COLLECTIVE BARGAINING
AGREEMENT
between
THE UNIVERSITY OF OREGON
and
UNITED ACADEMICS,
AAUP / AFT, AFL-CIO
    
JULY 1, 2015 THROUGH JUNE 30, 2018

I
    
TABLE OF CONTENTS
 
PREAMBLE ..................................................................................................................................1

ARTICLE 1. RECOGNITION ....................................................................................................1

ARTICLE 2. CONSULTATION .................................................................................................2

ARTICLE 3. SHARED GOVERNANCE ...................................................................................2

ARTICLE 4. INTERNAL GOVERNANCE POLICIES ..........................................................3

ARTICLE 5. ACADEMIC FREEDOM, FREE SPEECH AND FACULTY
RESPONSIBILITY.................................................................................................................3

ARTICLE 6. POLICIES AND PRACTICES ............................................................................5

ARTICLE 7. FACULTY HANDBOOK .....................................................................................5

ARTICLE 8. PERSONNEL FILES ............................................................................................6

ARTICLE 9. UNION RIGHTS ...................................................................................................7

ARTICLE 10. DUES DEDUCTION ...........................................................................................8

ARTICLE 11. RELEASE TIME .................................................................................................9

ARTICLE 12. FACILITIES and SUPPORT ...........................................................................10

ARTICLE 13. HEALTH and SAFETY ....................................................................................12

ARTICLE 14. NON-DISCRIMINATION................................................................................14

ARTICLE 15. ACADEMIC CLASSIFICATION AND RANK .............................................14

ARTICLE 16. NOTICES OF APPPOINTMENT....................................................................17

ARTICLE 17. ASSIGNMENT OF PROFESSIONAL RESPONSIBILTIES.......................20

ARTICLE 18. SUMMER SESSION APPOINTMENTS AND ASSIGNMENTS ................23

ARTICLE 19. NON-TENURE TRACK FACULTY (NTTF) REVIEW AND
PROMOTION ........................................................................................................................24

II

    
ARTICLE 20. TENURE REVIEW AND PROMOTION.......................................................30

ARTICLE 21. APPEAL FROM THE DENIAL OF TENURE OR PROMOTION ............42

ARTICLE 22. GRIEVANCE PROCEDURE ..........................................................................45

ARTICLE 23. ARBITRATION.................................................................................................48

ARTICLE 24. DISCIPLINE and TERMINATION FOR CAUSE ........................................50

ARTICLE 25. TERMINATION WITHOUT CAUSE FOR PROGRAM
ELIMINATION OR REDUCTION .....................................................................................52

ARTICLE 26. SALARY .............................................................................................................54

ARTICLE 27. PUBLIC EMPLOYEE BENEFITS
...................................................................................58

ARTICLE 28. FRINGE BENEFITS .........................................................................................58

ARTICLE 29. RETIREMENT BENEFITS .............................................................................59

ARTICLE 30. BENEFITS FOR ELIGIBLE RETIRED BARGAINING UNIT
FACULTY ..............................................................................................................................60

ARTICLE 31. TENURE REDUCTION PROGRAM (TRP) .................................................61

ARTICLE 32. LEAVES .............................................................................................................62

ARTICLE 33. SABBATICAL ...................................................................................................66

ARTICLE 34. JURY DUTY ......................................................................................................69

ARTICLE 35. PROFESSIONAL DEVELOPMENT ..............................................................69

ARTICLE 36. ETHICS AND PROFESSIONAL RESPONSIBILITY .................................70

ARTICLE 37. CRIMINAL RECORDS CHECKS ..................................................................70

ARTICLE 38. DRUG AND ALCOHOL TESTING................................................................71

ARTICLE 39. ACCEPTABLE USE OF UNIVERSITY INFORMATION ASSETS ..........72

ARTICLE 40. NO STRIKE, NO LOCKOUT ..........................................................................74

ARTICLE 41. DISTRIBUTION OF THE AGREEMENT ....................................................74

III

    
ARTICLE 42. RIGHTS RESERVED TO THE UNIVERSITY.............................................75

ARTICLE 43. TOTALITY OF AGREEMENT ......................................................................75

ARTICLE 44. SEVERABILITY ...............................................................................................75

ARTICLE 45. NEGOTIATION OF SUCCESSOR AGREEMENT .....................................76

ARTICLE 46. DEFINITIONS ...................................................................................................76

MEMORANDUM OF UNDERSTANDING .............................................................................83

RE: Joint Committee Regarding Intellectual Property Article....................................83
1

1  
2  
3  
4  
5  PREAMBLE
6  
7  This Agreement, entered into as of the date of ratification, is between the University of
8  Oregon and United Academics, American Association of University Professors -
9  American Federation of Teachers, AFL-CIO.
10  
11  The University of Oregon (referred to throughout as the University) is the institution of
12  higher education, composed of faculty, students and staff, which employs the University
13  of Oregon faculty. The University is represented by designees of the President, who is
14  charged by law with the responsibility to manage and administer the affairs of the
15  institution.
16  
17  United Academics (referred to throughout as the Union) is composed of the faculty of the
18  University of Oregon (except those excluded by law or agreement). United Academics is,
19  by law, the exclusive representative of the bargaining unit faculty members for purposes of
20  negotiating the terms and conditions of their employment with the University of Oregon.
21  
22  The intent and purpose of this Agreement is to establish the working conditions of the
23  bargaining unit faculty members, to further bargaining unit faculty members’ pursuit of
24  excellence and innovation in education, research, and service at the University of Oregon
25  and to ensure the success and academic excellence of the University.
26  
27  The parties recognize that good faith collective bargaining is a means of achieving this
28  purpose and that such collaboration will contribute to the interests of the University of
29  Oregon.
30  
31  ARTICLE 1. RECOGNITION
32  
33  Pursuant to the memorandum of understanding entered into by the parties on April 24,
34  2012, the certification by the Oregon Employment Relations Board dated April 27, 2012,
35  and subsequent agreements, the University recognizes the Union as the sole and exclusive
36  representative of all members of the bargaining unit described as: all full-time and part37
time research and instructional faculty employed by the University of Oregon, which
38  includes tenure-related faculty, non-tenure-track faculty, adjunct faculty, post-retired or
39  emeritus faculty, library faculty, and officers of research, including research assistants,
40  research associates, and postdoctoral scholars, but excluding (1) all supervisors, including
41  but not limited to the President, the Provost, Vice Presidents, Vice Provosts, Associate
42  Vice Provosts, Assistant Vice Provosts, Deans, Associate Deans, Assistant Deans and
43  Department Heads; (2) all Law School faculty; (3) all EC Cares faculty; and (4) all
44  confidential employees.
45
46  The University will send the union a report listing all faculty excluded from the bargaining
47  unit each quarter on August 1, November 1, February 1, and May 1.
2

1  
2  
3  
4  ARTICLE 2. CONSULTATION
5  
6  Section 1. The Union and the President of the University or his or her designee agree to
7  meet at the request of either party to discuss matters pertinent to the implementation or
8  administration of this Agreement, or other mutually acceptable matters. The parties shall
9  meet within 10 business days of receipt of a written request for a meeting. The request
10  shall contain an agenda of items to be discussed.
11  
12  Section 2. The parties understand and agree that such meetings shall not constitute or be
13  used for the purpose of contract negotiations. Neither shall such meetings be used in lieu
14  of the grievance procedures provided for in Article 22, Grievance Procedure.
15  
16  Section 3. Any agreement by the parties under this Article shall be reduced to writing
17  and signed by the parties within 10 days of the meeting.
18  
19  ARTICLE 3. SHARED GOVERNANCE
20
21  Preamble
22  Oregon state law and the University of Oregon’s original Charter, as well as long23
established practice, recognize the vital role of shared governance among the university's
24  governing board, president, and faculty, as a guarantee of the freedom to teach and engage
25  in research, creative activity, and scholarship upon which excellence in higher education
26  depends. In that regard, it is mutually desirable that the collegial system of governance be
27  maintained and strengthened so that the role of the faculty will be similarly maintained
28  and strengthened independent of collective bargaining.
29  
30  Section 1. The parties agree that it is desirable that the faculty have primary authority
31  over choice of method of instruction; subject matter to be taught; academic standards for
32  admitting students; and standards of student competence in a discipline. The University
33  affirms that in these areas the power of supervision, review, and final decision lodged in
34  the Board of Trustees of the University of Oregon will depart from the faculty judgment
35  on these matters only in rare instances and for compelling reasons communicated to the
36  faculty.
37  
38  Section 2. The parties agree that the faculty of each department or unit should have the
39  opportunity to participate in the system of shared governance of that department or unit,
40  according to policies initially developed and recommended by the faculty in accordance
41  with Article 4 of this Agreement
42  
43  Section 3. The University of Oregon Constitution shall remain in existence for the
44  duration of this Agreement subject to the review and modification by the Board of
45  Trustees in accordance with the Board’s authority and in consultation with the President
46  and the faculty.
3

1  
2  
3  
4  Section 4. The purpose of this Article is for the parties to affirm their commitment to
5  shared governance; as such, violations of this Article are neither grievable nor arbitrable.
6  If the Union perceives a violation of this Article, it may invoke its right to consult with the
7  President under Article 2 of this Agreement.
8  
9  ARTICLE 4. INTERNAL GOVERNANCE POLICIES
10  
11  Section 1. Each department and unit will develop a written policy delineating its procedures for
12  the internal governance of the department or unit. All faculty in each department or unit shall
13  have the opportunity to participate in the development of that department or unit’s internal
14  governance policy. At the outset of its formulation of such policy, the faculty will first
15  consider any input provided by the appropriate department or unit head, dean, vice
16  president, Provost, or designee. The faculty will submit their recommended policy to the
17  appropriate dean, vice president, or designee for review. The dean, vice president, or
18  designee will provide a written explanation to all faculty members and, upon request of
19  faculty, meet with the unit faculty to discuss any alterations he or she makes to the
20  recommended policy before submission to the Provost or designee. The Provost or
21  designee will have final authority to establish policy for each department or unit.
22
23  Section 2. The department or unit head, dean, vice president, Provost or designee may call
24  for changes to the established governance policy of a department or unit by informing the
25  unit faculty of the change being considered, thereby initiating the unit’s process for policy
26  revision. Unit faculty members, either through a governance committee or at a regular
27  faculty meeting, may call for changes to established internal governance policy by
28  notifying the faculty, or department or unit head, of a change to be considered, thereby
29  initiating the process for policy review and possible revision.
30  
31  Section 3. Policies for internal governance must include provisions for appropriate
32  documentation of decisions and for the appropriate and equitable participation of both
33  faculty in the Tenure Track and Tenured Professor classification and Career NTTF in
34  governance and the development of departmental or unit policies.
35
36  (a) The participation must be appropriate. Appropriate participation includes, but is not
37  limited to, departmental activities such as unit meetings, voting, and committee
38  membership. There must be documented and legitimate structural, pedagogical, or
39  programmatic reasons for determining that a class of faculty (TTF or Career NTTF), a
40  particular classification, a particular rank, or a particular FTE level should not
41  participate in a particular aspect of governance.
42
43  (b) When participation is appropriate, it must also be equitable. Equitable participation
44  requires a level of parity that allows TTF and Career NTTF in a department or unit to
45  have a meaningful role in governance. Equitable participation does not mean that
46  governance roles for every faculty member must be exactly the same or that there
47  must be absolute proportionality in governance for all faculty classifications and
48  ranks.
49
4

Section 4. All unit policies developed through t 1  he internal governance process, including
2  but not limited to merit review, professional responsibilities, and review and promotion,
3  should be periodically reviewed to ensure that they comply with and reflect current CBA
4  language and current university policy. Unit faculty members, either through a governance
5  committee or at a regular faculty meeting, may call for changes to established internal
6  policies by notifying the faculty, or department or unit head, of a change to be considered,
7  thereby initiating the process for policy review and possible revision.
8  
9  ARTICLE 5. ACADEMIC FREEDOM, FREE SPEECH AND FACULTY
10  RESPONSIBILITY
11  
12  Preamble.
13  As stated in the Mission Statement, the University of Oregon "strives to enrich the public
14  that sustains it through the conviction that freedom of thought and expression is the
15  bedrock principle on which university activity is based." Academic freedom and freedom
16  of speech are necessary conditions to teaching and research. This policy establishes a
17  robust view of academic freedom and freedom of speech in order to ensure that faculty
18  have the freedom to conduct research, to teach, to engage in internal criticism, and to
19  participate in public debate.
20  
21  Section 1. The University protects academic freedom and bargaining unit faculty
22  members shall enjoy its benefits and responsibilities:
23  
24  (a) The freedom to conduct research and creative work and to publish or otherwise
25  disseminate the results of that work. Within the broad standards of accountability
26  established by their profession and their individual disciplines, faculty members
27  must enjoy the fullest possible freedom in their research and in circulating and
28  publishing their results. This freedom follows immediately from the university’s
29  basic commitment to advancing knowledge and understanding.
30  
31  (b) The freedom to teach, both in and outside of the classroom. Faculty members must
32  be able not only to disseminate to their students the results of research by
33  themselves and others in their profession, but also to train students to think about
34  these results for themselves, often in an atmosphere of controversy that, so long as
35  it remains in a broad sense educationally relevant, actively assists students in
36  mastering the subject and appreciating its significance.
37  
38  Section 2. Academic responsibility implies the competent and full performance of duties
39  and obligations and the commitment to support the responsible exercise of academic
40  freedom by oneself and others. Each bargaining unit faculty member has the
41  responsibility to:
42  
43  (a) Observe and uphold the ethical standards of his or her discipline in the pursuit and
44  communication of scientific and scholarly knowledge;
45  
46  (b) Treat students, staff, colleagues, and the public fairly and with respect in
47  discharging his or her duties and in accordance with this Agreement and
48  University Policy No. 01.00.16 (Freedom of Inquiry and Free Speech), approved
49  by the President on December 28, 2010;
5

1  
2  (c) Respect the integrity of the evaluation process, evaluating students, staff, and
3  colleagues fairly according to the criteria and procedures specified in the
4  evaluation process;
5  
6  (d) Represent oneself as speaking for the university only when authorized to do so as
7  part of one's position or professional responsibilities; and
8  
9  (e) Participate, as appropriate, in the system of shared academic governance,
10  especially at the department or unit level, and seek to contribute to the academic
11  functioning of the bargaining unit faculty member’s academic unit (program,
12  department, school, or college) and the university.
13  
14  Section 3. All bargaining unit faculty members are guaranteed the protections of freedom
15  of speech, as derived from the First Amendment of the Constitution of the United States of
16  America and Section 8 of the Article I of the Constitution of the State of Oregon.
17  When faculty members speak or write as members of the public, they should make every
18  effort to indicate that they are not speaking for the university. They may identify their
19  university affiliation so long as no university sponsorship or endorsement is stated or
20  implied.
21
22  The University encourages and supports open, vigorous, and challenging debate across
23  the full spectrum of human issues as they present themselves to the university
24  community. The University protects free speech through Policy No. 01.00.16 (see
25  Appendix I) and all bargaining unit faculty members have the protections derived from
26  that policy.
27  
28  ARTICLE 6. POLICIES AND PRACTICES
29  
30  Section 1. Bargaining unit faculty members and the University shall comply with all duly
31  adopted administrative rules, policies and procedures of the University’s governing
32  board, and the University, and with all published unit- level policies.
33  
34  Any ambiguity between published unit-level polices and duly adopted policies and
35  procedures of the University’s governing board and/or the University, shall be resolved
36  in favor of the duly adopted policies.
37  
38  Any ambiguity between duly adopted policies and procedures of the University’s
39  governing board and/or the University and Articles of this Agreement shall be resolved
40  in favor of such Articles.
41  
42  Section 2. The parties will be bound by practices in effect prior to the effective date of
43  this Agreement, provided that those practices are (1) well-established; (2) concern terms
44  and conditions of employment; (3) significantly affect bargaining unit faculty members;
45  and (4) are consistent with this Agreement and the duly adopted administrative rules,
46  policies, and procedures referenced in Section 1.
47
48  Section 3. The University will notify the Union of any new or revised policies passed by
49  the Board of Trustees or signed by the President within 10 days of their adoption.
6

1  
2  ARTICLE 7. FACULTY HANDBOOK
3  
4  Section 1. The University shall maintain a Faculty Handbook which shall be complete,
5  up-to-date, and accessible to all bargaining unit faculty members as an online resource
6  available on the Academic Affairs website. A hardcopy of the Faculty Handbook as
7  posted on the website shall be made available to bargaining unit faculty members in the
8  Office of Academic Affairs and also available for electronic download at the beginning
9  of each academic year.
10  
11  Section 2. The Faculty Handbook shall be a compendium of issues relating to working
12  conditions for faculty at the university with appropriate resources and links to relevant
13  information.
14  
15  Section 3. The Academic Affairs website content associated with the Faculty Handbook
16  will be modified consistent with related policy changes as needed.
17  
18  Section 4. The Academic Affairs Faculty Handbook shall contain a link to the UO Policy
19  Library.
20  
21  Section 5. The Academic Affairs website, including the Faculty Handbook, will be
22  archived electronically on an annual basis and will be publicly available.
23  
24  ARTICLE 8. PERSONNEL FILES
25  
26  The purpose of this Article is to specify the means of implementation of ORS 351.065.
27  
28  Section 1. The University’s maintenance of bargaining unit faculty members’ personnel
29  files and personnel records and a bargaining unit faculty member’s access to those files
30  and records shall be in accordance with established university policy.
31
32  Section 2. A bargaining unit faculty member shall have the right to inspect each of his or
33  her three evaluative files upon reasonable request during normal operating hours and may
34  be accompanied at the location of the file by a representative of his or her own choice.
35
36  A bargaining unit faculty member shall have the right to receive a copy of each of his or
37  her three evaluative files within ten days of a reasonable request at no cost to the
38  bargaining unit faculty member.
39
40  Access to personnel files as described in this section are subject to the limitations of
41  applicable state and federal laws.
42
43  Section 3. A bargaining unit faculty member shall have the right to inspect of each of his
44  or her personnel records, including records kept by Affirmative Action, upon reasonable
45  request during normal operating hours and may be accompanied at the location of the
46  record by a representative of his or her own choice.
47
48  A bargaining unit faculty member shall have the right to receive a copy of each of his or
49  her personnel records, including records kept by Affirmative Action, which has probable or
7

1  potential relevance to an active grievance. For requests pursuant to this provision, 2.5 hours
2  of the highest compensated chargeable staff time related to the production of these
3  documents will be waived. All records requests related to a single grievance will be
4  combined for purposes of the fee waiver.
5
6  If requested records are not produced within 21 days, the active grievance shall be tolled
7  until the records are produced, although the grievant can end the tolling at any time and
8  proceed with the grievance. A bargaining unit faculty member shall have the right to
9  receive a copy of any investigation report used as a basis of discipline against the faculty
10  member at no cost.
11
12  Access to personnel records as described in this section are subject to the limitations of
13  applicable state and federal laws.
14
15  Section 4. A bargaining unit faculty member is entitled to submit, for placement in
16  personnel files or records, evidence rebutting, correcting, amplifying, or explaining any
17  document contained therein.
18  
19  Section 5. If a bargaining unit faculty member should become aware that his or her
20  personnel file contains errors of fact or omission, the bargaining unit faculty member may
21  petition, in writing, the Provost or designee to remove or correct the information.
22  
23  ARTICLE 9. UNION RIGHTS
24  
25  Section 1. The Union shall have the right to communicate with its members and the
26  members of the bargaining unit at all times without interference by the University,
27  provided such communication does not unduly interfere with the work duties of a
28  bargaining unit faculty member. Communications between bargaining unit faculty
29  members about union matters should not unduly interfere with university operations,
30  students, other employees, or members of the public.
31
32  Section 2. Upon reasonable advance notice to the appropriate scheduling office, the
33  Union shall have the right to schedule facilities on campus and access services, catering
34  and equipment associated with the use of facilities as a recognized faculty group. The
35  Union will pay all customary fees and charges for its use of the facilities, services and
36  equipment. The University will apply the fees and rates charged to university entities for
37  the Union’s use of such rooms and services. Use of the meeting rooms, services, catering
38  and equipment is subject to availability. Academic uses have priority. Facilities, services
39  and equipment will be reserved in the name of United Academics and not in the name of
40  bargaining unit faculty members. The Union will comply with all university policies
41  regarding the use of university meeting rooms, facilities, services and catering.
42
43  The Union may communicate with its bargaining unit members by group email to their
44  individual university email addresses. The Union may not send “blast” or group emails
45  to non-bargaining unit employees of the University.
46
47  Section 3. The Union shall have the right to separate space on existing bulletin boards in
48  each department or unit where bargaining unit members are employed, but the University
8

may remove or relocate such bulletin boards in its sole 1  and absolute discretion.
2
3  Section 4. The Union shall have the right to a list of information for all members of the
4  bargaining unit delivered on the first day of the month at no cost to the Union and in a
5  mutually agreeable format. The list shall include the following information:
6
7  • Employee name on record with Human Resources
8  • University ID number
9  • University email address
10  • Campus zip code
11  • Home address
12  • Employee Classification
13  • Employee rank code and rank description
14  • Employee job title
15  • Primary Unit
16  • First date of university employment
17  • Start date of current appointment
18  • Last day of current appointment
19  • Job type (Primary, Secondary, Overload)
20  • Contract Length (9 or 12 month)
21  • Job Status (Leave or Active)
22  • Salary
23  • FTE
24  • Percentage of each appointment, if available
25  • Campus office address, if available
26
27  Section 5. The Union shall have the right to an annual report of all promotion and tenure
28  decisions concerning bargaining unit faculty members made by the Provost or designee
29  during the preceding academic year no later than the following September 1.
30
31  Section 6. The Union shall have the right to make a presentation, if presentations are
32  made at, and distribute information at orientations that include new bargaining unit
33  faculty members. The presentation shall be for the purpose of introducing attendees to
34  Union and its role in representing bargaining unit faculty members, and will not be used
35  for discussion of labor/management issues or disputes.
36
37  Section 7. The Union shall have the right to information and data necessary to administer
38  this Agreement upon the payment of the actual cost of producing the information.
39  Information and data shall be made available in electronic form whenever possible.
40  
41  ARTICLE 10. DUES DEDUCTION
42  
43  Section 1. Upon written request on a form provided by the Union and approved by the
44  University, the Union may authorize the University to deduct regular dues once per
45  month from the paycheck of Union members. The amount to be deducted will be certified
46  by the Union’s Treasurer.
47  
9

An authorization shall remain valid until written notice of cancellation i 1  s provided by the
2  Union or until the employee is no longer a bargaining unit member, whichever occurs first.
3  The Union shall promptly forward to the University notice of cancellations of a dues
4  deduction authorization. Cancellation notices given by the member directly to the
5  University are invalid unless the member has ceased to be bargaining unit member.
6  
7  Members of the Union who, for any reason, have a break in employment status with the
8  university shall be considered members of the Union on their reinstatement to a
9  bargaining unit position with the university, and shall have their dues deducted as
10  members of the Union.
11  
12  Section 2. The University agrees to deduct fair share fees monthly from the paychecks of
13  those employees who have not authorized dues deduction per Section 1. The amount to
14  be deducted will be certified by the Union’s Treasurer. Members of the bargaining unit
15  who have paid fair share fees in lieu of dues shall have the right to request in writing a
16  copy of the Union’s policies and procedures regarding fair share fees, including
17  information on possible rebates in accordance with law.
18  
19  Section 3. The Union and the University agree to safeguard the rights of non-association
20  of employees, based on bona fide religious tenets or teachings of a church or religious
21  body of which such employees are members. Religious objectors shall pay an amount of
22  money equivalent to regular union dues to a nonreligious charity, or to another charitable
23  organization mutually agreed upon by the employee and the Union, in accordance with
24  the applicable procedures in ORS 243.666. Such employees shall furnish written proof to
25  the Union and the University that this has been done.
26  
27  Section 4. The Union will send a notice to the University establishing both the
28  “Members” dues rate and the “Fair Share” fee rate. The Union will notify the University
29  at least 60 calendar days in advance of any changes to these rates.
30  
31  Section 5. Upon written request from a bargaining unit faculty member on a form
32  provided by the Union and approved by the University, the bargaining unit faculty
33  member may have Political Action contributions deducted from their paycheck.
34  
35  An authorization to deduct Political Action contributions shall remain valid until the
36  bargaining unit faculty member gives written notice to the University canceling the
37  authorization or until the member separates from university employment. The bargaining
38  unit faculty member shall also provide a copy of any cancellation notice to the Union.
39  Members of the Union who, for any reason, have a break in employment status with the
40  university and who are reinstated to a bargaining unit position may renew their
41  authorization to have Political Action contributions deducted from their paychecks by
42  submitting the appropriate form.
43  
44  Section 6. The University will send payment to the Union for the total amount deducted
45  with a list identifying the members for whom the deductions are made, the type of
46  deduction, and the amount deducted within 10 working days of the deduction being
47  made.
48  
49  Section 7. The Union assumes responsibility for and indemnifies the University for all
10

claims against the University, its officers, officials, employees 1  or agents, arising out of or
2  related to this Article. The Union also will, at the option of the Union, either assume the
3  defense of any such claim or reimburse the University for its incurred defense costs at an
4  hourly rate that is no more than the hourly rate charged by the attorneys representing the
5  Union.
6  
7  Section 8. The University will not deduct any Union fines, penalties, or special
8  assessment from the pay of any bargaining unit faculty member.
9  
10  ARTICLE 11. RELEASE TIME
11  
12  Section 1. The University shall provide the Union with 2.5 annualized FTE of release time
13  each academic year. For purposes of this section, course releases will equate to 0.1 FTE.
14  Such release time may be used for the purposes of conducting union business, including,
15  but not limited to, contract administration, grievances, and participation in the governance
16  of the Union’s state and national affiliates. No more than one bargaining unit faculty
17  member may be released for this purpose from any department or unit at one time unless
18  approved in writing by the Provost or designee, which approval shall not be unreasonably
19  withheld.
20  
21  Section 2. For each of the two terms prior to the expiration of the Agreement, the
22  University shall provide an additional 2.1 FTE per term of release time for
23  distribution to the Union’s negotiating team for preparation for and attendance at
24  negotiation sessions. For purposes of this section, course releases will equate to 0.3
25  FTE per term.
26  
27  Section 3. The Union will notify the University of the particular faculty members who
28  shall receive release time. Such notice will be provided as far in advance as possible to
29  permit adequate coverage of assignments, but shall be no later than the first working day
30  of the term preceding the release. If the Union opts to use available release time in less
31  than 1 FTE increments, the bargaining unit faculty member and his or her dean, director,
32  vice president or designee will meet and confer to determine which portions of a
33  bargaining unit faculty member’s work responsibilities will be released. The parties agree
34  that such release time should be structured to minimize the impact on students.
35  
36  Section 4. The Union may also purchase up to an additional five courses not to exceed 20
37  credits of release time, or its equivalent in research, each academic year. No more than one
38  bargaining unit faculty member may be released for this purpose from any department or
39  unit at one time, or from a department from which a bargaining unit faculty member has
40  been released under Section 1 or 2 above, unless approved in writing by the Provost or
41  designee, which approval shall not be unreasonably withheld. The Provost or designee
42  shall have the final authority to approve requested course releases, which approval shall
43  not be unreasonably withheld. The Union will notify the University by May 15 as to
44  whether and how many course releases are being purchased for the following academic
45  year. The University will inform the Union of the amount to be charged for the requested
46  release(s), based on salary, OPE, and recovery of facilities and administrative costs. The
47  Union will reimburse the University for that amount in exchange for the course release.
48  
49  ARTICLE 12. FACILITIES and SUPPORT
11

1  
2  Section 1. The University shall provide bargaining unit faculty members with facilities and
3  services appropriate to the performance of their job duties and conducive to performing
4  their duties in a professional atmosphere.
5
6  Section 2. The University shall provide Officers of Instruction with a university email
7  address, a mailbox, access to a telephone number and voicemail, reasonable office space
8  and desk space, and reasonable access to a telephone, a computer, storage space in an office
9  or similar location that locks, a printer, a copier, private space for meeting with students
10  (which need not be dedicated for this purpose), and access to electronic course management
11  systems such as Blackboard. All of the spaces, systems and equipment (except email and
12  mailboxes) listed in this section may be shared.
13
14  The parties agree that reasonable office and desk space depends on the particular
15  circumstances, including but not limited to: the space available to the department or unit;
16  the other priorities for the use of the space; the FTE, schedule and nature of the work of the
17  bargaining unit faculty member; and the bargaining unit faculty member’s actual use of
18  office and desk space. The University’s decision on how to allocate such space will be
19  given deference. If an arbitrator determines that a bargaining unit faculty member’s
20  assigned office or desk space is unreasonable, he or she will remand to the University to
21  find an alternative that meets the standard of this section. The arbitrator cannot order that
22  the University’s physical space be used in any particular way, or that a bargaining unit
23  faculty member be provided with any particular space.
24
25  Section 3. The University shall provide Officers of Research with a university email
26  address, a mailbox, a telephone number and voicemail, appropriate workspace, and
27  appropriate equipment to complete assigned work. All of the spaces, systems and
28  equipment (except email and mailboxes) listed in this section may be shared.
29
30  Section 4. Bargaining unit faculty members shall have the right to access their work
31  facilities when needed for the performance of their professional responsibilities. However,
32  this shall not preclude the University from restricting access when necessary for university
33  operations or in case of emergency.
34
35  Section 5. A bargaining unit faculty member who complies with the university’s processes
36  and deadlines around the assignment of classroom space shall be provided one classroom
37  for the duration of a class period.
38
39  (a) Exceptions shall be made for pedagogical reasons or in cases of emergency.
40
41  (b) This Agreement recognizes that exceptions may also be made when the length or
42  scheduled time of the class period makes it difficult to provide a single classroom
43  for the entire class meeting. In those circumstances, the University will take every
44  reasonable step to avoid these exceptions by anticipating late enrollment and the
45  needs of programs where length and schedule time of class periods may be different
46  from the classroom scheduling protocols applicable elsewhere in the university.
47
48  (c) A bargaining unit faculty member has the right to discuss with his or her supervisor
12

preferences for or concerns about specific classrooms before 1  assignments are made.
2
3  (d) Bargaining unit faculty members will be provided with classroom space sufficient
4  to seat the maximum enrollment established at the time the course is opened for
5  student registration.
6
7  (e) Assigned classrooms will have the technology identified as necessary by the
8  bargaining unit member and approved by the university at the time the course is
9  opened for student registration. Reasonable technological support will be made
10  available to all faculty.
11
12  (f) The University may change a classroom assignment if a classroom is determined to
13  be inaccessible for a student or employee. A bargaining unit faculty member should
14  notify the Office of the Registrar as soon as he or she identifies a barrier to the
15  access of a student or employee to or within a classroom. The University will
16  comply with all applicable laws regarding disabilities and access for bargaining unit
17  faculty members.
18
19  Section 6. All bargaining unit faculty members shall be assigned, and shall be expected to
20  use for university purposes, a University of Oregon email account, a Duckweb account, and
21  a DuckID at least 15 days before the employment start date or as soon as practicable.
22  Bargaining unit members shall follow university procedures and provide requested
23  information in order to obtain such services.
24
25  All bargaining unit faculty members not terminated for cause and who have complied with terms
26  of this Agreement and all policies applicable to the use of university email shall be provided access
27  to a University of Oregon email account, a Duckweb account, and university courseware for at
28  least two terms after the end of their employment. The former bargaining unit faculty
29  member must continue to comply with the terms of this Agreement and all policies
30  applicable to the use of university information assets.
31
32  Section 7. The University shall comply with all laws regarding accessibility of web- based
33  communications. The University shall furnish appropriate aids and services to bargaining
34  unit faculty members with disabilities as required by law. In determining what type of
35  auxiliary aid and service is necessary, the University shall be responsive to the requests of
36  the bargaining unit faculty member with disabilities.
37  
38  ARTICLE 13. HEALTH and SAFETY
39  
40  Preamble. The University of Oregon is noted for its strong tradition of collegiality and
41  support for all members of the institution. Hostile, intimidating, or abusive behavior
42  damages the strong sense of community so valued at UO. We should all work to ensure
43  that each member of our community benefits from a respectful and inclusive working and
44  learning environment. We expect that everyone will make a conscious effort to model the
45  behavior necessary to create an inclusive and respectful climate for all.
46  
47  Section 1. Bargaining unit faculty members have the right to work in a safe and healthy
48  workplace that meets the safety and health requirements of the Oregon Safe Employment
13

Act and is an environment that is not hostile, intimidating, or abusive. 1  Bargaining unit
2  faculty members shall not be required to work under conditions that violate applicable
3  safety or health laws or regulations.
4  
5  (a) A bargaining unit faculty member may report a condition that he or she believes
6  does not comply with applicable safety or health laws. The University will assess
7  the report.
8  
9  (b) Upon conclusion of the assessment, the University shall inform the bargaining
10  unit member (in writing if the report was made in writing) of the conclusion and
11  what, if any, action is being taken.
12  
13  Section 2. Bargaining unit faculty members will attend all required training on workplace
14  health and safety offered by the University. Bargaining unit faculty members will be paid
15  for attendance at required trainings.
16  
17  Upon reasonable request, a bargaining unit faculty member will be provided instruction
18  on how to safely operate equipment provided by the University for use by the bargaining
19  unit faculty member in the performance of his or her duties.
20  
21  Section 3. The Union may appoint two representatives to the Safety Advisory
22  Committee.
23  
24  Section 4. The University will develop a comprehensive written workplace violence
25  prevention policy. The Union will have an opportunity to fully participate in the
26  development of the policy.
27  
28  At a minimum, the policy will address avoiding workplace violence, verbal and
29  nonverbal threats, and similar actions, and will provide a procedure for the prompt
30  reporting of incidents.
31  
32  The policy will be developed and submitted to the Provost or designee. The Provost or
33  designee will have final authority to establish the policy. If the Provost or designee
34  materially alters the recommended policy, he or she will provide a written explanation
35  for the change(s) to the Union.
36
37  The workplace violence prevention policy will be posted on the Human Resources
38  website.
39  
40  Section 5. No bargaining unit faculty member will be subject to discrimination, discipline,
41  or termination for reporting that he or she has experienced workplace violence or the threat
42  of workplace violence.
43  
44  
45  ARTICLE 14. NON-DISCRIMINATION
46  
47  Section 1. The University affirms its dedication to the principles of equal opportunity and
48  freedom from unlawful discrimination; as such, the University will not discriminate on
49  account of any of the protected categories under current federal, state, or local law,
14

including the following: race, creed, color, sex, religion, national 1  origin, ancestry,
2  marital status, domestic partnership status, familial status, age, disability, veteran status,
3  sexual orientation, gender identity or expression, or membership or non-membership in
4  or activity on behalf of or in opposition to the Union. Unlawful discrimination includes
5  unlawful sexual harassment.
6  
7  The University affirms its obligations as a federal contractor with regard to affirmative
8  action.
9  
10  Section 2. The University will offer all bargaining unit faculty members training
11  regarding unlawful discrimination. A bargaining unit faculty member shall complete
12  any training regarding unlawful discrimination that is required by the University.
13  Bargaining unit faculty members will ordinarily be required to complete training
14  regarding unlawful discrimination no more frequently than once every five years.
15  
16  Section 3. Neither the University nor the Union shall unlawfully discriminate against,
17  intimidate, restrain, coerce, or interfere with any bargaining unit faculty member because
18  of, or with respect to, his or her lawful union activities, including participation in a
19  grievance, or membership, or the right to refrain from such activities or membership. In
20  addition, there shall be no discrimination against any bargaining unit member in the
21  application of the terms of this Agreement because of membership or non-membership in
22  the Union.
23  
24  ARTICLE 15. ACADEMIC CLASSIFICATION AND RANK
25
26  Section 1. The University shall assign each bargaining unit faculty member the
27  classification, category, and rank that most closely reflect the duties described in his or her
28  contract and job description.
29
30  Section 2. Classification
31
32  The following are the classifications that apply to faculty bargaining unit positions. A
33  classification identifies the type of position.
34
35  (a) TENURE-TRACK AND TENURED: A paid position wherein an individual is
36  designated by the University in writing as eligible for tenure or has been granted
37  tenure in writing by the Provost.
38
39  (b) ACTING: A tenure-track paid position for individuals intended by the University to
40  become tenure-track assistant professors but who have yet to complete the terminal
41  degree.
42
43  (c) CAREER: A non-tenure track paid position that is ongoing.
44
45  (d) VISITING: A non-tenure track paid temporary appointment of limited duration (up
46  to two years) for (1) an individual who holds a like, similar, or relevant appointment
47  at another institution or (2) pursuant to norms of the specific discipline, an
48  individual who has recently obtained a terminal degree and is seeking further
49  professional experience prior to seeking a professorship.
15

1
(e) PRO TEMPORE: A non-tenure track paid appointment 2  that is intermittent or of
3  limited duration except as provided in Article 16, Section 13.
4
5  (f) POSTDOCTORAL SCHOLAR: A non-tenure track paid, mentored research,
6  instructional, librarian, or combined position that is of limited duration for
7  individuals who have earned a doctoral degree.
8
9  (g) RETIRED: A non-tenure track paid appointment post-retirement. A bargaining unit
10  faculty member is considered to be retired if he or she resigns or is terminated
11  without cause from employment with the university or enters into a tenure reduction
12  or relinquishment agreement and is:
13
14  i. eligible for unreduced or reduced benefits under the Public Employees
15  Retirement System (for participants in PERS) or the Oregon Public Service
16  Retirement Program (for participants in OPSRP);
17
18  ii. eligible under Internal Revenue Service rules to withdraw funds from an
19  account established under Optional Retirement Plan and meets the
20  requirements for unreduced or reduced benefits under, depending on date of
21  hire, PERS Tier 1 or 2 or the OPSRP. This classification includes the post22
retired or emeritus faculty described in Article 1, Recognition.
23
24  Section 3. Category
25
26  The following are the categories that apply to bargaining unit positions. A category
27  describes a rank or group of ranks.
28
29  (a) PROFESSOR: This category can only be used in the Tenure Track or Tenured,
30  Acting, Visiting, or Retired classifications. This category requires paid appointment
31  with duties in all three areas of independent research, scholarship, and/or creative
32  inquiry; instruction; and service.
33
34  (b) CLINICAL PROFESSOR: This category can only be used in the Visiting, Career,
35  Pro Tem or Retired classifications. This category requires a non-tenure track paid
36  appointment for individuals with primary duties in the area of clinical instruction or
37  research.
38
39  (c) PROFESSOR OF PRACTICE: This category can only be used in the Visiting,
40  Career, Pro Tem, or Retired classifications. This category requires a non-tenure
41  track paid appointment with primary duties in the area of research or instruction.
42  This category is to be held by eminently qualified professionals who have had a
43  major impact on fields and disciplines important to University of Oregon programs.
44  A Professor of Practice will:
45
46  • have a substantial basis of experience equal to a tenured professor (normally
47  a minimum of 12 years) and a national/international reputation for
48  excellence reflected in a record of significant accomplishments;
16

1
2  • have a profile of accumulated professional accomplishments fully congruent
3  with the rank of professor;
4
5  • have a rich and extensive background in a field and discipline relevant to the
6  school, college, or unit of appointment at the University of Oregon; and
7
8  • serve as a liaison between the professional field and the University of
9  Oregon.
10
11  (d) INSTRUCTOR: This category can only be used in the Visiting, Career, Pro Tem or
12  Retired classifications. This category requires a non-tenure track paid appointment
13  with primary duties in the area of undergraduate instruction. Instructor duties may
14  include advising and mentoring responsibilities as well as possibility of
15  involvement in design and development of courses and the curriculum.
16
17  (e) LECTURER: This category can only be used in the Visiting, Career, Pro Tem or
18  Retired classifications. This category requires a non-tenure track paid appointment
19  with primary duties in the area of graduate instruction and education. The duties
20  may also include some undergraduate instruction and mentoring and advising
21  responsibilities, as well as the possibility of involvement in design and development
22  of courses and the curriculum. Appointments in the Lecturer category require the
23  terminal degree (or its professional equivalent) relevant to the appointment, but
24  holding a terminal degree does not by itself entitle a bargaining unit faculty member
25  to appointment in the Lecturer category.
26
27  (f) LIBRARIAN: This category can only be used in the Visiting, Career, Pro Tem, or
28  Retired classifications. This category requires a non-tenure track paid appointment
29  with primary duties in the university libraries. Appointments in the Librarian
30  category require a terminal professional degree, but holding a terminal degree does
31  not by itself entitle a bargaining unit faculty member to appointment in the
32  Librarian category.
33
34  (g) RESEARCH ASSISTANT: This category can only be used in the Visiting, Career,
35  Pro Tem or Retired classifications. This category requires a non-tenure track paid
36  appointment for individuals who have typically earned a bachelor’s or master’s
37  degree. Primary duties are in the area of research. Research Assistants typically
38  work as members of a research team under the direct supervision of other faculty
39  researchers.
40
41  (h) RESEARCH ASSOCIATE: This category can only be used in the Visiting, Career,
42  Pro Tem or Retired classifications. This category requires a non-tenure track paid
43  appointment for individuals who have the terminal degree relevant to the
44  appointment. Primary duties are in the area of research, which are typically
45  undertaken as part of a research team or lab. Appointments in the Research
46  Associate category require a terminal degree (or its professional equivalent) in a
47  relevant field, but holding a terminal degree does not by itself entitle a bargaining
48  unit faculty member to appointment in the Research Associate category.
17

1
(i) RESEARCH PROFESSOR: This category c 2  an only be used in the Visiting, Career,
3  Pro Tem or Retired classifications. This category requires a non-tenure track paid
4  appointment with duties primarily in the area of independent research, scholarship
5  and/or creative inquiry. Appointments in the Research Professor category require a
6  terminal degree relevant to the appointment. Primary duties are independent lines of
7  inquiry, which can be related to the work of colleagues but not dependent on it. A
8  Research Professor will have qualifications and research expectations equal to or
9  exceeding those for a tenure-track/tenured professor at the same rank in related
10  fields.
11
12  (j) POSTDOCTORAL SCHOLAR: This category can only be used in the Postdoctoral
13  Scholar classification. This category requires a non-tenure track paid appointment
14  for a temporary and defined period of formally mentored research, instruction,
15  librarianship, or scholarly training, for the purpose of allowing the Postdoctoral
16  Scholar to acquire the professional skills needed to pursue a career path of his or her
17  choosing. The appointment requires a doctoral degree. At the time of appointment,
18  hiring documentation should include an articulated program of mentoring with an
19  identified mentor.
20
21  Section 4. Rank
22
23  The following are the ranks within categories that apply to bargaining unit faculty
24  members. Ranks define the level of promotion within a category.
25
26  (a) PROFESSOR: Ranks in this category in ascending order are assistant professor,
27  associate professor, and professor.
28
29  (b) CLINICAL PROFESSOR: Ranks in this category in ascending order are assistant
30  clinical professor, associate clinical professor, and clinical professor.
31
32  (c) PROFESSOR OF PRACTICE: The only rank in this category is professor of
33  practice.
34
35  (d) INSTRUCTOR: Ranks in this category in ascending order are instructor, senior
36  instructor I, senior instructor II.
37
38  (e) LECTURER: Ranks in this category in ascending order are lecturer, senior lecturer
39  I, senior lecturer II.
40
41  (f) LIBRARIAN: Ranks in this category in ascending order are assistant librarian,
42  associate librarian, and senior librarian.
43
44  (g) RESEARCH ASSISTANT: Ranks in this category in ascending order are research
45  assistant, senior research assistant I, senior research assistant II.
46
47  (h) RESEARCH ASSOCIATE: Ranks in this category in ascending order are research
48  associate, senior research associate I, senior research associate II.
18

1
2  (i) RESEARCH PROFESSOR: Ranks in this category in ascending order are assistant
3  research professor, associate research professor, and research professor.
4
5  (j) POSTDOCTORAL SCHOLAR: The only rank in this category is Postdoctoral
6  Scholar.
7
8  Section 5. At the time of hire, the University shall assign each bargaining unit faculty
9  member a rank within the classification and category described in the job posting.
10
11  Nothing shall preclude a bargaining unit faculty member from being assigned and
12  performing other duties not described in his or her specific classification, category, or rank
13  as long as those duties are consistent with his or her job description.
14
15  Section 6. If the University non-renews a position in the Career classification for
16  economic or programmatic reasons, then the position cannot be refilled in the Visiting, Pro
17  Tem or Postdoctoral Scholar classification within the subsequent two years unless
18  approved by the Provost or his or her designee.
19
20  Section 7. The duration of a position in the Pro Tem classification shall be no more than
21  three years. If the University decides to continue a position in the Pro Tem classification
22  for longer than three years, the position must be converted to a Career position. In rare
23  cases, a department or unit may petition the Provost to continue a position in the Pro Tem
24  classification for longer than three years for legitimate pedagogical or legitimate
25  programmatic reasons. Permission to continue a position in the Pro Tem classification for
26  longer than three years must be granted by the Provost or designee in writing.
27
28  Section 8. The duration of a position in the Postdoctoral Scholar classification shall be
29  no more than three years. Postdoctoral mentors, however, may petition the Provost or
30  designee for an extension of no more than two years. Permission to continue a position
31  in the Postdoctoral Scholar classification for longer than three years must be granted by
32  the Provost or designee in writing.
33
34  Section 9. The University shall provide the Union with an annual report of all
35  permissions to extend a position in the Pro Tem or Postdoctoral Scholar classification
36  beyond three years made by the Provost or designee during the preceding academic year
37  no later than the following September 1.
38
39  Section 10. Bargaining unit faculty members in the Career classification shall have the
40  right to petition the Provost or designee to have their position recategorized if they believe
41  that their position was categorized incorrectly at the time of first hire or their position has
42  evolved to more closely resemble a different category. If a petition for recategorization is
43  denied, a bargaining unit faculty member may petition again after completion of at least
44  one additional year of service in the position.
45
46  When a position is recategorized through this process, the bargaining unit faculty member
47  will be assigned a new rank equivalent to their rank in the former category.
48
19

Section 11. Bargaining unit faculty members in the 1  Pro Tem or Visiting or Postdoctoral
2  Scholar classification who believe that their positions should be positions in the Career
3  classification may petition for reclassification after the completion of two years of
4  appointment. Because the defining characteristic of the Pro Tem and Visiting and
5  Postdoctoral Scholar classifications is their limited duration, the decision of the Provost or
6  designee should be guided by the current and anticipated duration of the position.
7
8  Section 12. When a position is reclassified from a non-tenure track classification into the
9  Tenure Track and Tenured classification, a new national search is always required to fill
10  the position. For other classifications, a national search is permissible, but not required
11  when the original search was national in scope and when the incumbent has had successful
12  reviews.
13
14  Section 13. A reclassification or recategorization shall take effect at the beginning of the
15  next fiscal year, contract renewal, or academic year, or other date as approved by the
16  Provost or designee.
17
18  Section 14. A change in rank within a category requires a promotion.
19
20  ARTICLE 16. NOTICES OF APPOINTMENT
21  
22  Section 1. Notice of Renewal or Nonrenewal.
23
24  (a) The University shall provide notice of renewal or nonrenewal of a Career
25  NTTF appointment that is not funding contingent via email no later than May
26  1st of the last year of the faculty member’s current appointment.
27
28  Notice of renewal will state the following:
29  i. Duration of upcoming appointment; and
30  ii. If the upcoming appointment is contingent on funding; and
31  iii. Expected FTE
32
33  (b) The University shall provide notice of renewal or nonrenewal of a Career NTTF
34  appointment that is funding contingent via email as soon as practicable.
35
36  Notice of renewal will state the following:
37  i. Duration of upcoming appointment; and
38  ii. If the upcoming appointment is contingent on funding; and
39  iii. Expected FTE
40
41  (c) A bargaining unit faculty member with a Career NTTF appointment that is funding
42  contingent and who has achieved promotion shall receive at least 30 days of notice
43  prior to the nonrenewal of his or her appointment.
44
45  (d) The employment of a bargaining unit faculty member in the Pro Tem,
46  Visiting, Postdoctoral Scholar or Acting classifications expires in accordance
47  with its terms and no notice is required.
48
20

Section 2. Nonrenewal of Career Non-Tenure-1  Track Faculty Rationale. The
2  University may decline to renew the appointment of a Career NTTF bargaining unit
3  faculty member who has achieved promotion for the following reasons:
4
5  (a) Failure to meet the standards of excellence at a major research university, as
6  determined through the procedures developed in accordance with Article 19;
7  or
8  (b) Inadequate resources within the unit or department to continue funding the
9  bargaining unit faculty member’s position; or
10  (c) Pedagogical or programmatic reasons, including but not limited to,
11  departmental adjustments necessary to accommodate graduate students; or
12  (d) Replacement of the NTTF position(s) with a Tenure-related position.
13
14  Career NTTF bargaining unit faculty members who have not yet been promoted may be
15  non-renewed, at the discretion of the University, pursuant to the timelines provided for
16  in Section 1.
17
18  The University shall provide a written statement documenting the reason for the
19  nonrenewal at the time of notice.
20
21  It is acknowledged that in the nonrenewal decisions pursuant to this section, subsection (a),
22  (c) and (d) rely on the University’s exercise of academic judgment. Decisions made based
23  on the basis of inadequate resources as described in (b) may or may not rely on academic
24  judgment.
25
26  Section 3. Grievances related to non-renewal decisions can be initiated at the Step 3 level.
27
28  Section 4. On or before July 1 of each year, the University will send a report to the Union
29  detailing the non-renewal decisions for that year. The report will list the department and
30  stated reason the faculty member was non-renewed.
31
32  Section 5. Lack of Renewal Notice
33
34  (a) If the University does not provide a bargaining unit faculty member with notice as
35  set forth in Section 1, he or she shall receive a payment proportional to his or her
36  base salary for the number of days the notice was late.
37
38  (b) A bargaining unit faculty member who does not receive notice as set forth in
39  Section 1 and continues to work under the terms and conditions of the expiring
40  appointment after that appointment expires will be paid for all work performed.
41
42  Appointments and Reappointments
43
44  Section(6. The Provost or designee shall provide a bargaining unit faculty member to be
45  appointed or reappointed to a position subject to this Agreement with written notification
46  of the appointment or reappointment. Notice by any other means is not valid notice and
47  does not cause the formation of an agreement between the University and the bargaining
48  unit faculty member. Oral promises regarding terms and conditions of employment and
21

representations made in writing by persons other than the Provost 1  or those designated by
2  the Provost are not binding upon the University. The notice of appointment or
3  reappointment, which may be provided electronically such as by email or link to a
4  website, shall include, but need not be limited to, the following:
5  
6  a. Effective date of appointment
7  
8  b. Classification, category, and rank
9  
10  c. Department and title
11  
12  d. Duration of appointment and/or if appointment is contingent on funding
13  
14  e. Tenure status, including the nature of any restrictions on eligibility for tenure
15  and any credit for prior service; or
16
17  f. Career status, including the nature of any restrictions on eligibility for
18  promotion and any credit for prior service
19
20  g. Salary
21
22  h. FTE
23
24  i. Other requirements of employment
25
26  Section 7. Notice of Appointment Timelines for New Faculty
27
28  Notices of appointment for new bargaining unit faculty members shall be provided as
29  soon as practicable.
30
31  Section 8. Notice of Reappointment Timelines for Continuing Faculty
32
33  (a) The University shall provide notice of reappointment to returning Career NTTF
34  who are not funding contingent no later than 30 days prior to the start date of their
35  appointment.
36
37  (b) The University shall provide notice of reappointment to returning Career NTTF
38  who are funding contingent no later than 30 days prior to the start date of their
39  appointment, when feasible.
40
41  Section 9. The University will provide a bargaining unit member with written information
42  concerning duties, responsibilities and institutional expectations. The University shall
43  provide such written information, which may be provided electronically such as by email
44  or link to a website, within a reasonable time of the notice of appointment or
45  reappointment and whenever significant changes occur. The written information shall
46  include:
47  
48  a. Professional responsibilities (see Article 17)
22

1  
2  b. Link to faculty handbook and school, college, or department policies
3  
4  Section 10. One-Year Appointments
5  Bargaining unit faculty members who have appointments with the Career classification
6  and rank of instructor, lecturer, research assistant, research associate, assistant clinical
7  professor, or research assistant professor shall have at least one-year appointments during
8  their first four academic or fiscal years of employment in rank.
9  
10  Section 11. Two-Year Appointments
11  Bargaining unit faculty members who have appointments with the Career classification
12  and rank of instructor, lecturer, research assistant, research associate, assistant clinical
13  professor, or research assistant professor shall have at least two-year appointments after
14  their first four academic or fiscal years of employment in rank.
15  
16  Section 12. Three-Year Appointments
17  Bargaining unit faculty members who have appointments with the Career classification and rank
18  of senior instructor I, senior instructor II, senior lecturer I, senior lecturer II, senior research
19  assistant I, senior research assistant II, senior research associate I, senior research
20  associate II, associate clinical professor, clinical professor, research associate professor,
21  research professor or professor of practice shall have at least three-year appointments.
22  
23  Section 13. The status quo with respect to length of contracts for Librarians shall be
24  maintained subject to the provisions of Article 19, Section 7.
25  
26  Section 14. Length of Funding Contingent Appointments. Notwithstanding Sections 8-
27  11 of this Article, an appointment cannot be issued for longer than funding is known to be
28  available. Further, regardless of appointment length and in contrast to appointments that
29  are not funding contingent, a funding contingent appointment can be terminated due to
30  lack of funding, changing programmatic needs, or poor performance by the bargaining
31  unit faculty member holding the appointment, subject to the notice requirements of
32  Section 1 of this article.
33
34  Before terminating a funding contingent appointment for a bargaining unit faculty
35  member’s poor performance, the University must meet with the bargaining unit faculty
36  member to discuss the poor performance and provide the bargaining unit faculty member
37  with written instructions and a timeline to remedy the poor performance.
38
39  Section 15. Appointment or reappointment duration for bargaining unit members in the
40  Pro Tem, Visiting, Postdoctoral Scholar, or Acting classifications is at the discretion of
41  the University, in compliance with the provisions of this Agreement.
42  
43  Section 16. The duration of the appointment for a Postdoctoral Scholar and the provisions
44  for appointment, renewal, or nonrenewal will be specified at the time of hire and included
45  in the written notification of appointment.
46  
47  Section 17. The University may make appointments in the Pro Tem classification when
23

such appointments are advisable and in compliance with the 1  terms of this Agreement. A
2  position in the Pro Tem classification is not expected to last more than three years. Pro
3  Tem positions may extend beyond three years, or a position may be filled by Pro Tem
4  faculty on an ongoing basis, if appropriate, for legitimate pedagogical or legitimate
5  programmatic reasons. Permission to continue a position in the Pro Tem classification for
6  longer than three years must be granted by the Provost or designee in writing, as per
7  Article 15, Section 7.
8
9  Section(18.(The University supports and encourages, where feasible and appropriate, the
10  creation of NTTF appointments at .50 FTE or above.  The University may not appoint a Career
11  NTTF at an FTE level of below .50 FTE to preclude providing benefits. Aggregate appointments
12  across two or more departments that total .50 FTE or above will receive benefits.
13  
14  Section 19. The initial appointment in the Tenure-Track and Tenured Professor
15  classification will usually be to the rank of assistant professor, without tenure, and for a
16  period of three years unless the University and the bargaining unit faculty member agree
17  to a shorter duration. At the time of hire, the University and the bargaining unit faculty
18  member may agree upon credit toward tenure for prior service. Such agreement will be
19  documented in the initial appointment. The University and the bargaining unit faculty
20  member may agree to reduce or forego the credit for prior service. Such agreement will
21  be documented in a revised notice of appointment.
22  
23  Section 20. If an appointment of a full-time, tenure-track bargaining unit member is not to
24  be renewed for reasons other than for just cause (Article 24) or program elimination or
25  reduction (Article 25), notice of nonrenewal shall be given in writing as follows: during
26  the first annual appointment, by March 15 for those whose contracts expire on or about
27  June 15, or at least three months' notice given prior to expiration of the appointment,
28  whichever is longer; during the second year of service, by December 15 for those whose
29  contracts expire on or about June 15, or at least six months’ notice given before expiration
30  of the appointment, whichever is longer; in the third and subsequent years of service, at
31  least 12 months' notice, which may be given at any time.
32
33  Section 21. Impact of enrollment on appointments. In the event of course cancellation
34  for insufficient enrollment:
35
36  (a) The University will work with the affected faculty member to determine if it is
37  possible to replace the course assignment with an equivalent course assignment
38  within the same appointment period and academic year. The assignment of an
39  equivalent course pursuant to the Section shall not be considered an overload
40  assignment.
41
42  (b) If it is not possible to replace the course assignment within the same appointment
43  period and academic year, the department may provide an equivalent, alternative
44  assignment consistent with the department’s workload policy. Examples of such
45  work include but are not limited to the following: advising; determining course
46  equivalencies for transfer credit; assessment projects; curriculum development;
47  substitute teaching; recruiting for study abroad programs. The equivalent,
48  alternative assignment must be completed during the same term the cancelled
24

1  course was scheduled.
2
3  (c) If assignments cannot be made under (a) and (b) of this section, the bargaining
4  unit faculty member shall be assigned faculty-related work by the Dean’s office.
5
6  Section 22. There will not be notices of appointment associated with Summer Session
7  instructional appointments. The provisions of Summer Session appointments will be
8  communicated in writing or email in accordance with Article 18.
9
10  ARTICLE 17. ASSIGNMENT OF PROFESSIONAL RESPONSIBILTIES
11
12  Preamble. The University and the Union recognize that, given the diverse nature of the
13  work performed by bargaining unit faculty members, the varying types of appointments,
14  and the needs of the university, the weighting of assignments and the particulars of
15  individual assignments will vary both between and within units. The University and the
16  Union also recognize that each bargaining unit faculty member has the obligation to
17  devote his or her best efforts to the university, and particularly to students; to perform all
18  duties with professionalism and diligence and in accordance with the standards
19  appropriate in AAU institutions; to act ethically and in compliance with the accepted
20  professional standards; to account for all money or property received; to use money and
21  property only for lawful purposes and in accordance with policy; to treat confidential
22  information as confidential; to cooperate with the university with regard to
23  investigations, audits, and legal proceedings; and to represent the university with
24  professionalism.
25  
26  Section 1. Assignment of professional responsibilities may consist of some combination
27  of instructional activities (including class preparation, classroom teaching, evaluation of
28  student work, advising and mentoring, and various forms of communication with
29  students); research, scholarship, and creative activity; and service within the department,
30  school, college or institute, and the university, and to external organizations, and
31  communities.
32  
33  Section 2. The faculty in each department or unit will begin the process of developing a
34  written policy for the assignment of professional responsibilities and stipends or
35  academic support resources, by first considering any input provided by the department or
36  unit head, dean, vice president, Provost, or designee. The faculty will submit their
37  recommended policy to the appropriate dean, vice president, or designee for review. The
38  dean, vice president, or designee will document and discuss any revisions he or she
39  makes to the policy with the faculty before submitting his or her recommended policy to
40  the Provost or designee. The Provost or designee will have final authority to establish
41  the policy for each department or unit. If the Provost or designee materially alters the
42  faculty-recommended policy, he or she will provide a written explanation for the
43  change(s) to the faculty in the department or unit. The department or unit head, dean,
44  vice president, Provost, or designee may initiate changes to established policies by
45  informing the appropriate faculty of the change being considered, thereby initiating the
46  process described in this Section.
47  
48  Section 3. The workload policy shall define a 1.0 FTE workload for all academic
25

instructional classifications and ranks employed by the department 1  or program, and shall
2  address how each of the following items contribute to the overall FTE. For non3
instructional classifications or where tenure-related or non-tenure track faculty are not
4  primarily instructional, specific job descriptions should be developed to address the
5  particular workload of the bargaining unit faculty member. Instructional faculty
6  workloads will, in general, address the following:
7  
8  a. Course load
9  
10  b. Service expectations
11  
12  c. Research, scholarship and creative activity
13  
14  d. Professional development related to teaching, research and service
15  
16  e. Undergraduate and graduate advising
17  
18  f. Student contact and communication
19  
20  Section 4. Workload policies should also describe a process for accounting for individual
21  faculty needs when assigning workload. Factors to consider include, but are not limited
22  to:
23  
24  (a) New course preparations
25  
26  (b) Balance of workload components based on faculty review, promotion and tenure,
27  professional development expectations and agenda for research, scholarship and
28  creative activity
29  
30  (c) Administrative duties
31  
32  (d) Timing of activities (e.g., publication and grant deadlines, course load in given
33  terms, and promotion review dates)
34  
35  (e) Job description
36  
37  Section 5. An individual's particular professional responsibilities shall be assigned in
38  accordance with the departmental or unit policy. Assignments shall reflect:
39  
40  (a) The instruction, research, and service needs of the university and its departments,
41  institutes, centers and other academic units;
  42
43  (b) The bargaining unit member’s qualifications and expertise and potential to
44  acquire the appropriate expertise;
45
46  (c) The bargaining unit member’s evolving professional interests;
47  (d) Generally accepted practices in the field; and
48
49  (e) A realistic balance of duties consistent with the criteria for review.
26

  1
Section 6. The Provost or designee shall be responsible for the 2  scheduling and assignment
3  of all bargaining unit faculty members’ professional responsibilities. A bargaining unit
4  faculty member shall be afforded the opportunity to meet with his or her dean, director or
5  designee at least annually, before responsibilities are assigned, to discuss the bargaining
6  unit faculty member’s preferences regarding assignments for teaching, research, service
7  and other professional responsibilities as set forth in this Article, and the member’s
8  anticipated resource needs.
9  
10  The Provost or designee may modify scheduled assignments, provided that the department
11  or unit head discusses changes with the faculty member before they are made and that
12  changes are not made for arbitrary or capricious reasons.
13  
14  Faculty members may request to adjust schedules or assignments.
15  
16  Section 7. Each bargaining unit faculty member must be fully engaged in teaching,
17  research, and service work for the university to the extent of his or her appointment, and
18  must be engaged in work or reasonably available for work for the entirety of the term for
19  which the bargaining unit member is employed unless on approved leave.
20  
21  Section 8. An overload assignment is (1) an assignment that is in addition to the
22  bargaining unit faculty member’s regular assignment and FTE status; (2) a one time or
23  limited assignment, made or approved by the Provost or designee, that is in addition to or
24  different from regular or usual assignments for the member’s classification and rank; or (3)
25  assignments unrelated to the bargaining unit member’s primary job responsibilities.
26  
27  Section 9. Overload appointments, except those listed in Section 10, will be assigned an
28  FTE percentage commensurate with normal workload duties and compensated
29  accordingly. Faculty may request that overload compensation take the form of class
30  release. No bargaining unit faculty member may be disciplined or terminated for refusing
31  an overload assignment.
32
33  Section 10. The following programs rely on alternative compensation models in order to
34  be financially viable and, therefore, any overload assignments in these programs may be
35  compensated through a lump sum in an amount to be agreed upon by the University and
36  the bargaining unit member:
37
38  (a) IntroDucktion
39  (b) Freshman Seminar
40  (c) College Scholars
41  (d) College Advising
42  (e) First-year Interest Groups (FIGs)
43  (f) General Education Renaissance
44  (g) Rutherford Initiative
45  (h) Oregon Executive MBA Program (OEMBA)
46  (i) Humanities Program
47  (j) Academic Extension
48  (k) International Student Orientation
27

1  (l) Sports Product Management Program
2  (m) Study Abroad
3  (n) Honors College Seminars
4  (o) Insight Seminars
5  (p) Academic Residential Communities (ARC)
6  (q) Short Executive Seminars
7  (r) Any one-day seminars, workshops, or similar one-day programs
8
9  Other programs or activities may be compensated with a lump sum upon mutual
10  agreement between the University and the Union.
11  
12  Section 11. Appointments for which compensation is paid, in whole or in part, with
13  federal funds may be ineligible for overload appointment or compensation.
14
15
16  ARTICLE 18. SUMMER SESSION APPOINTMENTS AND ASSIGNMENTS
17
18  Section 1. Every unit will have a policy for the appointment, professional
19  responsibilities, course cancelation and compensation for Summer Session work.
20
21  The colleges or schools will provide language to be included in every policy governing
22  compensation, appointments, and budgeting surrounding Summer Session. The
23  language shall include the University of Oregon summer payroll practices guidelines
24  developed in November 2014. The college or school language will be reviewed and
25  edited by a review committee made up of three University representatives and three
26  Union representatives before being forwarded to departments or units. Final department
27  policies will be approved by the Dean’s office.
28
29  Policies will be made available to faculty no later than May 1, 2016, and will become
30  effective Summer Session 2017.
31
32  Deans and faculty may initiate changes to unit level Summer Session policies pursuant
33  to Article 4.
34  
35  Section 2. Summer appointments for those on academic year appointments are in
36  addition to the academic year contract. Summer Session appointments may include
37  Coordinator of Summer Session or other similar appointments.
38  
39  Section 3. An offer of a Summer Session appointment will be made at least five weeks
40  prior to the beginning of the appointment, whenever feasible.
41
42  Section 4. Except for faculty who meet the requirements listed in Section 5, a
43  bargaining unit faculty member on an academic year appointment is not required to
44  accept a Summer Session appointment, and will not be subject to discrimination and/or
45  retaliation for declining a Summer Session appointment.
46  
47  Section 5. A bargaining unit faculty member may be required to accept a Summer Session
48  appointments as a condition of a 9-month appointment in programs or departments where
28

there is a past practice of 1  such Summer Session requirements.
2
3  If a bargaining unit faculty member is required to accept a Summer Session appointment,
4  the terms and conditions of the Summer Session appointment will be specified at the time
5  of the 9-month appointment in accordance with Article 16.
6
7  Required Summer Session assignments will be assigned an FTE percentage commensurate
8  with normal workload duties and compensated at the bargaining unit faculty member’s
9  normal base salary.
10
11  Section 6. The department or unit head may cancel a scheduled class or reassign a
12  bargaining unit faculty member based on faculty expertise; student demand; unit, school,
13  college, or university needs; and in accordance with approved policies. In the event that a
14  course is cancelled, the department or unit will attempt to appoint the bargaining unit
15  faculty member to a new assignment.
16  
17  
18  ARTICLE 19. NON-TENURE TRACK FACULTY (NTTF) REVIEW AND
19  PROMOTION
20  
21  Section 1. Reviews for Career NTTF will include: (1) regular reviews associated with
22  contract renewal; and (2) promotion reviews. If a bargaining unit faculty member seeks
23  promotion in a year when a contract review is due, only a single review must be
24  completed. The decision on whether to promote and the decision on whether to renew,
25  however, must be made independently.
26  
27  Section 2. Policies and Procedures. The faculty in each department or unit that employs
28  NTTF will develop written procedures and criteria for NTTF, which must comport with
29  the general guidelines in Section 4 of this Article. Each department’s or unit’s promotion
30  process will include a promotion review committee which should include tenure-track and
31  tenured faculty and, where possible, NTTF at or above the rank sought by the candidate.
32  Each policy will include a process for reviewing the performance of any adjuncts
33  employed by the department or unit. Each policy will also address whether internal and/or
34  external reviewers will be included in the review and promotion process and how internal
35  and/or external reviews will be conducted. If reviewers external to the unit or university
36  are included, they should be reviewers who can present a knowledgeable and objective
37  evaluation of the candidate and his or her qualifications. Internal and/or external reviewers
38  must be asked to base their evaluation and judgment on the criteria in use by the academic
39  department or program.
40  
41  The faculty in each department or unit will begin the process of developing a written
42  policy setting forth the procedures and criteria for NTTF review and promotion, by first
43  considering any input provided by the department or unit head, dean, vice president,
44  Provost, or designee. The faculty will submit their recommended policy to the appropriate
45  dean, unit head, or designee for review. The dean, unit head, or designee will document
46  and discuss any revisions he or she makes to the policy with the faculty before submitting
47  his or her recommended policy to Academic Affairs or the Vice President for Research
48  and Innovation, as appropriate, who will have final authority to establish the policy for
49  each department or unit. If the dean, unit head or Academic Affairs or the Vice President
29

for Research and Innovation materially alters the faculty-recommended pol 1  icy, he or she
2  will provide a written explanation for the change(s) to the faculty in the department or unit.
3  The department or unit head, dean, vice president, Provost, or designee may initiate
4  changes to established policies by informing the appropriate faculty of the change being
5  considered, thereby initiating the process described in this Section.
6  
7  The procedures and criteria for review and promotion must be made available to
8  bargaining unit faculty members upon request, and published on the Academic Affairs or
9  Research and Innovation website and in the department or unit. If procedures or criteria
10  change during the course of an NTTF bargaining unit member’s employment, the
11  bargaining unit faculty member may elect between current criteria and those in effect
12  during the six years prior to the initiation of a given review or promotion process.
13
14  Reviews Associated with Contract Renewal for Career NTTF
15  
16  Section 3. Sections 3 through 5 apply to contract reviews for Career NTTF. Reviews for
17  Career NTTF are for the purpose of determining if the NTTF member is meeting the
18  standard of excellence appropriate to a major research university. They should be
19  designed to help the NTTF bargaining unit members grow as scholars, researchers and
20  educators, identify areas of strength, and identify areas that need improvement.
21  
22  Section 4. While the details and structure of reviews are the responsibility of the
23  University, reviews must follow these general guidelines:
24  
25  (a) Career NTTF must be reviewed in each contract period prior to consideration for
26  renewal or once every three academic or fiscal years of employment, whichever is
27  sooner. In the event a bargaining unit member has multiple contracts in a year,
28  only one review per fiscal or academic year will be required. The review will
29  consider the Career NTTF bargaining unit faculty member’s performance since the
30  last review.
31  
32  (b) For instructional Career NTTF, student course evaluations will be offered for all
33  courses with five or more students. The evaluation of teaching will include a
34  review of evaluations for each course taught. Career NTTF bargaining unit
35  members are expected to undergo at least one peer review of teaching per contract
36  period. The department or unit will identify the standards to be applied to these
37  reviews and will establish a time frame for notification to the Career NTTF
38  bargaining unit faculty member before a peer review is conducted.
39  
40  (c) Career NTTF in research appointments will be reviewed by established
41  procedures to assess the quality of work performed and the outcomes of their
42  contributions to the research program.
43  
44  (d) Librarians will be reviewed for demonstrated achievement in their professional
45  roles in the Library.
46  
47  (e) To the extent applicable, the evaluation of scholarship, research, and creative
48  activity will include an assessment of work quality, impact on the field nationally
49  and internationally, and overall contribution to the discipline or program.
30

1  
2  (f) The review process will include an opportunity for the Career NTTF bargaining
3  unit faculty member to discuss his or her efforts and performance with an
4  appropriate supervisor at least once during each contract period.
5  
6  (g) As part of each contract review, a Career NTTF will have an opportunity to
7  submit a personal statement containing information relevant to his or her
8  performance of assigned duties and responsibilities.
9  
10  (h) In evaluating the performance of required professional development activities, the
11  review will consider the availability of professional development funds,
12  opportunities for professional development, and the Career NTTF bargaining unit
13  faculty member’s efforts to secure funding.
14  
15  (i) Career NTTF bargaining unit faculty members will be evaluated only by the
16  criteria approved and made available to the faculty member.
17  
18  Promotion Reviews for Career NTTF
19  
20  Section 5. Eligibility for Promotion. Career NTTF will be eligible for promotion after
21  accumulating six years of employment as a faculty member at or above .3 annualized FTE
22  per year, accrued at no greater than three terms per academic year for bargaining unit
23  faculty on nine month contracts, and at four terms per year for bargaining unit faculty on
24  12-month contracts.
25
26  The six years of employment do not have to be consecutive.
27
28  Career NTTF who will have completed five years of employment as a faculty member at
29  or above .3 annualized FTE per year may initiate the promotion process in the Spring term
30  of the fifth year if they have an expected appointment of .3 annualized FTE or greater for
31  the sixth year.
32
33  Career NTTF who have completed more than five years of employment as a faculty
34  member at or above 0.3 annualized FTE per year may intitiate the promotion process in the
35  Spring term of any year.
36  
37  Section 6. “Up or Out.” For all Career NTTF bargaining unit members other than
38  librarians, promotion is elective and does not involve an “up or out” decision. Career
39  NTTF who do not wish to be considered for promotion may continue employment at their
40  current rank as long as eligible to do so under Article 16, Contracts. Librarians must
41  undergo review for promotion to associate librarian at the first time they become eligible.
42  If promotion is denied, the librarian will receive a two-year contract, and must come up for
43  promotion again in the second year. If promotion is denied a second time, the librarian
44  will receive a one-year terminal appointment. Promotion from associate librarian to senior
45  librarian is elective.
46  
47  Section 7. Accelerated Review. An accelerated promotion review may occur in
48  particularly meritorious cases as determined by the Provost or designee in consultation
49  with the appropriate vice president, dean, department or unit head, and affected
31

bargaining 1  unit faculty member.
2  
3  Section 8. Credit for Prior Service. When credit for prior service is agreed upon, the
4  terms of hire will state the number of years of credit granted and the earliest date for
5  promotion eligibility. Teaching, scholarship, research, and creative activity completed
6  by the bargaining unit faculty member during the period of prior service will receive
7  full consideration during the promotion process if the bargaining unit member elects
8  the earliest date for promotion review. Should a bargaining unit member who received
9  credit for prior service at the time of hire choose to delay the review until completing
10  the required six years at the University of Oregon, teaching, scholarship, research, and
11  creative activity completed prior to arrival at the university will be of secondary
12  consideration during the promotion process. Should the bargaining unit faculty
13  member choose to use some, but not all of the credit for prior service, the focus of the
14  review of teaching, scholarship, research, and creative activity will adjust appropriately
15  so that, for example, four years at the University of Oregon would mean that at most
16  two years of prior service will receive full consideration.
17  
18  Section 9. Joint Appointments. A joint appointment is one appointment that spans two
19  or more units. For NTTF bargaining unit members holding joint appointments, a
20  memorandum will be completed at the time of hire or assignment specifying expectations
21  for promotion review and identifying how the promotion process will be handled among
22  the units. Such memorandum is not valid unless approved in writing by the bargaining
23  unit faculty member and the Provost or designee.
24
25  Section 10. Multiple Appointments. A multiple appointment describes when a
26  bargaining unit faculty member has separate appointments in two or more units. For
27  NTTF bargaining unit members holding multiple Career appointments, a memorandum
28  will be completed at the time of a second or subsequent hire or assignment specifying
29  expectations for promotion review and identifying how the promotion process will be
30  handled among the units. Such memorandum is not valid unless approved in writing by
31  the bargaining unit faculty member and the Provost or designee.
32  
33  Promotion Process for All Career NTTF except for those in the Research Assistant
34  and Research Associate Categories
35
36  Section 11. Initiating the Promotion Process. Candidates wishing to be considered for
37  promotion should notify the appropriate department or unit head in the Spring term prior
38  to the year when promotion is sought, and must provide the following:
39  
40  • Curriculum vitae: A comprehensive and current curriculum vitae that includes
41  the bargaining unit faculty member’s current research, scholarly and creative
42  activities and accomplishments, including publications, appointments,
43  presentations, and similar activities and accomplishments.
44  
45  • Personal statement: A 2-6 page personal statement developed by the bargaining
46  unit faculty member evaluating his or her performance measured against the
47  applicable criteria for promotion. The personal statement should expressly
48  address the subjects of teaching; scholarship, research and creative activity; and
49  service contributions to the academic department, center or institute, school or
32

college, university, profession, and the community. The 1  statement should also
2  include discussion of contributions to institutional equity and inclusion.
3  
4  • Teaching portfolio (if applicable): Representative examples of course syllabi or
5  equivalent descriptions of course content and instructional expectations for
6  courses taught by the bargaining unit faculty member, examples of student work
7  and exams, and similar material.
8  
9  • Scholarship portfolio (if applicable): A comprehensive portfolio of scholarship,
10  research and creative activity; and appropriate evidence of national or
11  international recognition or impact.
12  
13  • Service portfolio (if applicable): Evidence of the bargaining unit faculty
14  member’s service contributions to his or her academic department, center or
15  institute, school or college, university, profession, and the community, such as op
16  ed pieces, white papers authored or co-authored by the faculty member,
17  commendations, awards, or letters of appreciation. The portfolio may also
18  include a short narrative elaborating on the faculty member’s unique service
19  experiences or obligations.
20  
21  • Professional activities portfolio (if applicable): A comprehensive portfolio of
22  professional or consulting activities related to his or her discipline.
23  
24  • Internal and/or external reviewers (if applicable): A list of qualified
25  internal and/or external reviewers provided by the bargaining unit faculty
26  member.
27  
28  Section 12. Waiver of Access to Materials. Bargaining unit faculty members may choose
29  to waive in advance in writing their access to see any or all of the evaluative materials (see
30  Article 8, Personnel Files). Such waivers, however, shall not preclude the use of redacted
31  versions of these documents in a denial review process. The redacted versions are intended
32  to protect the identity of the reviewer. If redactions are insufficient to do so, the University
33  may prepare a suitable summary. A waiver will be included in the promotion file.
34  
35  Section 13. Notice of Meetings. A bargaining unit faculty member will receive at least
36  three days’ notice of any meeting or hearing which the member is invited or required to
37  attend, with a dean or the Provost or designee regarding recommendations or decisions on
38  promotion. The bargaining unit faculty member may have a colleague or Union
39  representative present at the meeting as an observer.
40  
41  Section 14. Evaluation file. The promotion review file should generally include the
42  following information:
43  
44  • Statement of duties and responsibilities
45  • Curriculum vitae
46  • Conditions of appointment
47  • Criteria for promotion
48  • Personal statement
33

• Supervisors’ l 1  etters of evaluation
2  • Professional activities portfolio (if applicable)
3  • Teaching portfolio (if applicable)
4  • Scholarship portfolio (if applicable)
5  • Service portfolio (if applicable)
6  • Internal and/or external reviews (if applicable)
7  • Department or unit committee recommendation
8  • Department, unit, center or institute head’s recommendation (if applicable)
9  • Vice president’s, dean’s or director’s recommendation
10  • Waiver of access to materials (if applicable)
11  
12  Section 15. Review by Department or Unit. The department or unit head or designee
13  should solicit any internal and/or external reviews, as applicable. A department or unit
14  committee will review the file and make a recommendation to the department or unit
15  head. The department or unit head will then prepare an explanation of the merits of the
16  promotion case and a recommendation on the case. The report will include the
17  department or unit-level promotion committee report and recommendation and a voting
18  summary, and the department or unit head’s own independent recommendation. The file
19  will then be sent to the appropriate vice president, dean or director for review.
20  
21  Section 16. Review by Vice President, Dean or Director. The vice president, dean, or
22  director, as appropriate, will review the file, and may consult with appropriate persons and
23  may ask for and document additional non-confidential information. Once the vice
24  president, dean, or director deems the file complete, he or she will prepare a separate
25  memorandum and recommendation. The vice president, dean, or director will share his or
26  her memorandum and recommendation with the candidate and allow him or her 10 days
27  from the date of receipt of the memorandum to provide responsive material or
28  information, which shall be included in the evaluation file. The vice president, dean, or
29  director then will submit the complete evaluation file to the Provost or designee.
30  
31  Section 17. Review by the Provost or Designee. The Provost or designee will review the
32  file, with input from Academic Affairs and the Office of the Vice President for Research
33  and Innovation, as appropriate, and decide whether to grant or deny promotion. The
34  candidate will be notified of the decision in writing.
35  
36  Section 18. Assumption of New Rank. Successful candidates for promotion will assume
37  their new rank beginning with the next academic or fiscal year or the nearest next term of
38  employment should their contract not begin with fall term.
39
40  Promotion Process for Research Assistant and Research Associate Series
41
42  Section 19. Initiating the Promotion Process for Faculty in the Research Assistant
43  and Research Associates Categories. Candidates wishing to be considered for
44  promotion should notify the appropriate department or unit head in the Spring term prior
45  to the year when promotion is sought, and must provide the following:
46  
47  • Curriculum vitae or resume: A comprehensive and current curriculum vitae
48  or resume that includes the bargaining unit faculty member’s current research,
34

scholarly and creative activities and accomplishments, i 1  ncluding publications,
2  appointments, presentations, and similar activities and accomplishments.
3  
4  • Personal statement: A 2-6 page personal statement developed by the bargaining
5  unit faculty member evaluating his or her performance measured against the
6  applicable criteria for promotion. The personal statement should expressly
7  address his or her impact and contribution to research excellence relative to their
8  job duties. This statement should also include discussion of contributions to
9  institutional equity and inclusion.
10
11  • Scholarship portfolio (if applicable): A comprehensive portfolio of scholarship,
12  research and creative activity; and appropriate evidence of national or
13  international recognition or impact.
14
15  • Service portfolio (if applicable): Evidence of the bargaining unit faculty
16  member’s service contributions to his or her academic department, center or
17  institute, school or college, university, profession, and the community, such as op
18  ed pieces, white papers authored or co-authored by the faculty member,
19  commendations, awards, or letters of appreciation. The portfolio may also
20  include a short narrative elaborating on the faculty member’s unique service
21  experiences or obligations.
22  
23  • Professional activities portfolio (if applicable): A comprehensive portfolio of
24  professional or consulting activities related to his or her discipline.
25  
26  • List of reviewers (if applicable): A list of qualified internal and/or
27  external reviewers provided by the bargaining unit faculty member.
28  Normally, external reviews are not expected for those in the research
29  assistant ranks.
30  
31  Section 20. Waiver of Access to Materials. Bargaining unit faculty members may choose
32  to waive in advance in writing their access to see any or all of the evaluative materials (see
33  Article 8, Personnel Files). Such waivers, however, shall not preclude the use of redacted
34  versions of these documents in a denial review process. The redacted versions are intended
35  to protect the identity of the reviewer. If redactions are insufficient to do so, the University
36  may prepare a suitable summary. A waiver will be included in the promotion file.
37  
38  Section 21. Notice of Meetings. A bargaining unit faculty member will receive at least
39  three days’ notice of any meeting or hearing which the member is invited or required to
40  attend, with a dean or the Provost or designee regarding recommendations or decisions on
41  promotion. The bargaining unit faculty member may have a colleague or Union
42  representative present at the meeting as an observer.
43  
44  Section 22. Evaluation file. The promotion review file should generally include the
45  following information:
46  
47  • Statement of duties and responsibilities
48  • Curriculum vitae
35

• Conditions of appointment 1  (i.e. copy of a current contract)
2  • Criteria for promotion
3  • Personal statement
4  • Supervisors’ letters of evaluation
5  • Professional Activities Portfolio (if applicable)
6  • Scholarship Portfolio (if applicable)
7  • Service Portfolio (if applicable)
8  • Internal and/or external reviews (if applicable)
9  • Department, unit, center or institute head’s recommendation
10  • Vice president’s, dean’s or director’s recommendation
11  • Waiver of access to materials (if applicable)
12  
13  Section 23. Review by Department Head or Unit Director or Manager. The
14  department or unit head or designee should solicit any internal and/or external reviews,
15  as applicable. The department or unit head will then review the file, including any
16  internal or external reviews, and prepare a recommendation and an explanation of the
17  merits of the promotion case. The file will then be sent to the appropriate vice president
18  or dean for review. In the event that the unit head is the faculty member’s
19  supervisor/director/manager, the supervisor letter of evaluation and the unit head review
20  may be combined into a single recommendation.
21  
22  Section 24. Review by Vice President, Dean or Director. The vice president or dean, as
23  appropriate, will review the file, and may consult with appropriate persons and may ask
24  for and document additional non-confidential information. Once the vice president or
25  dean deems the file complete, he or she will prepare a separate memorandum with a
26  recommendation. The vice president or dean will share his or her memorandum and
27  recommendation with the candidate and allow him or her 10 days from the date of receipt
28  of the report to provide responsive material or information, which shall be included in the
29  evaluation file. The vice president or dean director then will submit the complete
30  evaluation file to the Provost or designee.
31  
32  Section 25. Review by the Provost or Designee. The Provost or designee will review the
33  file, with input from Academic Affairs and the Office of the Vice President for Research
34  and Innovation, as appropriate, and decide whether to grant or deny promotion. The
35  candidate will be notified of the decision in writing.
36  
37  Section 26. Assumption of New Rank. Successful candidates for promotion will assume
38  their new rank beginning with the fiscal year or with the next contract renewal after
39  notification by the Provost of their promotion, whichever comes first.
40
41  Reapplication, Appeals, and Withdrawal
42
43  Section 27. Reapplication for Promotion. An unsuccessful candidate for promotion
44  may continue employment at his or her current rank as long as eligible to do so under this
45  Agreement NTTF bargaining unit members who are denied promotion may reapply for
46  promotion after having been employed by the university for an additional three years at an
47  average of .4 FTE or greater, accrued at no greater than three terms per academic year.
48  
36

Section 28. Appeal of Promotion Denial. Faculty who are 1  denied promotion may appeal
2  the decision through the procedures in Article 21, Tenure and Promotion Denial Appeal.
3  
4  Section 29. Withdrawal of Application. A candidate may withdraw an application for
5  promotion in writing to the Provost and the dean at any time before the Provost’s
6  decision.
7  
8  ARTICLE 20. TENURE REVIEW AND PROMOTION
9  
10  Section 1. This Article applies only to bargaining unit faculty members in the Tenure-
11  Track and Tenured Professor classifications. Tenure is in the University, and not in a
12  college, school, department, program or discipline. The award of tenure requires an
13  express grant by the Provost communicated in writing to the bargaining unit faculty
14  member and signed by the Provost. There is no de facto tenure. Tenure means that the
15  bargaining unit faculty member’s employment may be terminated only for cause (Article
16  24), or in case of program eliminations or reductions (Article 25).
17
18  Section 2. Eligibility for tenure review. Except as authorized in writing by the Provost
19  or designee, a bargaining unit faculty member is entitled to a decision on tenure only after
20  six consecutive academic or fiscal years of employment at 1.0 FTE per year or the
21  equivalent of consecutive part time employment at or above .5 FTE per year. An
22  appointment is considered consecutive even if interrupted by one or more approved leaves
23  of absence. The period of an approved leave of absence does not count toward
24  consideration for tenure unless the bargaining unit faculty member elects otherwise.
25
26  Tenure and Promotion Criteria
27
28  Section 3. The University follows the same general timetable, process, and standards of
29  performance for evaluation and promotion as do many other public research universities,
30  particularly AAU institutions. The University also considers AAUP guidelines for tenure
31  review and promotion.
32
33  The tenured faculty in each department or unit will begin the process of developing a
34  written policy setting forth tenure and promotion criteria that are consistent with
35  university-wide criteria, by first considering any input provided by the department or unit
36  head, dean, vice president, Provost, or designee. The faculty will submit their
37  recommended policy to the appropriate dean, vice president, or designee for review. The
38  dean, vice president, or designee will document and discuss any revisions he or she makes
39  to the policy with the faculty before submitting his or her recommended policy to the
40  Provost or designee. The Provost or designee will have final authority to establish the
41  policy for each department or unit. If the dean, vice president, Provost or designee
42  materially alters the faculty-recommended policy, he or she will provide a written
43  explanation for the change(s) to the faculty in the department or unit. The department or
44  unit head, dean, vice president, Provost, or designee may initiate changes to established
45  policies by informing the appropriate faculty of the change being considered, thereby
46  initiating the process described in this Section.
47
48  Section 4. Each department’s or unit’s promotion and tenure criteria are intended to be
49  consistent with those of other major research universities and shall include expectations,
37

including the proportional weights, for each of the following, 1  as defined by each
2  department or unit:
3
4  a) Sustained high-quality, innovative scholarship in the faculty member’s discipline,
5  demonstrated through a record of concrete, accumulated research or creative
6  activity;
7
8  b) Effective, stimulating teaching in courses taught and in contributions to ensuring
9  academic success for undergraduate and graduate students, as applicable;
10
11  c) On-going, responsible service and leadership to the faculty member’s students
12  and department, the university, the community, and the faculty member’s
13  professional discipline more broadly.
14
15  These criteria will be available on the Academic Affairs website and in the department or
16  unit.
17
18  Reviews
19
20  Section 5. Reviews for bargaining unit faculty members in the Tenure-Track and
21  Tenured Professor classification will consist of (1) annual reviews for faculty not holding
22  tenure; (2) mid-term reviews between appointment and tenure review for the faculty
23  without tenure; (3) tenure and promotion review; (4) three-year post-tenure reviews for
24  tenured faculty in the third year following a tenure or promotion decision or following a
25  sixth-year post-tenure review; (5) promotion-to-full-professor review for tenured faculty in
26  their sixth year or later after receiving tenure; and (6) sixth-year post-tenure review for
27  tenured faculty in their sixth year following a tenure and/or promotion decision or
28  following a previous sixth-year review.
29
30  Section 6. Annual Reviews. Each tenure-track bargaining unit faculty member who has
31  not received tenure and is not in the process of a tenure review will have an annual
32  review conducted by the department or unit head or designee. These annual reviews
33  provide an opportunity to evaluate the tenure-track bargaining unit faculty member’s
34  performance and offer an opportunity to address problems and to support faculty
35  members in their progress toward the mid-term and tenure reviews.
36
37  Mid-Term Reviews
38
39  Section 7. Timing. Each bargaining unit faculty member in the tenured and tenure-track
40  classification who has not received tenure will have a mid-term review approximately half
41  way between appointment and eligibility for tenure. The timing of this review generally
42  will be established at the time of appointment, in that this review will usually take place
43  during the last year of the bargaining unit faculty member’s initial contract. A successful
44  review is one prerequisite for contract renewal. Review decisions will be made and
45  communicated at least one month before the end of the initial contract.
46
47  Section 8. Initiating the Mid-Term Review. To initiate the mid-term review process,
48  the department or unit head or designee will contact the bargaining unit faculty member
49  during the fall term of the year in which the review will take place and request the
38

1  following:
2
3  • Election of Criteria: The criteria the bargaining unit faculty member chooses
4  to be reviewed under, if there has been a change in criteria since the time of
5  hire, as per Section 29.
6
7  • Curriculum vitae: A comprehensive and current curriculum vitae that includes
8  the faculty member’s current research, scholarly and creative activities and
9  accomplishments, including publications, appointments, presentations, and similar
10  activities and accomplishments.
11
12  • Scholarship portfolio: A comprehensive portfolio of scholarship, research and
13  creative activity; and appropriate evidence of national or international recognition
14  or impact.
15
16  • Personal statement: A 3-6 page personal statement developed by the bargaining
17  unit faculty member evaluating his or her performance measured against the
18  applicable criteria for tenure and promotion. The personal statement should
19  expressly address the subjects of teaching; scholarship, research, and creative
20  activity; and service contributions to the academic department, center or institute,
21  school or college, university, profession, and the community. The statement
22  should also include discussion of contributions to institutional equity and
23  inclusion.
24
25  • Teaching portfolio: Representative examples of course syllabi or equivalent
26  descriptions of course content and instructional expectations for courses taught by
27  the bargaining unit faculty member, examples of student work and exams, and
28  similar material.
29
30  • Service portfolio: Evidence of the bargaining unit faculty member’s service
31  contributions to his or her academic department, center or institute, school or
32  college, university, profession, and the community. Such evidence could include
33  white papers authored or co-authored by the faculty member, commendations,
34  awards, op ed pieces, and/or letters of appreciation. The portfolio should also
35  include a short statement on the faculty member’s unique service experiences or
36  obligations.
37
38  Section 9. Department or Unit Head’s Role: The department or unit head will obtain
39  and place in the evaluation file copies of summary reports from the student evaluation
40  process. The file must also include a recent peer evaluation of the bargaining unit faculty
41  member’s teaching. Once the department or unit head has obtained all of the appropriate
42  documents and information, he or she will establish a committee of tenured faculty and
43  provide the committee with access to the documents and information. The department or
44  unit head will then:
45
46  a) Obtain a report from the faculty committee including an assessment of the
47  bargaining unit faculty member’s progress toward tenure and promotion;
48  and
49
39

b) Prepare his or her own evaluation of the bargaining 1  unit member’s progress
2  toward tenure and promotion; and
3
4  c) Provide the department or unit head’s report to the bargaining unit faculty
5  member and allow the faculty member 10 days from the date of the receipt of the
6  report to provide responsive material or information, which shall be included in
7  the evaluation file; and
8
9  d) Submit the evaluation file to the appropriate dean.
10
11  If a department or unit has or develops a policy or practice of providing the report of the
12  faculty committee to the bargaining unit faculty member, the department or unit head shall
13  do so.
14
15  Section 10. Dean’s Role. The dean will review the file and may consult with appropriate
16  persons and may obtain and document additional relevant information. Once the dean
17  deems the file complete, he or she will prepare a separate report and recommendation.
18  The dean will share his or her report and recommendation with the bargaining unit faculty
19  member and allow the faculty member 10 days from the date of receipt of the report to
20  provide responsive material or information, which shall be included in the evaluation file.
21  The dean then will submit a summary report including dean’s recommendation,
22  department head’s recommendation, faculty committee report, and faculty member’s
23  curriculum vitae, statement, and responsive material or information to the Provost or
24  designee.
25
26  Section 11. Provost’s Role. The Provost or designee will consider the cumulative
27  recommendations received from department faculty, the department or unit head, and the
28  dean, and then will decide the terms and duration of any subsequent appointment of the
29  bargaining unit faculty member. Upon Provost review, the summary report will be placed
30  in the faculty member’s departmental or college personnel file.
31
32  Tenure Review Process
33
34  Section 12. Initiating the Tenure Review Process. To initiate the tenure review process,
35  the department or unit head will contact the bargaining unit faculty member no later than
36  winter term of the year preceding the year in which a tenure decision is required and
37  request the following:
38
39  • Election of Criteria: The criteria the bargaining unit faculty member chooses
40  to be reviewed under, if there has been a change in criteria since the time of
41  hire, as per Section 30.
42
43  • Curriculum vitae: A comprehensive and current curriculum vitae that includes
44  the faculty member’s current research, scholarly and creative activities and
45  accomplishments, including publications, appointments, presentations, and similar
46  activities and accomplishments.
47
48  • Scholarship portfolio: A comprehensive portfolio of scholarship, research and
49  creative activity; and appropriate evidence of national or international recognition
40

1  or impact.
2
3  • Personal statement: A 3-6 page personal statement developed by the bargaining
4  unit faculty member evaluating his or her performance measured against the
5  applicable criteria for tenure and promotion. The personal statement should
6  expressly address the subjects of teaching; scholarship, research, and creative
7  activity; and service contributions to the academic department, center or institute,
8  school or college, university, profession, and the community. The statement
9  should also include discussion of contributions to institutional equity and
10  inclusion.
11
12  • Teaching portfolio: Representative examples of course syllabi or equivalent
13  descriptions of course content and instructional expectations for courses taught by
14  the bargaining unit faculty member, examples of student work and exams, and
15  similar material.
16
17  • Service portfolio: Evidence of the bargaining unit faculty member’s service
18  contributions to his or her academic department, center or institute, school or
19  college, university, profession and the community. Such evidence could include
20  white papers authored or co-authored by the faculty member, commendations,
21  awards, op ed pieces, and/or letters of appreciation. The portfolio may also
22  include a short narrative elaborating on the faculty member’s unique service
23  experiences or obligations.
24
25  • External reviewers: A list of qualified outside reviewers provided by the
26  bargaining unit faculty member.
27
28  Section 13. Schedule for Review of Tenure and Promotion Files. The Provost or
29  designee will establish a schedule for the compilation and review of tenure and
30  promotion files. If the bargaining unit faculty member fails to comply with the timeline
31  established by the Provost for submission of materials, the department or unit head will
32  notify the faculty member of the missed deadline by university email and the primary
33  phone on record in the Banner system. If the faculty member does not respond within
34  14 days, tenure may be denied. If the faculty member responds within 14 days, the
35  department or unit head will establish a new deadline for submission of all materials.
36
37  The new deadline must allow the University adequate time to complete the tenure review
38  process by June 15. If the faculty member misses the new deadline, tenure will be denied.
39
40  Section 14. External reviews. The department or unit head will prepare a list of qualified
41  external reviewers, with input from the department or unit faculty eligible to vote on a
42  tenure and promotion case. The department or unit head will select a majority of the
43  external reviewers, but the department or unit head’s primary responsibility is to obtain the
44  best judgments from the most highly qualified experts in the appropriate areas. Most, if
45  not all, of the external reviewers should be at the rank for which the candidate is being
46  considered or above (i.e., associate professor or professor for tenure and promotion to
47  associate professor; professor for promotion to professor). Reviewers generally should
48  come from comparable institutions or programs. The suggestions regarding rank and
49  affiliations of external reviewers apply to the majority of the reviewers and are not strict
41

prohibitions, so there is flexibility to meet particular circumstances. A 1  minimum of five
2  substantive external evaluations is required for a tenure case to move forward.
3
4  The department or unit head will recruit external reviewers from this list and provide
5  them with the candidate’s signed and dated curriculum vitae, signed and dated personal
6  statement, the candidate’s scholarship portfolio and the department’s or unit’s adopted
7  criteria for promotion and tenure.
8
9  Section 15. Faculty Review. The eligible faculty in the candidate’s department or unit,
10  or a personnel committee comprised of a subset of the eligible faculty (if the department’s
11  or unit’s internal policy specifies the creation of such committee), will review the file and
12  the external reviews, prepare a report, and vote. In cases where there are too few eligible
13  faculty members to form a review committee within the candidate’s department or unit,
14  the department or unit head will work with the appropriate dean to establish a committee
15  including appropriate faculty members from outside the department. A final vote will be
16  conducted by signed ballot, and the ballots will remain confidential to the extent
17  permitted by law.
18
19  Section 16. Review by Department or Unit Head, College or School Personnel
20  Committee and Dean. The department or unit head will prepare an independent report
21  and recommendation, and then forward the entire file to the appropriate dean. The file
22  then will be reviewed by a school- or college-level personnel committee appointed by a
23  process determined by the dean. The committee will prepare an independent report and
24  vote, and will forward the entire file to the dean. This step may be bypassed in schools or
25  colleges whose deans choose not to convene a personnel committee. The dean will then
26  prepare an independent report and recommendation, and then meet with the candidate to
27  discuss the case, review the recommendations made by the department committee,
28  department or unit head, and the school or college-level personnel committee (if
29  applicable), and the dean’s own recommendation. Upon request, the candidate will be
30  provided with a copy of the dean’s report that has been redacted in accordance with the
31  waiver status to protect personally identifiable information. The candidate may provide
32  responsive material for the file within 10 days of the meeting with the dean or the receipt
33  of the redacted report, whichever is later. The dean will then forward the entire file to the
34  Office of Academic Affairs.
35
36  Section 17. Provost’s Review of File. The Provost or designee will review the
37  promotion and tenure file for completeness and general presentation, and may request
38  additional information from the dean. The file forwarded to the Provost or designee
39  should include the following:
40
41  • Promotion and tenure checklist
42
43  • Voting summary
44
45  • Criteria for tenure and promotion
46
47  • Dean’s evaluation and recommendation
48
49  • School- or college-level personnel committee recommendation, where applicable
42

1
2  • Department or unit head’s evaluation and recommendation
3
4  • Department committee recommendation
5
6  • Letters of evaluation section, including:
7
8  o A single copy of each letter used to solicit an external review
9
10  o A list of the materials sent to the external reviewers
11
12  o A brief biographical sketch of each reviewer, including indication of any
13  relationship with the candidate and whether the reviewer was suggested by the
14  candidate
15
16  o The external letters of review
17
18  o Documentation of declinations to review (typically copies of email
19  notifications)
20
21  o Any internal letters of evaluation
22
23  • Curriculum vitae (signed and dated by the candidate), as seen by the external
24  reviewers. Updates may be provided by the candidate in the form of a list of
25  specific changes rather than as a full additional curriculum vitae
26
27  • Personal statement (signed and dated by the candidate), as seen by the external
28  reviewers
29
30  • Statement of waiver, partial waiver, or non-waiver (see Article 8, Personnel Files)
31
32  • Statement of duties and responsibilities
33
34  • Conditions of appointment, including a copy of the current notice of appointment
35  and any memoranda in the case of joint or multiple appointments
36
37  • Teaching evaluations, including:
38
39  o UO checklist for the evaluation of teaching
40
41  o List of all courses taught, including term, enrollment, and instructor and
42  department mean scores for required questions
43
44  o List of any/all teaching awards, including awards from the department, school
45  or college, university, and external sources
46
47  o List of all supervised dissertations, theses, and undergraduate honors papers
48
49  o Sample course evaluation questions
50
51  o Statistical summary page for each course taught
43

1
2  o Peer evaluations of teaching
3
4  • An index of supplementary binder material
5
6  • Additional materials deemed necessary or advisable by the dean or Provost or
7  designee
8
9  • A supplementary binder, which typically includes:
10
11  o Full curriculum vitae of each external reviewer, if provided
12
13  o Evidence of professional activities, including publications, as provided in the
14  Scholarship Portfolio
15
16  o Evidence of contributions to institutional equity and inclusion
17
18  o Signed written student evaluations of teaching
19
20  o A teaching portfolio, commonly including sample course materials such as
21  syllabi, exams, homework assignments, etc. This material should be
22  representative, not comprehensive, and may include other submissions, such
23  as electronic websites for courses and other presentations of teaching efforts
24  and innovations
25
26  o A service portfolio, commonly including evidence of the candidate’s service
27  contributions to his or her academic department, center or institute, school or
28  college, university, profession and the community. Such evidence could
29  include white papers authored or co-authored by the faculty member,
30  commendations, awards, op ed pieces, and/or letters of appreciation. The
31  portfolio may also include a short narrative elaborating on the faculty
32  member’s unique service experiences or obligations
33
34  Section 18. University Faculty Personnel Committee Review. After the Provost or
35  designee has reviewed the file and deemed it complete, the file is sent to the University
36  Faculty Personnel Committee. The committee will review the file, request additional
37  information from the Provost or designee if necessary, and then discuss and record a
38  vote by the name of each person voting. The committee will prepare a written summary
39  of its discussion which will include the outcome of the vote.
40
41  Section 19. Provost’s Decision. The Provost has plenary authority to award or deny
42  tenure. The candidate will be notified in writing of the Provost’s decision. The letter
43  accompanying the decision will contain an explanation of the reasons underlying the
44  Provost’s decision, if the decision is to deny tenure or promotion. A tenured appointment
45  may not be less than .50 FTE. If tenure is granted, the letter will include a statement
46  indicating the FTE of the tenured appointment. The letter will be placed in the candidate’s
47  personnel file. The foregoing does not preclude a subsequent written agreement between
48  the Provost or designee and the candidate adjusting the FTE of the appointment, so long as
49  the appointment is at least .50 FTE.
50
44

Successful candidates are granted tenure and assume their 1  new classification and rank at
2  the start of the next academic year, or sooner at the discretion of the Provost. Candidates
3  who are denied tenure will receive a notice of appointment which expires at the end of the
4  academic or fiscal year following the one in which the application for tenure was
5  submitted.
6
7  Section 20. Withdrawal of Application. A bargaining unit faculty member may
8  withdraw an application for tenure in writing to the provost and the dean at any time
9  before the Provost’s decision. Upon withdrawal, a bargaining unit faculty member will
10  receive a notice of appointment which expires at the end of the academic or fiscal year
11  following the one in which the application for tenure was submitted.
12
13
14  Promotion Review
15
16  Section 21. Promotion from Associate Professor to Professor. The process and
17  timelines for review and evaluation for promotion from associate professor to professor
18  are the same as those for promotion to associate professor and tenure, except:
19
20  (a) bargaining unit faculty members with tenure who are denied promotion from
21  associate professor to professor will remain employed at the associate professor
22  rank, and
23  (b) the election of criteria bargaining unit faculty members may choose to be reviewed
24  under, if there has been a change in criteria, is limited to the preceding six years.
25
26  Section 22. The criteria for promotion from associate professor to professor will be
27  developed as described in Sections 3-5 of this Article. Department or unit criteria for
28  promotion to professor must be consistent with the general principles stated in those
29  sections and must require that the candidate have engaged in significant service
30  demonstrating leadership and commitment both within and outside the candidate’s
31  department or unit.
32
33  General Provisions Related to the Tenure, Promotion, and Post-Tenure Review
34  Process
35
36  Section 23. Accelerated Review. An accelerated tenure review may occur in particularly
37  meritorious cases as determined by the Provost or designee in consultation with the
38  appropriate dean, department or unit head, and affected bargaining unit faculty member.
39
40  Section 24. Credit for Prior Service. When credit for prior service is agreed upon, the
41  terms of hire will state the number of years of credit granted, the earliest date for tenure
42  consideration, and the required date for tenure consideration. Scholarship, research,
43  creative activity, and teaching completed by the bargaining unit faculty member during
44  the period of prior service will receive full consideration during the promotion and
45  tenure process if the bargaining unit member elects the earliest date for tenure review.
46  Should a bargaining unit member who received credit for prior service at the time of hire
47  choose to delay the review for the full six years of full-time appointment at the
48  University of Oregon, teaching, scholarship, research, and creative activity completed
49  prior to arrival at the university will be of secondary consideration during the promotion
45

and tenure process. Should the bargaining unit faculty member 1  choose to use some, but
2  not all of the credit for prior service, the focus of the review of teaching, scholarship,
3  research, and creative activity will adjust appropriately so that, for example, four years
4  of full-time appointment at the University would mean that at most two years of prior
5  service will receive full consideration.
6
7  Section 25. Joint Appointments. For bargaining unit members holding multiple or joint
8  appointments, a memorandum will be completed at the time of hire or assignment
9  specifying expectations for promotion and tenure review and identifying how the tenure
10  and promotion process will be handled among the units. Such memorandum is not valid
11  unless approved in writing by the bargaining unit faculty member and the Provost or
12  designee.
13
14  Section 26. Notice of Meetings. A bargaining unit faculty member will receive at least
15  three days’ notice of any meeting or hearing which the member is invited or required to
16  attend with a dean or the Provost or designee regarding recommendations or decisions on
17  promotion or tenure. The bargaining unit faculty member may have a colleague or Union
18  representative present at the meeting as an observer.
19
20  Section 27. Waiver of Access to Materials. Bargaining unit members have the right
21  whether to waive in advance in writing their access to see any or all of the evaluative
22  materials (see Article 8, Personnel Files). The choice by the bargaining unit faculty
23  member to waive or not waive access to evaluative materials shall not be considered
24  during the evaluation process. Such waivers, however, shall not preclude the use of
25  redacted versions of these documents in a denial review process. The redacted versions are
26  intended to protect the identity of the reviewer.
27
28  Section 28. Stopping of the “Tenure Review Clock.” The “tenure review clock” may be
29  stopped in the following circumstances, at the bargaining unit faculty member’s discretion.
30  The bargaining unit faculty member must decide whether to opt to stop the tenure review
31  clock at the start of the leave or absence, or the tenure review clock will not be stopped
32  during the leave or absence. The bargaining unit faculty member, however, may later opt
33  to restore the period when the clock was stopped and may apply for tenure review at the
34  time the bargaining unit faculty member would have become eligible without the stopping
35  of the clock.
36
37  The tenure review clock may be stopped: (1) for one year upon the birth or adoption of a
38  child; (2) for up to two years for approved leaves of absence without pay lasting two or
39  more terms; or (3) in other extraordinary circumstances as approved by the Provost or
40  designee.
41
42  Section 29. Report to the Union. The University will send the Union an annual report of
43  all promotion and tenure decisions concerning bargaining unit faculty members in the
44  Tenure-Track and Tenured Professor classification made by the Provost during the
45  preceding academic year no later than the following September 1 and in accordance with
46  applicable confidentiality requirements.
47
48  Section 30. Criteria Changes. If criteria for review, promotion, and/or tenure change
49  during the course of a TTF bargaining unit faculty member’s employment, the bargaining
46

unit faculty member may elect among current criteria 1  and any in effect during the period of
2  time specified by the appropriate section of this Article prior to the initiation of a given
3  review or promotion process.
4
5  Post-Tenure Reviews
6
7  Section 31. The primary function of post-tenure review is faculty development. Post8
tenure review is not a process to reevaluate the award of tenure. The failure of a faculty
9  member to make substantial progress toward meeting the goals of a development plan
10  established through the post-tenure review process may be evidence of inadequate
11  performance. The post-tenure review process, however, may not be used to shift the
12  university’s burden of proof in a proceeding to terminate a tenured faculty member for
13  cause.
14
15  Section 32. Third-Year Review. Tenured bargaining unit faculty members will have an
16  interim review in the third year following promotion and a sixth-year major post-tenure
17  review. The three-year review is conducted jointly by the bargaining unit faculty member
18  and the appropriate department or unit head. As a result of the review, the department or
19  unit head will prepare a brief statement and share it with the bargaining unit faculty
20  member, who may respond in writing. The statement and any response will be placed in
21  the bargaining unit faculty member’s personnel file.
22
23  Section 33. Sixth-Year Review. Tenured bargaining unit faculty members will have a
24  review in the sixth year following a promotion or a sixth-year post-tenure review.
25
26  Section 34. Initiating the Sixth-Year Review. To initiate the review process, the
27  department head, unit head or designee will contact the bargaining unit faculty member
28  during the fall term of the year in which the review will take place and request the
29  following:
30
31  • Election of Criteria: The criteria the bargaining unit faculty member chooses
32  to be reviewed under, if there has been a change in criteria during the preceding
33  six years, as per Section 29.
34
35  • Curriculum vitae: A comprehensive and current curriculum vitae that includes
36  the faculty member’s current research, scholarly, and creative activities and
37  accomplishments, including publications, appointments, presentations and similar
38  activities.
39
40  • Personal statement: A 3-6 page personal statement developed by the bargaining
41  unit faculty member evaluating his or her performance measured against the
42  applicable criteria for tenure and promotion. The personal statement should
43  expressly address the subjects of teaching; scholarship, research, and creative
44  activity; and service contributions to the academic department, center or institute,
45  school or college, university, profession, and the community. The statement
46  should also include discussion of contributions to institutional equity and inclusion.
47
48  • Sabbatical portfolio: A report of the accomplishments and benefits resulting
49  from sabbatical, if applicable.
47

1
2  Section 35. Joint appointments. Tenured faculty members who hold joint appointments
3  will be reviewed by the primary unit. Input from appropriate reviewers (e.g., faculty, chair,
4  dean) of the secondary unit, including performance reviews, teaching evaluations, service
5  and research evaluations, must be considered by the primary unit as part of the review
6  process.
7
8  Section 36. Department or Unit Head’s Role. The department or unit head or designee
9  will obtain and place in the evaluation file copies of summary reports from the student
10  evaluation process. The file must also include a recent peer evaluation of the bargaining
11  unit faculty member’s teaching. Once the department or unit head has obtained all of the
12  appropriate documents and information, he or she will establish a committee of tenured
13  faculty members and provide the committee with access to the documents and
14  information. The department or unit head or designee will then:
15
16  a) Obtain a report from the faculty committee including an assessment of the
17  bargaining unit faculty member’s performance; and
18
19  b) Prepare his or her own evaluation of the bargaining unit faculty member’s
20  performance; and
21
22  c) Provide the department or unit head’s report to the bargaining unit faculty
23  member and allow him or her 10 days from the date of the receipt of the report
24  to provide responsive material or information, which shall be included in the
25  evaluation file; and
26
27  d) Submit the evaluation file to the appropriate dean.
28
29  If a department or unit has or develops a policy or practice of providing the report of the
30  faculty committee to the bargaining unit faculty member, the department or unit head shall
31  do so.
32
33  Section 37. Dean’s Role. The dean will review the file and may consult with appropriate
34  persons and may obtain and document additional relevant information. Once the dean
35  deems the file complete, he or she will prepare a separate report and recommendation. The
36  dean will share his or her report and recommendation with the bargaining unit faculty
37  member and allow him or her 10 days from the date of receipt of the report to provide
38  responsive material and information, which shall be included in the evaluation file. The
39  dean will then submit the complete evaluation file to the Provost or designee.
40
41  Section 38. Provost’s Role. The Provost or designee will consider the cumulative
42  evaluations received from the faculty committee, the department or unit head, and the
43  dean.
44
45  If the Provost or designee concludes that the bargaining unit faculty member’s overall
46  performance was in the highest category (e.g. exceeds expectations) then the bargaining
47  unit faculty member will receive at least an 8% increase to base salary, as per Article 26.
48
48

1  If the Provost or designee concludes that the bargaining unit faculty member’s overall
2  performance was in the second highest category (e.g. meets expectations), then the
3  bargaining unit faculty member will receive at least a 4% increase to base salary, as per
4  Article 26.
5
6  If the Provost or designee concludes that the bargaining unit faculty member’s overall
7  performance is unsatisfactory, the dean and the department or unit head shall consult
8  with the bargaining unit faculty member and recommend to the Provost a development
9  plan for demonstrable improvement. Such development plan should be implemented as
10  soon as practicable after a determination of unsatisfactory performance and have a goal
11  of reaching satisfactory performance by the next scheduled 3-year post-tenure review.
12
13
14  ARTICLE 21. APPEAL FROM THE DENIAL OF TENURE OR PROMOTION
15
16  Section 1. Scope of Article. This Article provides the only process through which a
17  bargaining unit faculty member may appeal a decision of the Provost to deny tenure or
18  promotion. No other grievance or appeal process shall apply, except for alleged
19  procedural violations, which shall be governed by Articles 22 and 23 of this Agreement.
20  
21  Section 2. Grounds for Appeal. A decision of the Provost to deny tenure or promotion
22  may be appealed only on the following grounds: (1) whether the Provost was presented
23  with errors of fact that materially affected his or her decision; (2) whether the Provost
24  disregarded or overlooked material evidence that was provided to him or her; (3) whether
25  material information was unavailable to reviewers through no fault of the candidate; and
26  (4) whether the Provost's decision was arbitrary or capricious.
27  
28  Section 3. Appeal Guidance. The Union and Academic Affairs will jointly be responsible
29  for providing all bargaining unit faculty members denied tenure or promotion with
30  information about the appeals process. Accordingly, bargaining unit faculty members, in
31  the written decision denying tenure or promotion, shall be notified of their right to seek
32  counsel from the Union. Upon a bargaining unit faculty member’s request, the Union shall
33  provide a representative to provide appropriate guidance through the appeal process.
34
35  Section 4. Access to Promotion and/or Tenure File. The bargaining unit faculty member
36  may review, at any time, that portion of the promotion and/or tenure file which is open. In
37  addition, the bargaining unit faculty member may review, at any time, a copy of the closed
38  portion of the file that has been redacted in accordance with the waiver status to protect
39  personally identifiable information.
40
41  Requests for access to the promotion and/or tenure file must be submitted by the
42  bargaining unit faculty member in writing to the Office of Academic Affairs, who will
43  provide the file to the bargaining unit faculty member for review as soon as possible,
44  but no later than five days after the receipt of the request. If, for any reason, the Office
45  of Academic Affairs provides the file to the bargaining unit faculty member later than
46  five days after the receipt of the request, the timeline to file an appeal of tenure or
47  promotion denial shall be suspended until the file is provided to the bargaining unit
48  faculty member.
49

1  
2  Appeal of Tenure or Promotion Denial Where Such Notice Results in Terminal
3  Appointment.
4  
5  Section 5. Initiating an Appeal. A bargaining unit faculty member who is denied tenure
6  or promotion and receives a terminal appointment may seek review of the decision by
7  sending a written statement of appeal to the Provost no later than 90 days following
8  receipt of the written decision denying tenure or promotion. A decision denying tenure or
9  promotion is deemed received on the day sent to the official uoregon.edu email address of
10  the bargaining unit faculty member.
11  
12  To be considered, the appeal statement must be signed and dated and must include the
13  following:
14  
15  • the ground(s) for appeal being alleged;
16  
17  • all arguments and supporting evidence the bargaining unit faculty member wishes
18  to be considered;
19  
20  • proposed resolution;
21
22  • designation of a union representative (if desired); and
23  
24  • whether a formal or informal process is requested.
25  
26  The bargaining unit faculty member may elect to have the appeal considered either
27  informally or formally, but not both. In selecting the informal process, the bargaining
28  unit member waives the right to a formal hearing. In selecting the formal process, the
29  bargaining unit member waives the right to use the informal process.
30  
31  Section 6. Provost’s Response to Appeal. Within 30 days of the receipt of the appeal,
32  the Provost or designee shall prepare a written response and forward the appeal, together
33  with his or her response, to the Chair of the University Promotion and Tenure Review
34  Appeal Committee (PTRAC).
35  
36  Section 7. The bargaining unit faculty member may make a peremptory challenge of
37  one member of the PTRAC. That member shall be replaced by one of three tenured
38  candidates selected to serve pro tem by the appellant from a list proposed by the
39  Faculty Advisory Council.
40
41  Section 8. Informal Process: Review of Written Materials by the PTRAC. The
42  PTRAC will consider the appeal solely on the basis of the written materials, consisting of
43  the complete and unredacted tenure file, the bargaining unit faculty member’s statement of
44  appeal, and the written response from the Provost. The PTRAC will prepare a written
45  report based upon the evidence and submit it to the Provost and the bargaining unit faculty
46  member within 30 days of the receipt of the appeal, or within 30 days of the start of Fall
47  term classes, if the appeal is received by the PTRAC between May 1 and the start of Fall
48  term. Should the PTRAC conclude that any of the grounds for appeal set forth in Section 2
49  of this Article are present, it shall so advise the Provost.
50

1  
2  Section 9. Formal Process: Review by and Hearing before the PTRAC. In addition to
3  a review of the written materials as described in Section 7, the PTRAC shall conduct a
4  hearing, the purpose of which is for members of the PTRAC to ask questions of the
5  Provost or designee, the bargaining unit faculty member, and any witnesses called by the
6  PTRAC. The PTRAC will hold a hearing within 60 days of the receipt of the appeal, or
7  within 30 days of the start of the Fall term classes, whichever is later. The bargaining unit
8  faculty member and the Provost or designee will be given at least five days’ notice of the
9  time and place for the hearing. The bargaining unit faculty member, the bargaining unit
10  member’s representative and/or legal counsel, the Provost or designee and his or her
11  representative, the University’s legal counsel, staff to the PTRAC, and any witnesses
12  called by the PTRAC may be present at the hearing. The representatives shall be
13  observers only, unless asked to participate by the PTRAC. The bargaining unit faculty
14  member and the Provost or designee are responsible for any expenses incurred in having a
15  representative present.
16  
17  Though it is expected that all information relevant to the appeal is included in the initial
18  appeal packet, newly discovered materials or materials otherwise unavailable to the
19  bargaining unit faculty member may be submitted to the PTRAC and the Provost or
20  designee at least five days prior to the hearing. No oral testimony by witnesses will be
21  allowed at the hearing unless called for by th PTRAC as part of its investigatory role.
22
23  The bargaining unit faculty member has the right to have the hearing open to the public.
24  Should the bargaining unit faculty member choose to have a closed hearing, the hearing
25  shall be closed to all except the PTRAC, the bargaining unit faculty member, the
26  bargaining unit faculty member’s union representative and/or legal counsel, the Provost or
27  designee and his or her representative, the University’s legal counsel, staff to the PTRAC,
28  and any witnesses called by the PTRAC.
29
30  In its investigatory role, the PTRAC has the sole discretion to call witnesses, though the
31  bargaining unit member may inform the PTRAC of individuals who may have relevant
32  information.
33
34  The deliberations of the committee shall be closed to all, including the bargaining unit
35  faculty member and the Provost or designee, except for the staff to the PTRAC. Should the
36  PTRAC need procedural advice from the Office of General Counsel, the University’s
37  Office of General Counsel can be called into the deliberations of the committee by the
38  PTRAC.
39
40  The hearing shall be recorded. The bargaining unit faculty member shall have access to
41  the appropriately redacted record of the appeal (as it exists at any given time) and to
42  recordings of the hearing. Neither the committee nor the University shall have any
43  obligation to provide a transcript of the recording.
44  
45  The PTRAC will prepare a written report based upon the evidence and submit it to the
46  Provost and the bargaining unit member within 15 days of the conclusion of the hearing.
47  
48  Section 10. Decision by the Provost. The Provost will consider the report of the PTRAC,
51

through either the informal or formal process, and notify 1  the bargaining unit faculty
2  member in writing of his or her decision on appeal within 21 days of the receipt of the
3  PTRAC’s report.
4  
5  Section 11. Final Appeal to the President. If the bargaining unit faculty member
6  disagrees with the Provost’s decision on appeal, the faculty member may appeal in writing
7  to the President of the University within 10 days of the receipt of the Provost’s written
8  decision. The President will notify the bargaining unit faculty member in writing of his or
9  her decision within 21 days of receipt of the written appeal. The President’s decision is
10  final and binding and is not subject to grievance, arbitration or further appeal.
11  
12  
13  Section 12. Timelines. The bargaining unit faculty member and the PTRAC may agree in
14  writing to an extension of the response time of the PTRAC. The bargaining unit member
15  and the Provost or designee may agree in writing to an extension of the initial appeal
16  deadline or the response time of the Provost or designee. The bargaining unit member and
17  the President or designee may agree in writing to an extension of the appeal deadline to
18  the President or the response time of the President.
19  
20  “Days” means calendar days.
21  
22  Appeal of Promotion Not Resulting in a Terminal Appointment
23  
24  Section 13. Avenue of Appeal. A bargaining unit faculty member who is denied
25  promotion that does not result in a terminal appointment may file a grievance under Article
26  22, Grievance Procedure, at Step 3, based only on the grounds described in Section 2 of
27  this Article. The grievance must be filed no later than 90 days from the receipt of the
28  decision denying promotion. The grievance will be heard by the Provost or designee.
29
30  Section 14. Grievance Committee. As part of the grievance process, the Provost or
31  designee will appoint a committee of three faculty members at or above the rank to which
32  the bargaining unit faculty member seeks to be promoted. At least one of the faculty
33  members shall be appointed from a list of nominees furnished by the Union, and at least
34  one of the committee members will be a bargaining unit faculty member. The bargaining
35  unit faculty member has the prerogative of striking one committee member and requesting
36  a replacement member to be chosen by the Provost. The committee will review the
37  promotion file and make a written report to the Provost as to whether any of the grounds
38  for appeal set forth in Section 2 of this Article are present.
39
40  Section 15. Decision by the Provost. The Provost will consider the report of the
41  committee and notify the bargaining unit faculty member in writing of his or her decision
42  on appeal within 21 days of the receipt of the committee’s report.
43  
44  Section 16. Final Appeal to the President. If the Provost upholds the promotion denial,
45  the bargaining unit faculty member may appeal to the President or designee in writing,
46  within 10 days of the issuance of the Provost’s decision. The President will review the file
47  materials, including the committee report, and issue a written decision to the bargaining
48  unit faculty member within 21 days of receipt of the written appeal. The President’s
49  decision is final and binding and is not subject to further grievance, arbitration or further
52

1  appeal.
2  
3  ARTICLE 22. GRIEVANCE PROCEDURE
4  
5  Section 1. The objective of this Article is to secure a fair and equitable resolution of
6  grievances at the lowest possible step of the grievance procedure. The procedures below
7  shall be the sole method for resolving grievances.
8  
9  Section 2. Definitions:
10  "Grievance" means an allegation that there has been a violation of a specific term of this
11  Agreement.
12
13  "Grievant" means the member of the bargaining unit who initiates a grievance or the Union
14  when it is the party who initiates a grievance.
15
16  “Day” means a calendar day.
17
18  Section 3. Grievance Steps.
19
20  Step 1. (Informal)
21  a. A bargaining unit faculty member shall first discuss a grievance with his or
22  her department or unit head within 45 days following the date on which the
23  grievant knew, or reasonably should have known, of the act, omission, or
24  condition which is the basis of the grievance.
25
26  b. If the department or unit head is the subject of the grievance, the bargaining
27  unit faculty member may proceed directly to Step 2.
28
29  c. If the department or unit head and the bargaining unit faculty member do not
30  resolve the grievance within 10 days of the initial discussion, the bargaining
31  unit faculty member may proceed to Step 2.
32  
33  d. Any disposition of a grievance at Step 1 shall not constitute a past practice
34  or any precedent in the disposition of other grievances.
35  
36  Step 2 (Dean, Vice President, or Designee)
37  a. If the grievant is not satisfied with the decision at Step 1, the grievant may
38  present a written grievance to the Dean, Vice President, or designee within 14
39  days of the issuance of the decision at Step 1.
40
41  b. If the grievant did not use Step 1, he or she shall present a grievance to the
42  Dean, Vice President, or designee in writing within 45 days following the date
43  on which the grievant knew, or reasonably should have known, of the act,
44  omission, or condition which is the basis of the grievance.
45
46  c. The grievance shall be in writing and provide the information described in Section 6
47  below.
48
53

d. The dean, vice president, or designee shall meet with t 1  he grievant and his or
2  her Union representative (if desired by the grievant) within 21 days of
3  receipt of receipt of the written grievance.
4  
5  e. The dean, vice president, or designee will send a decision in writing to
6  the grievant within 14 days of the meeting.
7
8  f. Any disposition of a grievance at Step 2 shall not constitute a past practice or
9  any precedent for the disposition of other grievances.
10  
11  Step 3 (Provost or designee)
12  a. If the grievant is not satisfied with the decision at Step 2, the grievant may present
13  the written grievance to the Provost or designee within 14 days of the issuance of
14  the decision at Step 2.
15
16  b. The Provost or designee, but not the persons who heard the grievance at Step 1
17  or Step 2, will meet with the grievant and his or her Union representative (if
18  desired by the grievant) within 21 days of receipt of the written grievance.
19
20  c. The Provost or designee will send a decision in writing to the grievant within
21  30 days of the meeting. Grievances against the Provost may be filed with the
22  President or designee in lieu of the Provost. If the grievant is not represented by
23  the Union, a copy of the decision will be sent to the Union forthwith.
24  
25  Section(4.(If the Union is the grievant, the grievance shall be filed at Step 3 no later than 45
26  days following the date on which the bargaining unit faculty member whose rights under
27  this Agreement were allegedly violated knew or reasonably should have known of the
28  act, event, or condition which is the basis of the grievance.
29
30  Section 5. General Provisions.
31
32  a. A grievant may represent him or herself at any step in the grievance process or
33  may elect to be accompanied or represented by a Union representative. If the
34  Union does not represent the grievant, the resolution of the grievance shall not
35  be inconsistent with the terms of this Agreement.
36
37  b. The grievant and the University may agree to modify the time limits in any step of
38  the grievance procedure. At formal steps, agreements to modify time limits shall
39  be in writing. Requests for extensions of time will not be unreasonably denied.
40
41  c. The University’s failure at any step of this procedure to communicate the
42  decision on the grievance within the time limit, including any extension thereof,
43  shall be deemed a denial of the grievance. The grievant’s failure at any step of
44  this procedure to appeal to the next step within the time limit, including any
45  extension thereof, shall be considered acceptance by the grievant of the decision
46  rendered at the previous step but will not constitute a past practice or any
47  precedent in the disposition of other cases.
48
54

d. A grievant may withdraw a grievance 1  at any time.
2
3  e. All facts relevant to a grievance shall be presented by the parties with
4  the objective expressed in Section 1 of this Article.
5
6  f. Grievances alleging prohibited discrimination must be filed within 180 days
7  following the date on which the grievant knew or reasonably should have known
8  of the act, omission, or condition which is the basis of the grievance.
9
10  g. Grievances alleging discriminatory harassment must be filed within 365 days
11  following the date on which the grievant knew or reasonably should have known
12  of the act, omission, or condition which is the basis of the grievance.
13  
14  Section 6. Written grievances must include at least:
15
16  a. A statement describing the nature of the grievance, the approximate date of the
17  events giving rise to the grievance, and the names of identifiable persons
18  involved;
19  
20  b. The provision of this Agreement that the grievant believes to have been violated
21  and a description of how it was violated; and
22
23  c. The relief sought.
24  
25  Section 7. A grievance may not be filed for an act, omission or condition which occurred
26  prior to the effective date of this Agreement.
27  
28  
29  ARTICLE 23. ARBITRATION
30  
31  Section 1. If the grievance brought under Article 22, Grievance Procedure, is not
32  resolved at Step 3, the Union may submit the matter to arbitration.
33  
34  Section 2. Notice of intent to arbitrate must be filed with the Provost within 21 days of
35  date of issuance of the Step 3 decision.
36  
37  Section 3. Within 10 days of receipt of the notice of intent to arbitrate, the parties shall
38  meet to attempt to agree upon an arbitrator. If the parties are unable to agree upon an
39  arbitrator within five days of the meeting, the party initiating arbitration shall request the
40  Oregon Employment Relations Board to submit a list of five arbitrators with experience in
41  higher education faculty employment cases, none of whom shall be an employee of the
42  University, the Union, the AFL-CIO, the AFT, the AAUP, or any other labor
43  organization, unless both parties agree otherwise in writing. The arbitrator shall be or
44  shall have been a practicing attorney.
45  
46  Each party shall alternately strike one name from the list of five. The parties will flip a
47  coin to decide which party strikes first. The last remaining person on the list shall be
48  selected as the arbitrator.
55

1  
2  If the arbitrator selected cannot hold the hearing within 90 days and either party does not
3  agree to an extension, a new list of five names shall be requested from the Oregon
4  Employment Relations Board and the selection procedure shall be repeated.
5  
6  Section 4. At least 10 days in advance of the scheduled hearing, the parties shall meet to
7  draft a submission agreement. They shall attempt to agree on the precise issue to be
8  submitted to arbitration, a stipulation of facts, joint exhibits, and any other matter
9  designed to expedite the arbitration process.
10  
11  If the parties are unable to agree on the precise issue to be submitted, each party shall
12  submit its own version of the issue and the arbitrator shall decide the precise issue to be
13  arbitrated.
14  
15  Section 5. The arbitrator shall hold the hearing in Eugene, Oregon unless otherwise agreed
16  in writing by the parties. The hearing shall be held without unreasonable delay upon the
17  arbitrator’s acceptance of the case.
18  
19  If the arbitrator or either party requests that post-hearing briefs be submitted, the
20  arbitrator shall establish a date for the submission of such briefs and the record will be
21  deemed to have been closed as of such date.
22  
23  Section 6. In a proceeding under this Article for which there is a submission agreement,
24  the first matter to be decided is the arbitrator’s jurisdiction to act. If arbitrability is in
25  dispute, the arbitrator shall hear the parties on the question and may take whatever
26  evidence he or she finds relevant and necessary before determining arbitrability. Upon
27  concluding that the issue is arbitrable, the arbitrator shall proceed with the case, with each
28  party retaining the right to seek judicial review of the arbitrator’s decision as to
29  jurisdiction. Upon concluding that the arbitrator has no jurisdiction, the arbitrator shall not
30  hear the matter or make any decision or recommendation regarding the merits of the case.
31  
32  In the absence of a submission agreement, the arbitrator shall first decide the issue to be
33  arbitrated, and then the question of the arbitrator’s jurisdiction.
34  
35  Section 7. The arbitrator derives authority wholly and exclusively from this Agreement.
36  The arbitrator shall not add to, subtract from, modify, or alter the terms or provisions of
37  this Agreement. Decisions relating to promotion or tenure may be challenged exclusively
38  through the appeal process in Article 21, Appeal from the Denial of Tenure or Promotion.
39  
40  Except as otherwise provided in this Agreement, the arbitrator shall have no authority to
41  decide any issue relating to the merits of any academic judgment. For the purposes of this
42  Agreement, “academic judgment” means a judgment by the University and those acting on
43  its behalf concerning competence, performance, or academic standards. In cases involving
44  academic judgment, the arbitrator shall not substitute his or her judgment for that of the
45  University, nor shall the arbitrator review such decision except for the purpose of
46  determining whether the procedural steps provided in this Agreement have been followed.
47  If the arbitrator determines that procedural steps have not been followed where an exercise
48  of academic judgment is involved, the arbitrator shall direct that the matter be reconsidered
49  by the appropriate decision maker in accordance with relevant procedural steps.
56

1  
2  Under no circumstances may an arbitrator override an academic judgment to direct that a
3  bargaining unit faculty member be reinstated, appointed, reappointed, promoted or
4  awarded tenure.
5  
6  The arbitrator shall have no authority: (a) to award monetary damages, fines or penalties,
7  except for back pay or benefits; (b) to make a decision limiting or interfering in any way
8  with the powers, duties, or responsibilities of the University which have not been
9  expressly limited by this Agreement; or (c) to consider the discipline of members of
10  another bargaining unit or other University employees who are not members of the
11  bargaining unit represented by this Union in rendering a decision.
12  
13  Section 8. The arbitrator shall issue a decision within 30 days of the close of the hearing
14  unless the parties have agreed to additional time. The decision of the arbitrator shall be in
15  writing and shall set forth findings of fact, reasoning and conclusions on the issues
16  submitted. The decision of the arbitrator shall be final and binding upon the parties as to
17  the issues submitted, provided that either party may seek judicial review of the decision as
18  provided by law.
19  
20  Section 9. All fees and expenses of the arbitrator shall be paid by the party not prevailing
21  in the matter.
22  
23  Each party shall bear the cost of preparing and presenting its own case. Expenses of
24  witnesses, if any, shall be borne by the party calling the witness. The costs of any
25  transcripts of the hearing required by the arbitrator shall be divided equally between the
26  parties and each party will be furnished a copy. If either party wishes a transcript of the
27  hearing, it may have one made at its own expense and shall be under no obligation to
28  provide the arbitrator or the other party with a copy.
29  
30  Section 10. The compensation of any bargaining unit faculty member called as a witness
31  and/or serving as the Union representative in an arbitration hearing shall not be reduced for
32  a reasonable period of time to prepare for and to give testimony at the hearing, or in the
33  case of the Union representative, to represent the Union at the hearing. Every effort shall
34  be made to avoid unduly disrupting the work of any bargaining unit faculty member called
35  to serve as a witness.
36  
37  
38  ARTICLE 24. DISCIPLINE and TERMINATION FOR CAUSE
39  
40  Section 1. No bargaining unit faculty member shall be subject to discipline without just
41  cause. Discipline will be administered in a progressive manner. Some conduct, including
42  but not limited to conduct in violation of the University’s non-discrimination policies,
43  warrants a substantial sanction or dismissal on the first occurrence. A history of discipline,
44  whether identical in nature or not, may have a cumulative effect, resulting in a more severe
45  sanction.
46  
47  Section 2. As used in this Agreement, “discipline” shall be limited to the following:
48
49  a. Written letters of reprimand
57

1
2  b. Demotion
3  
4  c. Loss of or reduction in benefits
5  
6  d. Suspension with or without pay of various lengths
7  
8  e. Loss of perquisites (an incidental payment, benefit, privilege, or advantage over
9  and above regular income, salary, wages or benefits)
10  
11  f. Restitution
12  
13  g. Limitation on access to University owned or controlled property
14  
15  h. Reduction in salary or contract period
16  
17  i. Loss of tenure
18  
19  j. Termination
20  
21  In order to be considered disciplinary in nature, an action must be expressly identified as
22  disciplinary by the University. Oral counseling, oral reprimands, remediation for a specific
23  period of time, evaluations, and promotion and compensation decisions are not discipline.
24  
25  Section 3. Termination of a bargaining unit faculty member prior to the expiration of his or
26  her appointment, termination of a tenured bargaining unit member, or other action, taken
27  for financial, programmatic or other administrative considerations shall not be covered by
28  this Article.
29  
30  Section 4. A bargaining unit faculty member has the right to have a Union representative
31  present, to represent or accompany the member, in any meeting regarding discipline.
32  
33  Section 5. Prior to imposing discipline involving the loss of pay or benefits or terminating
34  a bargaining unit faculty member, the University will provide the bargaining unit faculty
35  member with written notice and at least five days to respond.
36
37  Section 6. All disciplinary actions covered by this Article are grievable under Article 22,
38  Grievance Procedure. A grievance concerning suspension without pay or termination may
39  be initiated at Step 3 of the grievance procedure.
40  
41  Section 7. The University may place a bargaining unit faculty member on administrative
42  leave with pay and impose other conditions on a bargaining unit faculty member that do not
43  involve the loss of compensation while the University conducts an investigation or
44  considers the imposition of discipline. Administrative leave and any additional conditions
45  imposed pursuant to this section shall generally be limited to 75 days; however, the 75 day
46  period may be extended for good cause, including but not limited to situations where the
47  complexity of the investigation, the number of witnesses identified, or the volume of
58

information which needs to be gathered and reviewed necessitates 1  more time. The
2  University shall provide written notification indicating how much additional time is
3  necessary and reasons for the extension of the investigation to the faculty member in
4  advance of implementing any such extension. Any additional extension of the leave beyond
5  the timeframe described in the notice to the faculty member shall only be made by mutual
6  agreement between the University and the Union.
7  
8  Section 8. Action by the University under this Article is not stayed by the filing of a
9  grievance or by arbitration, except by mutual agreement.
10  
11  Section 9. If a bargaining unit faculty member is absent without leave authorized under this
12  Agreement for 21 consecutive days during any academic or fiscal year, the bargaining unit
13  faculty member may be considered to have abandoned his or her position and voluntarily
14  resigned from employment with the University. Before terminating the bargaining unit
15  faculty member’s employment, the University shall attempt to contact the bargaining unit
16  faculty member by phone, at his or her University email address, at his or her personal
17  email address if on file in the Banner system, and by letter mailed to the last address on file
18  in the Banner system, and shall provide the bargaining unit member with at least seven
19  days to respond. The University’s attempt to contact the bargaining unit faculty member
20  may occur during the 21-day absence, or after. The University will provide the Union with
21  notice of the termination of a bargaining unit faculty member under this provision.
22  Nothing in this Article shall prohibit the University from reinstating a bargaining unit
23  faculty member to his or her position.
24  
25  
26  ARTICLE 25. TERMINATION WITHOUT CAUSE FOR PROGRAM
27  ELIMINATION OR REDUCTION
28  
29  Section 1. Termination without Cause. A termination of a bargaining unit faculty
30  member without cause under this Article may occur only as a result of eliminations or
31  reductions of programs for financial reasons or for academic reasons as defined in this
32  Article. The employment of a bargaining unit faculty member will not be terminated due
33  to financial exigency during the term of this Agreement.
34  
35  Section 2. Notice to Union. The University will provide the Union with reasonable
36  notice that the reduction or elimination of a program is under consideration.
37  
38  The University will give the Union and affected bargaining unit faculty members at least
39  30 days’ notice prior to the effective date of a termination under this Article. The notice
40  will include an explanation of the reason for the termination and the bargaining unit
41  faculty members to be terminated. Upon the request of either party, the Union and the
42  University will meet and discuss the specifics of the proposed terminations.
43  
44  Section 3. Considerations for Termination. The University will determine which
45  bargaining unit faculty members will be terminated based on the following
46  considerations:
47  
48  (a) The University will retain bargaining unit faculty members who have the best
49  skills and abilities to accomplish future work. In making such judgment, the
59

University may consider all appropriate factors, i 1  ncluding but not limited to:
2  capacity to meet the needs of the University in the future; performance evaluation
3  history; academic training; professional reputation; teaching effectiveness,
4  research record or quality of scholarly or creative activity; and service to the
5  profession, the University and the community.
6  
7  (b) In identifying bargaining unit members for termination, the University will
8  consider its commitment to maintain diversity and its legal obligations regarding
9  affirmative action.
10  
11  The provisions of this Article do not apply to bargaining unit faculty members who have
12  received notice of non-reappointment. Nothing in this Article affects the terms and
13  conditions of employment of bargaining unit faculty members (a) on a visiting
14  appointment at the University, (b) whose positions are funding contingent, or (c) who
15  are appointed for less than one academic year.
16  
17  Section 4. Termination Resulting from Program Elimination or Reduction for
18  Financial Reasons. A bargaining unit faculty member’s employment may be terminated
19  upon the determination by the President that a demonstrably legitimate financial need for
20  program elimination or reduction exists.
21  
22  Section 5. Termination Resulting from Program Elimination or Reduction for
23  Academic Reasons. A bargaining unit faculty member’s employment may be terminated
24  upon the determination by the President that a legitimate academic need for a
25  discontinuance or reduction of a program or department exists.
26  
27  Section 6. Procedures for Faculty Input. The above determinations must be made
28  pursuant to university procedures providing for faculty and other appropriate input and be
29  based on financial or academic considerations that reflect long-range judgments about the
30  academic mission of the university. Legitimate considerations allowing termination do
31  not include cyclical or temporary variations in enrollment, or finances.
32  
33  Section 7. Grievances. The determination that program reductions or eliminations should
34  be made is not grievable. Whether the determination is a "but for" cause of a personnel
35  action or whether the procedural requirements set forth in this Article were followed is
36  grievable.
37  
38  Section 8. Transfer to a Suitable Position. Before terminating a bargaining unit faculty
39  member pursuant to a determination made under this Article, the University will make a
40  reasonable, good faith effort to place the bargaining unit faculty member concerned in
41  another suitable position of the same classification and rank within the university. A
42  bargaining unit faculty member’s refusal of such offer of reassignment will not affect his
43  or her reemployment rights under this Article.
44  
45  Section 9. Notice of Termination. Bargaining unit faculty members should be informed
46  of a termination under this Article as soon as practicable. Tenured bargaining unit faculty
47  members will be provided at least one year's notice; and tenure-track and career NTTF
48  bargaining unit faculty members shall be given advance notice of at least one year or the
49  duration remaining of their appointment, whichever is shorter. Bargaining unit faculty
60

members scheduled for termination will receive written notice 1  to their university email
2  address or, if the faculty member does not have a university email address, by regular mail
3  to their last address recorded in the Banner system. The notice will include the effective
4  date of termination; the reason for the termination; and a statement of recall rights.
5  
6  Section 10. New Appointments and Reemployment. If a bargaining unit faculty
7  member's appointment is terminated under this Article, the work of the affected faculty
8  member will not be performed by replacements within a period of three years, unless the
9  affected faculty member has been offered reinstatement and at least 30 days in which to
10  accept or decline it. It is the bargaining unit faculty member’s responsibility to keep the
11  university advised of his or her current email address for receipt of such offers. If a
12  bargaining unit faculty member refuses an offer of reemployment under this Section, his
13  or her right to reemployment is extinguished.
14  
15  
16  ARTICLE 26. SALARY
17
18  Section 1. Across the Board Increases
19  (a) FY 16. On January 1, 2016, all bargaining unit faculty members with
20  appointments in FY 16 will receive a 2.0% increase to their base salary.
21  (b) FY 17. On January 1, 2017, all bargaining unit faculty members with
22  appointments in FY 17 will receive a 0.75% increase to their base salary.
23  (c) FY 18. On January 1, 2018, all bargaining unit faculty members with
24  appointments in FY 18 will receive a 0.75% increase to their base salary.
25
26  Section 2. Merit Raises
27  
28  (a) FY 16. There will be no merit raises for fiscal year 2016.
29
30  (b) FY 17. The University will establish a pool for merit raises for all Tenure-Track
31  and Tenured faculty equal to 2.25% of the group’s total base salary (prorated for
32  FTE) in FY 16. To be eligible for the merit raise, the Tenure-Track or Tenured
33  Professor faculty member must have an appointment on December 31, 2016.
34  
35  The University will establish a pool for merit raises for all Career Non-Tenure-
36  Track faculty members equal to 2.25% of the group’s total base salary (prorated
37  for FTE) in FY 16. To be eligible for the merit raise, the Career Non-Tenure-Track
38  faculty member must have an appointment on December 31, 2016.
39
40  Merit raises for FY 17 will be effective as of January 1, 2017.
41
42  (c) FY 18. The University will establish a pool for merit raises for all Tenure-Track
43  and Tenured faculty equal to 2.25% of the group’s total base salary (prorated for
44  FTE) in FY 17. To be eligible for the merit raise, the Tenure-Track or Tenured
45  Professor faculty member must have an appointment on December 31, 2017.
46  
47  The University will establish a pool for merit raises for all Career Non-Tenure-
48  Track faculty members equal to 2.25% of the group’s total base salary (prorated
61

for FTE) in FY 17. To be eligible for the merit raise, t 1  he Career Non-Tenure-Track
2  faculty member must have an appointment on December 31, 2017.
3
4  Merit raises for FY 18 will be effective as of January 1, 2018.
5
6  Section 3. Funding Contingent Faculty
7
8  (a) In no case will a funding contingent faculty member be awarded retroactive salary
9  increases. In lieu of retroactive pay, funding contingent faculty members will be
10  entitled to a lump-sum equivalent to the retroactive pay to be distributed no less
11  than three months after the retroactive pay would have otherwise been provided.
12
13  (b) Funding contingent faculty who are principal investigators on the sponsored
14  project that funds their own salary may petition the Provost or designee to delay or
15  forgo an increase in their own salary as required under this Agreement.
16
17  Section 4. Salary Floors
18  
19  (a) Effective July 1, 2016, the following minimum salary floors will be in effect for all
20  career NTTF appointments:
21
22  i. PE/Rec $26,000
23  ii. Research Assistants $34,000
24  iii. All Others $39,000
25
26  (b) The minimum salary floor for Pro Tem and Visiting NTTF will be 90% of the
27  corresponding career floor.
28
29  (c) The minimum salary floor for Postdoctoral Scholars will be the same as subsection
30  (a)(iii) above.
31
32  Effective July 1, 2017:
33
34  (a) The minimum salary floor for Postdoctoral Scholars on 12-month appointments
35  will be no less than the amounts set according to the NIH Postdoctoral minimum
36  salary schedule and the floor will be adjusted each year pursuant to that NIH
37  schedule.
38  (b) The minimum salary floor for Postdoctoral Scholars on 9-month appointments will
39  be no less than the amounts set in subsection (a)(iii) above.
40  (c) Postdoctoral Scholars on 12-month appointments shall not be entitled to any merit
41  or across the board increases pursuant to this Article.
42  
43  Section 5. Promotion Raises
44  
45  (a) All bargaining unit faculty members in the Tenure-Track and Tenured Professor
46  classification who achieve promotion will receive an increase of at least 8% of base
47  salary.
48
62

(b) Full professors who successfully complete their first major 1  review after promotion
2  to full professor in the highest category (exceeds expectations, fully satisfactory,
3  positive evaluation on all criteria) will receive an increase of at least 8% of base
4  salary. Full professors who successfully complete their first major review after
5  promotion to full professor in the second highest category (meets expectations,
6  satisfactory, positive on some but not all criteria) will receive an increase of at least
7  4% of base salary. Full professors who successfully complete subsequent major
8  reviews will receive an increase of at least 4% of base salary.
9
10  (c) All Career Non-Tenure Track bargaining unit faculty members who achieve
11  promotion will receive an increase of at least 8% salary. These raises will become
12  effective with the next regular appointment concurrent with or following the
13  effective date of the promotion.
14  
15  Section 6. Retention Adjustments. To facilitate retention salary adjustments, the
16  Provost or designee will establish a retention salary adjustment policy describing the
17  criteria and procedures to be used in making retention adjustments for bargaining unit
18  faculty members.
19  
20  The retention salary adjustment policy will be published on the Academic Affairs
21  website.
22  
23  The Provost or designee will notify the Union of any retention adjustments made to the
24  salary of a bargaining unit faculty member.
25  
26  Section 7. Payment of Salary. Bargaining unit faculty members may opt to be paid in 12
27  equal monthly installments consistent with IRS regulations. Salary shall be paid by direct
28  deposit except in the case of emergency or unless another method of payment is required
29  by law.
30
31  Section 8. Academic Extension. Notwithstanding other provisions of this agreement,
32  assignments in the academic extension program may be compensated at a rate to be agreed
33  to by the academic extension administration and the bargaining unit faculty member
34  without regard to the bargaining unit member’s existing base salary. Compensation for
35  assignments in the academic extension program may be lump sums.
36
37  Section 9. Workload Adjustments.
38
39  (a) If a NTTF bargaining unit faculty member has his or her FTE reduced with no
40  demonstrable corresponding reduction in workload, then the bargaining unit faculty
41  member's base salary will be increased in proportion to the FTE reduction.
42
43  (b) If a NTTF bargaining unit faculty member has his or her workload significantly
44  increased with no corresponding increase in FTE, then the bargaining unit faculty
45  member's base salary will be increased in proportion to the workload increase.
46
47  (c) Both parties recognize that professional responsibilities ebb and flow throughout a
48  contract period. The provisions of this section are not meant to address minor or
63

1  normal fluctuations in workload.
2
3  (d) This Section will sunset with the expiration of the terms of the 2015-2018
4  agreement.
5
6  Section 10. Equity Studies. During the terms of this Agreement, the University and the
7  Union will meet to examine external equity issues as they relate to faculty. Additionally,
8  the parties will develop a set of external comparators appropriate to the university and
9  gather data that is comparable to the job categories under the Career classification. The
10  goal of this work will be to build a body of external NTTF comparators and have data to
11  inform further discussion about how best to improve the university’s recruit, retain, and
12  equitably compensate NTTF during the next round of bargaining.
13
14  Section 11. The parties agree to work in good faith toward a memorandum of
15  understanding that will provide a mechanism for the university to study salary equity
16  issues related to gender and other protected classes within the Tenured and Tenure-Track
17  faculty ranks.
18
19  Section 12. Equity Increase for Librarians. On January 1, 2016, all Career NTTF
20  employed in the University of Oregon Libraries will receive a 1% raise to base salary as an
21  external equity adjustment.
22
23  Section 13. Lump Sum Payment. On November 30, 2015, bargaining unit faculty
24  members shall receive a $650 lump sum prorated based on their November 2015 FTE.
25  
26  
27  ARTICLE 27. PUBLIC EMPLOYEE BENEFITS
28  
29  Section 1. Bargaining unit faculty members employed at .50 FTE or greater are eligible,
30  at their option, for medical, dental, and vision insurance through PEBB.
31  
32  Section 2. The University will continue employer premium contributions at the present
33  95%-5% levels for PEBB medical, dental, and vision benefits chosen by bargaining unit
34  faculty members.
35  
36  Section 3. Bargaining unit faculty members will have equal access to the same insurance
37  benefits provided by the University to all unclassified university employees on the same
38  terms and conditions.
39
40  Section 4. New bargaining unit faculty members and any bargaining unit faculty member
41  who has a break in service for longer than one term will receive written notice of his or
42  her rights under this Article 15 days before the employment start date, when feasible.
43  
44  
45  ARTICLE 28. FRINGE BENEFITS
46  
47  Section 1.
48
49  (a) All bargaining unit faculty members, including those with appointments less than
64

.50FTE, shall have equal access to the fringe benefits and s 1  ervices provided by the
2  University to all unclassified employees as of the effective date of this Agreement,
3  including, but not limited to:
4
5  i. LTD Bus Ridership Program
6
7  ii. Parking permit
8
9  iii. Full faculty access to the University of Oregon Libraries services and
10  collections
  11
12  iv. Discounts on athletic tickets
  13
14  v. All EMU facilities, programs, and services
  15
16  vi. Travel Clinic
17
18  (b) Bargaining unit faculty members with appointments .50 FTE or greater shall have
19  equal access to the fringe benefits and services provided by the University to all
20  unclassified employees with appointments .50 FTE or greater as of the effective
21  date of this Agreement, including, but not limited to:
22
23  i. Tuition discounts provided through tuition discount program
24
25  ii. Professional Development Opportunity Fund
  26
27  (c) Bargaining unit faculty members will be subject to any changes in the cost charged
28  to all other unclassified employees for these benefits and services.
29  
30  Section 2. All bargaining unit faculty members shall be assigned, and shall be expected to
31  use for university purposes, a University of Oregon email account, a Duckweb account,
32  and a DuckID at least 15 days before the employment start date or as soon as practicable.
33  Bargaining unit faculty members shall follow university procedures and provide
34  requested information in order to obtain such services.
35
36  Section 3. The University shall provide all reasonable assistance to employees in securing
37  federal student loan forgiveness, where applicable.
38
39  Section 4. Bargaining unit faculty members who are using the tuition discount for the
40  undergraduate education of a dependent child will be entitled to a second, concurrent
41  tuition discount for a dependent child to attend undergraduate programs at the University
42  of Oregon. The terms, conditions, eligibility requirements, and discount available
43  applicable to this additional tuition discount will be the same as the terms, conditions,
44  eligibility requirements and discount available under the tuition discount program.
45
46  Section 5. During the period of this contract, the University will convene a working group
47  by October 1, 2015 to examine best practices in how Universities support child care needs
48  of members of the campus community. The Union shall have two representatives on the
65

working group. The working group shall present 1  its findings to the Provost by June 15,
2  2016.
3
4  Section 6. All fees associated with applying for or renewing an H-1B or J1 visa will be
5  paid for by the University on behalf of bargaining unit faculty members.
6
7  Section 7. All departments or units that fail to meet paperwork deadlines relevant to H-1B
8  or J1 visas or otherwise causes a bargaining unit faculty member to miss deadlines by not
9  supplying required paperwork in a timely manner will pay the Premium Processing fee to
10  expedite the processing of the visa paperwork.
11  
12  
13  ARTICLE 29. RETIREMENT BENEFITS
14  
15  Section 1. Bargaining unit faculty members shall be eligible to participate in the Public
16  Employees Retirement System (PERS), the Oregon Public Service Retirement Plan
17  (OPSRP), the Optional Retirement Plan (ORP), the Tax-Deferred Investment 403(b)
18  Plan (TDI), and the Oregon Savings Growth Plan as set forth by Oregon law.
19  
20  Section 2. PERS and OPSERP. The University will make all employer contributions to
21  PERS or OPSRP that are required by law. In addition, the University will make
22  contributions to the Individual Account Program required from employees (currently 6%)
23  to the extent not prohibited by law.
24  
25  Section 3. ORP. The University will make all employer contributions to the ORP
26  required under ORS 243.800(9) and ORS 243.800(10)(a) and (b). In addition, the
27  University will make the contributions to the ORP for each participating bargaining unit
28  faculty member as required by ORS 243.800(8).
29  
30  Section 4. Salary Increase in Lieu of 6% Pick Up
31  
32  (a) If the university is prohibited by law from continuing to make the employee
33  contribution (generally known as the employee pick up) for any bargaining unit
34  faculty member and the legal obligation requiring bargaining unit faculty members
35  to contribute 6% of salary to their retirement plan remains, the University will
36  increase the affected bargaining unit faculty member’s salary by 6% to the extent
37  permitted by law. If the Legislature, the Higher Education Coordinating
38  Commission, or the State Board of Higher Education reduces the university’s
39  budget as a result of a legal prohibition on paying the 6% pick up, the University’s
40  obligation to increase salary will be reduced accordingly for bargaining unit
41  members, excluding those Tier Four ORP participants who receive an Employer
42  Match Contribution in lieu of an employer-paid matching contribution under ORS
43  243.800(10).
44  
45  The University will bargain with the Union over any remaining impacts on
46  bargaining unit faculty members’ salary after the implementation of this Article.
47  
48  (b) To the extent permitted by law, the University agrees to adopt a resolution to
49  make an election under the IRS Code to allow a pre-tax deduction of any
66

statutorily required 6% employee contribution/payment. 1  Such deduction shall be
2  made from each employee’s pre-tax gross wages.
3  
4  
5  ARTICLE 30. BENEFITS FOR ELIGIBLE RETIRED BARGAINING UNIT
6  FACULTY
7  
8  Eligibility. Bargaining unit faculty members who have at least five years of service at the
9  University of Oregon and who have retired from university employment (as defined in
10  Article 15, Academic Classification and Rank) are eligible for the following:
11  
12  (a) Post-retirement appointments outside of the Tenure Reduction Program (TRP).The
13  University may offer an appointment to a retired bargaining unit faculty member for
14  other than TRP assignments. The Provost or designee will determine the salary to
15  be paid for such appointments, in accordance with the provisions of this Agreement.
16  The University is not required to hire the retired bargaining unit faculty member at
17  the same salary rate as his or her TRP rate.
18
19  The retired bargaining unit faculty member is solely responsible for determining the
20  limits imposed by his or her retirement plan on hours worked or income received
21  and for ensuring that the total amount of work performed does not compromise his
22  or her retirement benefits.
23  
24  (b) Retired bargaining unit faculty members whose last pre-retirement FTE on record
25  is .50 or greater may enroll in classes up to the maximum number of credit hours
26  (space permitting). If the class is taken for credit, the bargaining unit faculty
27  member will be charged the discounted staff tuition rate. Retired bargaining unit
28  faculty may audit a class at no charge on a space-available basis with the
29  instructor’s permission. These benefits do not extend to family members of retired
30  bargaining unit faculty members.
31  
32  (c) Retired bargaining unit faculty members receive a staff discount rate on season
33  tickets for all sports.
34  
35  (d) Retired bargaining unit faculty members may join the ERB Memorial Union Craft
36  Center at staff rates.
37  
38  (e) Retired bargaining unit faculty members will receive a UO ID card and a
39  University of Oregon email account (subject to the provisions of this Agreement
40  for use of an Oregon email account), and may also request access to the
41  university's network. The retired faculty members’ last department of affiliation
42  may request that the retiree be granted access to Active Directory and Exchange.
43  
44  (f) Retired bargaining unit faculty members are granted the same access to UO library
45  resources as active faculty.
46  
47  (g) Retired bargaining unit faculty members are eligible to receive one parking permit
48  at no cost during terms when the retired faculty member is not on the university
49  payroll, as long as the retired faculty member provides a signed statement from
67

his or her department head identifying the meaningful 1  contribution to the
2  university made by the retired faculty member. Examples of meaningful
3  contributions may include volunteer work at the university, participating in
4  university events, and course enrollment.
5  
6  (g) Retired bargaining unit faculty members may join the Student Recreation Center
7  (SRC) at a reduced membership rate.
8
9
10  ARTICLE 31. TENURE REDUCTION PROGRAM (TRP)
11
12  Section 1. Eligibility. To be eligible for either option under the Tenure Reduction
13  Program (TRP), a bargaining unit faculty member must be a tenured faculty member and
14  must be eligible to retire or become eligible to retire (as defined in Article 15, Academic
15  Classification and Rank) within three years.
16  
17  Section 2. TRP Options.
18  
19  Tenure Reduction Option. A bargaining unit faculty member must sign up for the
20  tenure reduction option at least one term but not more than three years prior to his or
21  her expected retirement from the University. The bargaining unit faculty member will
22  receive a one-time increase of 6% of his or her base salary effective at the beginning of
23  the academic term following the signing of a TRP letter of agreement with the Provost
24  or designee.
25  
26  After the faculty member’s retirement, the faculty member is eligible to work with
27  reduced tenure (0.33 annual FTE for 9-month employees, 0.25 annual FTE for 12-
28  month employees) on agreed-upon TRP assignments for five years. Department and
29  unit heads will determine the TRP assignments in consultation with the retired
30  bargaining unit faculty member. It is the responsibility of the bargaining unit faculty
31  member to ensure that he or she does not work more hours or earn more income per
32  year than is allowed by his or her retirement plan.
33  
34  Tenure Relinquishment Option. A bargaining unit faculty member must sign up for
35  the tenure relinquishment option at least one term but not more than three years prior to
36  expected retirement from the university. The bargaining unit faculty member will
37  receive a one-time salary increase of 6% of his or her base salary effective at the
38  beginning of the academic term following the signing of a tenure relinquishment letter
39  of agreement with the Provost or designee. Bargaining unit faculty members electing
40  the tenure relinquishment option do not have the automatic right to receive any post
41  retirement appointments.
42
43  Section 3. Future Salary Increases. Bargaining unit faculty members with a signed
44  agreement for either option will be eligible for merit salary increases and will receive any
45  across the board increases distributed prior to the end of their agreement period.
46  
47  
48  ARTICLE 32. LEAVES
49
68

Leave 1  Policies on Website
2
3  Section 1. The University will maintain all of the leave policies applicable to bargaining
4  unit faculty members on the Human Resources website and in the Faculty Handbook.
5  
6  Faculty Leave Bank
7
8  Section 2. During the period of this contract, the University will convene a working
9  group by October 1, 2015 to explore the feasibility of a instituting a sick leave bank
10  program in lieu of current sick leave policies surrounding sick leave advance. The Union
11  shall have two representatives on the working group. The working group shall present its
12  findings to the Provost by June 15, 2016.
13
14  Sick Leave
15  
16  Section 3. All bargaining unit faculty members appointed at 1.0 FTE will be credited
17  with eight hours of sick leave for each full month of employment, or two hours for each
18  full week of employment less than one month. Bargaining unit faculty employed at .5
19  FTE or greater will be credited with a pro rata amount.
20  
21  Sick leave is not earned or used during sabbatical leave, fellowship leave, career
22  development leave, or leave without pay. Sick leave credit shall be earned during sick
23  leave with pay and during other periods of paid leave. There is no limit on the amount of
24  sick leave that may be accrued.
25  
26  Section 4. Bargaining unit faculty members employed at less than .5 FTE do not earn
27  sick leave. Bargaining unit faculty members employed at less than .5 FTE who need to
28  miss work due to a legitimate illness will not be required to pay for a substitute. If the
29  bargaining unit faculty member’s absence does not qualify as FMLA or OFLA leave, the
30  bargaining unit faculty member’s pay will not be reduced because of absences related to
31  legitimate illnesses lasting less than five days. If the absence qualifies as FMLA or OFLA
32  leave, those statutes and regulations will apply in lieu of this provision.
33  
34  Section 5. Bargaining unit faculty members who have earned sick leave credits must use
35  and must record the use of sick leave for any period of absence during the faculty
36  member’s regular work hours on a day that the university is open during the term of the
37  employee's appointment, if the absence is due to the employee's illness, injury,
38  pregnancy-related illness or other conditions, medical or dental care, exposure to
39  contagious disease, or attendance upon members of the employee's immediate family
40  (employee's parent(s), spouse or domestic partner, spouse or domestic partner’s parent(s),
41  children, brother, sister, grandmother, grandfather, son-in-law, daughter-in-law, or
42  another member of the immediate household) where the employee's presence is required
43  because of illness; or for any period of absence that is due to a death in the immediate
44  family of the bargaining unit faculty member or in the immediate family of the bargaining
45  unit faculty member’s spouse or domestic partner.
46  
47  The University may require a physician's certificate to support the sick leave claim for
48  any absence in excess of 15 consecutive days or for recurring sick leave use. The
49  University may require a physician's certificate before allowing the bargaining unit
69

faculty member to return to work to certify that the return w 1  ould not be detrimental to the
2  bargaining unit faculty member or to others. Transfer of sick leave for use by another
3  university employee is not permitted.
4  
5  Section 6. Disability Insurance. Bargaining unit faculty members employed at .50
6  FTE or greater are eligible for salary continuance under the Short-Term and Long-Term
7  Disability Insurance policies made available through the University.
8
9  Section 7. Sick Leave Advance. Bargaining unit faculty members who earn paid sick
10  leave are also eligible for salary continuance for up to 90 calendar days of absence due
11  to illness through a combination of accrued sick leave and advanced sick leave. Each
12  faculty member employed at 1.0 FTE is entitled to receive a sick-leave-with- pay
13  advance as needed to provide the difference between sick leave earned as of the onset of
14  the illness or injury and 520 hours; faculty employed at less than 1.0 FTE are eligible to
15  receive a sick-leave-with-pay advance proportional to FTE to provide the difference
16  between sick leave earned as of the onset of the illness or injury and a prorate of 520
17  hours. As sick leave is earned, the amount shall replace any sick leave advanced until all
18  advanced time is replaced with earned time. No more than a 520-hour sick leave
19  advance is available during a seven-year period that begins with the first sick leave
20  advance. More than one sick leave advance is possible as long as the total advance does
21  not exceed 520 hours during a seven-year period.
22
23  Bargaining unit faculty members cannot receive an advance that extends beyond the end
24  date of their current contract or appointment except upon written approval of the Provost
25  or designee.
26
27  Qualifying events for sick leave advance are limited to the employee’s own health
28  condition or Parental Leave as described in Section 8 of this Article.
29  
30  Section 8. A bargaining unit faculty member is entitled to transfer to the University of
31  Oregon with all unused sick leave earned with any Oregon public university, provided the
32  break in service prior to transfer does not exceed one month. A bargaining unit faculty
33  member who leaves employment with the university, and then is rehired before the end of
34  the fiscal year of the last day of employment, is entitled to reinstate the previous unused,
35  accrued sick leave. A bargaining unit faculty member who terminates employment is not
36  entitled to compensation for unused sick leave including in the calculation of retirement
37  benefits under PERS.
38  
39  Section 9. Bargaining unit faculty employed at .50 FTE or greater to teach summer
40  session or to work on summer wage appointments are eligible to accrue and to use sick
41  leave during the period of such appointment as provided in this Agreement.
42  
43  Parental Leave
44  
45  Section 10. The University will provide bargaining unit faculty members with unpaid
46  leave upon the birth or adoption of a child as provided by the Family Medical Leave Act
47  (FMLA) and the Oregon Family Leave Act (OFLA).
48
49  Section 11. Tenure-track and Career NTTF bargaining unit faculty members may take
70

1  leave under FMLA or OFLA with pay, in the following manner:
2
3  a. The first 6 weeks. As part of the first six weeks of leave, the bargaining unit
4  faculty member must use any available Short-Term Disability Insurance
5  benefits, all accrued vacation leave and all but 80 hours of accrued sick leave.
6  If the bargaining unit faculty member does not have sufficient accrued
7  disability insurance benefits and accrued paid leave to cover six weeks with
8  full pay, the University will provide the faculty member with the necessary
9  amount of paid parental leave to allow the faculty member to receive a total of
10  six weeks paid parental leave.
11
12  b. The second 6 weeks. Bargaining unit faculty members may use accrued sick
13  leave for his or her remaining six weeks of parental leave (for a total of 12
14  work weeks of leave). In the event that the faculty member does not have
15  sufficient accrued sick leave, employees may borrow advanced sick leave for
16  the remainder of the second six work weeks pursuant to Section 7 above.
17  Based on the timing of the birth or adoption, this paid leave may extend into a
18  second term.
19
20  c. The third 6 weeks for mothers who give birth. Bargaining unit faculty
21  members who give birth and qualify pursuant to the OFLA may take up to an
22  additional 6 weeks of parental leave. The faculty member may use accrued sick
23  leave during this time. Based on the timing of the birth, this paid leave may
24  extend into a second term.
25
26  If both parents are employees of the University, both parents are entitled to parental leave
27  as described in Section 11 (a) and (b) above.
28  
29  Section 12. A Tenure-track or Career NTTF faculty member who is eligible for leave
30  under the FMLA or OFLA also has the option, within six months after the birth or
31  adoption of a child, to take up to one term of modified duties at full pay status. Modified
32  duties status provides full or partial release from classroom and classroom-related
33  teaching responsibilities at full pay following birth or adoption, without using accrued or
34  advanced sick leave. Any release from or reduction of teaching responsibilities does not
35  mean that the faculty member will be required to carry more than a normal load before or
36  after the leave.
37  
38  Section 13. Bargaining unit faculty members in the Tenure-Track and Tenured Professor
39  classification who experience pregnancy, childbirth, or the adoption of a child and/or
40  utilize parental leave shall have the option of an additional probationary year before a
41  tenure or promotional review.
42  
43  Vacation Leave
44  
45  Section 14. Vacation means absence from work permitting rest and recreation for a
46  specified period of time during which regular compensation continues. Bargaining unit
47  faculty members gain vacation privileges when employed at .50 FTE or more on a 12-
48  month appointment.
49  
71

Section 15. Eligible bargaining unit faculty members accrue vacation on a 1  monthly basis,
2  beginning the first of the month following date of hire or on the first of the month if an
3  employee is hired the first working day of the month. Vacation accrues on the last day of
4  the month and is available for use the first day of the next month, subject to the
5  restrictions in Section 14 of this Article. Faculty members who have a 9-month
6  appointment and are subsequently appointed to a 12-month contract shall receive credit
7  for the previous 9-month appointment on a pro-rata basis.
8  
9  Eligible bargaining unit faculty members with a 12-month, 1.0 FTE appointment accrue
10  15 hours of vacation per month; eligible bargaining unit faculty members on a .50 FTE or
11  more 12-month contract accrue vacation in proportion to their FTE.
12  
13  Section 16. No employee may accrue in excess of 260 hours, and any accrued vacation
14  leave in excess of this cap will be forfeited.
15  
16  Section 17. If an eligible bargaining unit faculty member transfers to the University of
17  Oregon from another unclassified position at an Oregon public university and remains
18  eligible for vacation accrual, he or she shall transfer all accrued vacation leave to the new
19  position at the university, unless the break in service exceeds 30 days.
20  
21  Section 18. The accrual of vacation leave is reduced on a pro-rata basis for a period of
22  leave without pay, sabbatical leave and educational leave. Vacation leave is accrued
23  during other periods of paid leave.
24  
25  Section 19. Bargaining unit faculty members are not entitled to payment for unused
26  vacation leave except upon termination of employment or upon transfer within the
27  university to another position if the faculty member is not eligible for vacation benefits in
28  the new position. The maximum number of hours that can be paid upon termination or
29  transfer is 180 hours.
30  
31  Section 20. Vacation leaves are scheduled with the approval of the bargaining unit
32  faculty member's supervisor and should be planned cooperatively. Supervisors must be
33  reasonable in allowing the use of vacation leave and may not unreasonably deny vacation
34  requests where the result would be forfeiture of accrued vacation. For purposes of
35  calculation, one normal work day is the equivalent of eight hours of vacation leave for a
36  full-time employee.
37  
38  Section 21. Bargaining unit faculty members must accurately record all vacation hours
39  used. The transfer of vacation time for use by any another employee of the university is
40  not permitted.
41  
42  Holidays and Paid Leave During Breaks
43  
44  Section 22. Bargaining unit faculty members earn the following paid holidays and cannot
45  be required to work on these holidays, except as necessary to maintain or operate critical
46  facilities or operations. If a bargaining unit faculty member is required to work on a
47  holiday for that reason, he or she may take an equivalent amount of time off with pay at a
48  later date, as approved by the bargaining unit faculty member’s supervisor:
49  
72

1  • New Year’s Day
2  • Martin Luther King, Jr.’s Birthday
3  • Memorial Day
4  • Independence Day
5  • Labor Day
6  • Thanksgiving
7  • Day after Thanksgiving
8  • Christmas Day
9  
10  Section 23. Bargaining unit officers of instruction who do not earn vacation will be
11  considered to be on paid leave during the week between Christmas and New Year’s Day,
12  and during the week of Spring Break. If, for any reason, an Officer of Instruction is
13  required to work on campus during one of these paid leaves, that work will be
14  compensated as overload.
15  
16  Leave Without Pay
17  
18  Section 24. A bargaining unit faculty member may petition the Provost or designee to be
19  granted leave without pay. The granting of leave without pay is in the discretion of the
20  Provost or designee. If granted, leave without pay may not exceed two academic or fiscal
21  years, depending on the appointment.
22  
23  Compliance with Laws
24  
25  Section 25. The University will comply with applicable state and federal laws, including
26  the ADA and the FMLA, regarding leaves and the accommodation of disabilities.
27
28  Inclement Weather Policy
29
30  Section 26. To bring clarity to the implementation of the University’s inclement
31  weather policy at the department or unit level, all faculty members who are required to
32  report during inclement weather shall be notified of such requirement, at a minimum, at
33  the beginning of each academic year.
34
35
36  ARTICLE 33. SABBATICAL
37
38  Section 1. Sabbatical leave is granted to bargaining unit faculty for purposes of research,
39  writing, advanced study, travel undertaken for observation and study of conditions in our
40  own or in other countries affecting the applicant’s field or related scholarly or
41  professional activities. Sabbatical leave is granted when it can be shown that the applicant
42  is capable of using this period in a manner which will thereafter increase the applicant’s
43  effectiveness to the university and to the state. Only the Provost or designee can approve
44  applications for sabbatical leave.
45  
46  Section 2. Eligibility. A bargaining unit faculty member at .5 FTE or greater with the
47  rank of Senior Instructor I or II, Senior Lecturer I or II, Associate Professor, Professor,
48  Senior Research Assistant I or II, Senior Research Associate I or II, Associate Research
73

Professor, Research Professor, Associate Librarian or 1  Senior Librarian may be
2  considered for sabbatical leave:
3  
4  (a) After having been continuously appointed without interruption by a sabbatical
5  leave for 18 quarters (excluding Summer Session) or, in the case of twelve-month
6  faculty, 72 months; or
7  
8  (b) After having accumulated the equivalent of 6.0 FTE academic or fiscal years over
9  an indefinite period of nine-month or 12- month appointments uninterrupted by a
10  sabbatical leave.
11  
12  (c) Prior service at the ranks of Instructor, Lecturer, Assistant Librarian, Research
13  Assistant, Research Associate, or Assistant Research Professor, when leading to a
14  promotion to a higher rank, may be considered as part of the period of accumulated
15  service for the purposes of the time requirements for sabbatical eligibility.
16  
17  A series of appointments shall be considered continuous whether or not interrupted by
18  one or more authorized leaves of absence other than a sabbatical leave. An authorized
19  leave of absence will not prejudice the bargaining unit faculty member’s eligibility for
20  sabbatical leave.
21  
22  Bargaining unit faculty members may be considered for subsequent sabbatical leaves
23  after again satisfying the conditions specified in Section 2(a) or (b) above. Cases
24  involving mixed terms of service may be adjusted by the Provost or designee, in
25  accordance with the principles set forth in this Article.
26
27  Funding contingent faculty members with an appointment in the Instructor, Lecturer,
28  Librarian, Research Assistant, or Research Associate category are ineligible for
29  sabbaticals pursuant to this Article.
30  
31  Section 3. Applying for Sabbatical. Applicants for a sabbatical leave must present a
32  careful statement of plans for the leave period, and a justification of the leave in terms of
33  the criteria stated above. The request must be accompanied by an official application
34  form, a curriculum vitae, and a description of current teaching; scholarship, research and
35  creative activity; service; and other professionally relevant activities.
36  
37  Section 4. For institutional convenience, and at the initiative and sole discretion of the
38  institution, a sabbatical leave may be delayed by up to two years. In such instances, the
39  faculty member will become eligible for a succeeding sabbatical leave after an
40  equivalently reduced period of years. This section applies to a maximum of 14
41  consecutive years, covering two possible sabbatical leaves. The same agreement may be
42  agreed to in subsequent fourteen-year periods.
43  
44  Section 5. Salary received by a faculty member during a sabbatical shall be calculated as
45  follows:
46  
47  (a) Salary during sabbatical leave shall be a percentage determined under Section 5
48  (b) or (c) of this Article of the bargaining unit faculty member’s annual rate in
49  effect at the time the sabbatical leave begins. The percentage is determined by
74

multiplying the bargaining unit faculty member’s base 1  salary rate at the time of
2  sabbatical leave by the average FTE at which the faculty member was appointed
3  during the 6.0 FTE years immediately prior to the sabbatical leave.
4  
5  (b) For faculty on 9-month appointment, salary shall be:
6  
7  i. One academic year (three terms) on 60% salary determined under Section
8  5(a);
 9
10  ii. Two-thirds of an academic year (two terms) on 75% salary determined under
11  Section 5(a);
1 2
13  iii. One-third of an academic year (one term) on 100% salary determined under
14  Section 5(a).
15  
16  (c) For faculty on 12-month appointments, salary shall be:
17  
18  i. One year on 60% salary determined under Section 5(a);
19  
20  ii. Two-thirds of a year on 75% salary determined under Section 5(a);
21
22  iii. One-third of a year on 100% salary determined under Section 5(a).
23  
24  Section 6. At the end of the sabbatical leave, the bargaining unit faculty member shall
25  submit a report of the accomplishments and benefits resulting from the leave to the
26  department head, the dean, and the Provost.
27  
28  Section 7. Each bargaining unit faculty member, in applying for sabbatical leave, shall
29  sign an agreement to return to the university for a period of at least one year’s service on
30  completion of the leave. If a bargaining unit faculty member fails to fulfill this obligation,
31  he or she shall repay the full salary paid during the leave plus the health care and
32  retirement contribution paid by the University on his or her behalf during the leave. This
33  amount is due and payable three months following the date designated in the sabbatical
34  agreement for the faculty member to return to the university.
35  
36  Section 8. Supplementing of Sabbatical Incomes. To the extent approved in writing by
37  the Provost or designee, bargaining unit faculty members on sabbatical leave may
38  supplement their sabbatical salaries to a reasonable degree, provided that such
39  supplementation strictly conforms to the stated and approved purposes of the sabbatical
40  leave.
41  
42  Section 9. Effective Date. This Article applies to sabbaticals approved after the effective
43  date of this Agreement.
44  
45  
46  ARTICLE 34. JURY DUTY
47  
48  When actual jury duty service interferes with the work assignment of a bargaining unit
49  faculty member, he or she shall be entitled to leave with pay for the time away from work
50  required by jury service and may keep any monies paid by the court for the service. Upon
75

receipt of a summons to jury duty, a bargaining unit faculty member w 1  ill inform his or her
2  immediate supervisor of the date(s) for which the bargaining unit faculty member has
3  been summoned to jury duty and will provide the supervisor with a copy of the summons.
4  
5  
6  ARTICLE 35. PROFESSIONAL DEVELOPMENT
7  
8  Section 1. The University recognizes the importance of encouraging and supporting
9  bargaining unit faculty members in professional development activities that enhance
10  university instruction; scholarship, research and creative activities; and service and that
11  further the university’s academic mission. Professional development extends, but is not
12  limited, to workshops, courses, professional conferences, and participation in professional
13  organizations related to the bargaining unit faculty member's academic discipline and job
14  duties.
15
16  Section 2. Every unit will have a policy setting forth the procedures and criteria for
17  applying for and/or distributing available professional development funds.
18  Each college or school will provide language to units to be included in every policy
19  governing professional development. The college or school language will be reviewed and
20  edited by a review committee made up of three University representatives and three Union
21  representatives before being forwarded to departments or units. Final department policies
22  will be approved by the Dean’s office.
23
24  Policies must (a) provide that both Career NTTF and Tenure Track and Tenured Professor
25  bargaining unit faculty member are eligible to compete for professional development funds
26  and (b) comply with all provisions of the collective bargaining agreement.
27
28  Policies will be available to faculty by January 1, 2016.
29
30  Section 3. For purposes of this Article, “professional development funds” does not include
31  academic support accounts (ASA), external grants or awards which have restrictions on
32  use, or endowment funds which have restrictions on use.
33
34  Section 4. Centers, institutes, or units not embedded in an academic unit and comprised of
35  a majority funding contingent faculty members are exempt from the policy requirements of
36  Article 35, Section 2. The use of professional development funds by funding contingent
37  bargaining unit faculty members must comply with the terms and conditions of their
38  sponsored project and all federal and state laws and regulations.
39
40
41  ARTICLE 36. ETHICS AND PROFESSIONAL RESPONSIBILITY
42
43  Preamble. All persons affiliated with the university have the obligation to uphold the
44  functionality, dignity, and integrity of the university. To fulfill that obligation, faculty
45  members must maintain an environment conducive to integrity in research, scholarly and
46  creative activity; teaching and learning; and service; and conduct themselves at all times
47  with honesty and integrity.
48  
76

Faculty members should be effective teachers in keeping with t 1  he accepted standards of
2  each discipline; demonstrate respect for each student and thoroughly and fairly evaluate
3  student performance in a timely manner; and avoid the exploitation of any student for
4  private or personal advantage. Faculty members also should seek to develop and improve
5  their scholarly competence in research and creative activity; and exercise critical self6
discipline and judgment. In the exchange of criticism and ideas, faculty members must
7  show due respect for the opinions of others, practice intellectual honesty and avoid
8  plagiarism, fabrication, falsification or deception.
9  
10  Section 1. Adherence to Law. Bargaining unit faculty members are responsible for
11  becoming familiar with the laws and regulations pertinent to their areas of responsibility
12  and professional competence, and for ensuring that they are in compliance with all
13  applicable laws and regulations at all times. For bargaining unit faculty members engaged
14  in federally funded research, this means ensuring that all required reports are complete,
15  accurate and timely, and that funds are used exclusively for legitimate and lawful purposes.
16  
17  Section 2. Accurate and Original Work. Bargaining unit faculty members will not
18  plagiarize or fabricate work, and will not engage in unapproved falsification or deception
19  in any aspect of their teaching; research, scholarship or creative activity; or service
20  activities.
21  
22  ARTICLE 37. CRIMINAL RECORDS CHECKS
23  
24  Section 1. The University may require a state or nationwide criminal records check for any
25  bargaining unit faculty member when required by federal or state law or regulation or
26  when the bargaining unit faculty member:
27  
28  (a) Has direct access to persons under 18 years of age or to student residence
29  facilities because the person’s work duties require the person to be present in the
30  residence facility;
31  
32  (b) Is providing information technology services and has control over, or access to,
33  information technology systems that would allow the person to harm the
34  information technology systems or the information contained in the systems;
35  
36  (c) Has access to information, the disclosure of which is prohibited by state or federal
37  laws, rules or regulations or information that is defined as confidential under state
38  or federal laws, rules or regulations;
39  
40  (d) Has direct access to hazardous chemicals and materials and other substances
41  controlled by state or federal laws or regulations;
42  
43  (e) Has access to laboratories, nuclear facilities or utility plans to which access is
44  restricted in order to protect the health or safety of the public;
45  
46  (f) Has fiscal, financial aid, payroll or purchasing responsibilities as one of the
47  person’s primary responsibilities; or
48  
49  (g) Has access to personal information about employees or members of the public
77

including Social Security numbers, dates of birth, driver 1  license numbers, medical
2  information, personal financial information or criminal background information.
3  
4  Section 2. For the purpose of requesting a state or nationwide criminal records check, the
5  University may require the fingerprints of a bargaining unit faculty member.
6  
7  Section 3. A bargaining unit member will cooperate with the University in the conduct of a
8  criminal records check. Failure to cooperate may result in disciplinary action pursuant
9  to Article 24 of this Agreement.
10  
11  Section 4. The University will pay for criminal records checks requested by the
12  University.
13  
14  Section 5. A bargaining unit member may be subject to discipline based on the results of a
15  criminal records check pursuant to Article 24 of this Agreement.
16  
17  
18  ARTICLE 38. DRUG AND ALCOHOL TESTING
19  
20  Section 1. The University may conduct drug or alcohol testing of a bargaining unit faculty
21  member when the University has an articulable basis for believing that a bargaining unit
22  faculty member is or has been recently affected to a noticeable degree by consumption of
23  alcohol or a controlled substance while performing job duties or responsibilities. Tests
24  may include both the initial test and confirmation of a single specimen. The University
25  will pay for such testing. If a bargaining unit faculty member wants additional tests
26  conducted, the bargaining unit faculty member will pay for the additional tests.
27
28  Section 2. When the University receives notice of a bargaining unit faculty member's
29  positive test, the University may take one or more of the following actions, where
30  appropriate:
31  
32  (a) Require the bargaining unit faculty member to take accrued leave, or leave
33  without pay if no accrued leave is available.
34  
35  (b) Limit the bargaining unit faculty member’s access to all or certain University
36  buildings or other property.
37  
38  (c) Mandate that the employee work with the University’s employee assistance
39  program to receive confidential assessment, counseling and referral for assistance
40  with their identified drug and/or alcohol problem.
41  
42  (d) Take disciplinary action pursuant to Article 24 of this Agreement.
43  
44  Section 3. A bargaining unit faculty member who refuses a test, or delays providing,
45  adulterates or otherwise compromises a test sample may be subject to discipline pursuant
46  to Article 24 of this Agreement.
47  
48  Section 4. Nothing in this Article shall supersede provisions of the Americans with
49  Disabilities Act or any other applicable statute or regulation.
50
78

1
2  ARTICLE 39. ACCEPTABLE USE OF UNIVERSITY INFORMATION ASSETS
3
4  Section 1. “University information assets” as used in this Article means all computer
5  systems, applications, hardware, software, networks, internet access, platforms and/or
6  devices provided by the university. University information assets are made available to
7  bargaining unit faculty members for use in their work for the university. Any use of
8  university information assets must comply with this Article and applicable law.
9  
10  Section 2. Except to the extent set forth in this Agreement:
11  
12  (a) All university information assets belong exclusively to the university, and are not
13  the private property of any bargaining unit faculty member.
14
15  (b) The University owns all legal rights to control, transfer, or use all parts of
16  University information assets.
17
18  (c) The University may withdraw permission for use of its information assets in
19  compliance with this Agreement or in circumstances that pose a risk to the security
20  or integrity of the assets or information stored on them. Except for routine
21  withdrawals of permission (that is, when the withdrawal is the result of cessation of
22  employment), the University shall notify the Union in a timely manner of the action
23  taken and the reasons for the action.
24
25  Section 3. Bargaining unit faculty members shall not use university information assets
26  for any unlawful purpose or in any manner that conflicts with this Agreement. Use of
27  university information assets shall comply with copyrights, licenses, contracts,
28  intellectual property rights and laws associated with data, software programs, and other
29  materials made available through those assets.
30  
31  Section 4. The use of university information assets by bargaining unit faculty members
32  shall respect the confidentiality of other users’ information. Bargaining unit faculty
33  members shall not attempt to: (i) access third party systems without prior authorization
34  by the system owners; (ii) obtain other users’ login names or passwords; (iii) attempt to
35  defeat or breach computer or network security measures; or (iv) intercept, access, or
36  monitor electronic files or communications of other users or third parties without
37  approval from the author. Operation or use of university information assets shall be
38  conducted in a manner that maintains the integrity of the assets and the information
39  stored on them, and that will not impair the availability, reliability, or performance of
40  university information assets, or unduly contribute to system or network congestion.
41  
42  Section 5. Bargaining unit faculty members will use any antivirus, antimalware, or
43  similar software that is furnished by the university.
44  
45  Section 6. E-mail is provided to bargaining unit faculty members primarily for
46  university-related business; however, bargaining unit faculty members may make
47  personal use of their university email accounts so long as that use is reasonable in amount
48  and does not interfere with work-related duties and responsibilities or unduly contribute
49  to hardware, software or network congestion. No use of scramblers, re-mailer services, or
79

identity-stripping methods is permitted. E-mail may be used 1  for union business as set forth
2  in this Agreement.
3  
4  Section 7. Subject to law and applicable policy, authorized university personnel with a
5  demonstrably legitimate need may access specific information assets in order to fulfill
6  their official professional responsibilities. Limitations on this authority include the
7  provisions of UO Policy No. 10.00.01, Data Access, requiring that such access must be
8  only to the extent and for such time as a business need exists. The University will notify
9  the Union in a timely manner of the action taken and the reasons for the action.
10  
11  Bargaining unit faculty members will provide the University with documents not created
12  or stored on university information assets as required to comply with federal or state
13  public records disclosure statutes.
14  
15  Section 8. Bargaining unit faculty members may make personal use of university
16  information assets as long as there is no significant cost to the university and such use
17  otherwise complies with this Agreement and applicable law and policy.
18  
19  Section 9. Bargaining unit faculty members shall not use personal hardware or software
20  to encrypt any information owned by the university so as to deny or restrict access to the
21  University, except in accordance with prior permission or direction from the Provost or
22  designee.
23  
24  Section 10. Bargaining unit faculty members shall not use university information assets
25  for political purposes related to a candidate for public office or a ballot measure, or for
26  solicitations related to commercial products or services.
27  
28  Section 11. A bargaining unit faculty member shall:
29  
30  (a) Take reasonable steps to ensure the physical security of university information
31  assets;
32  
33  (b) Report missing, lost or stolen university information assets to his or her
34  supervisor immediately; and
35  
36  (c) Take reasonable steps to prevent the release of confidential information.
37  
38  
39  ARTICLE 40. NO STRIKE, NO LOCKOUT
40  
41  Section 1. The Union, on behalf of its officers, agents, affiliates, and members, agrees not
42  to engage in a strike, slowdown, walkout, refusal to report to work, mass absenteeism, or
43  other interruptions of work during the term of the Agreement or during the negotiations for
44  a successor Agreement.
45  
46  Section 2. In the event of a strike by other employees of the university, bargaining unit
47  faculty members, if requested by the University, will consult about how work which was
48  previously performed by a striking employee will be covered. Any work previously
80

performed by a striking employee assigned to a bargaining unit 1  faculty member shall be
2  considered an overload assignment. Bargaining unit faculty members will not
3  unreasonably refuse to perform such work.
4  
5  Section 3. The University agrees not to lockout bargaining unit faculty members during
6  the term of the Agreement or during negotiations for a successor Agreement.
7  
8  
9  ARTICLE 41. DISTRIBUTION OF THE AGREEMENT
10  
11  Section 1. The University will post this Agreement on the Academic Affairs website and
12  notify the Union of its posting within 21 days after the Agreement is signed and ratified
13  by both parties. Deans and directors will send an email notifying current bargaining unit
14  faculty members how to access the posting.
15  
16  Section 2. The University will include in the initial appointment of new faculty who will
17  occupy a bargaining unit position: (1) notice that the position offered is represented by
18  United Academics; and (2) information as to how to access the Agreement on the
19  Academic Affairs website.
20  
21  
22  ARTICLE 42. RIGHTS RESERVED TO THE UNIVERSITY
23  
24  Section 1. The University shall retain all of its customary rights, powers and authority,
25  except as limited below.
26  
27  Section 2. All such rights, powers and authority are subject to the following limitations:
28  (a) Those imposed by this Agreement or applicable law;
29
30  (b) The management rights referenced in Section 1 above do not constitute a waiver
31  of, and shall not in any way be deemed to waive, any rights the Union possesses
32  under law to bargain over subsequent changes with respect to mandatory subjects
33  of bargaining.
34  
35  
36  ARTICLE 43. TOTALITY OF AGREEMENT
37  
38  Section 1. The parties acknowledge that during the negotiations that resulted in this
39  Agreement, the Union and the University had the unlimited right and opportunity,
40  consistent with previously adopted ground rules, to present demands and proposals with
41  respect to any and all matters lawfully subject to collective bargaining. The parties
42  further acknowledge that all of the understandings and agreements arrived at thereby are
43  set forth in this Agreement, and that it shall constitute the entire and sole agreement
44  between the parties.
45  
46  Section 2. During the term of this Agreement, neither party shall be obligated to bargain
47  collectively with respect to any subject or matter, whether or not referred to or covered by
48  this Agreement, even though such subject or matter may not have been within the
49  knowledge or contemplation of the parties at the time they negotiated or signed this
81

1  Agreement.
2  
3  Section 3. Notwithstanding the above, nothing in this Agreement precludes the parties
4  from mutually agreeing in writing to alter, amend, supplement, enlarge, modify or delete
5  provisions of this Agreement.
6  
7  
8  ARTICLE 44. SEVERABILITY
9  
10  Section 1. It is the expressed intent of the parties that, if any court of competent
11  jurisdiction, government regulation, or decree at any time declares any provision of this
12  Agreement invalid, such decision shall not invalidate the entire Agreement. All other
13  provisions not declared invalid or not incomparable therewith shall remain in full force
14  and effect.
15  
16  Section 2. Should either party believe that a court of competent jurisdiction, government
17  regulation or decree has declared any provision of this Agreement invalid, they may
18  request that the parties enter into expedited bargaining as per ORS 243.698.
19  
20  
21  ARTICLE 45. NEGOTIATION OF SUCCESSOR AGREEMENT
22  
23  Section 1. For the purpose of negotiating a successor Agreement, the Union will send
24  written notice to the University no later than 180 days prior to the expiration of this
25  Agreement indicating its desire to negotiate a successor Agreement.
26  
27  Section 2. Prior to commencement of negotiations, the Union and the University shall
28  provide written notice to the other specifying those subjects or sections of the Agreement
29  proposed to be reopened and new subjects for negotiation.
30  
31  New issues may be proposed by either party at the first meeting where proposals are
32  exchanged or later by mutual agreement. Those sections of this Agreement not reopened
33  by said notices or by subsequent mutual agreement shall automatically become a part of
34  any successor Agreement. Negotiation of the successor Agreement shall begin no later
35  than 150 days prior to the expiration of this Agreement or such date thereafter as may be
36  mutually agreed upon by the parties.
37  
38  Section 3. The Union agrees to schedule a ratification vote by the membership within two
39  weeks, excluding finals week, of the date of signing a tentative agreement with the
40  University on a successor Agreement. If the parties reach agreement during the summer,
41  the parties may mutually agree to delay ratification of the Agreement until the second
42  week of Fall term.
43  
44  Section 4. This Agreement will expire on June 30, 2018. The parties will comply with
45  the applicable provisions of ORS Chapter 243 in negotiating a successor Agreement and
46  with regard to rights, obligations and procedure if a successor Agreement is not signed
47  prior to the expiration of this Agreement.
48  
82

1  
2  ARTICLE 46. DEFINITIONS
3  
4  As used in this Agreement:
5  
6  “Academic year” means, generally, the period from September 15th through the date of
7  commencement the following June.
8  
9  “Days” means calendar days.
10  
11  “Department or unit” means the lowest level academic subdivision to which a faculty
12  member is appointed. A bargaining unit faculty member’s department or unit, for
13  example, could be a school or college, or a department or unit within a school or college.
14  If a bargaining unit faculty member performs work for more than one department or unit,
15  his or her “department of unit” for purposes of this Agreement is the one to which the
16  faculty member is officially appointed.
17  
18  “Department or unit head” means the person immediately in charge of a bargaining unit
19  faculty member’s department or unit. For example, the “department or unit head” could
20  be a program head, department head, dean, or vice president, depending on the
21  circumstances.
22  
23  “Fiscal year” means the 12-month period from July 1 through June 30 of the following
24  year.
25  
26  “NTTF” means faculty in Non-Tenure Track Faculty classifications.
27  
28  “TTF” means faculty in the Tenure-Track and Tenured Professor classification.
29
30  “OUS” means Oregon University System.
Appendix I
Page 1 of 2

Published on University of Oregon Policy Library (http://1  policies.uoregon.edu)
2  
3  Home > Freedom of Inquiry and Free Speech
4  
5  
6  Freedom of Inquiry and Free Speech
7  
8  Last Updated: 07/01/2010
9  Effective Date: 07/01/2010
10  
11  Responsible University Office And Contact Person
12  
13  Academic Affairs [1]
14  Doug Blandy [2]
15  Policy Number:
16  01.00.16
17  Reason for Policy:
18  
19  To describe University policy and commitment regarding free speech and freedom of inquiry.
20  
21  Policy Statement:
22  
23  The University of Oregon values and supports free and open inquiry. The commitment to free speech and freedom of inquiry
24  described in this policy extends to all members of the UO community: Faculty, staff, and students. It also extends to all others who
25  visit or participate in activities held on the UO campus.
26  
27  Free speech is central to the academic mission and is the central tenet of a free and democratic society. The University
28  encourages and supports open, vigorous, and challenging debate across the full spectrum of human issues as they present
29  themselves to this community. Further, as a public institution, the University will sustain a higher and more open standard
30  for freedom of inquiry and free speech than may be expected or preferred in private settings.
31  
32  Free inquiry and free speech are the cornerstones of an academic institution committed to the creation and transfer of
33  knowledge. Expression of diverse points of view is of the highest importance, not solely for those who present and defend
34  some view but for those who would hear, disagree, and pass judgment on those views. The belief that an opinion is
35  pernicious, false, and in any other way despicable, detestable, offensive or "just plain wrong" cannot be grounds for its
36  suppression.
37  
38  The University supports free speech with vigor, including the right of presenters to offer opinion, the right of the audience
39  to hear what is presented, and the right of protesters to engage with speakers in order to challenge ideas, so long as the
40  protest does not disrupt or stifle the free exchange of ideas. It is the responsibility of speakers, listeners and all members of
41  our community to respect others and to promote a culture of mutual inquiry throughout the University community.
42  
43  Access to UO facilities and space is governed by a complementary policy, Scheduling Use of UO Facilities. [3]
44  
45  
46  
47  Exclusions and Special Situations:
48  
49  The$UO$recognizes$the$contribution$made$by$the$University$of$Michigan$policy$statements$and$practice$guides$in$this$formulation$of
50  UO$Policy.
51  
52  Forms/Instructions:
53  
54  Scheduling Use of UO Facilities. [3]
55  
56  Who is Governed by this Policy:
57  
58  All staff, faculty, students, and visitors at the University.
59  
60  Who Should Know This Policy:
61  
62  Anyone who visits or participates in activities held on the UO campus.
Appendix I
Page 2 of 2

1  Reviewed and Approved By:
2  Richard W. Lariviere, President
3  Date: 12/28/2010
4  Issued by:
5  Senior Vice President and Provost
6  Date: 06/07/2010
7  Revision History:
8  
9  Revision 1:
10  
11  In January 2010, the Provost charged a work group, led by Russ Tomlin, to review and revise the current Campus
12  Speakers policy. The work group included representatives from the faculty (Margie Paris-Law, Tim Gleason-SOJC),
13  administration (Brian Smith-VPFA, Kathie Stanley-VPSA, and Beverlee Stilwell-Provost Office) and General Counsel
14  (Randy Geller). The workgroup was also supported administratively by Pam Palanuk and Marilyn Skalberg.
15  
16  The workgroup developed a draft policy that was discussed with the Faculty Advisory Council, the Deans, and
17  Leadership Council. The draft policy was posted for comment on both the Provost's and Senate websites.
18  
19  The final version incorporating revisions based on the ensuing feedback was reviewed and adopted by the Senate with
20  minor revisions at its last meeting of May 26, 2010. The policy was approved by the Executive Leadership Team on June
21  7, 2010.
22  
23  12/28/2010 Approved by President. <signature document> [4]
24  
25  
26  
27  Links:
28  [1] http://academicaffairs.uoregon.edu/
29  [2] mailto:dblandy@uoregon.edu
30  [3] http://policies.uoregon.edu/policy/by/1/04000-facilities/scheduling-use-...
31  [4] http://policies.uoregon.edu/files/policy-library/uploads/Lariviere_12-28...

Dated:  1  October ___, 2015 2
79

1  
2  
3  
4  MEMORANDUM OF UNDERSTANDING
5
6  BETWEEN: United Academics (UA)
7
8  AND: University of Oregon (UO)
9  
10  RE: One-time Reclassification of Adjunct Faculty
11  
12  RECITALS:
13  
14  A. UA is the exclusive representative of a bargaining unit comprised of faculty of the
15  University of Oregon (except for those faculty excluded by law or agreement). UO is the
16  employer of the faculty.
17  
18  B. UA and UO are negotiating the first collective bargaining agreement (CBA)
19  which will include an article defining the classifications and ranks for bargaining unit
20  faculty members. In general, faculty members are employed in specific positions. The
21  positions are classified; the faculty members holding them are ranked. All positions will
22  be classified according to the system described in Article 15, Classification and Rank.
23  All faculty members must be identified with a classified position and hold a particular
24  rank within that classification.
25  
26  C. The parties intend this MOU to govern a one-time reclassification of positions and
27  current adjunct faculty members upon the implementation of the parties’ first CBA.
28  
29  AGREEMENTS:
30  
31  1. As soon as practicable after the effective date of the CBA, the head of each
32  department or unit will examine the position held by each bargaining unit faculty member
33  in the department or unit classified as adjunct according to the following:
34  
35  a. Review of short term appointments: If the bargaining unit faculty member has
36  held her or his position for all or part of AY 2011-12 and AY 2012-13 and has
37  been issued a contract for all or part of AY 2013-14, then the position held by that
38  faculty member will be classified as ADJUNCT unless the head and bargaining
39  unit faculty member agree that the intention of the appointment was that it would
40  be an ongoing appointment. If the faculty member and head so agree, then the
41  position and faculty member will be considered under the review of long-term
42  appointments (b) below.
43  
44  b. Review of long term appointments: If the bargaining unit faculty member,
45  currently classified as ADJUNCT, has served in the same position for three
46  academic years prior to AY 2013-14 and has been issued a contract for AY 2013-
47  14, then her or his position and appointment to that position will be considered as
48  follows:
80

1  
2  
3  
4  (1) If the head determines that the position is ongoing without substantial
5  changes in assigned work and that the faculty member has performed in
6  that position to the standards of the unit as published or practiced, then the
7  head shall define the position as a CAREER position according to Article
8  15 and the incumbent shall be directly appointed to that position at the
9  lowest rank in the classification. If the unit head determines that the
10  position will substantially change in assignment or FTE, then (3) below
11  applies.
12  
13  (2) If the head, utilizing the department or unit’s established review
14  process, determines that the position is ongoing but that the incumbent has
15  not performed to the standards of the unit as published or practiced, then
16  the position shall be defined as a CAREER position according to Article
17  15 and the incumbent will be appointed to that position for the remainder
18  of the contract year. The faculty member will be reviewed prior to
19  contract renewal in accordance with Article 19. If she or he is not
20  renewed, she or he will receive the notice as required by Article 16.
21  
22  (3) If the unit head determines that the position is not ongoing beyond the
23  current (AY 2013-14) contract, then the position will remain classified as
24  ADJUNCT. Since the retained adjunct position will have exceeded the
25  three year duration allowed under Article 16, the position will be
26  eliminated at the end of the AY 2013-14, unless it is being continued as an
27  adjunct position for pedagogical or programmatic reasons as defined in
28  Section 13 of Article 16. If the work formerly assigned to the eliminated
29  position is made part of a new position, the new position may combine
30  responsibilities formerly assigned to more than one adjunct position but
31  cannot be classified as ADJUNCT except for legitimate pedagogical or
32  legitimate programmatic reasons as defined in Section 13 of Article 16. If
33  the reviewed position is ongoing, but will change substantially in work
34  assigned or FTE, then the position will be replaced with a new, Career
35  NTTF position reflecting the changes.
36  
37  New positions created as a result of this process may be filled through
38  either internal or external searches at the discretion of the head and with
39  the approval of the appropriate dean or vice president, and the Provost or
40  designee.
41  
42  (4) If the faculty member disagrees with the decision of the unit head in
43  (3) regarding whether the faculty member’s position was ongoing, she or
44  he may challenge the head’s decision through the grievance process
45  (Article 22). Decisions about contract renewal beyond AY 2013-14 will
46  be governed by Articles 16, 19, and 25.
81

1  
2  
3  
4  c. Other appointments. For faculty members and positions not included in (a) or
5  (b), these positions will be classified as ADJUNCT and their incumbents
6  appointed according to Article 15.
7  
8  2. All reclassifications to CAREER positions are retroactive to July 1, 2013 (for 12-
9  month appointments) or September 16, 2013 (for 9-month appointments).
10  
11  3. Department or Unit Restructuring. Following the initial reclassification process
12  in which all positions are classified according to (1), units may choose to take no further
13  action (and so will continue the slate of CAREER positions established during the
14  process and will continue or eliminate adjunct positions according to the CBA). Units
15  may instead choose to restructure non-tenure track positions (e.g. by combining positions
16  into higher FTE positions or by converting remaining adjunct positions into career
17  positions). In this case, the unit or department shall develop a plan describing the
18  changes and establishing a timeline for implementation. Any changes to CAREER
19  positions must be done according to Articles 15, 16, 19, and 25. Plans will be developed
20  by the unit head in consultation with all departmental faculty.
21  
22  4. Promotion Review. The appointment of faculty to newly reclassified positions
23  will be at the lowest rank of the classification. Prior service to the University in either
24  ADJUNCT or CAREER positions will count toward a faculty member’s eligibility for
25  promotion. Faculty members with six or more years of service prior to AY 2013-14 with
26  an average appointment of at least .4 FTE will be eligible to be considered for promotion
27  to the next rank during AY 2013-14 following Article 19. Faculty members who are
28  successfully promoted to the next rank within their classification who have more than six
29  years of service at.4 FTE or greater may count these additional years toward their
30  eligibility to be considered for promotion to the next highest rank. For example, if a
31  faculty member has nine years of service as an adjunct and is appointed to a CAREER
32  position, then she or he may be considered for promotion immediately. If the faculty
33  member is promoted, then she or he will have three years toward promotion to the next
34  level and so may be considered for the next promotion in the third year following the first
35  promotion. Faculty members considered under this MOU with fewer than six years of
36  prior service may count these years toward future promotion eligibility.

1  
2  
3  
4  MEMORANDUM OF UNDERSTANDING
5
6  BETWEEN: United Academics (UA)
7
8  AND: University of Oregon (UO)
9  
10  RE: Joint Committee Regarding Intellectual Property Article
11  
12  RECITALS:
13  
14  A. UA and UO have reached an agreement on an initial collective bargaining agreement.
15  That agreement does not address the subject of Intellectual Property.
16  
17  B. The parties desire to address the subject of Intellectual Property on the following
18  terms.
19  
20  AGREEMENTS:
21  
22  1. Within 30 days of the ratification of the collective bargaining agreement, each
23  party will designate three persons to participate in discussions designed to produce
24  agreement on the full range of issues raised at the bargaining table with respect to
25  proposed Article 51, Intellectual Property. Recommendations produced by this working
26  group will be forwarded to the University and to United Academics for possible revision
27  and approval. Any agreement reached will be incorporated into the collective bargaining
28  agreement as memoranda of understanding.
29  
30  2. Until final approval of any agreement by the parties and its incorporation into the
31  collective bargaining agreement, the status quo regarding intellectual property will be
32  maintained.
33  
34  
35  
36

October 31, 2014
MEMORANDUM
TO:        Supervisors of Classified Staff
FROM:        Bill Brady, Sr. Director of Employee and Labor Relations
SUBJECT:    SUPERVISOR OBLIGATIONS REGARDING NOTIFICATION OF SUPERVISORY FILES
If you maintain a supervisory file for the classified employees who report to you, you are obligated to let them know that you are keeping such a file.  Article 16, Section 2(A) of the SEIU collective bargaining agreement states:  “Supervisors may keep records and/or anecdotal notes on subordinate employees.  Employees shall be notified if a supervisory file is being kept.”  
Supervisory files may include both positive and negative information about employees, such as commendations, training records, certificates and licenses, notes on attendance, reports of specific incidents, and so forth.  Regardless of the content, supervisors must notify employees of the files’ existence.  Employees may review their supervisory file with reasonable notice to the supervisor.  It is not appropriate to keep medical information in supervisory files.
Here is sample language for such notification:  “As required under the SEIU collective bargaining agreement Article 16, Section 2, I am hereby notifying you that I maintain a supervisory file on you.”
The full text of this section on supervisory files follows:

(A) Supervisors may keep records and/or anecdotal notes on subordinate employees. Employees shall be notified if a supervisory file is being kept.  Supervisory files will be maintained under conditions that ensure the integrity and safekeeping of the files.
(B) The employee may inspect the supervisory file upon reasonable notice to the supervisor. Upon employee request, a copy of the records and anecdotal notes within the file will be provided.
(C) At the employee’s request, rebuttal documents will be placed in the supervisory file.
(D) If the employee severs his/her employment with the university, the supervisory file will be expunged. If the employee promotes, transfers or demotes within the university, the supervisory file will be retained in the former department for a period of up to one (1) year from the effective date of such action, at which time the file will be expunged.
Please contact me if you have questions at wbrady@uoregon.edu