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Faculty Contract Agreement 2018-2022

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Faculty Contract Agreement 2018-2022 Faculty Contract Agreement 2018-2022 Berklee Faculty Union of the American Federation of Teachers, Local 4412, AFT-MA, AFL-CIO TABLE OF CONTENTS PAGE PREAMBLE ………………………………………………………………………….. 1 ARTICLE 1 RECOGNITION………………………………………………………... 1 Full-Time Unit Part-Time Unit ARTICLE 2 DEFINITIONS…………………………………………………………. 2 Berklee Faculty Union Federation Representative Academic Year Academic Day Faculty Promotion Advisory Committee Deadlines When College Is Closed ARTICLE 3 UNION SECURITY AND DUES CHECKOFF………………………. 2 Union Membership Union Dues Deductions ARTICLE 4 DURATION OF CONTRACT………………………………………… 4 ARTICLE 5 CONSULTATION AND COMMUNICATION………………………. 4 ARTICLE 6 DISTRIBUTION OF CONTRACT……………………………………. 4 ARTICLE 7 SEPARABILITY………………………………………………………. 5 ARTICLE 8 ANTI-DISCRIMINATION……………………………………………. 5 ARTICLE 9 MINIMUM TERMS…………………………………………................ 6 Conditions of Employment Wage Renegotiation Wage renegotiation increases and wage equity increases scheduled for September 1, 2020 Bona Fide Offer of Employment from Another Institution Faculty Wage Equity Review ARTICLE 10 BARGAINING AGENT’S RIGHTS…………………………………… 7 Use of College Equipment, Facilities, etc. Official Union Postings Faculty Lounges List of Faculty Union Meetings Responsibilities and Workload of Union Officers ARTICLE 11 GRIEVANCE PROCEDURES…………………………...……………. 9 Grievance Steps Arbitration Non-Reappointment Decisions ARTICLE 12 PERSONNEL FILES…………………………………………………. 12 ARTICLE 13 FACULTY DRESS CODE…………………………………………… 13 ARTICLE 14 DISCIPLINE………………………………………………….............. 13 ARTICLE 15 RANKING……………………………………………………………. 13 Full-Time Faculty Initial Appointment ii Part-Time Faculty Employment for Subsequent Semesters General Provisions Artist in Residence and Visiting Professors Endowed Chairs ARTICLE 16 EVALUATION PROCEDURES……………………………............... 15 Full-Time Faculty Performance Review in Non-Reappointment Years Part-Time Faculty Evaluation/Performance Review Procedure for Student Ratings ARTICLE 17 REAPPOINTMENT – FULL-TIME FACULTY…………………….. 18 Evaluation in Reappointment Years Schedule for Full-time Faculty Department Chair Evaluation of Faculty Issuance of Contract Periods of Reappointment ARTICLE 18 REAPPOINTMENT – PART-TIME FACULTY……………………. 21 Initial Ranking Employment for Subsequent Semesters Guaranteed Teaching Units Schedule for Part-time Faculty Issuance of Contract ARTICLE 19 PROMOTION – FULL-TIME FACULTY…………………………... 23 Promotion Schedule Promotion Process Schedule for Full-time Faculty Early Promotion Application ARTICLE 20 PROMOTION – PART-TIME FACULTY………………………… 26 Promotion Schedule Promotion Process Schedule for Part-time Faculty Early Promotion Application ARTICLE 21 SUPPORT FOR FACULTY PROFESSIONAL DEVELOPMENT…. 29 Professional Meetings, Workshops, Conventions, Seminars Off Campus Concerts/Performances Faculty Recording in Berklee College of Music Studios Educational Programs Educational Study Grants Special Training Grants Research/Creative Grants ARTICLE 22 NO-STRIKE/NO-LOCKOUT……………………………………… 32 ARTICLE 23 LAY-OFF…………………………………………………………… 34 ARTICLE 24 WORKING CONDITIONS………………………………………… 35 Scheduling Teaching Hours iii Class Size Faculty Activities Diversity and Gender Training Recruitment and Retention Pre-Semester Duties Secretarial Assistance Faculty Offices Faculty Lounges Workroom Course Materials Department Chair Technology Training ARTICLE 25 WORKLOAD – FULL-TIME FACULTY…………………………. 38 Teaching, Advising, and Related Duties Teaching Units Teaching Assignment Schedule Teaching Assignment Policies Course Outline and Syllabus Taking Student Attendance Grade Submission Office Hours/Advising Students Release Time for Special College Projects Department/Division Meetings Attendance Service to the College Service to the Profession Employment at Other Educational Institutions New Faculty Orientation Program Attendance Requirement Summer Session Teaching Assignments Faculty Standards ARTICLE 26 WORKLOAD – PART-TIME FACULTY………………………… 44 Teaching, Advising, and Related Duties Teaching Units/Teaching Load Maximum Teaching Assignment Schedule Teaching Assignment Policies Course Outline and Syllabus Taking Student Attendance Grade Submission Office Hours/Advising Students Department/Division Meetings Attendance Service to the College Option of Department Chair New Faculty Orientation Program Attendance Requirement Summer Session Teaching Assignments Faculty Standards ARTICLE 27 TRANSITION CONTRACT APPOINTMENTS (TCA)…………..... 47 Eligibility for Program Process for Requesting to Participate in Program iv Teaching and Related Duties Conversion to Part-time Status Replacement of Full-time Faculty Who Enter Program Evaluation Procedure Election of Retirement Benefits Non-eligibility for Medical/Dental Benefits After Completing Program ARTICLE 28 ACADEMIC FREEDOM……………………………………............. 48 ARTICLE 29 BENEFITS – LEAVES OF ABSENCE……………………………... 49 Sabbatical Leave (Full-time Faculty) Professional Leave (Full-time & Part-time Faculty) Military Leave (Full-time Faculty) Sick Leave (Full-time & Part-time Faculty) Funeral Leave (Full-time & Part-time Faculty) Court Leave (Full-time & Part-time Faculty) Special Leave (Full-time & Part-time Faculty) Paid Parental Leave (Full-time & Part-time Faculty) ARTICLE 30 BENEFITS – TUITION REDUCTION FOR BERKLEE COURSES.. 56 Faculty Who Commenced Employment On or Before 9/1/92 Faculty Who Commenced Employment After 9/1/92 ARTICLE 31 BENEFITS – RETIREMENT PLANS……...……..………………. 58 Defined Benefit Plan 403(b) Retirement Savings Plan – For Defined Benefit Plan Members 403(b) Retirement Savings Plan – For Non-Defined Benefit Plan Members General Provisions ARTICLE 32 BENEFITS – LIFE AND DISABILITY INSURANCE PLANS.….... 60 Life Insurance Disability Insurance General Provisions ARTICLE 33 BENEFITS – MEDICAL AND DENTAL INSURANCE PLANS…. 61 Full-time Faculty Participation in Plans College and Faculty Payments for Insurance Coverage Eligible Part-time Faculty Participation in Plans College and Faculty Payments for Insurance Coverage Section 125 (Savings plan for medical and/or dependent care reimbursement) General Provisions ARTICLE 34 MANAGEMENT RIGHTS………………………………...………. 63 ARTICLE 35 WAGES…………………………………………………….……… 64 Minimum Wages/Rates Annual Increases Summer Session Full-time Faculty-Summer Hourly Rate Conversion Promotion Increase v Teaching Load Above Maximum Wage Increase Request Retirement One-Time Payment Wage Payment Schedule ARTICLE 36 NUMBER OF FULL-TIME FACULTY…………………………….. 66 ARTICLE 37 WAIVER OF RIGHT…..…………………………………………… 66 ARTICLE 38 PRE-EXISTING RIGHTS, PRIVILEGES OR BENEFITS………… 67 MEMORANDA OF UNDERSTANDING #1 COLLEGE POLICIES.................................................................................................... 68 #2 NEW FULL-TIME FACULTY POSITIONS…………………………………….…. 69 Full-time Positions Offered to Part-time Faculty Determination of Salary and Rank Credit Toward Promotion #3 ON-LINE COURSES/BERKLEE ONLINE ………….……………….…………….... 70 #4 GRADE SUBMISSION DEADLINE; GRADUATION ACTIVITIES………...……... 71 #5 FACULTY TEACHING AT BOTH PRE-MERGER BOSTON …………………….... 72 CONSERVATORY AND LEGACY BERKLEE COLLEGE OF MUSIC #6 BOSTON CONSERVATORY AT BERKLEE PROGRAM TEACHING LOADS… 73 MORE THAN EIGHTEEN (18) TEACHING UNITS FOR FULL-TIME FACULTY AND SEVENTEEN (17) TEACHING UNITS FOR PART-TIME FACULTY #7 FURLOUGHS ……………………………………………………………………….. 74 #8 COVID-19 FINANCIAL AND/OR OPERATIONAL ISSUES…………………….… 75 vi PREAMBLE This Agreement is entered into the 1st day of September, 2018 by and between Berklee College of Music (herein referred to as the “Employer” or “College”) and Berklee Faculty Union of the American Federation of Teachers, Local 4412, AFT-MA, AFL-CIO (herein referred to as the “Union”) and amended on June 12, 2020 ARTICLE 1 RECOGNITION The Employer recognizes the Union as the exclusive bargaining representative of the units defined in the “Certification of Representative” issued by the National Labor Relations Board on the 26th of April, 1985 in Case No. 1-RC-18, 380, as previously modified and pursuant to the certification of representative issued on June 13, 2017. These units consist of: A. Full-time Unit: All 9 month salaried teaching faculty employed by Berklee College of Music at its Boston, Massachusetts campus, including the Boston Conservatory at Berklee program, but excluding all other employees, hourly teaching faculty, managerial employees, non-teaching professional employees, President, Senior Vice Presidents, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Associate Deans, Assistant Deans, Chairs of Departments, Assistant Chairs of Departments, Executive Directors, Senior Directors, Directors, Associate Directors, Assistant Directors, Academic Administrators, Visiting Professors, Artists in Residence, Endowed Chairs, clerical employees, guards and supervisors as defined in the Act. B. Part-Time Unit: All hourly teaching faculty employed during the academic year by the Berklee College of Music at its Boston, Massachusetts campus, including the Boston Conservatory at Berklee program, but excluding all other employees, salaried teaching faculty, managerial employees, non-teaching professional employees, President, Senior Vice Presidents, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Associate Deans, Assistant Deans, Chairs of Departments, Assistant Chairs of Departments, Executive Directors, Senior Directors, Directors, Associate Directors, Assistant Directors, Academic Administrators, Visiting Professors, Artists in Residence, Endowed Chairs,
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