Know Your Rights

1. Moving Back the Hands of Time
by Heidi Kozlowski, SJCC English Faculty

I was hired temporary full-time in the English Department at San Jose City College Fall 2001. I had been a finalist for a full-time position, but it was determined by the administration at the time that no one would in fact be hired. I was initially understandably disappointed, but when I was offered a temporary FT position, I was euphoric. It was a wonderful opportunity, but it was also at times taxing; it felt like I was on a year-long interview for the job I so dearly wanted.

That year a student punched me in the arm so hard it left a bruise, but I did not report it as I was anxious about any negative attention while I was held in an indeterminate state. Additionally, I was in a unique academic gray zone with my colleagues—neither truly FT but not quite adjunct.

When the Full Time job opened again the following year, I applied. I was in no way assured of getting the position. First, I heard that there were over 100 applicants.

Fortunately, I was selected as a finalist, and to my delight, I was selected for the position. But wait—after I had accepted, I was told that because of the “budget crisis of 2002” (for the budget crisis historians out there), no one would be hired after all. The union came to my aid that year and helped me fight to retain my job.

Now, the union has moved back the hands of time on the new 2009-2010 Faculty Contract Article 8.10 and restored my seniority as it would have been without the roadblocks, starting from when I was initially hired as temporary full-time the year immediately preceding when I was hired full time in my department.

I have a unique seniority number: 798.5. I’ll take the half, as I am 100% grateful. Thank you again, AFT 6157.

2. Full Time Faculty, Voluntary Nature of Overload, Work Year and Assignments
by Debbie DeLaRosa-FA, AFT 6157 Grievance Officer

As the semester draws to a close and with summer upon us, please remember some important points about your work year and assignments.

Do you expect to do committee work during the coming summer months? Then please remember Article 15.1 entitled the Voluntary Nature of Overload. All overload service shall be voluntary whether it occurs within or outside of the academic semesters of the 156* day academic calendar.

However, “when such work is necessitated or expected by virtue of job requirements by District policy, by state mandate, appointment to committee work, and is/or assigned by an administrator outside the academic semesters of the 156* day academic calendar, then members shall be compensated according to the applicable provisions of this article related to payment for overload.” (See FA, AFT 6157 Appendix D-5.) So please remember, if you are doing any type or form of committee work during the summer, you are entitled to payment for that activity. Do not let an administrator say that you won’t be paid to attend a Budget committee meeting or a hiring committee meeting because it is voluntary—it is not.

In addition, the definition of workload and assignments is addressed in Article 12, 12.1 Workload, Definitions and Provisions. An instructional assignment is an activity that results in awarding of academic credit by the college. Each and every instructional assignment shall either be counted as part of the assigned load or counted as part of a voluntary overload assignment, exclusively.

So, if you expect to work this summer, make sure your dean understands your rights to payment for committee work. If, instead, you plan to take the whole summer off, have a good one!

3. Adjunct Faculty: Right to Collect Unemployment over the Summer
by Barbara Hanfling, FA, AFT 6157 Executive Director

Adjunct faculty have the right to collect unemployment (UE) over summer, based on a Supreme Court decision filed by the CFT called Cervisi et al vs. Unemployment Insurance Appeal Board. The Superior Court stated the following: “…the assignment form issued to the instructors stated that: ‘employment is contingent upon adequate class enrollment.’” The Court also held that the record established that the offers of employment made by the school employer were “contingent on adequate enrollment, funding, and the approval of the District’s Board of Governors.”

The Superior Court concluded that “under the statute, an assignment that is contingent on enrollment, funding, or program changes is not a ‘reasonable assurance’ of employment.” If you wish to collect unemployment, you must apply in a timely manner. Therefore, it is important that you access the unemployment board web site for all the information you might need.

Pleases remember that even if you have a contract for teaching for the fall semester, you must answer no to the question of whether you have a guarantee to work. That contract is not a guarantee as you know; you can be bumped from this contract. You may want to mention the Cervisi decision listed above when you are applying for UE benefits. Please feel free to contact the FA, AFT 6157 if you have any questions, and consult the following sites for more information: