St. John’s-AAUP Newsletter

Fall 2017

In this Issue:

 

The Proposed 2017-19 Contract

Family Health / Jr. Faculty Initiatives

Adjunct Health Reminder

Overtime and Forced Overload

Recognition Pay

Sexual Misconduct and Article 10

Intellectual Property

Professor of the Practice in Tobin

Join SJU-AAUP

SJU-AAUP Chapter Meeting on Monday, Nov 13, common hour.

2017 Election Results

 

 

The Proposed 2017-19 Contract

The most noticeable fact about the proposed contract is that it is short: 2 years. The reason is the economic uncertainty created by Gov. Cuomo’s Excelsior Program to provide free tuition to state colleges and universities for students whose family income is less than $125,000. The effect on this year’s Fall 2017 incoming class has been a drop of about 100 students, or about a 1.7 million dollar shortfall. (St. John’s budgets about $17,000 income for each student). The administration is unsure what the effects on next year’s incoming class might be. As a result, contract negotiations were stunted.

 

The new faculty contract would include 2.25% raises for each year, and no cuts in current health/benefit packages---including the adjunct health assistance program. It also includes several quality-of-life improvements for fulltime faculty, such as a tenure-clock delay for care of children or elderly family members. Jr. tenure-track faculty were also given permission to petition the Provost for a one-semester reduction in teaching after their 3rd year review (ie: the potential for a full-semester Jr. faculty research leave). Increases for adjunct rank promotion were also increased to a minimum of 2.25%, in addition to base salary raises. The Core faculty were included in the "Alternative Responsibility" Appendix I, which allows them to apply for a 3/3 teaching  load.

 

Longstanding union initiatives for teaching parity across the colleges and internship/mentoring remuneration, both of which have significant economic impacts, remain unresolved but will be pursued in future negotiations or in current Labor/Management Committee discussions.

 

Contract negotiations generated several significant changes to faculty life, each of which are discussed in greater detail in this newsletter:

            Jr. Faculty Tenure Clock Delay for Child & Eldercare

            Jr. Faculty Research Leave Application

            Jr. Faculty Affordable Housing Opportunities

            Reduced Workload Arrangement for Tenured Faculty

            Improved Intellectual Property Policy

            Faculty Sexual Misconduct and Article 10

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Family Health / Jr. Faculty Initiatives

At the behest of the Executive Council of our chapter of the AAUP, the SJU-AAUP conducted a survey of family health needs at St. John’s in the fall of 2016. The survey was designed by Barbara Koziak (Gov & Politics), Fred Cocozzeli (Gov & Politcs), and G. Ganter (English). It had a significant response rate---250 faculty, fairly evenly represented among colleges, adjuncts, fulltimers, men, and women. (Survey results are available via the SJU-AAUP website). The survey results allowed AAUP to propose a number of issues about family health during the contract negotiations with promising outcomes.

 

The good news is that both the administration and the unions seem to have discovered a language of mutual interest that may lead to some long term improvements in faculty life. Of particular interest are upcoming discussions in the Labor/Management Committee about the possibility of reducing the financial contribution of post-2003 faculty who pay a portion of their health care premiums.

 

The outcome of our AAUP survey was significant in several concrete ways, some of which are included in the contract and Statues, some not. The first is a tenure-clock delay for Jr. faculty for the birth or adoption of a child. This may be renewed up to two times. Jr. faculty who provide eldercare may extend their tenure clock by one year. (Statutes 9.02 e & f).

 

Tenured faculty who wish a reduced teaching load at a reduced salary may apply to the Provost with the support of their P&Bs. (Art. 9.24, p. 23). These arrangements are envisioned as lasting only one year, but they may be renewed. Although these faculty forgo all health benefits, some faculty with alternative financial resources may find this an agreeable option for a variety of reasons.

 

Another significant change to the contract is the addition of a clause allowing Jr. faculty to apply for a research leave (one course or more) after a successful 3rd year review and with the support of their P&Bs. (Art. 13.01c, p.34).

 

Another important consequence of the AAUP Family Health Survey, although not technically part of the contract, was the inception of a Jr. faculty housing initiative with reduced rent. Young faculty at St. John’s face starting a professional life in one of the most expensive areas in the country. This anxiety has recently resulted in the loss of some first choice candidates at St. John’s. In response to union requests, the university reached out to local landlords to negotiate low cost faculty housing in some vacant apartments near the campus. It has currently found two apartments nearby St. John’s to be used for new faculty hiring. The administration hopes this program will grow in years to come.

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Adjunct Health Assistance Reminder

The administration continues to provide annual health insurance assistance to adjuncts who teach regularly at St. John's. Payments may be up to $1500 a year.  Faculty must apply by January 31st each year. See Art. 15.13, p. 46. Here is a link to the short application form, which must be notarized. Contact Mirian Cepeda (cepedam@stjohns.edu) at Human Resources if you have questions---it is an easy process to apply.

 

Here are the qualifications, according to the Human Resources office:

(1)    The adjunct must be a “continuing adjunct” as defined in the contract—see “Appendix C”, p. 80)

 

(2)    They must complete a certification no later than January 31 of the year following the year they request the reimbursement. So if they are applying for academic year 2017-18 they have until January 31, 2018 to apply. The payment would be made on the next pay, the February 15, 2018 pay

 

(3)    Adjuncts who want to apply for 2017 can, but we [the payroll office] would not make the payment until February 15, 2018. We are only required to make the payments once a year, and that is the time period we have chosen as it is after the year that reimbursement is being requested has ended.

 

Graduate Student Adjunct Health Benefits

Graduate students who teach are eligible for health care through the university at $1810 a year: http://www.stjohns.edu/admission-aid/tuition-and-financial-aid/tuition/health-insurance

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Overtime and Forced Overload

Because of university austerity, the caps on faculty teaching overload remain in place for this contract. Faculty whose department curriculum obliges them to teach more than 9 credits, however, will be exempt from these caps. Such exemptions will be rare, and limited mostly to Pharmacy and Business.

 

Most faculty are supposed to teach a minimum of 9 credits per semester (or 12 credits in CPS and the Core). For faculty who teach more than the minimum, the formula for overtime pay is 1/36 of the faculty members' salary per credit, but starting in the 2014-17 contract, that amount was "capped" at a maximum of $8550 for a three credit class (Art. 9.12bii, p. 20). (Summer pay and substitute teaching still get the full 1/36/credit pay.)

 

However, faculty in several colleges are occasionally "forced" to teach overtime because of the credit structure of their college’s curriculum. For example, in Pharmacy, faculty might teach two 4-credit classes, resulting in 8 credits. Their minimal obligation is to teach 9 credits, so if they take on another 3 credit class, they are actually teaching 2 credits "overtime." If this situation is a result of their college's curriculum, not faculty choice, this is a "forced" overload scenario and the proposed contract exempts these faculty from the overtime cap.

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Recognition Pay

Our university's system for awarding Recognition pay has undergone several transformations in the past several contracts (Art. 14.03, p.38). Faculty have rightfully complained that the system is still quirky and unreliable---a particularly bad situation for faculty who publish books or who otherwise earn national recognition for their research.

 

The bad news is that because of tight university finances, the amount of money available for Recognition pay has been frozen at the 2016-17 levels for the next two years of the proposed 2017-19 contract.

 

The good news is that the faculty/Dean award committees in the colleges have been freed to make awards as they see fit to as many of the faculty as they can---there is no longer a formal limit to make awards to only 30% of the faculty. Also, for the first time, service will be recognized, but not at the expense of research and teaching: awards are to be made according to "research, teaching, and service in that order."

 

Although the money available to be distributed in each college is likely less than in previous contracts, the award committees will be able to address a wide variety of faculty contributions to the school.  

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Faculty Sexual Misconduct and Article 10 of the Statutes

Over the past five years, both faculty disciplinary boards and the administration have been unhappy with the existing system to handle allegations of faculty sexual misconduct. During the last contract, such cases were initially handed over to the Office of Human Resources (HR) for initial investigation. Findings were then turned over to the normal faculty disciplinary committees described in Article 10 of the Statutes, who reviewed the case, and where necessary, determined innocence or recommended sanctions. In several tough cases, however, the faculty committees were frustrated that they could not call more witnesses to clarify elements of the HR investigation. University counsel was upset because it had to broker disputes between the faculty and administrative HR teams within the university. Mario Cuomo’s 2015 “Enough is Enough” law 129B, described in the Fall 2015 newsletter, made further state requirements about speed and fairness of such investigations that intensified intra-university jurisdictional disputes.

 

As a result, Article 10 of the Statutes was overhauled to include a separate subsection on faculty sexual misconduct (Art. 10.05). The principal change was removing HR from the investigation and giving the case to outside investigators, mutually vetted by the unions and the administration. HR maintains an advisory role but does not interfere with the outside investigation. The investigators are charged with moving quickly and fairly, and their findings are turned over to the faculty Investigation committee (a normal Article 10 committee), who may request further information of the outside investigators. The Investigation Committee’s report is given to the President’s office/University Counsel, who then may determine that the case is closed. Otherwise, cases are then forwarded to the faculty Hearing and Deciding Committee for its recommendations. The Personnel Committee of the Board of Trustees takes the report of the Hearing and Deciding Committee and makes the final decision about the case. Appeals may be made to the entire Board of Trustees, with the recusal of the Board Personnel Committee.

 

One of the complications of redrafting of Article 10 is the shifting legal landscape posed by both the state and federal law. Currently, both New York state and the federal government require that schools evaluate these cases according to “the preponderance of evidence,” which is a weaker standard of proof than “clear and convincing evidence.” The federal government has changed its recommendations to schools several times in the past decade, and the current Secretary of Education, Betsy DeVos, has said that the federal government may again change its regulations in the near future by withdrawing the “Dear Colleague” protocols of 2011.

 

The result for our proposed contract has been a general statement in most Art. 10 proceedings that faculty are innocent until proven otherwise; the administration has the burden to prove an accusation; and that the standard of evidence shall be “clear and convincing” (Art. 10.09). For sexual misconduct cases, however, the standard of evidence must conform to federal and state law, which is currently “preponderance of evidence.”

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Intellectual Property Policy

At the December 2017 chapter meeting of the AAUP, a number of faculty voiced concerns that the school’s Intellectual Property policy seemed to have been made with no faculty consultation at all. (Indeed, for practical reasons, many university policies, including the Statutes, are drafted and voted upon by the Board of Trustees without faculty or union consultation.) Faculty at the chapter meeting were afraid of rumors that anything they typed on a university computer was owned by the university. Fortunately, such rumors turned out to be untrue, but formal review of the Intellectual Property policy was a large part of contract discussions as part of faculty workplace conditions.

 

Discussions were productive and the administration freely acknowledged that some parts of its policy were obsolete. These passages, which made sweeping claims of perpetual university ownership on faculty inventions, were removed or modified. The unions were also successful inserting a new category of revenue for faculty inventions (lower than $250,000) where faculty hold the largest share in the initial returns on an invention. Of particular concern for faculty publishing (not inventions), all copyrighted works are exclusively that of faculty members. Although the Intellectual property policy is technically not part of the contract, for the first time faculty have been asked to review it as part of their workplace conditions.

 

The stakes in the Intellectual Property policy are all about how to fund faculty incentive to reward both the university and its faculty inventors. One may ask the simple question, “why don’t faculty have the right to all the money their inventions make?” The answer is that all faculty work in the context of resources shared with the university---labs, offices, computers, and students. Different universities award varying proportions of funding to inventors but most recognize the role of shared resources.

 

In contrast to university profit-sharing practices, most businesses adopt a “work-for-hire” policy where all employees’ inventions are strictly owned by their employers, such as Verizon or IBM. This model likely reduces incentive to invent while an employee. The challenge for universities is to find a happy middle ground.

 

Simon Moller, Vice Provost for University Research, has been charged with finding ways of turning inventions into a revenue stream for the cash-strapped university. Because it takes a large amount of money (hundred of thousands of dollars) to bring any invention to market, St. John’s revenue sharing table awards large amounts of income from a potential invention to faculty members’ department and college to provide across-the-board incentives to support such work. Vice Provost Moller hopes that in the future St. John’s will reap large rewards for successful inventions, but unfortunately we have yet to do so.       

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Professor of the Practice in Tobin

Prior to the proposed contract, the Faculty Council of the Tobin College of Business and the Board or Trustees both voted to inaugurate a new faculty line at the college---Professor of the Practice, or “PoPs” (Statutes 7.33-7.37; Contract 9.05 p. 7).  These lines have been used at many business schools across the country to provide student access to successful professional mentors.

 

The controversy about them is that these are not research positions---they are teaching positions. If they were to accumulate in number, they might work against the academic principles of a research university---knowledge pursued for its own sake. Because this is a new faculty line, the unions proposed that St. John’s limit the number of PoPs to 10% within a given department (Contract 4.03, p. 8). In an open forum on Oct 2, 2017 faculty in Accounting complained that this unfairly limits the number of PoPs that a department may need. The unions feels that this may indeed be a concern and they are certainly willing to revisit the percentage at a later date.

 

In some ways Accounting is not a representative department in a Business school. Because of the nature of their professional work, there are few PhDs in Accounting, and because of their scarcity, they command an astonishing starting salary. Business school Deans across the country scratch their heads wondering how they can afford to hire even one Accounting PhD at the going rate, much less several. It may be the case that some departments, like Accounting, deserve special consideration in future contracts.

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Labor Management Committee

Pursuant to the proposed contract, the Labor Management Committee will be meeting in the Fall 2017 to discuss issues of longstanding concern to both faculty and administration. This committee was established during the 2011-14 contract but it met only a few times. The committee is designed to broker issues on gray areas of the contract where timely workplace decisions have to be made.

 

The topics of upcoming meetings will focus on several issues. One of the most vexing is the issue of internship compensation at CPS, and faculty mentoring in general. Different programs across the university use internships in different ways. In some colleges, there has been no faculty compensation for supervising internships, in others they are compensated with varying practices. At present there is no system to reward most advising and mentoring at the university—all faculty supervise student thesis and dissertation work with no compensation.  

 

Other issues include defining the roles of Directors, Co-Ordinators, and Faculty Administrators. At present, the university has been operating under the "Bonaparte memo," written during the late 1990s, which defines and limits the powers and responsibilities that Faculty Administrators have. Recent additions of numerous types of program Directors have complicated the issue: many departments are composed almost entirely of Directors and Co-Ordinators who serve at the pleasure of their Deans, and whose presence complicate department politics. The initial union attempts to redefine these roles during negotiations for the 2017-19 contract were withdrawn due to strong faculty complaint. The unions plan to consult with department chairs, Directors, Co-Ordinators, and faculty carefully as they draw up a new plan.

 

Other major topics for discussion will include a plan for a standardized 3/3 load for faculty who currently teach 4/4. Also, the unions have asked for a plan for the university to begin paying more of the post-2003 faculty member's contributions to the university health plan.

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Join National AAUP Via the “Non-Collective Bargaining” Path

Supporters of the local chapter must also pay dues to the National AAUP to be eligible to vote in SJU-AAUP chapter meetings and elections. Because SJU is the only AAUP chapter in the nation which does not automatically collect dues from payroll on behalf of the membership, AAUP currently asks St. John’s members to join or renew their National membership through the “non-collective bargaining" payment path on their website.

 

SJU-AAUP does not automatically collect National AAUP dues because our bargaining unit is composed of two unions---The SJU-AAUP, and the Faculty Association (FA). The reasons for this continuing relationship is sketched in the Fall 2008 SJU-AAUP Newsletter. 

 

Rest assured, National AAUP knows we are an important chapter---in 1970, we were the first private university in American history collectively bargain---but their website, which was massively overhauled to comply with IRS law in the past several years, does not yet reflect that fact. As compensation, however, our local chapter is emailed a list of our national members in good standing, and we now personally remind our members just before their national membership lapses.

 

You can join the National AAUP here, and use the “non-collective bargaining” pathway:

http://www.aaup.org/membership/join

 

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SJU-AAUP Chapter Meetings

Mark your calendar for an SJU-AAUP Chapter meeting on Monday, Nov 13, 2017.  The location will be announced shortly with video-conferencing to Staten Island.

 

All faculty are welcome to our upcoming chapter meetings, but only local and National AAUP members may vote.

 

If you wish to vote, faculty must support both the local and national chapters (local support is $20 adjunct / $50 fulltime; national dues between $58 - $258, depending on rank). To renew with SJU-AAUP, login on the upper right (if you’ve forgotten your password, the website will send one to you in seconds), then click “view profile” on the upper right of our website. Whether you pay online or send a check, please register through our website.  

 

Faculty new to St. John’s may be confused by our two faculty unions: since our historic unionization in 1970, the SJU-AAUP, and the Faculty Association were established collectively bargain the contract on behalf of faculty. The Faculty Association (FA) is completely distinct from us although we work together. Faculty may join one union, both, or neither---we advocate for all faculty regardless of whether they have paid us dues.  Here is a short background on the history of SJU’s two-union system, and an explanation why it is difficult to combine our two unions in the current climate of review by the National Labor Relations Board.

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2017 SJU-AAUP Election Results

In the April 2017, nominations for the 2017-19 terms were uncontested and the following representatives were elected:

 

Chapter Officers:

President                   Frank Le Veness     levenesf@stjohns.edu        ext. 5720

 

Vice President          Somnath Pal             pals@stjohns.edu                ext. 1633

 

Secretary                   John B. Greg             gregj@stjohns.edu              ext. 2053

(Corresponding)

 

Secretary                   Caroline Fuchs        fuchsc@stjohns.edu           ext. 5050       

(Recording)

 

Treasurer                   Granville Ganter       ganterg@stjohns.edu         ext. 5617                   

 

Executive Council:

College of Professional Studies   

                                    Catherine Ruggieri  ruggierc@stjohns.edu        ext. 4385

School of Education

                                    Yvonne Pratt-Johnson prattjoy@stjohns.edu     ext 2645

 

Pharmacy & Allied Health 

                                    Frank Barile              barilef@stjohns.edu            ext. 2640

 

Library                        William Keogan        keoganw@stjohns.edu       ext. 6721

 

Tobin College of Business

                                    Joseph Giacalone    giacaloj@stjohns.edu         ext. 7301

 

St. John's College   Fred Cocozzelli        cocozzef@stjohns.edu       ext. 5267         

 

At Large                     Barbara Koziak        koziakb@stjohns.edu         ext. 5044       

 

At Large                     Kathryn Shaughnessy  shaughnk@stjohns.edu ext. 1454

                       

At Large                     Charles Traina          trainac@stjohns.edu           ext. 6166