1 PSU Undergraduate Teaching Lecturers COLLECTIVE

PSU Undergraduate Teaching Lecturers

COLLECTIVE BARGAINING AGREEMENT

University System of New Hampshire Board of Trustees

Plymouth State University

State Employees Association, SEIU, Local 1984

August 18, 2022 to June 30, 2025

Table of Contents

Article 1

Recognition

Article 2

Non-

Discrimination 4

Article 3 Management Rights 5

Article 4 Association Rights 6

Article 5 Dues Deduction 8

Article 6 Academic Freedom 10

Article 7 Notice 10

Article 8 Grievance Procedure 11

Article 9 Discipline 16

Article 10 Workload 17

Article 11 Appointments and Assignments 19

Article 12 Faculty Performance Evaluations 24

Article 13 Personnel Files 26

Article 14 Salary 27

Article 15 Benefits 29

Article 16 Open Positions 30

Article 17 Intellectual Property 31

Article 18 Health & Safety in the Workplace 32

Article 19 Equipment 33

Article 20

Lecturer-University Committee

Article 21

No Strike or Lockout

Article 22 Savings Clause 34

Article 23

Duration

ARTICLE 1

RECOGNITION

The University recognizes the State Employees’ Association, SEIU Local 1984 as the

exclusive bargaining representative for all undergraduate Teaching Lecturers who are employed

at the University and who have taught at least five (5) semesters in the last five (5) years, or who

have currently begun their fifth semester of teaching and have taught four (4) semesters in the

last five years. Excluded from the unit are all other Teaching Lecturers, all full time employees,

all research faculty, all graduate assistants, all student teaching supervisors, all performance

studies instructors and all other supervisors, managers and confidential employees, as more

accurately described in PELRB Decision #2012-006, dated January 5, 2012.

For the purposes of this Article, the term “semester” shall include any period of time in which

students are awarded credit for a full 16-week semester, or its equivalent, and that is considered

as a full teaching term in the University’s Student Information System. As of the date of this

Agreement, the following are considered full teaching terms: Fall semester, Spring semester,

and Summer.

ARTICLE 2

NON-

DISCRIMINATION

1. The University shall not to discriminate against any faculty member because of race, sex,

color, disability, religion, age, marital status, national origin, sexual orientation, disabled

veteran status, Vietnam veteran status, or membership or non-membership in the Union,

or any other protected class designated by federal or state law.

2. In compliance with the Genetic Information Nondiscrimination Act (GINA) of 2008,

University faculty members are protected from discrimination in employment based on

genetic information. Genetic information includes information about genetic tests of

applicants, employees, and/or their family members, the manifestation of diseases or

disorders in family members (family medical history); and requests for or receipt of

genetic services by applicants, employees, or their family members. Under GINA

regulations, acquisition of genetic information is restricted and disclosure of genetic

information is strictly limited.

ARTICLE 3

MANAGEMENT RIGHTS

1. The parties agree that all the rights and responsibilities of the University and of the

USNH Board of Trustees which have not been specifically provided for in this

Agreement or limited by law are retained in the sole discretion of the USNH Board of

Trustees or as delegated to the University System and to the University and, subject only

to specific limitations in this Agreement, shall include but not be limited to the following:

a. The right to direct and assign work to Teaching Lecturers and to evaluate such work;

to determine the qualifications and hiring criteria for Teaching Lecturers; to

determine the standards of work; to hire, transfer, assign, retain Teaching Lecturers in

position; to determine the need for and number of Teaching Lecturers to be hired; to

grant leaves; to determine fitness for duty; to suspend, discharge or take other

disciplinary actions against a Teaching Lecturers.

b. The right to determine the means, methods, budgetary and financial procedures, and

personnel by which the University’s operations are to be conducted;

c. The right to take such actions as may be necessary to carry out the missions of the

University in case of emergencies

d. The right to take such actions as necessary to ensure the safety and welfare of faculty,

students and other employees of the University

e. The right to make rules, regulations and policies not inconsistent with the provisions

of this Agreement; to modify such rules, regulations and policies from time to time

with due notice to the Teaching Lecturer; and to require compliance therewith.

The University’s failure to exercise any right or function reserved to it shall not be

deemed a waiver of its right to exercise same.

2. The application of such management rights shall be subject to the provisions of the

Grievance Article only to the extent it is alleged that such application has violated a specific

provision of this Agreement.

ARTICLE 4

ASSOCIATION RIGHTS

1. Union representatives shall have reasonable access to the University’s facilities for the

transaction of necessary Union business relating to this Agreement so long as normal

business and classroom activities are not disrupted or attempted to be disruptive.

2. The University shall not unreasonably deny Union requests for suitable meetings space in

University-owned or controlled buildings for meetings with the unit members covered by

this Agreement. The Union agrees to comply with all University regulations and policies

regarding the use of University facilities, including following proper procedures for

reserving meeting rooms.

3. Teaching Lecturers shall be provided with an e-mail address on a University server to

communicate with students, administrators and other faculty. In addition, Teaching

Lecturers as a group shall have access to web space to construct and maintain their own

website (currently Moodle) in furtherance of their University-related activities. The use

of such email by a Teaching Lecturer for Union business shall be limited to notices and

communications regarding this bargaining unit and Agreement. Any such

communications shall be so designated as official Union business. All Teaching Lecturers

agree to comply with any University or USNH computer use policies and procedures.

A Teaching Lecturer shall have access to their Plymouth State University electronic mail

for 270 days following the end of their last appointment.

Prior to the expiration of the 270 days, the Teaching Lecturer may choose to provide their

Program Coordinator or Designated Personnel Evaluator with a personal electronic mail

address for purposes of future contact. The University will make this electronic address

readily available to colleagues and students.

4. The University shall provide the Union with a listing of all bargaining unit members no

later than October 1 for the Fall semester and no later than March 1 for the Spring

semester. This list shall include:

a. The name and home address

b. PSU email

c. Number of semesters of service as a Teaching Lecturer

d. Current per credit rate

e. Department

5. If a unit member is elected or appointed to the position of President with the State

Employees Association, SEIU Local 1984, he/she shall be granted up to a two year leave

of absence with pay beginning two weeks after written notice by the Union to the

President and Director of Human Resources. During such leave with pay, the President of

the Union shall receive the pay he/she received in the previous academic year, provided

that the Union will reimburse the University for the full cost of such salary and shall

indemnify the University against any and all liabilities associated with the leave of

absences, including by not limited to workers’ compensation.

6. When a Teaching Lecturer is elected or appointed to the position of director and/or

officer of the Board of Directors for the SEIU, Local 1984, he/she shall indicate any

unavailability for classes in filling out his/her teaching availability form due to such

election or appointment. If a meeting of the Board of Directors happens to conflict with a

scheduled class or classes during the academic year, the Teaching Lecturer shall make

alternative arrangements either through online work or class coverage at no cost to the

University. In all cases, the Teaching Lecturer must notify his/her Program Coordinator

or Designated Personnel Evaluator of the anticipated missed class and indicate what

arrangements have been made to either cover or make up the class.

7. A Teaching Lecturer who also is designated as a Union steward may attend Union

training meetings from time to time. If a training session(s) happens to conflict with a

scheduled class or classes during the academic year, the Teaching Lecturer shall make

alternative arrangements either through online work or class coverage at no cost to the

University. In all cases, the Teaching Lecturer must notify his/her Program Coordinator

or Designated Personnel Evaluator of the anticipated missed class and indicate what

arrangements have been made to either cover or make up the class.

8. The Union shall provide the University with a list of all Union officers and stewards

representing covered employees by September 1 of each year. Updated information

pertaining to stewards’ responsibilities and appointments shall be provided as applicable.

9. A Teaching Lecturer shall be entitled to Union representation at an investigatory

interview or meeting if requested by the employee when that employee reasonably

believes that the interview or meeting may result in disciplinary action against him/her.

The University shall endeavor to schedule such meetings at a time that does not conflict

with the Union representative’s teaching schedule.

ARTICLE 5

DUES DEDUCTION

1. The Union shall be entitled to have payroll deductions for membership dues from any

Union member in the unit who indicates in writing that s/he wishes such deductions to

be made.

2. The Union shall establish and certify in writing to the University Office of Human

Resources the percentage of salary that constitutes Union membership dues. The payroll

deduction authorization form shall also be provided by the Union to the University.

3. The University shall deduct from the paycheck of each bargaining unit member who has

submitted the aforesaid payroll deduction authorization form the percentage for union

dues that has been certified to the University by the Union.

4. When the Union members vote for a change in Union dues, which necessitates a

modification of payroll deductions, and the Union wishes to implement such

modification, it shall furnish a certificate evidencing the authorizing vote to the

University administration, together with a written request for the modification in payroll

deductions. The certificate shall be signed and sworn to by the Secretary to the

Association with the Corporate Seal. To the extent that action is necessary by the

University to implement the dues deductions, the University shall make reasonable effort

to ensure that the payroll deductions are put into effect as soon as practicable.

5. Members of the Union on the effective date of the Agreement shall be notified in writing

by the Union that they must retain their membership throughout the period of the

Agreement, except that each member shall have the opportunity annually to withdraw

membership during the fifteen (15) day period commencing with the anniversary dates of

the member’s employment. The withdrawal shall be in writing, postmarked no later than

the end of the 15 day period and addressed to:

State Employees Association of NH, SEIU Local 1984

207 North Main Street

Concord, NH 03301-3303

6. On or about the 15

of the month following the deductions, monies so deducted by the

University shall be transmitted by mail or electronically to the Union Treasurer or other

Union designee. Such deductions shall continue until instruction to cease payroll

deductions is given in writing by the Teaching Lecturer to the University Office of

Human Resources.

7. The Union shall indemnify, defend and otherwise hold the University harmless against

any and all claims, demands, suites or other forms of liability that shall arise out of or by

reason of action the University takes pursuant to this Article.

8. Under no circumstances shall the University be liable to the Union for the membership

dues owed by a Teaching Lecturer to the Union.

ARTICLE 6

ACADEMIC FREEDOM

1. Subject to the terms of this Agreement, Teaching Lecturers shall retain academic freedom

in the course of their classroom teaching, and, if so assigned, in their scholarship,

research or creative work.

2. In the classroom, the Teaching Lecturers’ exposition shall be guided by the course

description and syllabus, requirements of effective teaching, and adherence to academic

and professional standards. The Teaching Lecturers may discuss his/her own subject

matters in the classroom. However, s/he may not introduce into and inappropriately

advocate for in the classroom controversial matters that have no relation to his/her

subject.

3. In speaking and writing outside the University, Teaching Lecturers shall not attribute,

directly or indirectly, his/ her personal views as those of the University, unless expressly

authorized in writing by the University to do so. As persons in a learned profession,

Teaching Lecturers should remember that the public may judge their profession and their

institution by their utterances. Hence, they should at all times strive to be factually

accurate, should exercise appropriate restraint, show respect for the opinions of others,

and should make every effort to indicate that they do not speak for the institution. These

provisions shall not restrict a Teaching Lecturer’s rights to freedom of expression under

state and federal law.

ARTICLE 7

NOTICES

1. New or revised policies or procedures that affect working conditions will be

communicated to the Teaching Lecturers, including local Teaching Lecturer Union

representatives, in a timely manner. Where possible, the University will provide the

Union with advance notice of any new policy. The Union may ask for a meeting to

discuss the new policy within a timely manner.

2. Nothing precludes the right of the University to implement the aforesaid policy, subject

to any challenge by the Union.

ARTICLE 8

GRIEVANCE PROCEDURE

1. The parties agree that the orderly process hereafter set forth shall be the method for

resolving grievances and disputes arising with respect to the interpretation or application

of any provision of this Agreement. It is the objective of the parties to this Agreement to

encourage the prompt and equitable resolution of grievances where possible, and to

attempt to do so at the lowest possible level. No member of the bargaining unit shall be

subject to reprisal for using the Grievance Procedure or for participating in the resolution

of a grievance.

2. General Provisions

a. A “grievance” is any dispute or difference concerning the interpretation, application,

or claimed violation of a specific provision(s) of this Agreement.

b. A grievance shall be filed within twenty-one (21) calendar days from the time the

grievant knew or should have known of the alleged violation.

c. A grievance may be initiated by a member or a group of members of the bargaining

unit or by the Union. A “grievant” can be a faculty member, group of faculty

members of the bargaining unit or the Union.

d. In cases where the Union contends that an administrative action affects multiple unit

members and is alleged to be a violation of the Agreement, it may file the grievance

at Step 3 with the Provost.

e. Failure by the Grievant to comply with the time limitations of Step One shall preclude

any subsequent filing of the grievance.

f. Failure by the Grievant at any step of this procedure to appeal the grievance to the

next step within the specified time limits shall be considered acceptance by the

Grievant of the decision rendered at the last step.

g. Failure by the University at any step to communicate its response within the specified

time limits shall permit the Grievant to proceed to the next step.

h. The time limits in this Article may be extended by mutual agreement between the

grievant and the University. In the event that a time limit expires on a Saturday,

Sunday or holiday, such time limit shall be extended to the next regular business day.

i. The Union may withdraw a grievance at any point in this procedure.

j. A Union steward may assist a grievant in processing a grievance. In so doing, the

steward shall be given the opportunity to discuss the matter with the grievant and

such other unit members who may have information bearing on the matter prior to

presenting the grievance, provided the time limits in this Article are followed and

provided further that such assistance and discussion does not interfere with teaching

classes or other work responsibilities. A Union staff person may also assist the

steward in this regard.

k. No grievance resolved through the informal process shall constitute a precedent for

any purpose unless agreed to in writing by the University and the Union.

l. Any reference to “days” shall mean calendar days, unless otherwise specified.

m. The filing or pendency of a grievance under the provisions of this Article shall not

prevent the University from taking the action complained of, subject, however, to the

final decision of the arbitrator.

n. Nothing in this Article shall be construed as an abrogation of the right of any covered

employee to present an oral grievance without the intervention of the Union in

accordance with RSA 273-A:11 (a).

3. The parties agree that, except as otherwise specifically provided in this Agreement, the

orderly process hereafter set forth shall be the sole method used for the resolution of

grievances. The parties agree, however, that claims of discrimination under this

Agreement under the Non-Discrimination Article may be processed in accordance with

University’s EEO policies and procedures. This process, which involves formal

investigation of the allegations of discrimination, will result in a decision by the

University as to whether discrimination has occurred or not. If discrimination is found by

the University, appropriate steps will be taken to address the discrimination. If

discrimination is not found, nothing shall preclude the Union from appealing any final

University decision on such a claim directly to arbitration within forty-five (45) days of

that final decision.

4. If a grievance is filed under this Article, neither the Grievant nor the Union shall file or

process any unfair labor practice charge under RSA 273-A:5I(h) alleging that the

Agreement has been breached by the University’s conduct giving rise to the grievance.

5. A grievance shall be considered to be formally filed when it is submitted to Step One of

this procedure.

6. Procedure

Informal Consultation

The Grievant shall attempt to solve his or her grievance speedily and informally by

meetings between those directly affected.

a. Step One – Program Coordinator or Designated Personnel Evaluator

i. If this informal discussion has failed to achieve a satisfactory resolution of

differences, the Grievant may file a grievance at Step One with his or her Program

Coordinator or Designated Personnel Evaluator. The grievance must be filed

within twenty-one (21) days after the Grievant has become aware of, or

reasonably could have known about, the action(s) being contested. The

submission should describe the basis of the grievance, the relevant facts,

provisions of the Agreement alleged to have been violated, the adjustment sought

and documents supporting the grievance.

ii. A Step One meeting will be held by the Program Coordinator or Designated

Personnel Evaluator with the Grievant within ten (10) days of the submission of

the grievance. If the Grievant is an individual faculty member, then at his/her

option, the Grievant may be accompanied at this meeting by a representative of

the Union.

iii. The Program Coordinator or Designated Personnel Evaluator will have fourteen

(14) days from the meeting in which to answer the grievance in writing, with

copies to the Grievant and Union.

b. Step Two – Associate Provost

i. If the Grievant is dissatisfied with the Step One answer, the grievance may be

submitted to the Associate Provost at Step Two

ii. The grievance must be filed with the Associate Provost no later than fourteen (14)

days following the Program Coordinator or Designated Personnel Evaluator’s

answer at Step One. The written submission shall include a statement of all the

facts pertaining to the problem, specifying the Article(s) and Section(s) which

have allegedly been violated.

iii. The Associate Provost, or designee, will arrange for a meeting to take place

within twenty-one (21) days of the receipt of the Step Two grievance. The

meeting will include the Grievant, a representative of the Union, the Associate

Provost or designee and representatives of the University appropriate to the

problem to be addressed.

iv. The Associate Provost or designee will have fourteen (14) days from the meeting

in which to answer the grievance, with copies to the Grievant and Union.

c. Step Three – Provost

i. If the Grievant is dissatisfied with the Step Two answer, the grievance may be

submitted to the Provost at Step Three.

ii. The grievance must be filed at this step no later than fourteen (14) days following

the Associate Provost’s answer at Step Two. The written submission shall include

a statement of all the facts pertaining to the problem, specifying the Article(s) and

Section(s) which have allegedly been violated.

iii. The Provost, or designee, will arrange for a meeting to take place within twenty-

one (21) days of the receipt of the Step Three grievance. The meeting will include

the Grievant, a representative of the Union, the Provost or designee and

representatives of the University appropriate to the problem to be addressed.

iv. The Provost or designee will have fourteen (14) days from the meeting in which

to answer the grievance, with copies to the Grievant and Union.

d. Step Four – President

i. If the Grievant is dissatisfied with the Step Three answer, the grievance may be

submitted to the President at Step Four.

ii. The grievance must be filed at this step no later than fourteen (14) days following

the Provost’s answer at Step Three. The written submission shall include a

statement of all the facts pertaining to the problem, specifying the Article(s) and

Section(s) which have allegedly been violated.

iii. The President, or designee, will arrange for a meeting to take place within twenty-

one (21) days of the receipt of the Step Four grievance. The meeting will include

the Grievant, a representative of the Union, the President and representatives of

the University appropriate to the problem to be addressed.

iv. The President or designee will have twenty-one (21) days from the meeting in

which to answer the grievance, with copies to the Grievant and Union.

e. Step Five – Arbitration

i. Any grievance which has not been satisfactorily adjusted under the Grievance

Procedure may be submitted for arbitration by the Union within forty-five (45)

days of the President’s Step Four decision.

ii. The Union, within the aforesaid forty-five (45) period, may request a list from the

American Arbitration Association and selection shall be made in accordance with

the Voluntary Labor Arbitration Rules of the American Arbitration Association.

Nothing shall preclude the parties from mutually agreeing upon an arbitration. In

either case, arbitration will be conducted in accordance with the Rules of the

American Arbitration Association.

iii. The procedure for arbitration shall be as follows:

The Arbitrator shall have no power to add to, subtract from, modify or

disregard any of the provisions of this Agreement.

In the event the parties cannot agree upon a stipulated issue, the Arbitrator

shall have the authority to frame the question(s) submitted for arbitration, to

make an award and to fashion an appropriate remedy. In the event the

question before the Arbitrator is the arbitrability of the asserted grievance, the

Arbitrator shall first decide that issue and determine whether to hear the

substance of the case. The Arbitrator shall not be automatically disqualified

from hearing the substance of the case by reason of determining arbitrability.

Each party shall bear the expense of preparing and presenting its own case.

The compensation and expenses of the Arbitrator shall be borne equally by the

parties.

The decision of the Arbitrator shall be final and binding. However, both

parties shall retain whatever rights they have under the law to challenge the

decisions of the Arbitrator to the New Hampshire Public Employee Labor

Relations Board.

Unless otherwise mutually agreed, each arbitration hearing shall deal with no

more than one (1) grievance.

ARTICLE 9

DISCIPLINE

1. The University agrees that no bargaining unit member shall be suspended or discharged

without just cause. Discharge shall be the termination of a Teaching Lecturer’s

appointment prior to the expiration of that appointment.

2. The University also agrees that a decision to not to retain a unit member for misconduct

or failure to follow rules, regulations and policies of the University will also be subject to

a just cause standard. This standard will not, however, apply to decisions not to retain a

unit member for performance reasons or staffing or budget considerations

3. Written warnings are the first level of documented discipline. The University will not

issue written warnings to Teaching Lecturers arbitrarily or capriciously.

4. It is understood that the University, in addition to issuing disciplinary action, may also

include with such discipline reasonable remedial measures, when appropriate, with which

the Teaching Lecturer must comply, provided the remedial measures are rehabilitative

rather than punitive.

5. Discipline for purposes of this Article shall not include oral counseling or verbal

reprimands, nor shall it include performance reviews.

6. At the President’s discretion, a Teaching Lecturer may be placed on paid administrative

leave to permit the University to investigate potential or alleged misconduct that may

lead to discipline. However, being placed on such administrative leave shall not itself be

deemed discipline.

7. In cases where the administration is conducting an investigatory interview that the

Teaching Lecturer reasonably believes may lead to discipline, the Teaching Lecturer shall

have the right to have a Union representative present at the meeting. The administration

shall provide a reasonable notice of such meetings and the allegations to be discussed at

the meeting.

8. The University will adhere to the principle of progressive discipline. However, the parties

agree that every disciplinary matter must be judged on the basis of all surrounding

circumstances and that the penalty imposed may vary based on such circumstances. Some

acts of misconduct may warrant a more serious penalty and lesser sanctions may not be

appropriate.

ARTICLE 10

WORKLOAD

1. It is understood that the Teaching Lecturer reports to the Program Coordinator or

Designated Personnel Evaluator or his/her designee.

2. The workload of a Teaching Lecturer includes the following:

a. Effective teaching of the assigned course or courses in accordance with any

department or University guidelines as may be amended from time to time.

Professional expectations in connection with teaching at the University shall be the

same for Teaching Lecturer as those expected of full time faculty members as articulated in

other University policies, as may be amended from time to time.

b. Availability to students in the course for consultation, including providing reasonable

access by email and reasonable office hours of no less than one hour per week for

each course taught.

c. Attendance at any required department, College, School or University meetings

within one week of the start of classes.

d. Adherence to all department, College, School or University rules, regulations and

guidelines as may be amended from time to time.

e. On-going consultation and cooperation with the department as may be appropriate

regarding the integration of the course taught into the department’s curriculum and

any other related matters.

f. Completion of any mandatory training required by the University, including but not

limited to sexual harassment and discrimination training and the use of campus

technology.

3. A Teaching Lecturer will not teach more than twenty four (24) graduate or undergraduate

credits in an academic year (Fall or Spring). The Associate Provost may make exceptions

to this limit in his/her discretion when it is in the best interests of the University. Nothing

in this Agreement shall be construed to guarantee to any Teaching Lecturer a certain

number of credits per semester.

4. From time to time the University may separately contract with Teaching Lecturers to

complete a special project or to serve in some special capacity for the University for an

agreed-upon stipend and with Association approval.

5. While not part of normal work expectations, any Teaching Lecturer who is involved in

research or grant funding is subject to all University policies governing such work as well

as compliance with federal or state regulations and procedures that may be associated

with grant work.

6. Affordable Care Act

If future revisions or interpretations of the Affordable Care Act by federal government

agencies and/or the courts conclude that such a workload could be deemed “full time” for

benefit purposes under the legislation, the parties will reopen this Agreement to negotiate

over the impact of such interpretation or revision. In the event that the ACA is revised,

amended or repealed or altered in any significant manner, the parties agree to reopen this

agreement to discuss the impacts of said alterations of the ACA.

ARTICLE 11

APPOINTMENTS AND ASSIGNMENTS

1. All Teaching Lecturer appointments and assignments will be made by the Provost, or by

another appropriate administrator at the University, following the recommendation of the

Program Coordinator or Designated Personnel Evaluator. Appointments shall be made

on a semester or annual basis only and shall be limited in duration to the particular

semester or academic year for which the Teaching Lecturer is retained.

Except as otherwise specifically provided for in this Agreement, no appointment shall

create any right, interest or expectancy in any further appointments beyond its specific

term.

2. Teaching Lecturers who have served five (5) continuous years of University teaching

service and who are appointed for a sixth year shall receive an appointment for a full

academic year rather than semester assignments, and shall, upon request, receive a

letter documenting the appointment. Such appointments may include a varying

number of assignments based on the criteria of this article and it is understood that,

despite the annual appointment, a faculty member may receive no course assignments

for a given semester of that appointment year.

3. Each semester, the University shall determine the courses which need to be filled by

Teaching Lecturers and when such courses shall be offered. The University shall consider

the following factors in deciding whether a Teaching Lecturer will receive an available

assignment:

a. seniority

b. the credentials and qualifications (including sub-specialties and areas of particular

expertise) of current Teaching Lecturers, PSU faculty and staff, and other available

faculty from outside the University;

c. the teaching experience of current Teaching Lecturers, PSU faculty and staff, and

other available faculty from outside the University;

d. evaluations and work performance of Teaching Lecturers, and PSU faculty and staff;

e. the stated availability of Teaching Lecturers based on the submission of the

availability form referred to in Section 6 below and

f. the needs of the department.

g. legitimate educational objectives of the University

h. the existing modality of the course or its equivalent.

Such factors are not in order of priority.

Seniority, within the bargaining unit, will commence upon a Teaching Lecturer’s fifth

semester of employment as a Teaching Lecturer at Plymouth State University and continue

semester by semester.

4. The University agrees that any Teaching Lecturer who is not given an appointment due to

performance related reasons may grieve such decision under the Grievance and

Arbitration Procedures under the standard of whether the University acted arbitrarily or

capriciously.

5. Any Teaching Lecturer who is interested in teaching for a given semester or academic

year shall complete and submit a teaching availability form indicating his or her

availability for assignments for an upcoming semester which shall include the times and

days of the week he or she can teach and an indication of how many credits the Teaching

Lecturer would like to be assigned. Such availability form, attached to the contract as

Appendix A, shall be submitted no later than December 1 of the preceding academic year

for the subsequent Fall semester and no later than August 1 for the subsequent Spring

semester. The form shall be submitted to the appropriate Program Coordinator or

Designated Personnel Evaluator for her/his use in determining the upcoming course

assignments.

6. A form that is submitted late may still be considered by the University in its discretion,

but the failure to return the form by the deadlines in section 5 may render the Teaching

Lecturer ineligible for consideration for appointment for the semester being planned.

7. It is understood that the receipt of a teaching availability form by the University does not

obligate the University in any way to provide an appointment or a particular assignment

to the Teaching Lecturer, nor does the submission of the form guarantee either the

schedule or number of credits sought by the Teaching Lecturer.

8. While the University will endeavor to inform Teaching Lecturers of tentative

assignments as soon as possible, formal appointment letters with final particular course

assignments shall be sent to the Teaching Lecturers at least 30 days prior to the start of

the semester. However, any cancellation of a course assignment after August 1 for the

Fall or after January 5 for the Spring will result in a cancellation fee payment to the

Teaching Lecturer of 10%, unless the University reassigns the Teaching Lecturer to an

alternative course, in which case no cancellation fee will be paid. Any pay that has been

distributed by the date of the cancellation will be deducted from the 10% cancellation

fee.

9. The University, up to the end of the drop/add period, at all times retains the right to

decide whether or not a particular course will run due to enrollment, programmatic,

budgetary or other reasons.

10. A Teaching Lecturer who is not available for appointment or who otherwise does not

teach at the University for five semesters within a five year period shall no longer be

considered a member of the bargaining unit, except that this period may be extended at

the University’s discretion for up to an additional two semesters due to disability or child

rearing following the birth or adoption of a child.

11. Promotional Opportunity: Ten -Year Promotional Review to Senior Teaching Lecturer

After ten (10) years of consistent service, teaching a minimum total of one hundred

forty (140) credits and meeting certain requirements outlined below, a TL shall be

considered for promotion to the rank of Senior Teaching Lecturer.

This proposal seeks to create an environment in which TLs are encouraged to

follow the University motto Ut Prosim but also, through their service, better the lives of

their students and their community as well as their own station in the university

community through merit. It is designed for those TLs who not only have met the criteria

stated above but who have also demonstrated a service commitment to the University

over and above any teaching expectation.

Applying for a promotion to Senior TL is strictly voluntary. A TL who is

interested in being considered for Senior TL status will first file with the Provost an

Intent to Apply form in the Spring semester before they plan to apply. The Provost or

designee will convene a Promotion Review Panel. The Promotional Review Panel shall

include:

1. One full-time faculty member from same discipline or, if not

available, from the same Academic Administrative Unit;

2. One full-time faculty from different Academic Administrative

Unit.

3. One Teaching Lecturer

4. One member of Human Resources Team;

5. One member of Office of Academic Affairs;

Responsibilities of the Candidate:

• Bargaining Unit Members should apply for promotion when they have met the

minimum time in rank and are able to make a compelling case that they have met the

criteria for effective teaching and service.

Evidence of effective teaching may include but is not limited to the following:

• Assessments by members of the candidate’s Academic Unit or evaluator,

particularly if based on examination of course materials, team teaching experiences,

observations of the candidate’s teaching through class visitations, attendance at

lectures given by the candidate or on the results of the candidate’s teaching in

courses prerequisite to those of other department members.

• Evaluations of teaching by students, appropriately documented and interpreted, for

example through the use of student course evaluations, advising questionnaires,

postgraduate surveys, etc.

• Development by the candidate of new and effective techniques of instruction or

assessment and instructional materials, including textbooks. This may a lso include

the development and assessment of online courses and the effective transfer of

current courses to an online format.

• Evidence of course and syllabus development.

• Nominations, recognitions, and awards for distinguished teaching.

• Evaluations from service-learning partners.

• Evaluation of teaching by a co-instructor.

• Documentation of the utilization of cluster pedagogy by faculty professional

development and instructional design staff.

• Other evidence deemed relevant by the candidate.

Bargaining Unit Members who plan to apply for promotion must inform the evaluator and

the Office of Academic Affairs no later than April 15 of the academic year prior to the

year of application. Bargaining Unit Members should complete the online intent to apply

form.

Candidates who are to be evaluated for promotion must provide written permission for

their personnel file to be made available for consideration by evaluators at all levels.

Candidates should complete the Permission Form available on the Office of Academic

Affairs website and submit it to the Human Resources Office by October 15 of the year of

application.

Candidates must submit their completed electronic promotion in the university’s accepted

portfolio system to the promotion committee by October 15 in the year of application.

Candidates cannot edit their portfolio once they have been submitted for review.

Portfolio Contents added by the candidate:

• Completed forms from the Office of Academic Affairs

• Copy of permission form for Promotion Committee members to access personnel

file (original sent to Human Resources Office by October 15).

• Application form.

• Updated Curriculum Vitae in approved format (available on the Office of

Academic Affairs website).

• A short (5-7 pages max) State in which the candidate describes how they meet the

criteria for effective teaching and how this is demonstrated through the evidence

provided I the Portfolio as well as any relevant university service.

• All annual evaluations.

• Review any scholarship that the TL, at their option, may decide to submit.

• Copies of at least five years course evaluations.

• All reports of teaching observations/evaluations.

• Review the Portfolio submitted by the TL to determine fitness and, commitment to

PSU’s mission of service.

The failure of the University to evaluate a TL in any given year shall not negatively affect

the TL’s application.

After the review, the panel shall submit a report with findings and recommendations by

December 1 to either support or not support the individual’s promotion to Senior

Teaching Lecturer. Upon review and approval by the Provost or designee, the TL will be

promoted to the rank of Senior Teaching Lecturer or will retain their position as a TL

without prejudice. Such decisions shall not be grievable. A Teaching Lecturer may

submit a request for a review once a year in the Fall Semester.

If a Teaching lecturer is promoted to Senior Teaching Lecturer, the TL shall receive an

increase of thirty ($30) dollars above the per credit rate established in Article 15.

A Teaching Lecturer promoted to Senior Lecturer shall also be given preferential hiring

status whenever the TL applies for a future full-time benefitted (but non-tenure track)

faculty position for which the TL is qualified.

ARTICLE 12

FACULTY PERFORMANCE EVALUATION

1. The purpose of performance evaluation is to ensure Teaching Lecturers’ efforts align

with the University mission in their roles and activities in teaching. In addition, such

evaluations can be used to improve instruction and to be an aid in determining the

retention of Teaching Lecturers and in deciding upon teaching assignments.

2. Student Evaluations: Every Teaching Lecturer shall be evaluated by each class each

semester, using University-approved course evaluation processes and forms, which may

also include program-approved questions. At the end of each semester, the Program

Coordinator or Designated Personnel Evaluator, or designee, will review the course

evaluations and provide written feedback to the Teaching Lecturer as appropriate to

context and need. Written feedback by the Program Coordinator or Designated Personnel

Evaluator , or designee, shall be returned within a reasonable timeframe to be informative

to the Teaching Lecturer.

3. The Program Coordinator or Designated Personnel Evaluator or designee has overall

responsibility for the regular evaluation of Teaching Lecturers. This will include, but not

be limited to, the following:

a. The Program Coordinator or Designated Personnel Evaluator or designee may review

syllabi and applicable course materials, examine assessment methods, observe

teaching and review student course evaluations to evaluate teaching effectiveness.

The Program Coordinator or Designated Personnel Evaluator, or designee, may also

take into consideration student complaints and commendations, both written and oral,

about a Teaching Lecturer’s performance. Nothing shall preclude a Teaching Lecturer

from providing additional documentation to the Program Coordinator or Designated

Personnel Evaluator, or designee, regarding her or his teaching performance.

b. In order to assess teaching effectiveness, the Program Coordinator or Designated

Personnel Evaluator or designee may also visit the classes of any Teaching Lecturer

under his/her supervision as the need arises determined by the Program Coordinator

or Designated Personnel Evaluator, or designee, or by invitation of the Teaching

Lecturer. Such observations will usually be arranged in advance after discussion

between the Program Coordinator or Designated Personnel Evaluator, or designee,

and the Teaching Lecturer. The Teaching Lecturer shall provide class materials such

as syllabi and/or course assignments to the Program Coordinator or Designated

Personnel Evaluator, or designee, and/or explain any unusual aspects of the course.

The Program Coordinator or Designated Personnel Evaluator, or designee, shall write

a summary of the classroom visit and share it with the Teaching Lecturer. The

Teaching Lecturer is free to add his/her own comments about the observation

summary. Such summary by the Program Coordinator or Designated Personnel

Evaluator, or designee, as well as any comments by the Teaching Lecturer, shall

become part of the Teaching Lecturer’s personnel file.

c. Every three (3) academic years following the Teaching Lecturer’s first semester in the

bargaining unit, the Program Coordinator or Designated Personnel Evaluator, or

designee, will formally write an evaluation of the Teaching Lecturer. Such evaluation

will follow at least one classroom observation for that year and a review of all prior

evaluative documents and student evaluations. The evaluation will assess the

Teaching Lecturer’s overall performance over the preceding three years. Following

receipt of the written evaluation, the Teaching Lecturer is free to add his/her own

comments about the evaluation. Such evaluation, as well as any comments by the

Teaching Lecturer, shall become part of the Teaching Lecturer’s personnel file.

d. Nothing herein shall preclude the Program Coordinator or Designated Personnel

Evaluator, or designee, from discussing the performance of any Teaching Lecturer

with the Associate Provost or Provost from time to time.

e. A Teaching Lecturer may ask for a meeting with the Program Coordinator or

Designated Personnel Evaluator or designee to discuss the written feedback from the

Program Coordinator or Designated Personnel Evaluator or designee on student

evaluations, classroom visits, and any relevant written comments by the Program

Coordinator or Designated Personnel Evaluator or designee. Such a meeting will be

held at a mutually agreeable time.

If, following that meeting, the Program Coordinator or Designated Personnel

Evaluator, or designee, places a document in the Teaching Lecturer’s file, the

Teaching Lecturer will be given a copy of it before it is placed in the file and may

rebut the document if s/he chooses. Any written rebuttal will also be placed in the

Teaching Lecturer’s file.

ARTICLE 13

PERSONNEL FILES

1. The Human Resources Department maintains electronic personnel files for all Teaching

Lecturers. Information contained in the personnel file includes, but is not limited to, the

following: performance evaluations and corrective actions related to performance;

miscellaneous information, such as address changes, updates to degrees and credentials;

original submitted hiring documents such as resume, vitae, letters of reference, and

transcripts. The examples noted above are representative of the types of documents that

can be found in personnel files. However, these examples are not intended to be all-

inclusive and documents not named may be maintained in the personnel file.

2. Materials related to evaluation or performance sent to Human Resources to be included in

the personnel file must be made available to the individual, either by an immediate copy

or a later copy at the time the item is placed in the personnel file.

3. All information included within the electronic personnel file is available for review upon

request by the Teaching Lecturer, or their authorized Association representative (with

written authorization) at any time. Additionally, the evaluation and corrective action

materials section is available for review only by appropriate parties on a need-to-know

basis and the confidentiality of said files will be maintained by any individual with

access. Teaching Lecturers are entitled to photocopies or electronic copies of any

materials in their electronic personnel file.

4. It is understood that the Office of Human Resources and the Office of Academic Affairs

routinely access information in Teaching Lecturer’s files as a normal course of business.

5. The Personnel File shall not contain anonymous correspondence.

ARTICLE 14

SALARY

1. Effective with the Fall 2022 semester, the undergraduate pay rate for bargaining unit

Teaching Lecturers will be one thousand, four hundred fifty-five dollars ($1,455) per

credit.

2. Effective with the Fall 2023 semester, the undergraduate pay rate for bargaining unit

Teaching Lecturers will be one thousand, four hundred eighty-five dollars ($1,485) per

credit

3. Effective with the Fall 2024 semester, the undergraduate pay rate for bargaining unit

Teaching Lecturers will be one thousand, five hundred fifteen dollars ($1,515) per

credit.

4. Science Labs will be assigned one (1) teaching credit per contact hour. For these

purposes, 50-75 minutes is considered 1 hour = 1 cr.

1:30 – 1:59 = 1.5 cr

2:00 – 2:29 = 2 cr

2:30 – 2:59 = 2.5 cr

Each additional 30 minutes beyond 75 minutes = .5 CR. Labs over 3 hours are paid at

.5 credits for each additional 30 minutes.

Labs over 3 hours are paid at .5 credits for each additional 30 minutes.

5. -.Assuming all documentation or information necessary for the processing of said

payment and assignment has been signed and returned, Teaching Lecturers will be paid

on a bi-weekly basis beginning two weeks before the semester begins in accordance with

the University’s normal business operations for teaching and any other compensable

duties he/she performed. This will result in the Teaching Lecturer’s pay being distributed

over more pay periods. If a class is cancelled, the cancellation fee in Article 12.8 will be

reduced by the amount prepaid during this two-week period.

6. Teaching Lecturers will receive a paper pay stub attached to their paycheck if they do

not have direct deposit. Teaching Lecturers who have direct deposit can review an

electronic copy of their pay stub and print a copy if they so choose by logging into the

WISE (Web Information System for Employees) which is available 24/7. The precise pay

day shall be the same day set for others in the University who are similarly situated.

7 Supervising individual enrollment or under-enrolled classes will be compensated at the

rate of two hundred dollars ($200) per credit per student with a minimum compensation

of $1500 for teaching such a class. An independent enrollment or under-enrolled class is

paid when a class is already offered as part of the curriculum but does not run as a

scheduled class due to low enrollment. Such classes would ordinarily be cancelled but in

the sole judgement of the University, a decision is made to run the class. All individual

enrollments and under-enrolled classes must be approved by the Provost of designee.

Supervising undergraduate research and independent study is voluntary and will not be

compensated. These are situations where a student designs a completely new class of

their own and works with a faculty member.

8. Effective with the Fall 2019 semester, if a Teaching Lecturer has 35 or more students

enrolled in a course following the withdrawal period, they will be paid a bonus according

to the following schedule for a three credit course:

35 – 39 students:

$1000

40-49 students:

$1500

50-59 students:

$2200

60-65 students:

$2750

Over 65 Paid as a double section

This bonus will be submitted to payroll period after the withdrawal period for the

semester comes to an end.

9. In creating Cluster Projects and appointments, full time faculty and administration will

consider the strengths and specializations of Teaching Lecturers and make every effort to

include them in their formulation of these projects. When full time faculty or

administrators decide to include Teaching Lecturers in such Cluster Projects, they shall

include in their proposed budgets for such projects compensation for the Teaching

Lecturer. Any budget proposal, including the appropriate amount for Teaching Lecturer

compensation, must be approved by the Provost or designee.

Teaching Lecturers who themselves propose and are approved for the creation of a

Cluster Project will be compensated for their work through individual discussions with

and written approval by the Provost or designee.

Any discussions and agreement will be agreed upon before work commences.

ARTICLE 15

BENEFITS

1. Teaching Lecturers are covered by various statutory benefits such as Social Security,

Workers Compensation and Unemployment Compensation, within the limits of the law

and as those benefits are legally interpreted.

2. Teaching Lecturers may contribute their own funds to a 403(b) retirement plan in

accordance with University policy. The University does not contribute to this plan.

3. Professional Development Funds. Effective July 1, 2014, the University will provide a

fund for Teaching Lecturers of $25,000 per year for professional development activities.

a. The $25,000 in funds will be used for professional conferences and comparable

development activities and shall also include the value of tuition for courses taken by

a Teaching Lecturer at the University pursuant to section 5 below.

b. These funds shall be used for the professional development of the Teaching Lecturer

and must be related to the pedagogical development of the Teaching Lecturer.

c. A Teaching Lecturer Committee shall recommend to the Provost the individual

distribution of these professional development funds. The University will develop a

set of criteria and guidelines for the Committee to use in reviewing applications for

professional development.

d. The professional development pool will be raised to $30,000 effective July 1, 2015.

e. A bargaining unit member may request in writing a travel advance for approved

professional development funds for expenses associated with travel to a conference.

University policies apply and receipts must be provided upon return. Department

administrative assistants may also prepay approved travel expenses such as

conference registration fees and airfare.

4. Teaching Lecturers are encouraged to participate in professional development activities