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Memo-8_27-Tent-Agreement

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									      TENTATIVE AGREEMENT BETWEEN USF AND USFFA,
      Signed August 24, 2011.
      Approved by Policy Board for recommendation to entire
      membership on August 245.                                            Formatted: Font: 14 pt




      THE GENERAL MEMBERSHIP MEETING TO VOTE ON THIS
      TENATATIVE CONTRACT WILL TAKE PLACE NEXT
      WEDNSDAY, AUGUST 31 AT 4 PM IN MCLAREN 251.


      No Proxy Voting is allowed by the USFFA By-Laws. You will be
      able, however, to voice your opinion and post comments on the
      USFFA website by early next week.                                    Formatted: Font: 14 pt




    1. Duration: 3 years for re-openers, 5 year entire contract

      Comment: This is our standard practice - all economic items          Formatted: Font: 14 pt

      (salary & benefits) will re-open in June, 2014, plus each side has
      the right to open up to three articles in the CBA.

    2. Wages

·      2011-12: 3% + steps

·      2012-13: 3% + steps

·      2013-14: 3% + steps



    3. Task Force to study the A / B model during the academic year
       2011-12 with the option to implement Fall 2012 or 2013 by
       mutual agreement.

    Comment: The administration never took the A-B Model off the
      table, but agreed to negotiate salary separately as long as a task
      force would be established to further study possible
      implementation at a later date. One could also call this the ABC
      model, since it could include a super-step above top step full
      Professor. It is important to note that any implementation of the
      new model would require mutual agreement by the parties in the
      task force, and approval by the entire membership. The mandate
      of the task force will be to study possible changes and
      improvements to the model. For example, the administration has
      already signaled that it would be willing to let schools and
      departments write rightthe criteria for advancement from A-B.
      The University has also declared that any implementation            Formatted: Font: Century Schoolbook, 14
                                                                          pt
      during the term of the agreement would be accompanied by an         Formatted: Font: Century Schoolbook, 14
      additional salary increase over and above the locked-in 9% over     pt
      three years. Let us stress that the USFFA will participate in all   Formatted: Font: Century Schoolbook, 14
                                                                          pt
      these discussions and approval of the entire membership would
                                                                          Formatted: Font: Century Schoolbook, 14
      be needed before any action was taken.                              pt
                                                                          Formatted: Font: 14 pt
    4. Summer and Intersession pay 10% over current PHP rate. (The
       part-time Preferred Hiring Pool rate is around $1700 per unit).

    5. Article 30.3 (Health Care)

·      Cap 19% years 2 and 3

·     Comment: On health care, we were able to hold back some of the
      costly or questionable proposals that came out of the task force.
      For example, individual “Health Savings Accounts” are off the
      table, for now. A task force will be set up to make
      recommendations on further health care reforms. The
      administration proposed increases for both Kaiser and Blue
      Cross, using what they are calling "salary bands," which means      Formatted: Font: 14 pt

      grouping all employees, across the university, into units
      bracketed by a salary range, and then raising or determining co-
      pays and premiums based on those salary bands. Under the
      original proposal, some of our members would have paid
      substantially more in premiums, as much as 40% higher. We           Formatted: Font: 14 pt

      countered their proposal with a demand to put a cap of 15% on       Formatted: Font: 14 pt

      all health care increases (as we negotiated in years past). Once    Formatted: Font: 14 pt
management agreed to cap future rate increases, they wanted a
limit of 24% annually. Given the current maximum of 15%, in
the end we finally compromised at 19%. The University also           Formatted: Font: 14 pt

agreed to raise the salary bands by 3% per year reflecting the
salary increase, so that none of our members will incur higher
costs because of a step increase or promotion. The health care
proposal will also include several minor items from the
Sustainable Benefits Task Force, such as incentives to get lab
work done at preferred providers and lower co-pays ($10) for
generic drugs, $20 for formulary and $25 for non-formulary
medications, and step therapy for prescriptions.

We engaged in detailed analysis of management's various
proposals to alter the current healthcare options and rates. As it
is clear that health care costs continue to rise, we wanted to be
certain that USFFA members would not be assuming more than
a reasonable share of the increased costs. After much
deliberation, it was determined that most of the proposals
initially floated or actually proposed by management were
inequitable or unworkable, and we jointly agreed to only minor
changes in the plan designs.

The worst changes, such as multiple means of raising health
premiums on members, were deleted at our insistence. The new
arrangement will have varying medical premiums depending on
salary, principally:


Salary Band           BLUE CROSS PLAN:

                   1-party         2-party          Family

$55000-82500                 $42             $160            $253

$82501-110000                $50             $195            $304

$110001-137500               $59             $213            $350
                              KAISER PLAN:
                              1-party    2-party           Family

      $55000-82500                $36           $133          $174

      $82501-110000               $41           $154          $218

      $110001-137500             $46            $170          $250

      *Higher and lower salaries have correspondingly higher and
      lower premiums
      *bands will be adjusted 3% corresponding to the salary increases
      *Years 2 & 3 of the agreement will see rates adjusted per vendor
      increases, with a cap of 19% in the worst case scenario.            Formatted: Font: 14 pt




    6. Spousal / LDA Surcharge
·       Effective January 2012 $75 Surcharge

·      Effective January 2013 $75 Surcharge, $75 Waiver

·      Effective January 2014 $75 Surcharge if the University reaches
      a breakeven point of 85 university employees participating in the
      waiver program. Failure to reach 85 will result in the waiver
      reverting to $40.

Comment: This provision affects only our members whose spouses or
   partners have health insurance, but decide to use the policies
   offered by USF. Currently, if a spouse or partner decides to waive
   the use of our insurance, they receive a waiver in the amount of
   $40 per month. Under this new provision, the waiver would be
   raised to $75, but there would be a surcharge if the spouse or
   partner decided to use USF’s insurance. Currently 75 employees
   across the University take the waiver, and that number would
   have to rise to 85 by January of 2014, otherwise USF will revert
   to be current system.
7. Dental: Status Quo

  Comment: The administration originally proposed a two-tiered
  dental plan. The so-called high plan would have increased the
  annual maximum coverage to $2000 (from current $1500), and
  improved coverage for orthodontia. But for the first time we
  would be paying monthly premiums for this coverage, which in
  the future would likely go up, and therefore reduce the
  advantages of this plan over time. The low plan would have
  imposed a restricted network of dentists, which would have
  meant that many of our members would have to switch from
  their current provider. For all these reasons, we rejected the
  Two-tier plan and were able to convince the university to leave
  our dental plan at status quo without any employee premium or
  co-pay.                                                              Formatted: Font: 14 pt




8. Retirement: auto-enroll 3%, January 1, 2012. Status quo current
   contributions.

  Comment: The University's original proposal would have
  reduced the USF contribution from the current 10% of salary to
  8%, but then matched dollar for dollar up to 3% of employee
  contributions, making a maximum University contribution of
  11%. The University rejected our proposal to implement
  matching contributions on 4% and maintain the current 12%
  USF contribution for income over $106,800, the FICA
  maximum. We were considering simply looking at 11% with
  matching, but USF's dropping to 8% was worrisome for those
  members who might not appreciate the benefits of putting
  income aside, be in a tight financial situation or be saving
  towards retirement in another manner. However, before we
  could resolve this matter, the University offered to return to the
  status quo of 10%/12% and study this matter over the next three
  years using a Task Force. Given that there may be additional
  legislation either mandating or encouraging a matching scheme
  in the next 3 years, we may be better off proceeding with the
  status quo for now and considering midterm changes that are to
  our advantage. The auto-enroll clause means that all members
  will be automatically enrolled at 3% in their 403(b) accounts as of
  January, 2012 unless they opt-out. USFFA encourages all
  members to save as much as possible toward retirement.
                                                                        Formatted: Font: 14 pt

9. Tuition Remission: Task force to convene to review impacted and
   online programs. All other components of the University’s
   proposal to be implemented January 1, 2012.

Comment: Currently our members receive full tuition remission,
  less fees for all University courses, except full time Law School
  which has been deemed “impacted” (CBA 30.9). The University
  had proposed a list of restrictions on tuition remission. We
  objected in particular to the provision that the Provost could
  unilaterally declare programs as “impacted.” We were successful
  in modifying that provision so that now a Task Force will review
  and approve requests to have programs declared impacted, and
  decided by mutual agreement. We did agree to following changes:
  - A Waiting period of 1 year after hiring for spouses and LDAs to     Formatted: Font: 14 pt

  begin courses.
  - Sign off by dean or supervisor on requests to take courses.
  - Librarians restricted to taking courses outside of normal
  working hours
  -One degree maximum for spouse or LDA.
  - No degree restrictions on programs for dependent children.
  - A 5 year limit to complete undergraduate degree.

10.    Librarians

  The administration opened Article 24, Librarians’ Hours and
  Working Conditions. They proposed minor reductions in vacation
  and sick leave for new hires, as well as increasing the
  requirements for promotion to full Librarian. We modified their
  proposals and were able to increase the length of Professional
  development Leave in exchange for the increase in promotion
  requirements. The administration also included librarians in a
  general employee policy of paying salary for not more than 10
  days of jury duty. This restriction does not apply, however, to
  full-time faculty members. The librarians will be receiving a
  separate memo with details on all changes made to benefits.
                                                                       Formatted: Font: 14 pt




11.    Article 26 Faculty Bereavement Leave

Article 26.7 was amended as follows:

  The University shall grant three working days off in the event of
  the death of an immediate family member. However, faculty
  traveling outside of the nine Bay Area counties to attend a
  funeral may be granted an additional two working days off with
  pay. The immediate family shall include the following: spouse,
  registered domestic partner, child, sibling, parents, parents-in-
  law, step-father, step-mother, legal guardians, grandparents,
  stepchildren, foster children living in the home, daughter-in-law,
  son-in-law, grandchildren, or any other relative living in the
  family Council. Additional unpaid leave of absence may be
  requested if necessary and approved by the Dean. It is the
  intention of this provision that persons who take such leave shall
  actually attend the funeral of the member of the immediate
  family and/or attend to pre-or post-burial matters.                  Formatted: Font: 14 pt



12.    30.14 LDA Benefits – Current LDAs grandfathered. Move to        Formatted: Font: 14 pt

   Registered Domestic Partners January 1, 2012.

Comment: This was a hard concession to swallow. The University
  insisted strongly that tThe all future hires, who would currently
  claim LDA (Legally Domiciled Adult) status, register instead as      Formatted: Font: 14 pt

  domestic partners. Although this applies to future relatively        Formatted: Font: 14 pt

  fewmembers, as current LDAs are grandfathered into the
  agreement, LDA benefits are broader, and include taking care of      Formatted: Font: 14 pt

  an elder or a dependent child in the household, and under
  management’s proposal those benefits will disappear for new          Formatted: Font: 14 pt

  hires. It is ironic that the university championed its embrace of
  the LDA concept and is now backtracking entirely. This was one
  of the last issues to be resolved in final negotiations, and it
  turned out to be a deal breaker for the university. We therefore
  took the unwelcome step of accepting their proposal, in order to
  save the rest of the contract. We fully realize that some of our
  members will be very unhappy about this provision. We hope
  that in the long run they will understand that painful
  concessions are part of any negotiation. It is important to stress
  that all current LDAs are not affected by this change.                   Formatted: Font: 14 pt



13.     Term Positions
   ·    Increase cap to 85.
    Currently the contract allows for 60 term positions. The
   university insists that as USF grows it needs to hire more
   fulltime term faculty and rely less on part-time faculty. This is a
   difficult issue, because on the one hand we would prefer all new
   positions to be tenured or tenure-track, but on the other hand we
   would rather have term positions than have more of our courses
   taught by part-timers. For us, the more important issue than the
   raw number of terms is for the university to remain committed to
   the promise of using term positions in an appropriate manner,
   that is “not used for the purpose of replacing tenure-track
   appointments.” (Article 17.2.3 E). We intend on scrutinizing the
   use of these new positions very carefully., In the end we did agree
   though to allow the university to hire an additional twenty-five
   term positions, with the understanding that the current contract
   language as to the appropriate use of term positions will remain,
   and in fact be strengthened.                                            Formatted: Font: 14 pt




14.     Article 17.2.5 (Notice Dates for Term Faculty): A term
   faculty member who is not renewed after six years of continuous,
   full-time service may be terminated by the University by a
   written notice given to him or her on or before June1st of that         Formatted: Font: 14 pt, Superscript
   year. The termination shall be effective as of June 30th of the         Formatted: Font: 14 pt
   subsequent year. The University may elect on or before June 1st         Formatted: Font: 14 pt, Superscript
   of the year in which notice is given to make the termination            Formatted: Font: 14 pt
   effective as of June 30th of the year in which the notice is given by   Formatted: Font: 14 pt, Superscript
     paying severance (equal to ½ year’s salary) on the date of         Formatted: Font: 14 pt

     termination.

  15. Article 22.1.4 (Term Release Time): Term contract faculty may
     apply for course release(s) for teaching and or professional
     development. Such release shall be granted at the discretion of
     the Dean.

  16. Term positions up to 7 year contracts. (17.2.3. E)
  17.    Term Faculty seniority /office space and parking.

  Comment: Items 14-17 refer to improved conditions for term faculty,
    timely notices of hire and non-renewal, course release for
    professional development, longer contracts, up to 7 years, and
    seniority for purposes of office space allocation and parking.

  19.     Program Review (Article 21)

   The following language will replace Side Letter B in the 2008
     contract and will be added to article 21:

  21.9 Each School or College shall undertake periodic,
     comprehensive reviews of each of its programs and departments.

   A. The particulars of the review process shall be set forth in a
      document entitled, “Guidelines for Academic Program Review,”
      produced by the Provost’s office in consultation with the
      respective School or College Councils.
   B. In addition to the criteria for selecting members of the three-
      person external review teams set forth in the Guidelines for
      Academic Program Review, the external reviewers shall be
      selected by the Dean of the school or college according to the
      following principles:
i.    At least one member, but no more then two members, shall be
      selected by the Dean from a list of candidates nominated by the
      faculty of the program or department, provided these nominees
      satisfy the qualifications set forth in the “Guidelines for
      Academic Program Review.”
ii.       At least one member, but no more than two members, shall be
         selected by the Dean from a list of candidates generated
         independently of the faculty of the program or department.
iii.      The Dean shall inform the Department or Program, in writing,
         of the composition of the external review team to be invited to
         campus. Should the department or program wish to discuss the
         proposed review team membership with the dean, the
         department chair or program director may request such a
         meeting, in writing, within 10 working days of having received
         the Dean’s notification. The purpose of the meeting shall include,
         but not be limited to offering an explanation of the basis on
         which the program or department reviewers were selected.
iv.       The provisions of this article shall not be subject to the grievance
         and arbitration provisions of this agreement, except for the
         specific issue of whether the Dean fulfilled the requirements
         pursuant to subparagraph 21.9 B.iii, above.                             Formatted: Font: 14 pt



       20.    Joint Committee Parking
       21.    Joint Committee Health Care
       22.    Joint Committee Retirement

       Comment: We agreed to three joint study committees to deal with
         parking/transportation issues, health care, and retirement
         improvements. The association believes that if these committees
         operate in good faith improvements can be made such as
         increasing the number of parking spaces, implementing a BART
         shuttle, limiting future medical increases and improving
         members' retirement prospects as well as broadening investment
         choices.                                                                Formatted: Font: 14 pt



       21.     Article 36.2 (Mortgage Assistance): 3 new lines = total of 10,
          plus 3 new lines for term faculty.the total number of revolving
          mortgage fund lines will not exceed 20, of which at most three
          are available to term faculty.

       Comment: The number of mortgage lines has been effectively
         doubled and the three lines for term are a significant new benefit
         for our term faculty.                                                   Formatted: Font: 14 pt
23.    Article 29.16 (Clipper Card) $65 with a $5 Employee Match.

Comment: Use of the Clipper Card will free faculty up from hiking
  to Lone Mountain, since the refill of value will be accomplished
  electronically. Hikers who previously perceived a benefit from
  climbing up to Lone Mountain may continue to do so just for fun.
  The University will pay the $3 administrative fee for the new          Formatted: Font: 14 pt

  card. The card is aAvailable to all members who do not have a          Formatted: Font: 14 pt

  parking permit ass and can be used for most forms of public            Formatted: Font: 14 pt

  transportation in the bay area.

24.    Emeriti – University drops the $10 monthly fee.

25.    Adoption Benefit – Increased from $2,000 to $4,000

26.     Course Banking: - Add to 22.1.4: The dean of each school or
   college shall have the right at his or her sole discretion to allow
   course banking.


  Comment: Even though the deans retain the power to grant such
   requests, we succeeded in adding this language to the contract, in    Formatted: Font: 14 pt

   order to make explicit that our members have the right to             Formatted: Font: 14 pt

   request course banking. If granted, the units from courses taught     Formatted: Font: 14 pt

   in summer and/or intersession would be subtracted from the            Formatted: Font: 14 pt

   normal teaching load.                                                 Formatted: Font: 14 pt
                                                                         Formatted: Font: 14 pt

  27. Faculty Lounge – University will consult with the USFFA            Formatted: Font: 14 pt

  on improvements to the facility lounge.                                Formatted: Font: 14 pt
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