IFO MNSCU AGREEMENT 2009-2011

This Agreement is entered into by and between the Board of Trustees, Minnesota State Colleges and Universities, hereinafter called the Employer, and the Inter Faculty Organization, hereinafter called the IFO.

ARTICLE 2

Equal Opportunity and Non-Discrimination

Section A. Employer Responsibility. The Employer accepts its responsibility to insure equal opportunity in all aspects of employment for all qualified persons regardless of race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, marital status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board policy.

Section B. IFO Responsibility. The IFO accepts its responsibility as exclusive bargaining representative, and agrees to represent all faculty members in the bargaining unit without discrimination as to race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, marital status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board policy.

Section C. Affirmative Action Plan.

Subd. 1. The Employer shall have an Affirmative Action Plan that is uniform in application throughout the Minnesota state universities. The IFO shall have the right to meet and confer on the provisions and procedures of the Plan. The Employer and the IFO are both firmly committed to affirmative action.

Subd. 2. Americans With Disabilities Act. Whenever the Employer or President/designee determines to take actions within the faculty bargaining unit which are necessary for the reasonable accommodation of any qualified disabled individual to effectuate compliance with the Americans with Disabilities Act, or other applicable law prohibiting discrimination on the basis of disability, he/she shall first discuss the action with the affected department/unit. In these decisions, all participants shall adhere to the rules pertaining to confidentiality.

Subd. 3. Processing Allegations of Discrimination and Final Jurisdiction. The IFO recognizes the Employer’s obligation to take timely and appropriate action with regard to allegations and findings of discrimination. This includes the Employer’s obligation to establish procedures for investigation of discrimination complaints. The IFO shall have the right to meet and confer on the procedures established by the Employer. The Employer recognizes the IFO’s obligation to fully represent bargaining unit employees when asked by employees to do so. The parties recognize that final jurisdiction for resolving claims of discrimination is vested in various state and federal agencies and the courts.

Subd. 4. Voluntary Mediation of Disputes. The IFO and the Employer agree to offer a voluntary mediation option for resolution of allegations of discrimination.

Section D. Association Membership. There shall be no discrimination by the Employer or the Administration because of membership or non-membership in the IFO, or because of activities on behalf of the IFO, nor shall any attempts be made to discourage or encourage membership in the IFO.

ARTICLE 3

Recognition

Section A. Recognition. Pursuant to the Minnesota Public Employment Labor Relations Act of 1971, as amended, the Employer recognizes the Association as the exclusive representative in the appropriate unit as described in the decisions of the Bureau of Mediation Services in the cases 72-PR-180-A, 73-PR-414-A, and 73-PR-431-A dated January 24, 1975; and the Bureau of Mediation decision in cases 72-PR-180-A, 73-PR-414-A and 73-PR-431-A dated April 24, 1975, case 80-PR-1305-A dated June 30, 1980; and case 83-PR-1218-A dated September 9, 1983.

Section B. Exclusive Right. The Employer will not meet and negotiate relative to those terms and conditions of employment subject to negotiations with any employee groups or organizations composed of employees covered by this Agreement except through the Association.

Section C. Unit Disputes. The parties will attempt to resolve disputes over bargaining unit inclusion or exclusion of new or revised positions. In the event the parties fail to reach agreement within thirty (30) days as to the inclusion or exclusion of such positions, either party may refer the matter to the Bureau of Mediation Services for determination.

ARTICLE 4

Academic Freedom

Section A. Policy. It shall be the policy of MnSCU to maintain and encourage full freedom, within the law, of inquiry, teaching, and research. The Employer shall not discriminate against a faculty member for engaging in political activities or holding or voicing political views, so long as the exercise of this right does not interfere with his/her responsibilities as a faculty member.

Section B. Prohibition . The Employer agrees not to use any mechanical or electronic listening or recording devices except with the faculty member’s express consent, and to inform the IFO if that consent is given; provided, however, that nothing herein shall be construed to preclude the recording and/or transcription by court reporter of formal proceedings, including arbitration, where a record or minutes are customarily maintained. Both the Employer and the IFO agree that neither may unilaterally record or transcribe, by court reporter, contract negotiation sessions or grievance meetings, including those at the universities, without the written consent of the other party.

Section C. Faculty Rights, Responsibilities and Obligations. In the exercise of academic freedom, the faculty member may, without limitation, discuss his/her own subject in the classroom; he/she may not, however, claim as his/her right the privilege of persistently discussing in the classroom any matter which has no relation to the course subject. In extramural utterances, the faculty member has an obligation to not represent himself/herself as an institutional spokesperson, unless so designated by the President.

Section D. Research and Publication. A faculty member is entitled to full freedom in research and in the publication of results, so long as he/she fulfills the requirements of his/her other academic duties.

ARTICLE 5

Definitions

Section A. Service. When a written notice or a written response is required to be given under the terms of this Agreement, such notice or response shall be made by personal service or service by first class mail. Personal service shall be deemed complete when the notice or response is handed to or receipted by the party to whom directed. First class mail shall be deemed complete and sufficient service upon mailing to the last home address of the faculty member contained in the official personnel file.

Section B. P.E.L.R.A. P.E.L.R.A. shall mean the Minnesota Public Employment Labor Relations Act of 1971, as amended.

Section C. Employer. Employer shall mean the Board of Trustees of the Minnesota State Colleges and Universities, also referred to as MnSCU.

Section D. Administration. Administration shall mean the Chancellor of the Minnesota State Colleges and Universities, university presidents, and designees.

Section E. Employee(s), Faculty and Faculty Member. Employee or Faculty Member shall mean a member of the appropriate unit as described in this Agreement. Employees or Faculty shall mean all members of the appropriate unit as described in this Agreement.

Section F. IFO. IFO shall refer to the exclusive representative.

Section G. Association. Association shall mean the local IFO chapters (Faculty Associations) at each university.

Section H. President. President shall refer to the presidents of each university.

Section I. Chancellor. Chancellor shall refer to the Chancellor of the Minnesota State Colleges and Universities.

Section J. Board of Trustees of the Minnesota State Colleges and Universities. Board of Trustees of the Minnesota State Colleges and Universities or Board shall mean the Board of Trustees of the Minnesota State Colleges and Universities.

Section K. Meet and Confer. Meet and Confer shall mean the exchange of views and concerns between employers and their respective employees at meetings scheduled for this purpose in accordance with Article 6 of this Agreement and the applicable provisions of P.E.L.R.A.

Section L. Meet and Negotiate. Meet and Negotiate shall mean the performance of the mutual obligations between MnSCU and the IFO to meet at reasonable times, including where possible, meeting in advance of the budget making process, with the good faith intent of entering into an agreement on terms and conditions of employment without compelling either party to agree to a proposal or to make a concession.

Section M. Academic Year. Academic Year is defined as beginning with the start of fall semester and ending with the completion of spring semester.

Section N. Duty Day. Duty Day shall mean a day included in the university calendar or individual faculty member's appointment on which a faculty member engages in duties as described in this Agreement.

Section O. Immediate Supervisor. Immediate Supervisor shall mean a Dean or other individual, not a member of the bargaining unit, who has supervisory authority over faculty.

Section P. Program. Program shall mean units in which a major and/or minor area of curricular study is normally available.

Section Q. Recommendation. When the contract requires or provides for a recommendation on a personnel action, the recommendation must include written reasons and must be signed and dated by the person or persons who make said recommendation.

Section R. Days. Days means calendar days excluding Saturday, Sunday, and legal holidays as defined by Minnesota Statutes. Where the Agreement sets a specific date, and that date falls on a Saturday, Sunday or holiday on which the University or Chancellor’s Office is closed, the due date shall fall on the next regular business day.

Section S. Minnesota State Colleges and Universities System (or MnSCU) or System. System or Minnesota State Colleges and Universities System shall mean System of Minnesota State Colleges and Universities (also known as MnSCU).

Section T. Presidential Designee. Whenever allowed by this Agreement, the use of a designee by the President shall in no way abrogate the responsibility and accountability of the President for the decisions made by the designee. Within thirty days of signing this Agreement, each President will furnish the IFO and the local Association a list of his/her appropriate designees. A President may revise his/her list of designees after the Association has been provided an opportunity to meet and confer in accordance with Article 6. In the event of a new President being appointed, he/she will submit a list of designees within thirty (30) days of assuming office. No member of the bargaining unit shall be a presidential designee.

Section U. Just Cause. Just Cause as used in this Agreement means that there must be reasons for disciplinary action and that the action taken must be commensurate with the severity of the offense.

Section V. Resident Faculty. Resident faculty at Metropolitan State University shall be those faculty appointed as fixed-term, probationary or tenured faculty.

Section W. Domestic Partner. Domestic partner shall mean domestic partner as defined by the Department of Employee Relations. (See Appendix D.)

Section X. Cohort. A group of students, committed to an academic program, who take the same courses at the same time and location with the same instructor(s) throughout the program. Courses provided by alternative delivery modes, such as ITV or web-based instruction, are considered to be delivered in the same location.

Section Y. Release Time and Reassigned Time. Release time shall mean the granting of a paid exemption from duties normally required or performed. Such release time will be for one or more duty days and does not include sick leave and emergency or personal leave time. Reassigned time shall mean an alternative assignment other than classroom teaching for one or more credit hours during the academic year or summer. For those faculty whose primary assignments are non-classroom instruction, e.g., coaches, librarians and counselors, reassigned time shall mean an alternative assignment other than their principal assignment to fulfill the professional development criteria of Article 22.

Section Z. Alternative Session. Alternative session means any session outside of fall, spring and summer sessions.

ARTICLE 6

Association Rights

Section A. Dues Check-Off.

Subd. 1. The Employer agrees to cooperate with Minnesota Management & Budget and the IFO in facilitating the deduction of membership dues established by the IFO from the salary of each faculty member who has authorized such deduction in writing. The aggregate deductions of all faculty members shall be remitted together with an itemized statement to the IFO office no later than fifteen (15) calendar days following the end of each payroll period.

Subd. 2. In accordance with Minnesota Statutes , the IFO may request the Employer to check off a Fair Share fee for each member of the unit who is not a member of the IFO.

Subd. 3. The IFO agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer by a faculty member as a result of any action taken in accordance with the provisions of this Section.

Section B. Meet and Confer

Subd. 1. State IFO Meet and Confer. The IFO shall have the right to meet and confer with the Board or designee(s) pursuant to Minnesota Statutes §179A.08.

Arrangements for meet and confer sessions with the Board shall be in accordance with established Board procedures for meetings. If the meet and confer session is with the Board’s designee the procedure shall be as follows.

A mutually acceptable time and place for such conferences shall be arranged upon request of either party. The Employer shall provide the facilities. A written agenda and pertinent materials shall be submitted by the party requesting the meeting at least fourteen (14) calendar days in advance of the scheduled meeting date. Additional matters may be placed on the agenda upon notice of either party. When the subject of meet and confer involves any one of the areas provided below, the other party shall have the right whenever possible to ten (10) days from the time of the meet and confer in which to respond to the party who has placed the item on the agenda. The IFO shall have the right to make policy recommendations including but not limited to the following areas: budget planning and allocations, programs and program development, long-range planning, and development of campus facilities. Such recommendations may be made at meet and confer sessions, or by presentations at meetings of the Board. Also, subject matters for meet and confer meetings may include matters such as implementation of this Agreement. Nothing in this Section shall be construed to preclude other components of the university or System from making policy recommendations. The IFO President and the Chancellor shall confer on the need for faculty to serve on System-level committees, after which the IFO shall appoint the faculty By mutual agreement between the IFO President and the Chancellor, the Chancellor in his/her discretion may appoint an agreed-upon number of additional faculty members to serve ex officio as resource persons based on professional expertise.

Subd. 2. University Meetings. The Association may establish a local committee to meet and confer with the President, or when the President is not on campus, his/her designees, at least monthly for the purpose of discussing matters of mutual concern. Additional committees which deal with meet and confer issues or which are appointed via the meet and confer process may be established as mutually agreed to by the Association and the President. The Association and the President shall confer on the need for faculty to serve on college and university-level committees, after which the Association shall appoint the faculty. By mutual agreement between the Association and the President, an agreed-upon number of additional faculty members may be appointed by the President to serve ex officio as resource persons based on professional expertise. Faculty members appointed to committees in an ex officio capacity will not serve as representatives of other faculty.

The Administration shall provide the facilities and set a mutually acceptable time and place for such conferences upon request of either party. A written agenda shall be submitted by the party requesting the meeting whenever possible at least five (5) duty days in advance of the scheduled meeting. Additional matters may be placed on the agenda upon notice by either party. When the subject of meet and confer involves any one of the areas provided below, the other party shall have the right to ten (10) duty days from the time of the meet and confer in which to respond in writing. Implementation of new policies or changes in existing policies affecting any of the listed areas shall not occur until the opportunity to meet and confer and respond to the proposals has been provided to the Association. Either party may request a meet and confer for a response, the meeting to be held ten (10) duty days after the meet and confer session at which the topic was introduced. In such case no action shall be taken on the topic under consideration prior to the conclusion of this second meet and confer.

Failure of the Association to meet and confer or to respond shall not prevent the Administration from implementing decisions. The Association shall have the right to make policy recommendations, including but not limited to the following areas: curriculum; evaluation of students; graduation requirements; admission policies; budget planning and allocations; the reallocation of vacant positions that had previously been filled by tenured or probationary faculty members from one department or program to another; programs and program development; long-range planning; development of campus facilities and procedures for the selection of personnel.

Also, subject matters for meet and confer meetings may include matters such as implementation of this Agreement. Nothing in this section shall be construed to preclude other components of the university or System from making policy recommendations.

Section C. Information. The Employer and Administration agree to provide the IFO and Association with information pertaining to the System and university budgets, both present and proposed, and statistical/financial or other information necessary for the negotiation and implementation of collective bargaining agreements or the processing of grievances. Such information shall be supplied, as it becomes available, to the IFO and Association, upon its written request, and within a reasonable time thereafter. This shall include monthly reports of additions and deletions to the unclassified payroll. It is understood that this Section shall not be construed to require the Employer to compile information and statistics in the form requested which are not already compiled in such form, unless mutually agreeable.

Section D. Communications. In each building containing offices assigned to members of the bargaining unit, the Administration shall set aside appropriate bulletin board space for IFO or Association use. Subject to applicable laws and policies of the Employer and/or the State of Minnesota, the IFO or Association shall have the right to use campus e-mail, Internet access, and the university distribution mail service for disseminating information and communicating with faculty members. This provision shall not be construed to permit the IFO or Association to establish web-pages on the Employer’s electronic resources or make other similar use of those resources.

Section E. Copies of Agreements. The Employer shall print and distribute final copies of the Agreement. If the final copies are received by the IFO within 30 days after execution and legislative or legislative commission approval, then the IFO shall reimburse the Employer for all reasonable costs of printing the final copies of the Agreement. If the copies are received between 31 and 45 days after execution and legislative or legislative commission approval, the IFO shall reimburse the Employer for half of the reasonable costs of printing the final copies of the Agreement.

Section F. Association Membership. The Employer and Administration hereby agree that all employees of the System in this bargaining unit shall have the right to organize freely, join and support the IFO and/or the Association for the purpose of engaging in collective bargaining.

Section G. IFO/Association Business. Duly authorized representatives of the IFO/Association shall be free to transact official IFO/Association business necessary to the performance of IFO/Association responsibilities to bargaining unit members, including grievance representation activities. Such business may be conducted on the campuses at reasonable times so long as it does not interfere with the normal functioning of the university.

Section H. Release Time.

Subd. 1. Release Time for IFO President. Upon request of the IFO, the IFO President shall be granted release time from his/her university assigned workload in the amount requested. In the event that the amount of release time is less than full time, the scheduling and amount of release time shall be subject to mutual agreement between the affected university, the IFO, and the faculty member.

The IFO shall reimburse the university at the applicable minimum adjunct rate set forth in Article 11, for the amount of release time granted.

In addition, upon request of the IFO, the IFO President shall be granted up to sixty (60) extended duty days to fulfill his/her duties as IFO President. The IFO shall reimburse the university for the full cost of the IFO President’s wage and benefit package for each such day.

Subd. 2. Other Release Time. Upon request of the IFO, the Employer shall afford release time to a maximum of two hundred fifty (250) semester credit hours, to IFO or Association officers for purposes of conducting duties at the state or local level. The IFO shall reimburse the Employer for such release time at the applicable minimum adjunct rate set forth in Article 11 for the release time

granted for the first one hundred thirty-three (133) credit hours and the actual replacement cost of the salary and benefits for any additional hours of the release time granted. The total payment by the IFO to the Employer shall not exceed the total actual replacement costs.

Subd. 3. The Association shall notify the President by August 1 yearly as to the number of credits of release time to be used for the academic year.

Section I. Sabbatical. Upon returning to his/her university, a faculty member who has served as IFO President shall be given the right to a one (1) semester sabbatical after serving one (1) term in office, and two (2) semesters if he/she has served more than one (1) term. The sabbatical shall be at full base salary but otherwise consistent with the provisions of Article 19, Section C, Subd. 3-7. This sabbatical leave shall not be counted toward nor be used to deny a sabbatical leave to which the IFO President would be contractually eligible to take from his/her home campus based upon his/her years of service. However, the time served as IFO President shall not be counted as time toward years of service for purposes of eligibility for such contractual sabbatical leave only.

ARTICLE 7

Management Rights

Except as expressly limited in this Agreement, the Employer reserves all management rights and management functions as provided by law to the State of Minnesota. The State and the Employer have the responsibility to make and enforce rules and regulations, subject to limitations of statutes, governing the affairs of the universities consistent with expressed provisions of this Agreement, recognizing that the primary obligation of the Board is to provide higher education opportunities.

ARTICLE 8

Agreement Against Lockouts and Strikes

Section A. Lockouts. No lockout of faculty members shall be instituted by the Employer during the term of this Agreement.

Section B. Strikes. During the life of this Agreement, no strike of any kind, as defined in Minnesota Statutes § 179A.03, Subd. 16., shall be engaged in, sanctioned, or supported by the IFO, its officers, or agents. In the event the Employer alleges that any faculty member or faculty members are engaged in a strike, the IFO will, upon written notification, immediately notify such faculty member or faculty members in writing of the allegation and the implications of a strike. However, nothing in this Article shall be construed as a waiver by IFO of the rights of faculty members to conduct a permissible and legal strike pursuant to Minnesota Statutes § 179A.18.

ARTICLE 9

Personnel Files

Section A. Personnel Files. Each university shall maintain at the university one (1) official personnel file for each faculty member. Such file shall contain copies of personnel transactions, official correspondence with the faculty member, material collected in accordance with procedures established in Article 22, which may include summaries of unsigned student evaluations, as well as other similar materials. Unsigned letters or statements, other than those indicated above, shall not be placed in the faculty member’s personnel file. Only those MnSCU employees whose job responsibilities require it, and who are designated by the Administration or other persons specifically authorized by law, shall have access to a faculty member’s personnel file. Faculty members shall not have access to the personnel files of other faculty members except as authorized in Section C below. This Section shall not be construed to prohibit access to materials provided as part of an application for promotion, tenure, or non-renewal recommendation.

Commencing January 1, 1990, a dated log shall be maintained of official correspondence with faculty members and of material collected in accordance with the procedures established in Article 22 including any unsigned student evaluations which are added to or removed from faculty personnel files. Errors in the maintenance of the log shall not be subject to the grievance procedure.

The Dean may also keep a personnel file for any faculty member which shall only contain copies of resumes, educational transcripts, appointment documents, Article 22 materials, application files, forms and recommendations for action under promotion, evaluation, non-renewal, or tenure. However, the administration shall only take action on personnel matters with respect to a faculty member based upon file information contained in the official personnel file.

Section B. Access. Consistent with law, each faculty member shall have access to his/her official and Dean’s personnel file. Such access shall be during normal business hours under university supervision. A faculty member shall have the right to place in his/her official personnel file such material as he/she determines may have a bearing on his/her position as a faculty member, including statements in response to any items in his/her file.

Section C. Exclusive Representative. Representatives of the IFO, Association, or other persons having written authorization from the faculty member concerned may examine, under university supervision, the official and Dean’s personnel file of that faculty member, except for the limitation provided in Section B of this Article.

Section D. Right to Copies. Upon written request of the faculty member, the Employer shall provide to the faculty member copies of contents of his/her official and Dean’s personnel file, except as limited in Section B of this Article, provided that the cost of providing such copies is borne by the faculty member.

A faculty member shall be provided a copy or written notice of an addition to and/or modification of any non-routine material in the faculty member’s official personnel file, such as grants, letters of commendation or reprimand, seniority summaries, salary adjustments, and letters regarding non-renewal, promotion, or tenure. Resolution of a grievance concerning the personnel file may include removal of material from the personnel files.

Section E. Expiration. Annually, any material which a faculty member requests be removed from his/her personnel files shall, with the approval of the President, be removed. Annually, the faculty member may have data removed from his/her file which is more than ten (10) years old, except that which is required by law to be kept therein or material whose removal, in the opinion of the Attorney General’s office, might subject the university to suit or damages.

ARTICLE 10

Workload

Section A. Faculty Workload. The workload of faculty includes student advising, maintaining and improving expertise in a discipline and in pedagogy, serving on departmental and university committees, contributing to student growth and development, evaluating student performance, scholarly activities, and service to university and community, as well as teaching and class preparation. Additionally, as a professional, a faculty member shall devote a substantial amount of his/her workload to course preparation, research, the maintenance of professional expertise, innovations in teaching/learning and other similar activities. These endeavors shall comprise the faculty member’s workload.

Subd. 1. A faculty member’s teaching load shall not exceed fourteen (14) undergraduate credit hours per semester nor twenty-four (24) undergraduate credit hours per academic year.

a. For purposes of calculating teaching load , a three (3) credit graduate course shall be the equivalent of a four (4) credit undergraduate course, and a four (4) credit graduate course shall be the equivalent of a five (5) credit undergraduate course. All other graduate courses shall be calculated as the equivalent of one and one fourth (1.25) undergraduate credits per one (1) graduate credit hour. Graduate equivalency shall apply only to courses exclusively for graduate students.

b. Undergraduate studio courses , activity courses, and private lessons shall be credited on the basis of at least one (1) credit hour for each two (2) contact hours.

c. Undergraduate music studio courses and private music lessons shall be credited on the basis of at least two (2) credit hours for each three (3) contact hours.

d. Undergraduate laboratory courses shall be credited on the basis of one (1) credit hour for each lecture hour and at least one (1) credit hour for each two (2) laboratory hours.

e. Metropolitan State University Resident Faculty Teaching . A resident faculty member’s teaching load shall not exceed twenty-one (21) undergraduate credits per academic year. Resident faculty with primary responsibilities in academic advising or psychological counseling shall teach at least six (6) undergraduate credits per year. Teaching for all resident faculty may include educational planning. A resident faculty member with less than a full-time appointment will have a pro-rata teaching assignment based on the percentage of time employed. Resident faculty members may have alternative assignments. Alternative assignments shall be mutually agreed to by the resident faculty member, and the President/designee. Alternative assignments must be made annually.

All other Subdivisions of Section A(1)(a-d), above shall apply to Metropolitan State University resident faculty teaching.

Subd. 2. Advising.

a. Normally, the faculty member will be responsible for ten (10) hours weekly for student advising and other contacts with students, at times and approved locations, either on or off campus, posted at the faculty member’s office.

b. Metropolitan State University Advising . As part of his/her regular workload, at any point in time a resident faculty member with a full-time appointment may not be required to advise more than forty-five (45) student advisees. Because of the difference in other areas of their workload, resident faculty members with a full-time assignment in a graduate program may be assigned fewer than forty-five (45) advisees. A resident faculty member with a part-time appointment shall not be required to advise more than a proportionate number of student advisees. Responsibilities for resident faculty in advising shall be established by June 30, 1994 through the mutual agreement of the Faculty Association and the President.

Subd. 3. Interactive Television. Interactive television may be conducted as part of load or as overload, subject to Article 12, Section B. For purposes of calculating teaching load, one (1) interactive television credit shall be the equivalent of one and one fourth (1.25) undergraduate credits. If a faculty member has a plan that has been appropriately approved for developing an interactive television course, he/she shall receive appropriate compensation or reassigned time for development of course materials. Technical and paraprofessional support shall be provided at the originating location as well as at each site.

Subd. 4. Off-campus Credit Instruction. Off-campus courses may be taught as part of load or as overload, subject to Article 12, Section B. For travel time in connection with the offering of off-campus courses, a faculty member will be reimbursed at the rate of at least ten cents ($.10) for each mile traveled. Effective July 1, 2002, for travel time in connection with the offering of off-campus courses, a faculty member will be reimbursed at the rate of at least $.25 (twenty-five cents) for each mile traveled. Mileage will be measured from the university campus, or from the faculty member’s residence, whichever is closer to the off-campus site, based upon the approved state mileage table. If a faculty member’s assignment includes teaching load at an off-campus site, a portion of his/her office hour obligation can be at the off-campus site.

Subd. 5. Assessment of Prior Learning. The decision to assess prior learning shall be reached after consultation between the President/designee and the department. Compensation for faculty involved in assessment of prior learning shall be either seventy five dollars ($75) or eighteen dollars and seventy-five cents ($18.75) per credit requested, whichever is greater.

Subd. 6. Miscellaneous Instructional Categories. Faculty members providing packaged courses or correspondence courses approved by the President/designee shall be compensated at the rate of sixty-five dollars ($65) per credit hour per student. For purposes of determining compensation paid under this subdivision, a three (3) credit graduate course shall be the equivalent of a four (4) credit undergraduate course, and a four (4) credit graduate course shall be the equivalent of a five (5) credit undergraduate course. All other graduate courses shall be calculated as the equivalent of one and one fourth (1.25) undergraduate credits per one (1) graduate credit hour. Graduate equivalency shall apply only to courses exclusively for graduate students. Non-credit generating workshop instruction may be compensated at overload rate as provided in Article 12, Section B.

Section B. Non-Teaching Faculty Workload. All members of the non-teaching faculty such as those involved in library/learning resources, counseling center, student teacher supervision, full-time intern supervision, and laboratory school teaching/supervision who are members of the appropriate unit shall enjoy full faculty status with all the privileges and responsibilities pertaining thereto. The workload of a non-teaching faculty member shall include maintenance of professional expertise, committee assignments, research, community service and other similar professional activities.

Subd. 1. Librarians/Media Faculty. Librarians/Media Faculty shall be responsible for implementation of library/media services to support the mission and philosophy of each institution. Librarians/Media Faculty on each campus shall recommend to the Administration objectives and methods for library/media services, giving priority to providing services necessary to fulfill the educational needs of students and instructional needs of faculty. The Administration on each campus, after consultation with the librarians/media faculty, shall schedule the library/media services.

Subd. 2. Counseling Center Faculty Members. The workload of a counseling center faculty member shall include client contact hours, preparation for and evaluation of client contacts, maintenance of professional expertise, crisis intervention, and other professional activities.

Subd. 3. Student Teacher Supervisors. The full workload for the academic year of supervisors of student teachers shall be determined by the President after meeting and conferring with the Association. The meet and confer session shall include consideration of faculty/student teacher ratios and travel requirements.

Subd. 4. Exceptions. For those non-teaching faculty members whose work involves classroom teaching or other special duties and/or projects, the Administration shall assign duties in a manner that will result in a total workload consistent with that of a non-teaching faculty member whose workload does not include a teaching assignment or other special duties and/or projects.

Section C. Excess Workload. An excess workload may be agreed to by the faculty member and the President/designee subject to provisions of Article 12.

Section D. Duty Days.

Subd. 1. Regular Appointments. The duty year for faculty members with regular appointments shall consist of one hundred sixty-eight (168) duty days within the academic year. Resident faculty members at Metropolitan State University, the Association, and the President/designee may mutually agree to alternative duty day calendars of 168 duty days during an academic year.

Duty days shall not be scheduled on New Years Day, Martin Luther King Day, Presidents Day*, Memorial Day, Labor Day, Columbus Day*, Veterans Day*, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve Day, and Christmas Day.

*The President may, after meeting and conferring with the Association, designate alternate non-duty days for the observance of these days for academic units when such revisions are in the best interests of the university.

Subd. 1.1. Nine-Month Appointments. Beginning July 1, 2009, the duty year for all new probationary, athletic, and fixed-term appointees shall be nine continuous calendar months in duration. Faculty members who are given nine-month appointments shall be available for scheduled assignments on five days of each week, except as otherwise provided herein. Except as provided in Subdivision 2.1 of this Section, the total number of assigned days in a nine-month period shall not exceed 168 duty days. Nine-month appointments need not correspond to the academic year or to any other nine-month appointment. Except as expressly provided herein, the employment status and work schedule of faculty members who are initially appointed to a nine-month appointment shall not be governed by Subd. 1 of this section. Faculty members hired pursuant to this subdivision shall be referred to as nine-month faculty.

Nine-month faculty shall receive the same work schedule (start and end dates) for not less than two successive nine month appointments and shall receive not less than six months notice of a change in the work schedule of any ensuing two year period. The scheduling of nine-month appointments shall be per Article 20 Section A, Subd. 3.

Nine-month faculty members shall not be scheduled for work on holidays as described in Subdivision 1 of this Section or on Independence Day (July 4^th).

A faculty member who chooses to renegotiate his/her salary for an athletic appointment that commences on or after July 1, 2009 shall become a nine-month faculty member.

Subd. 1.2. Current Faculty. Faculty members with regular appointments of 168 duty days within the academic year may request to become nine-month faculty. Such request may be granted by agreement with the University and the local Faculty Association. Current faculty who become nine-month faculty may return to a regular appointment with the agreement of the local Faculty Association and the Administration.

Subd. 1.3. During the 2008-09 academic year, each university and local Faculty Association shall convene a task force to review and consider the impact of nine-month appointments on faculty participation in the life of the university. The task force shall be composed of equal numbers of faculty members and administrators. The task force shall provide a recommendation to the President by May 15, 2009. Annually, upon request, the Employer shall provide to the Association the names of faculty members on nine-month appointments, courses taught, and compensation paid.

Subd. 2. Extended Appointments. Faculty members appointed to a duty year which exceeds the one hundred sixty-eight (168) duty days as provided in Subd. 1. of this section shall receive a pro rata salary adjustment. The number of such extended duty days shall be set annually by mutual consent of the faculty member and the Administration normally in conjunction with the issuance of appointments for the next fiscal year. The scheduling of extra duty days shall be determined in consultation with the faculty member consistent with the needs of the university. Extra duty days normally shall not be scheduled on the days indicated in Subd. 1.

Subd. 2.1. Extended Appointments for Nine-Month Faculty. By mutual agreement of the university and individual nine-month faculty members, faculty appointments may be extended in half month increments. The number of additional assigned duty days shall increase proportionately. Extended appointments for nine-month faculty may also be extended pursuant to Subd. 2 of this section.

Subd. 3. Limited Appointments. Limited implies a reduced workload during the whole of the academic year, or a full or reduced workload during portions of the academic year.

a. Reduced Appointments. Reduced appointments, pursuant to Minnesota Statutes §§ 354.66, and 354B.31 regarding part-time employment, may be granted by the President to those faculty members who meet statutory eligibility criteria.

A faculty member on a reduced appointment shall be reinstated to full-time duties upon his/her request, provided the request is made to the President not later than February 1 of the previous year.

b. Part-time faculty members with an appointment other than (1) those covered in (a) above, or (2) an adjunct appointment, shall receive salary on a pro rata basis, and shall be eligible for fringe benefits as listed elsewhere in this Agreement.

Section E. Academic Calendar. The academic calendar of each university shall be established by the President. Prior to establishing or making changes in the calendar, the President/designee shall afford opportunity to meet and confer with the Association.

Section F. Delegate Assembly. Delegates to the IFO Delegate Assembly shall be released with pay one (1) day for each Assembly meeting.

Section G. Athletic Directors, Coaches, and Trainers. This section shall determine workload and compensation for those faculty members whose workload includes intercollegiate athletic coaching. For purposes of this section, an intercollegiate sport shall be defined as a sport that is recognized by the university as having varsity status and whose teams engage in competition with similar teams at other institutions.

Subd. 1. Nothing in this Agreement shall be interpreted as requiring that the university offer any particular sport.

Subd. 2. Categories.

a. Pursuant to Subd. 1., there will be three (3) categories of head coaches : (1) those who coach basketball, football, ice hockey, or volleyball; (2) those who coach soccer, baseball, swimming, gymnastics, wrestling, softball, cross-country skiing (combined men and women), or spring track; (3) those who coach cross-country skiing, golf, tennis, or winter track.

b. For purposes of determining the type of appointment offered, athletic directors shall be considered to be in category (2).

Subd. 3. Initial Appointments.

a. Head coaches shall, at the option of the President, be offered either a four (4) year athletic or a probationary appointment.

b. Nothing in this Agreement shall preclude the award of a fixed-term contract including head coaching duties in any category in accordance with Article 21, Section E., Subd. 1.

Subd. 4. Compensation.

a. In those cases where the President finds that curricular requirements prevent crediting a percentage of a full-time workload for coaching activities in categories (2) and (3), the President may, after meeting and conferring with the Association, authorize compensation in accordance with Article 12 and Subd. 5.a of this section.

b. Individuals hired solely for the purpose of coaching any sport listed in this Article may be

compensated at the adjunct faculty rate for the percentage of a full-time workload as listed in

Subd. 5.a of this section.

c. Head coaches may renegotiate their salaries each time they are eligible for a new four (4) year

athletic appointment.

Subd. 5. Equivalent Workloads.

a. The minimum credit for head coaching activities shall be the percentage indicated in the table below of a full-time appointment for a full academic year, except that cross-country skiing (combined men and women) will remain at twenty-nine percent (29%) and seven (7) credits. The apportionment of the percentage of a full-time appointment to coaching activities during each academic semester during the year shall be determined by the President.

Coaching Activity as Annualized Percentage of

Category

Full Workload

Semester Credits

42%

29%

2 (Comb. Men & Women)

38%

17%

3 (Comb. Men & Women)

25%

The percentage of a full-time workload credited for faculty assigned head coaching duties in two (2) sports shall be, at a minimum, the sum of the percentages indicated in Subd. 5.a for each sport. Nothing shall prevent the President from crediting a greater percentage of a full-time workload for any particular head coaching appointment.

Subd. 6. Coaches with Non-Coaching Assignments.

a. Head coaches in category (1) and category (2) with fixed-term contracts who accept an appointment including duties in addition to coaching shall be given a four (4) year, fixed-term appointment covering both the coaching and non-coaching assignments. The salary for the appointment shall be computed in accordance with Subd. 4.

b. The head coach in categories (1) and (2) with an academic appointment shall be given first consideration if a full-time vacancy occurs in the department or program in which he/she holds his/her academic appointment, in accordance with the following procedures.

1. Should the President decide to fill such a vacancy, this decision shall first be made known

to the coach involved, and the coach shall have the opportunity to apply and have his/her

application considered in accordance with Article 21 prior to beginning any search.

2. Should two (2) or more faculty be eligible, then the President shall make the appointment after considering the recommendation of the department. If a non-tenured head coach is appointed by the President, credit for service within the last twelve (12) years shall be granted in accordance with Article 21, Section E, Subd. 6.c, but notwithstanding any other section of the Agreement, such individuals shall serve a minimum of two (2) years in probationary status.

Subd. 7. Extended Duty Days. The President shall offer extended duty day contracts to head coaches, assistant coaches and athletic trainers who are required by the President/designee to hold practice before the commencement of the academic year, to hold post-season practice and/or engage in post-season competition on non-duty days, and/or to engage in recruitment, fund raising, administrative, and other activities related to their coaching assignment on non-duty days during the academic year. Prior approval is required.

Subd. 8. Evaluation and Renewal of Athletic Appointments. Head coaches shall be evaluated yearly under Article 22. Such evaluations shall be completed by the Athletic Director/designee pursuant to the local evaluation schedule. Evaluations shall include consideration of total allocated funding relative to conference competitors. Those coaches being renewed beyond a four- (4) year athletic appointment shall be offered either a two- (2) year athletic appointment, a four- (4) year athletic appointment, or a six-(6) year athletic appointment at the discretion of the President. The option of a two- (2) year appointment shall be exercised not more than once during the duration of the coach’s years of service, and when offered, the Athletic Director/designee will provide the affected head coach with the reasons in writing. Those coaches not being renewed beyond either their initial athletic appointment or a subsequent athletic appointment shall be given a notice of the non-renewal not later than twenty (20) days following the end of the relevant athletic team’s final scheduled competition, including post-season play for that team.

Subd. 9. Head coaches and Assistant coaches on six (6) year, four (4) year or two (2) year athletic appointments (non-adjuncts) holding the rank of Instructor will be promoted to Assistant Professor effective beginning with their sixth year of employment, unless promoted earlier in accordance with Article 25.

Subd. 10. Vacancies. When new head coaching or assistant coaching positions are created or faculty vacancies exist, such positions shall be advertised in accordance with Article 21. Prior to making an appointment, the President/designee shall involve the appropriate department(s) in evaluating the academic credentials of the candidate and in making a recommendation to the President/designee concerning the candidate for the vacancy.

Subd. 11. Assistant Coaches. Assistant coaches hired after the effective date of this Agreement may receive athletic appointments for up to two (2) years at a time. No compensation beyond the agreed term of appointment shall be offered.

Section H. Theater Productions.

Subd. 1. Reassigned Time. Each faculty member having responsibility for production of a play shall receive appropriate reassignment time for each semester, in which he/she fulfills such a responsibility.

Subd. 2. Compensation. In those cases where the President finds that curricular requirements prevent creating a percentage of full-time workload for theater production activities, the President may authorize compensation in accordance with Article 12.

Section I. Forensics.

Subd. 1. Reassigned Time. Each faculty member who coaches students for intercollegiate forensics competition shall receive at least two (2) credits reassignment time for each semester, in which he/she fulfills such responsibility.

Subd. 2. Compensation. In those cases where the President finds that curricular requirements prevent creating a percentage of full-time workload for coaching forensics, the President may authorize compensation in accordance with Article 12.

Section J. Metropolitan State University Community Faculty.

Subd. 1. Definitions. Community Faculty. Community faculty shall be those faculty employed at Metropolitan State University other than fixed-term, probationary, or tenured faculty employed at Metropolitan State University, who perform a range of academic duties including but not limited to teaching, and who are in the bargaining unit and meet the requirements of Minnesota Statute §179A.03, Subd. 14. In addition to the provisions of this section, Section J, Metropolitan State University community faculty, unless noted otherwise in this Agreement, shall be eligible for all benefits provided to faculty holding adjunct appointments.

Subd. 2. Workload. Workload for community faculty shall be no more than ten (10) credits per academic year.

Subd. 3. Salaries.

a. Community faculty members shall be compensated for teaching courses at no less than adjunct rate in Article 11 of the MnSCU/IFO Agreement.

b. Community faculty course instruction payments will begin within one month of the starting date of courses.

The following minimum compensation rates for non-class instruction duties will be in effect:

Internship Supervision

Faculty-designed IS

Student-designed IS

Assessment of Prior Learning

Consultation

Teaching Workshops

3-5 hours

5+ hours

Other

$41.25 per credit per Student

$30 per credit per Student

$37.50 per credit per Student

$75 per Student or $18.75 per credit, whichever is greater

$20 per consultation

$15 per student

$22 per student

Subject to meet and confer

Subd. 4. Professional Improvement.

a. Professional development and training opportunities shall be provided by the university to community faculty.

b. Professional Improvement Funds of not less than twelve thousand, five hundred dollars ($12,500) in FY 2010 and twelve thousand, five hundred dollars ($12,500) in FY 2011 per year shall be available to community faculty for improving professional competence related to their assignments at Metropolitan State University.

c. The President , after meeting and conferring with the Association, shall establish procedures and criteria for application and awarding of funds to community faculty.

d. Community faculty may be included in system-wide faculty development opportunities as appropriate.

Subd. 5. Department and Program Involvement. For purposes of discussions related to issues included in Article 20, Section A., Subd. 3., community faculty shall be represented in colleges, departments or programs. Representation of community faculty shall be subject to mutual agreement between the President/designee and the Association. Community faculty may participate in all of their college and departmental meetings, consistent with the requirements of Article 20.

Subd. 6. Appointment.

a. The Dean or his/her designee shall consult with the department or program resident faculty concerning the need for hiring and reappointing community faculty. The department or program resident faculty shall be responsible for evaluating the academic credentials of the candidates and for making recommendations to the President/designee. Community faculty who wish to be reappointed shall report achievements under Article 22, Section B, criteria to the department and Dean at the end of each academic year. This report may be used in reappointment recommendations and decisions.

b. Assignments shall be communicated to the community faculty as early as possible, normally by July 1.

Subd. 7. Benefits.

a. Benefits will be determined based on the workload assignment projected in the annual assignment summary. Benefit eligibility and workload will normally be communicated to community faculty by July 1 for the following academic year. All community faculty accrue retirement and other benefits as regulated by state and federal statutes and Article 14, if threshold requirements are met, and may elect to participate in tax sheltered annuities and the deferred compensation plan, if threshold requirements of the Agreement and appropriate laws are met.