September 20, 2018

Negotiations update

In recent weeks many of you have come to members of the negotiating team with questions about the status of the reopener negotiations for our FY13 contract. I appreciate your patience and apologize that we have not been able to update you sooner. As you may guess, the fact that we have not yet been able to reach a satisfactory settlement on the current year’s reopener is not good news. In fact, we have recently declared an impasse and are scheduled to begin mediation later this week. Following that, if necessary, will be fact finding, a legal process in which both sides’ cases are made to a fact finder who acts as a non-binding arbitrator.

The reopener was triggered by the language in our ratified contract stating that should MCPS receive a raise this year, the administration and Chapter would “promptly meet and negotiate in good faith in an effort to reach agreement on such changes, if any.” We have asked the Chapter’s attorney to investigate whether the administration’s negotiations have in fact been in good faith.

Pending the results of the mediation, we will be sharing more with you in the near future about the impasse and how we got here. The Chapter’s negotiating team and executive committee are committed to seeing this process through and are doing everything in our power to bring you fair and appropriate salary enhancements.

Quick Updates

A quick update on some issues of concern to many of us:

First, yesterday we received an e-mail regarding the administration’s responses to date regarding the second occurrence of our social security numbers winding up on the web. I replied to Steve Cain and Cathy Jones sharing two concerns that many of you have brought to me but which were not addressed in this memo. For one, after the first such security breach two years ago we were assured that the administration was “working to review how and why this document was posted as well as establish protocol to identify and prevent future information security issues.” I have requested a report on what protocols were instituted, but to date have received no information on this. Also, in Dr. Pollard’s earlier email on this matter, she referred to “taking appropriate actions with respect to any persons that are accountable,” but plans for any such action were not mentioned this time.
I received a reply that the investigation is still ongoing, and they are discussing both of these concerns.

Finally, as you may have noticed in the papers over the past couple of days, MCPS teachers are getting ready to ratify a deal which includes a raise that averages approximately 3.4% in the base salary. According to the terms of our contract, the MC administration is required to formally notify the AAUP upon the implementation of MCPS’s deal (July 1), and “promptly meet to negotiate in good faith in an effort to reach agreement on such changes, if any” for us.
We will keep you posted of any updates to either of these matters.

AAUP Negotiations Update

Look for an email next week with information about a ratification vote, the week of May 1st, for the following modification to our negotiated agreement.

There shall be a one-time payment to each bargaining unit member in Fiscal Year 2012 no later than June 30, 2012.  The payment for each employee will be calculated as follows:  $2,000 minus the 0.5% (of base salary) paid to each bargaining unit member in December 2011.  There shall be no adjustment to base salary. Payment should be in the June 1st payroll.

This will be the only modification to our existing agreement, including the existing reopener language which stays in place.

This is an increase in the bonus that was previously negotiated for all FT faculty, $2000 vs. 2% of base salary total.

FOSA memo

Thank you to the many of you who have contacted us about Dr. Pollard’s memo from last Friday concerning the Faculty Outstanding Service Awards. We have noted several inconsistencies between what was written and what we have contractually negotiated, and will be discussing these with the appropriate people in the administration as soon as possible.

Contract to reopen

MCGEO, the union representing many of the County employees, has reached a settlement in its contract negotiations.  The terms of that settlement include a $2000 lump sum payment for each full time employee, which averages out to about 3%, plus a 3% increase for those who have been with the County for at least 21 years (full details can be found on the MCGEO website).  These terms are sufficient to trigger a reopener in our own contract negotiations, based on Article 8.2 in our Agreement.  While the reopener is not officially triggered until this agreement is ratified and funded by the County Council, we are already in the process of scheduling a new round of negotiations with the Administration.  We are also keeping an eye on the progress of the negotiations by MCPS.  An article in yesterday’s Gazette indicates the details are still be worked out, but a raise is likely.  A quote from that article which I find particularly heartening: “The time has come for all county employees, including school workers, to regain some of the salary that they have given up in recent years, said Councilman Craig L. Rice, a member of the County Council’s Education Committee. ”


Tentative Agreement on Contract

To all FT Faculty:

The negotiating team reached a Tentative Agreement on Friday.  I have summarized the agreement and I have also attached the specific language changes, in bold, to our Contract.

Here is a summary of the changes:


Salary and Bonus:

A bonus of 2% for next fiscal year, 2012 – 2013, paid ½% December 30, 2011 and 1.5% bonus paid the last pay period in June 2012. The bonus will not be added to your base salary.

On the last day of the 2012-2013 academic year, there shall be a two percent (2%) general wage adjustment in our base salary.

EAP: Each faculty member will have up to $2,020, same as this year; the total benefits payable to all faculty, however, will grow by $25,000 to $284,522.

EAP for travel: Language was modified to clarify that it can be applied to any travel for professional development that is approved by your dean.

Extended Leave Without Pay: Language was modified to clarify that faculty members may apply for up to 2 consecutive semesters, and in exceptional circumstances up to 2 additional semesters beyond that may be granted.

The AAUP-Management Collaboration Committee: this existence and charge of this committee, which was formed earlier this year, was written into the contract.

In addition, two side letters were agreed to, forming committees to discuss two issues in the spring 2012. One of these will explore the possibility of allowing for payments to be made via stipends in some circumstances (instead of ESH or in addition to ESH), and the other will examine the impact of the part-time faculty contract on the workload of chairs and coordinators.

The AAUP executive committee will be scheduling meetings to discuss your concerns/issues related to this Tentative Agreement. There will be meetings on each campus on Monday and Tuesday the week of December 5th. AAUP members will then vote on whether or not to ratify the contract on Wednesday and Thursday the week of December 5th. Look for an e-mail from your campus vice president after Thanksgiving with the times and places.

I want to thank the negotiating team of Rose Sachs, Sharon Piper, Tammy Peery, and Rick Penn.
Have a great Thanksgiving Holiday,

AAUP Chief Negotiator
Accounting Coordinator
Professor of Accounting
Montgomery College, Humanities 258







November 18, 2011

Article 6, Section 6.7


Section 6.7 – Extended Leave Without Pay.

A faculty member who has completed four or more years of service may be granted leave without pay for a period not to exceed of up to two (2) consecutive academic semesters for the purpose of educational travel, professional study or improvement, exchange or overseas teaching, political activities, family illness, child care, major religious holidays, emergency or special personal obligations which the faculty member is unable to fulfill without missing classroom or other responsibilities to Montgomery College, or such other purposes as may be deemed by Management to be in Montgomery College’s interest. A faculty member who is granted such leave shall, during the period of such leave, be responsible for paying all monies necessary to maintain the faculty member’s participation in the Montgomery College Group Insurance Package and any retirement plan in which the faculty member participates.  In exceptional circumstances, requests of up to two (2) additional consecutive academic semesters may be granted at the discretion of the vice president provost. 


Article 7, Section 7.9 – Collaboration Committee


To foster cooperative and collaborative labor relations by facilitating communication, promoting understanding, and resolving matters that affect full-time faculty, the AAUP and Management agree to establish the AAUP-Management Collaboration Committee.  This committee shall be comprised of up to five representatives from AAUP and up to five representatives from Management.  The parties agree that additional resource members may be invited by mutual agreement, or selected to serve on sub-committees established to resolve specific matters. 

This committee shall utilize an interest based approach to problem solving and shall be committed to successfully resolving issues of mutual concern.

This committee shall meet a minimum of eight times per fiscal year as follows:  September, October, November, January, February, March, April, and May.  The parties shall jointly establish meeting dates for the entire year no later than the conclusion of the September meeting.  The AAUP and Management shall exchange proposed agenda items at least one week in advance of each meeting unless both parties mutually agree to an exception.

At the conclusion of each fiscal year, the parties shall forward a report to the President outlining the matters discussed during the fiscal year, action taken as a result of those discussions, and the status of each issue.  The parties shall also include the status of the work of any sub-committee(s) in the annual report and an assessment of the effectiveness of the committee’s processes. 

Section 8.2—Fiscal Academic Years.

(A) General – Fiscal 2011


There shall be no salary or merit adjustments in fiscal years 2012 and 2013 except as follows:


There shall be a one-time payment equal to one half (1/2) percent of base salary paid to each bargaining unit member no later than December 30, 2011.  There shall be no adjustment to base salary.


There shall be a one-time payment equal to one and one-half (1.5%) percent of base salary paid to each bargaining unit member no later than June 30, 2012. There shall be no adjustment to base salary.


Notwithstanding any other provision of this agreement, in the event the financial situation changes, and the actual revenues received by the College for Fiscal Year 2013 require or permit additional adjustments to employee wages, or in the event of any cost of living, step, merit increases, or bonuses in excess of two percent (2%) lump sum payments (in total for Fiscal Years 2012 and 2013), are negotiated and implemented for other employee groups at Montgomery College, Montgomery County Government, or Montgomery County Public Schools, the College shall notify the Union, and the Parties agree to promptly meet and negotiate in good faith in an effort to reach agreement on such changes, if any.


Effective the first day of the fiscal 2014 academic year, there shall be a two percent (2%) general wage adjustment.


Article 9, Section 9.4 Educational Assistance Program.


(A)  EAP – Payment of Tuition, Fees, Conferences


Montgomery College shall continue in effect its Educational Assistance Program on the following schedule:  the maximum benefit payable under this Section, 9.4 (A), in each of the fiscal 2012 and 2013 academic years shall be equal to $2,020 per faculty member per fiscal academic year; provided that the total benefits payable under this Section 9.4 (A) shall not exceed $259,522 in the fiscal 2012 academic year and $284,522 in the fiscal 2013 academic year.  Additionally, for faculty members who undertake graduate coursework beyond the Master’s Degree level, the maximum EAP benefit can exceed the specified dollar amount for that year such that total reimbursement would be equal to the University of Maryland College Park rate for in-state tuition and fees for graduate coursework up to a maximum of six (6) graduate credits per academic year.  All benefits provided under this Section 9.4 (A) in any fiscal academic year shall be used only for payment of tuition, fees and required instructional materials for approved courses and as outlined in Montgomery College Policy & Procedure 35001.


(B)  EAP – Reimbursement of Certain Expenses Related to Travel for Professional Development


In order to foster faculty professional development opportunities, Montgomery College shall provide Educational Assistance Program reimbursement of expenses related to travel for approved professional development conferences in the faculty member’s discipline.   Such reimbursements shall be made on the following schedule:  the maximum benefit payable under the program in the fiscal 2012 & 2013 academic years shall be equal to up to $500 per faculty member for one approved conference requiring travel within two academic years provided that the total benefits payable under this Section 9.4(B) shall not exceed $75,000 in the fiscal 2012 academic year and $75,000 in the fiscal 2013 academic year.  Funds must be approved and encumbered prior to attendance at the conference.


(C)  These provisions, Section 9.4(A) and (B), shall not preclude the ability of management to approve additional professional development funds.



Article 11, Section 11.1 Duration


(B)       Notwithstanding the provisions of Section 11.4(A) of this Agreement, either Management or the Chapter may reopen this Agreement for the purpose of negotiating changes in the salary levels specified in Section 8.2(A) and Appendix I of this agreement.  During salary negotiations either Management or the Chapter may also reopen this Agreement for the purpose of negotiating regarding rolling term contracts, salary for scarce faculty, sick leave benefits, Educational Assistance Program benefits, overload pay, the rehired retiree program, alternate activity ESH, or other issues mutually agreed upon by the parties.  Notice of this intent to reopen this Agreement for negotiations regarding any matter specified above requires service of written notice on the other party not later than September 1 of the fiscal academic year 2013.


Side Letter:  In Fiscal Year 2012, the parties shall discuss issues related to stipends.  In the event the parties reach an agreement, nothing in this agreement shall prevent the parties from implementing such an agreement in fiscal academic year 2013.


Side Letter:  In Fiscal Year 2012, the parties shall discuss issues related to chair/coordinator workload related to the part-time faculty agreement.  In the event the parties reach an agreement, nothing in this agreement shall prevent the parties from implementing such an agreement in fiscal academic year 2013.