July 21, 2024

Important Information on the Chair Position

As many of you may already know, during the process of the Academic Restructuring the administration has selected to alter its 30-year standing interpretation of our enabling legislation and our Contract language, specifically regarding the role of the department chair and the definition of the term “supervise.”

On May 8, the Executive Committee invited Dr. Pearl, Senior Vice President of Academic Affairs (SVP-AA), to meet with us to discuss the legal guidance the administration has received on this matter, including any possible constraints on activities permitted the members of the faculty bargaining unit. Dr. Pearl was accompanied by Jacia Smith, Director of Employee and Labor Relations and Recruitment, we assume to present management’s current opinions and respond to questions of a legal nature. We were told by Dr. Pearl that the legal guidance had come from Rocky Sorrell and Darryll VanDeussen, attorneys who have been employed by the college for many years, each of whom has intimate knowledge of the legislation and our Contract. We question the impetus for these two to suddenly and radically alter their interpretations of both at this particular time during the last stages of the development of the Academic Restructuring plan. As we pointed out during the meeting, the legal concerns about supervisory responsibilities of the department chairs are directly addressed in our Contract. And this explicit and legally binding understanding between AAUP and management has been accepted as being consistent with the enabling legislation for some 30 years. Furthermore, this understanding is also reflected in the college’s Policies and Procedures (P&P), which have remained unchanged since 1992. Again, we question: what is different now?

During the meeting, Ms. Smith stated unequivocally that faculty cannot review curriculum materials, schedule classes/faculty, order equipment/supplies, participate in employee evaluations – in fact, when we pointed out that the role of the chair is to provide academic leadership and to construct meaningful recommendations, primarily to the deans, Ms. Smith responded, “Just because you don’t make the final decision, if you have any decision you are a supervisor.” These assertions were not refuted by Dr. Pearl. Moreover, the concerns, as conveyed by Dr. Pearl and Ms. Smith, appear not to be primarily with the role of the chair as it relates to full-time faculty but rather with the role of the chair as it relates to members of SEIU and ASCME. Ms. Smith stated, “No-one in a union should supervise any other union member of any union.” Again, this assertion was not refuted by Dr. Pearl. The crux of the matter lies in the interpretation of the term “supervise.”

It is our contention that chairs do not supervise:

• Department chairs do not hire full-time faculty or staff; they sit on, often chair, hiring committees and provide recommendations. The deans have generally respected the recommendations of these committees but have always had the authority to accept or reject these recommendations.
• Department chairs do not hire part-time faculty. They review the credentials/documents of, interview part-time faculty, and present information and recommendations to the dean. Part-time faculty are hired by deans. It is Ms. Smith’s claim that this practice is supervisory.
• Department chairs do not transfer, suspend, lay off, recall, promote, or discharge any other employees.
• Department chairs do not assign employees. Under the guidance of their deans, they create schedules for classes and faculty, which are assigned by the dean, with or without modification. We were told by Ms. Smith that building schedules is supervisory.

According to the new interpretation of “supervise” that was presented to us by the administration via Ms. Smith, it seems that every department chair in every department, college-wide, who is following the definitions and directives that are stated in the college’s P&P is performing duties that, although prescribed by the administration, are now being deemed inappropriate or even illegal. If that is the case, then it would appear that the P&P has created and promoted unlawful conduct on the part of faculty chairs for 21 years. We do not believe this to be true; we believe that the P&P reflects the enabling legislation and our Contract.

It is certainly our strong preference that chairs remain faculty leaders who continue to serve under the guidance and direction of an appropriate dean to facilitate the provision of services that enhance the teaching effectiveness of faculty; to provide the critical leadership for instructional programs and students’ development; to plan, develop, administer and evaluate programs, services and personnel; to encourage innovation and promote excellence; and to develop and maintain a climate which fosters maximum student growth. We are being told, however, that these preferences are not consistent with the law. We believe they are. They are also consistent with the P&P; this wording is taken directly from the College’s existing Policies and Procedures.

Montgomery College’s Policies and Procedures 24102CP explicitly delineates the role of department chairs and explicitly states that department chairs are faculty. Included in this Procedure are the following responsibilities that we have now been informed the administration considers supervisory, and thus, inappropriate for faculty to perform:

Providing leadership for and assuring meaningful opportunities for faculty participation in:
1. Departmental planning, scheduling and budgeting
2. Recommending the selection of new full-time faculty
3. Full-time faculty evaluation processes
4. Selection and evaluation of part-time faculty
5. Hiring, supervision and evaluation of support staff

Further, it is now the contention of the administration that it is also inappropriate, contrary to the requirements of the P&P, for the chair to continue to advocate for faculty needs and oversee provision of department services in:
1. Day-to-day departmental operations
2. Departmental fiscal operations

Management is now interpreting as supervisory and, therefore, inappropriate, the aforementioned responsibilities, all of which are clearly stated as duties of the peer chair for the purpose of assuring that faculty efforts can be focused as much as possible on teaching and learning. This new interpretation does not appear to be open to further discussion with the faculty and seems to be the basis of the only two options being considered in the restructuring: either to remove the chairs from the bargaining unit, thus creating administrative chairs, or to strip the faculty chairs of compensation and all meaningful responsibilities. We believe that removing the chair position from the bargaining unit is dangerous on many levels. Faculty chairs are experts in their disciplines and the necessary bridge between faculty and administrators. Faculty chairs are able to provide the administration with a diverse perspective, specifically the student-faculty perspective in the institution’s decision-making process. Faculty chairs remain in touch with the needs of the students and understand the changing student demographics from the point of service because faculty chairs continue to teach, not merely the occasional class. In addition, even if an agreement can be reached to protect a faculty member’s faculty position after a term as an administrative chair, the union has no way of protecting a non-tenured faculty member while they are serving as an administrator. Unlike actual tenure, a tenure-like evaluation structure is only of value when the individual is a faculty member. The second option that has been considered by the administration, to remove compensation and all responsibility from the faculty chair, in our opinion, is simply punitive. We will discuss the ramifications of these options further at the AAUP meeting next week.

Based on the interpretation that was presented to us by Dr. Pearl and Ms. Smith, participating in performance evaluations for part-time faculty or staff; creating schedules for full-time and part-time faculty; signing leave slips for faculty and staff; reviewing course materials of full-time or part-time faculty; interviewing and recommending the hire of part-time faculty; directing the activities of departmental staff; and signing any form for the purpose of purchasing supplies or equipment for the department could, and most likely would, be deemed unlawful conduct. Of great import is that not only does this interpretation differ significantly from that of the union, but this interpretation entirely contradicts the P&P, a document constructed by the administration and one to which we have a unconditional obligation to adhere. And these conflicting interpretations not only present a dilemma for sitting chairs, coordinators and other faculty, but actually put them at risk regardless of the actions they take. Actions taken in defiance of the P&P or in defiance of an order from the SVP-AA could be considered insubordinate and subject to disciplinary action. Given the disconnect between the two – which are we to follow?

Compounding an already untenable situation, we have become aware that the recommendations from the Academic Restructuring Task Force include that the chair becomes a twelve-month, non-faculty position. The justification for taking the chair out of the bargaining unit is management’s assertion that department chairs are acting as supervisors for college employees in other bargaining units and that a supervisory role for AAUP members may be counter to the enabling legislation. The Chapter’s attorney refutes the characterization that such roles are counter to the law.

We have repeatedly requested the opportunity to discuss, formally and/or informally, the role of peer chairs and possible ways to modify, if necessary, the role that would preserve the position in terms of academic leadership and remain within any legal requirements. In fact, this was the stated purpose for which Dr. Pearl was invited to meet with the Executive Committee on May 8. The administration has refused to engage in such a discussion. We expect that management will implement the recommendation to pull the position of chair out of the bargaining unit. Should they choose to do so, the Chapter, on the advice of counsel, is prepared to take the matter to the State Commissioner of Labor and Industry.

The AAUP executive committee thanks you for the support that so many of you have offered us. The vocal and emailed words of support of our colleagues are always appreciated, but in these times they also serve the very important role of demonstrating to the administration that the Chapter is truly speaking on behalf of the full-time faculty.

Rick Penn
Stephanie Pepin
Bryant Davis
Sharon Piper
Bill Talbot
Jorinde van den Berg
Tim Kirkner
Rose Sachs
Dan Wilson
Robin Flanary

Update on union recent activities

Since presenting the faculty’s concerns to the Board of Trustees two weeks ago, the AAUP has continued to work to ensure that the administration better understands the issues we voiced there. While we have on several occasions further explained these concerns, recent communications leave me troubled and anticipating that a lot of work remains to convince the senior administration of the legitimacy of these concerns and the need to remedy them.

Some of the recent conversations include:
> A couple of days following the comments to the Board, several members of the Chapter executive committee met with Dr. Pollard and her academic leadership team. Discussion there centered on breakdowns in communication and the lack of appropriate faculty involvement in decision making.

> Last Monday, the AAUP-administration collaboration committee met. One of the tasks this group has been working on this semester is clarifying the roles and responsibilities of the full-time faculty.

> On Monday was also held a regularly scheduled meeting of the presidents of the three employee unions with Dr. Pollard. Discussion there included the impact of turnover of administrators and how it affects the formal and informal lines of communication at the College.

> On Tuesday, representatives of the AAUP and the administration met to discuss the difference in perceptions held by the faculty and the administration on the size of the administration relative to the overall size of the institution.
During this time as well, the faculty members of the academic restructuring committee continued to work with the resource members from the AAUP to develop proposals that incorporate the feedback that they have heard and that can be incorporated into the work of the restructuring committee.

Finally, in the midst of all of this, the night after the speech to the Board I testified at the County Council in support of the College’s budget request. While this is not directly related to the other recent discussions and meetings, I mention it here as another example of the faculty standing up for the good of the College and of the union touting the excellence of our faculty. That testimony is available on the Chapter website.

Testimony to County Council in support of budget 4/9/13

Good evening,

My name is Rick Penn. I am a professor of mathematics, and represent the faculty of Montgomery College as president of the American Association of University Professors.

The impact that Montgomery College has on our community is hard to overstate. We have more credit students than the University of Maryland College Park has in its undergraduate programs, and we have even more workforce development and continuing education students than we have credit students. A Montgomery County resident with an associate’s degree will have lifetime earnings on average over $600,000 more than a local resident with a high school diploma. These increased earnings in turn help expand the tax base in the County and state. A study has calculated that taxpayer support for community colleges have an effective return on investment of 9.8% between these direct benefits and avoided negative social costs. Other studies have shown the value of community college students to transfer institutions, as these students are often better prepared for the coursework and navigating college life rate than are students admitted as freshman, and may thereby help with the completion agenda.

Were it just for these statistics alone, Montgomery College would be one of the best investments that the County could make in its own future. But these numbers tell only part of the story.

Every year our students distinguish themselves and are recognized in a myriad of ways. This past summer, the MC Solar Spectrograph Team won the Science Observations award in the National Student Solar Spectrograph Competition in Montana. A little closer to home a team of MC students came in 1st place out of 22 teams representing 12 local colleges in a mathematics competition held at PG Community College. The ENACTUS team recently won its seventh regional honor in seven years, competing against 2- and 4- year schools, and will be heading to the national competition next month; this team designs projects to benefit the local and global communities, and makes a timed presentation on the projects in the competition. And just last night, 2 MC alumni received Helen Hayes Awards. This is just a partial list of some of the awards garnered this year, and doesn’t even touch on the wonderful performances, research, and community events to which we are so frequently treated.

Behind all of these student success stories are our amazing faculty who go the extra mile teaching, coaching, and mentoring these students. I’d like to single out two faculty deserving of special recognition. Tammy Peery just received the Chair Academy’s 2013 International Exemplary Leadership Award, and John Hamman was recently named Maryland Professor of the Year. Several other faculty have received prestigious awards in recent years, and we are fortunate to have many others who are quite worthy of such recognition as well.

The Montgomery College faculty are quite aware that it is not Montgomery College alone that has gone through some very tough economic times lately. We appreciate the difficult decisions that the County Executive and you must make in preparing the budget. We are grateful that the County Executive has approved a modest increase in the College’s budget next year to help the College continue to be able to attract and retain the employees who help make these successes happen. We hope that the County Council will approve this budget request as well. Thank you.

Speech to Board of Trustees 04/08/2013

Thank you for this opportunity to speak to you tonight.

This week, Dr. Pollard will be presenting all of us with the State of the College as she sees it through her lens. We would like to provide you with the perspective of the faculty this evening.

The level of dissatisfaction, feeling of marginalization, and anger among the full time faculty is the highest that I have seen in my 17 years at Montgomery College. This assessment is based on comments made at an emergency meeting of the AAUP, numerous emails received from faculty across disciplines from all 3 campuses, emails and statements from faculty leaders representing the views of their constituents, and, in a first for me, having been on the receiving end of a letter writing campaign in which several faculty each sent the same letter demanding the union more forcefully represent their concerns. It is on behalf of all of these colleagues that I speak tonight.

The proximate cause of this anger is the process and apparent direction of the ongoing academic area restructuring, and I will share the faculty’s concerns with this effort shortly. However, it is a pattern of recent decisions and decision making processes that has led us to this point. In a survey conducted earlier this academic year by the HRDE office in conjunction with the Employee Engagement Advocacy Group, only 53% of faculty agreed with the statement “I am comfortable participating in forums on college-wide issues without fear of reprisal,” only 39% of the faculty agreed that “the administration appreciates the contributions I make toward achieving Montgomery College’s mission,” and only 30% stated that they believe their input is appropriately considered in reaching a decision. The impact of this atmosphere extends beyond faculty morale and affects our students too.

We have been undergoing rapid large scale change at the College. The faculty do not deny that some change is good and necessary, but we are left with the impression that everything that made Montgomery College a successful institution is no longer valued or considered before changes are made. We have a culture of outcomes and evidence, but the change is happening so rapidly that there is no way to assess its effectiveness. Will the change allow us to better serve our students? To operate more effectively or efficiently? The Student Services side of the College was completely restructured just last year. Yet the counseling faculty have not been contacted to ask what has worked and what has not worked with the new structure before analogous and even larger scale changes are implemented on the academic side. Nor, to the best of our knowledge, has any other research been conducted or planned about the impact of the changes on the services provided to our students.

Last year the College abandoned the shared governance which we had had for many years to implement a participatory governance which greatly diminished the faculty’s opportunity to contribute its expertise in decisions made at the College. The change was forced on the faculty over strong objections and even required changes in the P&P to terms which had previously protected faculty interests.

This year, the decision was made to remove institutional credit from the AELP courses. We recognize and respect that well meaning people could reach different conclusions on the correct decision in this matter, especially if they approached it from different vantage points and with different areas of expertise. The union’s concern here is not with the decision to remove institutional credit itself, but that the decision was reached in a way that was disrespectful and even dishonest to faculty who were charged with researching best practices and then had their research summarily dismissed.

Where faculty have been included in committees lately, a new and disturbing trend has emerged in which administrators are selecting which faculty can represent us. Even more distressing are the times when administrators claim that they themselves, based on their faculty backgrounds, represent the faculty viewpoint in decision making processes. The impression is that we have little to contribute, that whatever we would contribute can be anticipated and represented by an administrator and that our individual backgrounds, experiences, and areas of professional expertise cannot contribute to a better decision.

Given this background, it is not surprising that faculty are wary about the academic area restructuring. At the forums where the models under consideration were first unveiled and the college community was asked to offer constructive criticisms, the details were so lacking that we were unable to draw meaningful conclusions. Many left with the belief that once again their input was not truly desired as they were not given sufficient information to provide useful input. One intended outcome that was clear, however, was that the role of the department chair would either be given a new name and turned into an administrative position or stripped of much of its current responsibility, allowing the position to remain a faculty one but transferring the actual responsibilities to the administration.

Well into the restructuring process the task force set the criteria by which it would evaluate potential models, and included a criterion stating that the chosen model should “relieve faculty of administrative duties and increase faculty teaching time”. “Administrative duties” still has not been defined, and we worry that responsibilities which have long been fulfilled by chairs and coordinators as necessary elements of the academic leadership they provide could be removed as “administrative”. The wording of this criterion further gives the impression that time that we spend outside of teaching contributes little to the College, our students, or our own professional growth.

Last fall the chairs groups on all three campuses jointly issued the following statement:

In any academic structure, department chairs are the primary academic leaders providing direct leadership and support for students, faculty and the discipline as well as providing a bridge between faculty and administration. Department chairs should be faculty leaders who routinely teach in their discipline and facilitate curriculum development and academic initiatives. As Montgomery College re-envisions its academic structure, it is essential in any model that faculty leadership in the chair role is maintained.

The AAUP endorses this position. We would further add that the structure long used at MC is not only a workable model, it is entirely consistent with the one-college focus which was ostensibly the original impetus for the restructuring. The vast majority – 85% – of multi-campus colleges and universities in which the faculty are unionized with the AAUP include department chairs in the bargaining unit. And while some specific obligations of a chair are necessarily going to be different at a research university than at a community college, the roles associated with the chairs at these other institutions share many similarities to those currently fulfilled by the chairs here. These chairs provide leadership and advocacy for academic areas; they are described as resources for the faculty, points of contact for students, and advisors to their deans on program, discipline, and course matters; they manage course schedules and teaching assignments; they serve on and fill faculty search committees; and they coordinate and communicate on such matters as textbook selection, adjunct observations, and peer review processes.

The AAUP leadership recognizes that the specific duties of the chairs at MC have evolved over time, including in some ways that we the faculty have requested be re-examined. Some of these past changes may well have legal implications, and the union welcomes the opportunity to discuss and hopefully resolve these through negotiations or other less formal labor-management collaboration. But this restructuring is not the appropriate place, nor does it have the appropriate involvement to address these. To be fair, I do want to thank Dr. Pearl for agreeing during our conversation this past Friday afternoon to commence this discussion with the AAUP executive committee. In the meantime, however, I hope that the charge to relieve the faculty of administrative duties will be removed from the consideration of the restructuring task force.

Each of the models under consideration requires the hiring of several new administrators. It was even stated at the forums that the question was not if, but where, these new administrators would fit into the overall structure. This will clearly cost a significant amount of money. And yet there has never been sufficient money available to fully fund the chair/coordinator ESH formula. Inequities in chair compensation was actually pinpointed as a flaw in the current system, but it would be much more cost effective to directly remedy those inequities by revising and fully funding the formula than to create numerous additional administrative positions. Many faculty have also expressed the concern that using the College’s limited resources to hire additional administrators would keep funds from being available to fill needed faculty and other student focused positions. We are below the 60/40 ratio that both the Board of Trustees and the County Council have long emphasized. And it is more faculty, not more administrators, by which we will fulfill our mission of empowering our students to change their lives.

Beyond the concerns I have shared this evening, there are numerous others that have been raised by faculty over the past several weeks. Many of the concerns have been collated and are now available on the AAUP website. I encourage everyone to read them.

In conclusion, the marginalization of the faculty that has taken place over the past couple of years has not only taken a significant toll on morale, but has led, and is still leading, to decisions being made without the 2-way exchanges of information necessary for making the best decisions for the future of our students and our College. On behalf of the faculty, and with the best interests of our students and the College in mind, we respectfully request that this problem be addressed.

Thank you,
Rick Penn
President, MC-AAUP

Update on the Restructuring

Thank you for the steady flow of concerns regarding the academic restructuring that you have shared with the AAUP leadership before, during, and since our meeting last week. We take these concerns very seriously and are doing our best to fully and effectively represent them to both the senior administration and the Board of Trustees. I’d like to share some of the efforts that we have undertaken and plans that we have going forward.

This coming Monday, April 8, is the next meeting of the Board. I have requested time to speak during the open comments period at the beginning of this meeting to relay those concerns that we have heard so clearly and share. I encourage each of you to attend in a show of strength and solidarity. The meeting is scheduled to start at 8:15 pm in the Board Room in the Mannakee building.

Yesterday morning I met with Dr. Pollard. During this meeting we talked at great length about how angry so many of the faculty are regarding both the process and apparent direction in which the restructuring is headed, and I emphasized the feeling of marginalization that is so prevalent. I have also been continuing the research I mentioned last week on practices at other multi-campus, unionized institutions and expect to have more to say based on that by the time of the Board meeting.

The full AAUP executive committee has remained very involved in the efforts. We have had numerous discussions on how to best advocate on this matter, and have scheduled an emergency meeting for tomorrow. In addition, we are working on a compilation of the written and oral feedback that we have received. Our plan is to edit these only to remove references that may identify the speaker or other specific individuals and then post these to our website. If you shared anything that you would rather not be made public even anonymously please contact me by email ASAP, and we will respect your wishes. Should you prefer, you may also contact me at president@mcaaup.org or my personal email address, profpenn@yahoo.com. Please also consider sending to me, if you have not already done so, specific issues and actions that I could include when I speak before the Board. The more examples I am able to include which illustrate why we are feeling angry, distrustful, and marginalized, the more effective our case will be.

Your union leadership genuinely appreciates all of the feedback we have received and wants to assure you that we are working diligently to represent your concerns as effectively as possible.

Union Meeting on Academic Restructuring

Thank you to the many of you who have shared your thoughts and concerns on the academic area restructuring with the union. I hope you have also taken the opportunity to communicate directly with the task force and Dr. Pearl. In response to the many requests that the AAUP has received to further discuss this issue, and in recognition of the significant impact that the restructuring will have on our jobs, the executive committee of the AAUP invites all members of the AAUP to a special union meeting on Thursday, March 28, from 4-5 pm in the Theater Arts Arena on the Rockville Campus. At this meeting we will share the specific concerns that we have as a union and discuss the feedback that we have received from you.
I hope to see many of you then. In the meantime, please keep the feedback coming, and have a great spring break.

Rick Penn

Volunteers needed

MC-AAUP is in need of 2 volunteers.  Please consider serving in one of these capacities.

First, as Stephanie Pepin announced at the opening meeting, the Chapter is seeking to create a liaison to the College’s Board of Trustees.  This person will help foster communication between the Chapter and the Board, and will observe the Board’s open meetings on behalf of the Chapter.

Also, the AAUP has been asked for a volunteer to serve on a new “Common Employee Experience” committee. The committee will meet on Friday afternoons starting 2/8.
The charge of the committee is to:
Assist Montgomery College in becoming a destination employer by defining and recommending the adoption of a common employee experience – what it will mean to belong to the Montgomery College employee community; what employees should expect from their employment experience at Montgomery College. Utilize a process to accomplish this objective that emphasizes reliance on data, examination of best practices, adherence to Montgomery College’s values, and collaboration.

If you might be interested in serving  in either of these roles, please contact your campus AAUP vice president or me ASAP.
Thank you.

Rick Penn

Negotiations – tentative agreement

As Bill Talbot recently e-mailed, the AAUP and the administration have come to a tentative agreement on compensation for the next two academic years. His memo is copied below. The text of the contractual terms can be found in the Chapter Documents section of this site.

These negotiations were quite contentious, but we did eventually reach an agreement everyone could get behind.  It does not have any additional money for this year as many of us had hoped for, but it does provide reasonable COLA’s for the next two years; real improvements for those at the top for the first time in many, many years; improvements for those at the very bottom of the scale; and for the first time a structure to make progression through the salary scale more predictable.  And, contrary to the way things appeared to be headed as of the last update, this agreement was reached without requiring fact finding.  My sincere thanks to Bill for all his efforts to make this happen, and to Sharon Piper, Tammy Peery and Rose Sachs for all of their contributions.

We will have the opportunity to discuss the terms of this tentative agreement at the AAUP meeting when we return in January, and the ratification vote will take place after that.

Happy holidays to everyone,

Rick Penn



The College and the Union reached a tentative agreement for FY 13, present academic year, FY14, and FY15 which is subject to ratification by the faculty and approval by the Board of Trustees in January 2013:

FY13, present academic year, no change.

FY14, 3.5% increment compounded with a 2.25% COLA in your base pay starting with your first paycheck in Sept 2013. Minimum salary $53,838, maximum salary $100,947
Faculty members who currently fall below the new minimum of the range will have their salaries adjusted to the minimum of the new range prior to receiving the 3.5% increment compounded with a 2.25% COLA in your base pay.

FY15, 3.5% increment compounded with a 2.5% COLA in your base pay starting with your first paycheck in Sept 2014. Minimum salary $56,840, maximum salary $106,575.
The 3.5% annual increment will serve as a progression through the salary scale and is intended to be continued in future years, so that in subsequent negotiations only the COLA and possible adjustments to the scale will need to be negotiated.
Salary FY14 FY15
48,000* 56,976 60,445
56,000 59,264 62,872
64,000 67,730 71,853
72,000 76,197 80,835
80,000 84,663 89,817
88,000 93,129 98,799
95,850 100,947 106,575

*48,000 is below $53,838 so it is first adjusted to $53,838

Travel, will be available to faculty in both FY14 and FY15 equal to up to $1000 per faculty member for one approved conference in each FY, provided that the total College benefits payable shall not exceed $100,000 in the fiscal 2014 academic year and $100,000 in the fiscal 2015 academic year. Approve and encumber your funds prior to attendance at the conference to assure reimbursement.
This is an increase from the current $500 which was available only once over the last two years, FY12 and FY13.

EAP is increasing by $200 per faculty in the academic year starting Sept 2013 to $2220, The total benefits paid under this will be limited to $324,522.
EAP is increasing by $100 per faculty in the academic year starting Sept 2014 to $2320. The total benefits paid under this will be limited to $364,522.
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 nine (9) graduate credits in FY14 and twelve (12) graduate credits in FY15 All benefits provided in any fiscal academic year shall be used only for payment of tuition, fees and required instructional materials for approved courses. This is not a change but will be continued in FY14 and FY15.

Overload Pay
Overload Pay – Fiscal Academic Year 2014
Consecutive years of service Salary per ESH
Less than 6 years $1,160
6 years or more $1,283
Overload Pay – Fiscal Academic Year 2015
Consecutive years of service Salary per ESH
Less than 6 years $1,231
6 years or more $1,361
For details, see attachment with specific contract language. Please feel free to contact me if you have any questions.

I want to thank the negotiating team for their wisdom and their time in this especially difficult contract agreement, Rose Sachs, Sharon Piper, Tammy Peery and Rick Penn.

AAUP Chief Negotiator

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.