BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 591
                                                                  Page  1

          Date of Hearing:   April 17, 2007

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                    AB 591 (Dymally) - As Amended:  March 26, 2007
           
          SUBJECT  :   Community colleges: Non-tenure-track temporary  
          faculty employees

           SUMMARY  :   Makes several statutory changes related to parity in  
          salaries and benefits for part-time and temporary faculty in the  
          California Community Colleges (CCC).  Specifically,  this bill  :  

          1)Changes the definition of a temporary employee from one who  
            teaches for not more than 60% of the hours per week considered  
            to be a regular full-time faculty assignment to one who  
            teaches less than 100% of the hours per week that constitutes  
            a regular full-time faculty assignment.

          2)Renames a "temporary employee" in Education Code Section  
            87482.5 (a) (1) to be a "non-tenure track temporary faculty  
            employee."

          3)Provides definitions to be used in this section, including:

             a)   "Non-tenure track" means a faculty member who teaches a  
               number of hours per week equal to or less than a full-time  
               faculty member but is not on a tenure track;

             b)   "Parity basis" means equal pay for equal work; and,

             c)   "Temporary" means a faculty member whose position is for  
               a limited term and does not qualify him or her for  
               evaluation for the possible conferral of tenure.

          4)Requires that a non-tenure track temporary faculty employee  
            shall receive pay and benefits equal to the pay and benefits  
            received by tenured and tenure-track faculty with comparable  
            qualifications doing comparable work on a parity basis.

          5)Stipulates that a non-tenure track temporary faculty employee  
            who teaches at least 40% of a full load shall receive the same  
            health care benefits that are received by tenured and  
            tenure-track faculty in the same CCC district.









                                                                  AB 591
                                                                  Page  2

          6)Requires a CCC district to reduce the gap in salaries and  
            benefits between non-tenure track temporary faculty employees  
            and tenured and tenure-track faculty by 50% each year until  
            salaries and benefits are on a parity basis.

          7)Requires a CCC district to hire at least 50% of its full-time  
            tenure-track faculty from the pool of its qualified non-tenure  
            track temporary faculty employees.

          8)Recognizes that all benefits, load calculations, and hiring  
            may be subject to collective bargaining that includes  
            representatives of non-tenure track temporary faculty  
            employees and requires the CCC Chancellor's Office (CCCCO) to  
            enter into and conclude negotiations with a CCC district on  
            behalf of employees not represented by a bargaining unit.


           EXISTING LAW  defines a person who teaches not more than 60% of  
          the hours per week considered a full-time assignment for a  
          regular employee having comparable duties as a temporary  
          employee. 

          A complete summary of existing law regarding the employment of  
          community college faculty is beyond the scope of this analysis,  
          however it is important to note there are extensive, complex  
          statutes, many of which apply to full-time, part-time,  
          temporary, contract and other academic employees, in a wide  
          array of situations related to multiple aspects of district  
          employment.  

           FISCAL EFFECT  :   Unknown.  According to the author, the cost is  
          estimated to be $100 million.

           COMMENTS  :    What is the purpose of this bill  ?  According to the  
          author, existing law creates a class of employees, now called  
          "part-time faculty," who are allowed to teach no more than 60%  
          of full-time teaching load.  The author states, "The continuing  
          exploitation of part-time faculty in the community college  
          system is the result of enforcing obsolete legislation that was  
          designed to protect the community college system from externally  
          funded temporary and contract instructors qualifying for  
          tenure-track positions once those funding sources were  
          exhausted."  He notes part-time faculty are routinely excluded  
          from basic benefits, do not have paid office hours or office  
          space and receive significantly less pay than similarly  








                                                                  AB 591
                                                                  Page  3

          qualified full-time faculty.  Citing previous legislation and  
          regulations, he says, "The net result of this two-tiered  
          instructional system prevents all faculty from providing the  
          best educational opportunities for all community college  
          students."  

          The author also points out that this system has led many faculty  
          members to teach in multiple districts at the same time (so  
          called "freeway flyers") and that the State should not rely so  
          heavily on such exploitation to keep the colleges functioning.

           Community college faculty teaching loads and salaries  :   
          According to the CCCCO in its "Report on Staffing for Fall  
          2006:"
                     There are 59,821 faculty in the system.  On a  
                 headcount basis, 18,196 are tenured or tenure-track  
                 faculty (30%) and 41,625 are academic temporaries (70%).   
                 When calculated on a full-time equivalent (FTE) basis,  
                 there are 36,025 FTE faculty, 57% that are tenured or  
                 tenure-track, and 43% that are temporary.  
                      The average salary for a tenured or tenure-track  
                 faculty member is $78,498, ranging from a high of  
                 $106,958 at Mira Costa to a low of $57,233 at  
                 Southwestern.  Salaries for temporaries are not provided  
                 in the same format.  The average hourly rate for an  
                 academic temporary in credit instruction is $62.86; in  
                 non-credit instruction the hourly average is $47.46.  
                      Of the 41,625 academic temporaries, 3,393 work at  
                 multiple districts.  
           
           Scope  :  This bill applies to both credit and non-credit faculty.

           The report of the California State Auditor  :  A June 2000 report  
          by the Bureau of State Audits (BSA), "Part-time Faculty Are  
          Compensated Less Than Full-time Faculty for Teaching  
          Activities," found significantly lower wages and benefits  
          provided to part-time faculty.  The report states, "Depending on  
          one's policy perspective, the unequal compensation of part-time  
          faculty either creates problems that should be addressed or  
          reflects an appropriate balance of market conditions at the  
          local level that should not be tampered with."  In noting that  
          the existing pay disparity creates an incentive for college  
          districts to utilize part-time faculty, BSA points out such an  
          incentive is not in keeping with standards that stress the  
          importance of maintaining a balance, but on the other hand  








                                                                  AB 591
                                                                  Page  4

          mandating equal pay for equal work could interfere with the  
          collective bargaining process and limit local flexibility.   
          Districts interviewed for this report cited their dependence on  
          the State for financial resources and indicated funds are not  
          sufficient to meet all of their needs.  The BSA estimated the  
          cost for eliminating all existing pay differences to be about  
          $144 million annually.  At the time of the report, the headcount  
          ratio of full-time to part-time faculty was 33% to 67%. 

           The report of the California Postsecondary Education Commission  
          (CPEC)  :  Pursuant to AB 420 (Wildman), Chapter 738, Statutes of  
          1999, CPEC produced a report on CCC part-time faculty salaries.   
          This report echoed the findings of the BSA, noting that on an  
          average (after converting hourly wages to an adjusted annual  
          comparison) part-time faculty earned 50-60% of a comparable  
          full-time faculty salary.  CPEC also noted wide variation by  
          district, geography and academic discipline, and also indicated  
          that 41% of part-time faculty reported they received no  
          benefits.  
           
          Tenure-track status for less than full-time faculty  :  In a few  
          instances, districts employ tenured or tenure-track faculty on a  
          less-than-full-time basis.  Existing law permits academic  
          employees to request a reduction to part-time status.  This bill  
          would apparently require a district to classify a person who  
          teaches less than 100% load as non-tenured.  Is this desirable?

           Requirement for achieving parity  :  This bill requires a district  
          to reduce the salary and benefit gap by 50% each year until  
          parity is achieved.  Taken to its extreme, the gap could be  
          reduced to a miniscule amount but could never be eliminated by  
          being cut in half each year.  When or if the author considers  
          amendments for this bill, this technical error should be  
          corrected, perhaps by requiring "at least 50% each academic  
          year."    This is not recommended as a current committee  
          amendment, however, because it is still unclear how a district  
          might reduce a gap in benefits by precisely 50%.  

           Ambiguity regarding improved benefits  :  This bill is somewhat  
          ambiguous regarding its intent for improved benefits for a  
          non-tenure track temporary faculty employee.  In one instance  
          this bill requires "equal" benefits for all such employees, in  
          another it requires "same" benefits for those who teach at least  
          40% of the full-time load, and in another it requires districts  
          to close the gap by 50% per year.  These provisions are  








                                                                  AB 591
                                                                  Page  5

          conflicting and should be clarified.

           What is a "pool" of "qualified" employees  ?  This bill requires a  
          district to hire at least 50% of its full-time tenure-track  
          faculty from a "pool" that is not defined and limits the pool to  
          "qualified" employees, which is also not defined.  These  
          provisions should be clarified.

          Collective bargaining responsibilities at the CCCCO  :  Is it  
          appropriate to place collective bargaining responsibilities at  
          the Chancellor's Office? Employees are normally represented in  
          collective bargaining by a union that they, or at least some of  
          them, have selected as their representative and to which they  
          pay dues and in which they have some ability to influence the  
          positions it takes.  The CCCCO would have no such relationship  
          with the employees, and this bill is silent on what would happen  
          if there were different ideas about how to handle the  
          negotiations.  Under current law an employee can go to the  
          Public Employee Relations Board and file an unfair practice  
          claim against his or her union if the employee feels he or she  
          is not being properly represented. Would they be able to do this  
          to the CCCCO?  If so, it would create an awkward situation with  
          little precedent to guide the outcome. 

          There are governance issues as well.  The CCCCO has  
          relationships with the districts on various levels.  For  
          example, it is a CCCCO responsibility to ensure that districts  
          comply with the full-time/part-time ratio regulations as well as  
          to ensure that districts do full and open recruitment for all  
          faculty positions.  If, in addition to these oversight  
          responsibilities, the CCCCO had to negotiate with the districts  
          on behalf of some portion of employees on the same matters,  
          conflict-of-interest situations could arise.  

          If this is an appropriate function for the CCCCO, what resources  
          would be necessary for the agency to meet these obligations?  No  
          resources are provided in this bill.  And finally, in order to  
          prevent conflict with existing statute, this bill would need to  
          amend to the Educational Employment Relations Act in the  
          Government Code that governs collective bargaining in the CCC.

          Note:  In a late amendment, the author has removed this  
          provision.

           Should these goals be achieved by collective bargaining  ?  This  








                                                                  AB 591
                                                                  Page  6

          bill mandates salary and benefit issues within individual CCC  
          districts.  Such items are within the purview of collective  
          bargaining and could be achieved through those means.

           Faculty representation in the CCC  :  Faculty in the CCC are  
          represented by unions with collective bargaining and lobbying  
          duties, by associations with lobbying duties, and by the  
          Academic Senate for the CCC, which provides leadership in  
          matters of educational policy.  Faculty unions include the  
          California Teachers Association, the California Federation of  
          Teachers (CFT) and the Community College Independents and the  
          Communication Workers of America. Associations include the  
          Faculty Association of the California Community Colleges and the  
          sponsor of this bill, the California Part-Time Faculty  
          Association, among others.  Among the 72 districts there is a  
          wide variety of representation, including some in which all  
          faculty (full-time and part-time) are represented by a single  
          union and some by multiple unions.  There is also a wide variety  
          of unit designations, some with units divided at 50% teaching  
          load, some divided at 60% teaching load or not at all.  Within  
          this mixture there is also overlapping membership in various  
          associations.

           Arguments in opposition  :  In its letter of opposition, the CFT  
          notes this bill reduces faculty ability to gain tenure,  
          increases the number of contingent and non-tenure track faculty,  
          amends statutory definitions related to faculty that have been  
          well worked out through the collective bargaining process,  
          appears to eliminate tenure for some faculty who have earned it,  
          and requires salary parity without defining what that is.  CFT  
          also notes that colleges do not currently track part-time  
          employees in a manner that creates a pool for future employment  
          and that this bill is silent on the consequences of  
          non-compliance and thus it opposes the mandate that colleges  
          hire at least 50% of probationary and regular faculty from this  
          pool.  Finally the CFT expresses opposition to a collective  
          bargaining role for the Chancellor.  The Community College  
          League, in its letter of opposition, also notes that it believe  
          local district diversity goals would be thwarted by requiring  
          50% of full-time faculty to be hired from the pool of temporary  
          faculty.

           Related Legislation  :  AB 420 (Wildman), Chapter 738, Statutes of  
          1999, required CPEC to conduct a study of part-time faculty  
          salaries.  AB 1343 (Mendoza), pending in the Assembly, requires  








                                                                  AB 591
                                                                  Page  7

          CSU and CCC to determine a minimum salary goal for part-time and  
          temporary faculty and to close the salary gap with full-time  
          faculty by 2014-15.  

           Request for amendments by author  :  The author requests the  
          committee take amendments to 1) address minor technical issues  
          and 2) to remove sections establishing a role for the CCCCO in  
          collective bargaining. 

          Proposed amendments from the author:

                 Technical:  Page 2, line 5, strike "less than" replace  
                with "up to"

                Technical:  Page 3, line 38, after "Section 84362" add  
                "except in accordance with Section 87481 and Section 87482  
                of the Education Code.

                Substantive:  Page 4, line 10, strike "While" and on line  
                13, strike "in the event that no bargaining unit  
                represents non-tenure track temporary employees, the  
                chancellor's office shall enter into, and conclude,  
                negotiations on behalf of non-tenure track temporary  
                faculty employees in the district."


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
          
          California Part-Time Faculty Association (Sponsor)
          Communication Workers of America, AFL-CIO, District 9
          California Teachers Association and its Community College  
          Association (Sponsor)
          Numerous California Community College Faculty

           Opposition 
           
          California Federation of Teachers
          Community College League
           
          Analysis Prepared by  :    Mary Gill / HIGHER ED. / (916) 319-3960