BILL ANALYSIS Ó
AB 1010
Page 1
Date of Hearing: April 21, 2015
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 1010
(Medina) - As Amended April 9, 2015
SUBJECT: Community colleges: part-time, temporary employees
SUMMARY: Requires California Community College (CCC) districts
(CCD) without a collective bargaining agreement with
part-time/temporary faculty in effect as of January 1, 2016, to,
on or after January 1, 2016, begin negotiations with the
exclusive representatives for part-time/temporary faculty
regarding the terms and conditions, as specified. Specifically,
this bill:
1)Requires CCDs, on or after January 1, 2016, if a CCD does not
have a collective bargaining agreement with
part-time/temporary faculty in effect as of January 1, 2016,
to begin negotiations with the exclusive representatives for
part-time/temporary faculty regarding the terms and conditions
required, as specified; and specifies that the parties shall
negotiate these rights for part-time/temporary faculty.
2)Expresses that the Legislature intends the following: a) that
adoption of the provisions, as specified, shall be included as
part of the usual and customary negotiations between the CCD
and the exclusive representative for part-time/temporary
faculty; and, b) that a CCD meet the minimum standards
AB 1010
Page 2
established by this section through the negotiation process
between the CCD and the exclusive representative for
part-time/temporary faculty.
3)Requires a CCD that enters into a collective bargaining
agreement on or after January1, 2016, to comply with all of
the following:
a) Upon initial hire, a part-time/temporary faculty member
shall be evaluated by a committee that shall include, but
not necessarily be limited to, a contract or regular
faculty peer evaluator who has expertise in the subject
matter of the part-time/temporary faculty member's
assignment. The evaluation committee may additionally
include other evaluators, such as a department chair, dean,
or a second peer. The terms and conditions of the
evaluation process and procedures shall be locally
negotiated between the community college district and the
exclusive representative for part-time/temporary faculty.
Subsequent to his/her initial hire, each
part-time/temporary faculty member shall be evaluated at
least once every six semesters or nine quarters of service,
exclusive of summer and intersession terms;
b) After six semesters or nine quarters of service,
exclusive of summer and intersession terms, each
part-time/temporary faculty member who has not received a
less-than-satisfactory evaluation during the preceding six
semesters or nine quarters of service shall be placed on a
seniority list for each assignment at each college where
he/she holds a current assignment during the seventh
semester or 10th quarter of service, irrespective of how
many times he or she has completed each unique assignment.
The seniority for all assignments shall be determined based
on the first date of hire at the applicable college.
Seniority lists shall be by campus unless otherwise locally
AB 1010
Page 3
negotiated between the CCD and the exclusive representative
for part-time/temporary faculty;
c) For semester seven or quarter 10 and beyond, each CCD
shall endeavor to maintain the workload equivalent that the
part-time/temporary faculty member was assigned during
semester six or quarter nine, subject to all of the
following:
i) As new assignments become available due to growth or
attrition, these assignments shall be offered in
seniority order to those part-time/temporary faculty
members who have qualified to be placed on the seniority
list, as specified, and previously successfully completed
that same assignment. These assignments may be made up
to a maximum annualized load, exclusive of summer and
intersession terms, in the range of 60% to 67 % of a
full-time equivalent load,
ii) In cases where a reduction in assignment needs to
occur due to program needs, budget constraints, or more
contract faculty hires, the reduction shall occur first
from among those part-time/temporary faculty members who
have not yet qualified to be placed on the seniority
list, and thereafter in reverse seniority order, with the
least senior part-time/temporary faculty member reduced
first. Any rights to a certain workload equivalent shall
be maintained for a period of 18 months. In cases of
class cancellation due to low enrollment, faculty members
shall displace faculty members who are lower than they
are on the seniority list, provided that the class
cancellation occurs prior to the first class meeting day,
and,
iii) Each new assignment successfully completed shall be
AB 1010
Page 4
added to the part-time/ temporary faculty member
seniority list.
d) If a part-time/temporary faculty member rejects any
offered assignment, he/she shall have his/her workload
equivalent reduced accordingly. If he/she rejects all
offered assignments, he/she shall lose all seniority
rights;
e) Additional leave or break-in-service provisions may be
locally negotiated between the CCD and the exclusive
representative for part-time/temporary faculty;
f) In cases where a part-time/temporary faculty member,
subsequent to qualifying to be placed on the seniority
list, receives a less-than-satisfactory evaluation, as that
term is defined in the collective bargaining agreement
between the CCD and the exclusive representative for
part-time/temporary faculty, the faculty member shall be
provided a written plan of remediation with concrete
suggestions for improvement. The faculty member shall be
evaluated again the following semester. If the outcome of
this subsequent evaluation is also less than satisfactory,
the faculty member shall lose all seniority rights, and may
be dismissed at the discretion of the district. Appeal and
grievance rights and procedures, if any, shall be subject
to local collective bargaining; and,
g) In all cases, part-time faculty assignments are
temporary in nature, contingent on enrollment and funding,
and subject to program changes, and no part-time faculty
member has a reasonable assurance of continued employment
at any point, irrespective of the status, length of
service, or reemployment preference seniority of that
part-time, temporary faculty member.
AB 1010
Page 5
4)Specifies that a CCD that has a collective bargaining
agreement in effect as of January 1, 2016, that takes into
account all of the following, and executes a signed written
agreement, as specified, shall be exempt, as specified, upon
the expiration of that agreement:
a) Part-time/temporary faculty assignments based on
seniority up to the range of 60% to 67% of a full-time
equivalent load;
b) A regular evaluation process for part-time/temporary
faculty; and,
c) Due process for termination once a part-time/temporary
faculty member has qualified for the negotiated provisions.
5)Specifies that a written agreement, confirming that clauses
(a) to (c) (above), inclusive, have been taken into account in
a collective bargaining agreement in effect as of January 1,
2016, shall be signed by the exclusive representative for
part-time, temporary faculty and the CCD, who are subject to
that agreement, in order for the district to be exempt, as
specified.
6)Requires, should the Commission on State Mandates determine
this measure contains state mandated costs, that the
appropriate entities receive reimbursement.
EXISTING LAW:
1)Defines "faculty" as those employees of CCD who are employed
AB 1010
Page 6
in academic positions that are not designated as supervisory
or management, as specified. Faculty include, but are not
limited to, instructors, librarians, counselors, community
college health services professionals, handicapped student
programs and services professionals, and extended opportunity
programs and services professionals (Education Code Section
87003).
2)Defines any person who is employed to teach for not more than
67% of the hours per week considered a full-time assignment to
be a temporary (P/T) employee (EC Sections 87482.5 and 87882).
3)Requires the CCC Board of Governor's (BOG) to adopt
regulations regarding the percent of credit instruction taught
by F/T faculty and authorizes CCDs with less than 75% F/T
instructors to apply a portion of their "program improvement"
funds toward reaching the 75% goal (commonly referred as
"75/25") (EC Section 87482.6). To note, the state has stopped
providing program improvement funds and the BOG has since
required CCDs to provide a portion of their growth funds to
hiring more F/T faculty.
A complete summary of existing law regarding the employment of
CCC 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
AB 1010
Page 7
COMMENTS: Background. According to the Center for Community
College Student Engagement's (CCCSE) April 2014 report,
entitled, "Contingent Commitments: Bringing Part-Time Faculty
Into Focus," 70% of the 400,000 faculty members of public,
two-year colleges hired in 2009 were part-time instructors. The
CCCSE report found that the part-time faculty teach 58% of
community college classes; and, 53% of community college
students. Additionally, the report found that for many
part-time faculty, contingent employment goes "hand-in-hand"
with being marginalized within the faculty. The CCCSE report
also found that differences in the actions of part-time and
full-time faculty cannot necessarily be attributed to
differences in the will or abilities of part-time faculty. The
report contends that, "Most likely, they [the differences] exist
at least in part because colleges too often are not fully
supporting part-time faculty or engaging them in critical
elements of the faculty experience."
According to the California Federation of Teachers, nearly 50%
of the CCC course selections are taught by part-time faculty and
part-time faculty outnumber full-time faculty by 2 to 1.
CCC district reemployment policies. AB 1245 (Alquist), Chapter
850, Statutes of 2001, required the issue of reappointment
rights for temporary faculty be a subject of negotiation during
collective bargaining and provided that reappointment rights may
be based on whatever factors are agreed to by both parties.
Many districts have established reappointment rights policies
under existing law. Similar models (as to those contained in
this measure) have already been successfully negotiated in the
following CCDs: Grossmont-Cuyamaca, Los Angeles, San Diego, San
Francisco, and, Ventura.
AB 1010 provides guidelines forming a basis enabling part-time
faculty to establish job security, providing consistency for
both students and instructors, and accountability to ensuring
AB 1010
Page 8
that part-time faculty retained under the provisions of this
measure are providing the highest level of instruction and
demonstrated commitment to student success.
Purpose of this measure. According to the author, part-time
faculty are required to hold the same academic qualifications
and credentials as their full-time colleagues. The author
contends that in most cases, part-time instructors are paid
significantly less than full-time faculty for the same duties of
preparation, teaching and grading, and, assessment. In addition
to receiving significantly less in compensation than their
full-time counterparts, in most cases part-time faculty receive
no health coverage and are not compensated for office hour time
outside of class to meet with students. The author argues that,
"This lack of dignity, fairness, and equity translates to poor
prospects for career advancement, resulting in many qualified
part-time faculty leaving the profession annually." The author
contends that measures such as AB 1010, which seeks to enhance
the retention of qualified instructors, support institutional
viability and directly contribute to student success align with
a goal of all stakeholders in California's Higher Education
community.
Committee consideration. As presently drafted, a provision in
this measure specifies that
part-time/temporary faculty members would potentially lose their
seniority if they turned down a teaching assignment. This
provision may create an unintended consequence especially for
"freeway flyers" (i. e. part-time/temporary faculty members who
commute varying distances in order to teach their courses at
multiple community colleges within the course of one day), who
need to turn down an assignment because it is at the same time
they are teaching a course at another campus. To avoid this
potential consequence, Committee staff recommends, and the
author has agreed to accept, the following amendments:
AB 1010
Page 9
87482.3. (D) If a part-time, temporary faculty member rejects
any offered assignment, he or she shall have his or her workload
equivalent reduced accordingly. If he or she rejects all offered
assignments, he or she shall lose all seniority rights.
(D) (E) Additional Procedures governing refusal or rejection
of offered assignments, diminution or loss of seniority rights
and any additional leave or break-in-service provisions may
shall be locally negotiated between the community college
district and the exclusive representative for part-time,
temporary faculty.
REGISTERED SUPPORT / OPPOSITION:
Support
California Federation of Teachers (co-sponsor)
California Teachers Association (co-sponsor)
Faculty Association of California Community Colleges
San Diego County Board of Education
Opposition
AB 1010
Page 10
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960