BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1690| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1690 Author: Medina (D) Amended: 3/14/16 in Assembly Vote: 21 SENATE EDUCATION COMMITTEE: 5-2, 6/22/16 AYES: Block, Leyva, Mendoza, Monning, Pan NOES: Huff, Vidak NO VOTE RECORDED: Liu, Hancock SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/11/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen ASSEMBLY FLOOR: 52-26, 6/1/16 - See last page for vote SUBJECT: Community colleges: part-time, temporary employees SOURCE: Author DIGEST: This bill requires California community college (CCC) districts to have collective bargaining agreements with part-time faculty that include specified conditions of employment. ANALYSIS: Existing law: 1)Defines "faculty" as those employees of community college AB 1690 Page 2 districts who are employed 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 § 87003) 2)Existing law 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 part-time, temporary employee. (EC § 87482.5 and § 87882) 3)Requires the Board of Governors (BOG) to adopt regulations regarding the percent of credit instruction taught by full-time faculty and authorizes CCC districts with less than 75% full-time instructors to apply a portion of their "program improvement" funds toward reaching a 75% goal. However, the state has stopped providing program improvement funds and the BOG has since required CCC districts to provide a portion of their growth funds to hiring more full-time faculty. (EC § 87482.6) This bill: 1)Requires community college districts that do not have a collective bargaining agreement with part-time faculty in effect as of January 1, 2017, to commence negotiations with exclusive representatives for part-time, temporary faculty regarding specified terms and conditions, as follows: a) Provides upon initial hire, the requirements for the evaluation of part-time faculty members, as specified, including, but not necessarily 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. b) Requires the evaluation of part-time faculty members at least once every six semesters or nine quarters of service, exclusive of summer and intersession terms. AB 1690 Page 3 c) Requires the placement on a seniority list for assignments, following six semesters or nine quarters of satisfactory service, as specified. The seniority for all assignments shall be determined based on the first date of hire at the applicable college and seniority lists shall be by campus unless otherwise locally negotiated between the community college district and the exclusive representative for part-time, temporary faculty. d) Maintains the faculty member's workload for semester seven or quarter ten and beyond, as specified. 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. Provides that 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. e) Provides that 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 (i.e., use of "last in, first out" for reductions in assignments), as specified. Provides that each new assignment successfully completed shall be added to the part-time, temporary faculty member seniority list. f) Provides that the procedures governing refusal or rejection of offered assignments, diminution or loss of seniority rights, and additional leave or break-in-service provisions shall be locally negotiated between the community college district and the exclusive representative for part-time faculty. AB 1690 Page 4 g) Requires that in cases where a part-time faculty, subsequent to qualifying to be placed on the seniority list, receives a less-than satisfactory evaluation, as defined, the faculty member shall be provided a written plan of remediation with concrete suggestions for improvement, as specified. Provides that the faculty member shall be evaluated again the following semester and if the outcome is less than satisfactory, the faculty member shall lose all seniority rights and may be dismissed at the discretion of the district. Provides that appeal and grievance rights and procedures, if any, shall be subject to local collective bargaining. h) Provides that 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, as specified. 2)Provides that a community college district with a collective bargaining agreement with part-time faculty in effect as of January 1, 2017 and executes a signed written agreement, shall be exempt from the above requirements if the agreement takes into account all of the following: a) Part-time faculty assignments are based on seniority up to 60% to 67% of a full-time equivalent teaching load. b) A regular evaluation process for part-time faculty. c) Due process for termination once a part-time faculty member has qualified for the negotiated provisions. 3)Provides that a written agreement, confirming that these provisions have been included in a collective bargaining agreement, shall be signed by the exclusive representative for part-time faculty and the community college district, who are subject to that agreement, in order for the district to be AB 1690 Page 5 exempt. 4)Provides legislative intent language, as specified. Comments Need for the bill. According to the author's office, "job instability continues to be one of the greatest concerns for part-time/temporary faculty. The inability to negotiate reemployment policies at most community college districts has resulted in unreliable reemployment practices. This leaves many part-time faculty wondering if they will have a job the following semester. Additionally, many part-time/temporary faculty are left with no option but to piece together full-time teaching schedules through employment in two or more community college districts. The varying reemployment policies in these community college districts make it difficult for part-time/temporary faculty to plan their upcoming teaching schedules." The author's office 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 hours 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." Existing reemployment policies. Current law requires that reappointment rights for temporary faculty are a subject of negotiation during collective bargaining and provides that reappointment rights may be based on whatever factors are agreed to by both parties. Accordingly, many community college districts have established policies and practices regarding reappointment rights through the bargaining process. Additionally, several community college districts have successfully negotiated bargaining agreements that contain standards that are similar to those proposed by this measure, including the Grossmont-Cuyamaca, Los Angeles, San Diego, San Francisco, and Ventura community college districts. While this bill is intended to provide job security for part-time faculty AB 1690 Page 6 and minimum standards for how they are treated, community college districts and local bargaining units already have the ability to negotiate reemployment policies. Limits discretion of the community college districts. In providing job security and establishing minimum standards for the treatment of part-time faculty, this bill specifies prescriptive requirements for local bargaining agreements that all community college districts would be required to adhere to. This could potentially reduce the ability of the districts to meet their local community needs in offering course selections and quickly respond to changing market demands. The Community College League of California indicates, "by mandating a one-size fits all approach, this bill will impose conditions of employment that may not reflect local district needs, increase costs for districts and ultimately reduce student success." Part-time faculty. For some time, the Legislature has considered various efforts to address the issue of community college districts hiring part-time faculty members in lieu of full-time faculty. Much of the reason to utilize temporary faculty is the lower costs associated with such faculty. Several studies on temporary faculty found that community college districts pay temporary faculty significantly less than full-time faculty performing the same duties, and nearly half of temporary faculty reported not receiving any type of benefits from their district. 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 also found that part-time faculty teach 58% of community college classes and 53% of community college students. Additionally, the CCCSE report 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 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% AB 1690 Page 7 of the California Community College course selections are taught by part-time faculty and part-time faculty out number full-time faculty by two to one. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes According to the Senate Appropriations Committee, this bill would result in the following: New seniority lists: According to the Community College League of California, out of 72 community college districts 40 districts do not include seniority provisions in collective bargaining agreements with part-time faculty. Assuming a cost of $5,000 to $10,000 per district to establish a list, statewide reimbursable costs would be between $200,000 and $400,000. This estimate assumes that the estimated 32 remaining districts have an agreement in place that is based on seniority up to the 60 to 67 percent of a full-time equivalent load; has a regular evaluation process; and includes due process for termination. Once these existing agreements expire, new agreements would have to be established containing the specified requirements in this bill. (Proposition 98) Maintenance of all lists: Initially only those districts that are not exempt of this bill's requirements will be eligible to claim for reimbursement for maintaining seniority lists. Once existing agreements that are eligible for exemption expire all districts will be required to maintain seniority lists in accordance with this bill. If each college campus used a partial position to track the data necessary to maintain the seniority list, reimbursable state mandate costs could exceed $2 million. (Proposition 98) SUPPORT: (Verified8/12/16) California Community College Independents California Faculty Association California Federation of Teachers AB 1690 Page 8 California Labor Federation California Part-time Faculty Association California Teachers Association Grossmont-Cuyamaca Community College District Faculty Association of California Community Colleges San Diego Community College District Student Senate for California Community Colleges University Professional and Technical Employees Letters from individuals OPPOSITION: (Verified8/12/16) Community College League of California National Right to Work Committee North Orange County Community College District ASSEMBLY FLOOR: 52-26, 6/1/16 AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Baker, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Bigelow, Olsen Prepared by:Lenin DelCastillo / ED. / (916) 651-4105 8/15/16 19:47:23 **** END **** AB 1690 Page 9