Article 2

APPOINTMENTS, POSTING AND NOTIFICATION

Posting of Appointment Opportunities

The University shall create and maintain a central website on each campus and shall post information on it regarding open hire bargaining unit employee positions when these positions become available. Open hire positions are those positions available for currently enrolled or admitted students that are not used to fulfill a commitment of support made to a student (a) at the time of admission or (b) under an existing advising relationship with a faculty member(s). The University may update or edit this information as appropriate.

By April 1st of each year, the University shall post a summary of bargaining unit positions by department or hiring unit and classification that were filled in that academic year.

All postings shall contain the following information:

1. An employment non-discrimination statement.
2. A general description of the duties performed by each of the classifications covered by the agreement.
3. The "minimum qualifications" by classification as established by and at the sole discretion of the University.
4. A statement indicating that exceptions to the minimum eligibility qualifications may be granted at the sole discretion of the University.
5. Application procedures or hiring unit contact person for bargaining unit positions.
6. Hiring criteria for each classification.
7. Percentage or hours of appointment, when known.
8. Deadlines for application and procedures for notification.

The determination of the above information shall be made by the University. Once the University has determined the hiring criteria, they shall not be modified to be more restrictive within the same hiring period.

Departments or other hiring units may also post information regarding open hire positions. Departments or other hiring units may, when necessary, make emergency appointments. For the purpose of this Article an emergency situation is one in which the beginning of the appointment period must begin less than a week after the position is posted.

Appointment Notification

The CSU may make appointments at any time and for any duration. Appointments of Teaching Associates and Graduate Assistants may be made at any time-base. Appointments of Instructional Student Assistants may be made for any range of hours.

If a hiring decision is made in the Spring term, as soon as practicable thereafter the University shall provide a written notice of the appointment or reappointment in paper or electronic format (e.g. email or website) to the affected individual. If a hiring decision is made at some other time, the aforementioned notice shall be provided as soon as practicable after the decision is made.

The notice will include, but not be limited to: the applicable appointment title, appointment time-base percentage (or range of hours), effective dates, salary/wages, department or equivalent unit, department or equivalent unit contact information, response requirements if any, a statement that the position is covered by the collective bargaining agreement between the parties, and the collective bargaining agreement's website address.

If known and applicable, the notice shall also include the faculty member or supervisor to whom the individual will report, the location where the work will be performed, the class assigned, the required duties and other information as deemed appropriate by the University.

No employee shall be deemed appointed in the absence of an official written notification from the President and the bargaining unit employee's acceptance within the timelines established by the notification. The bargaining unit employee shall have fourteen (14) days from date of written notification to accept the appointment.

As soon as practicable after a hiring decision is made, the University shall provide written notification, in paper or electronic form (e.g., website or email) of health and other applicable benefits and deductions, and tuition and fee waiver or exemption information either in the appointment notification or in a separate notice.

Job Description

As soon as is practicable, the University shall provide the bargaining unit employee with documentation that sets forth the specific duties of the appointment. The University shall provide advance notice when the above referenced duties are changed significantly. Such changes shall be confirmed in writing.

Conditions of Appointment

The duration, terms and conditions of an employee's appointment will be specified in the appointment notification. The appointment notification shall state that the appointment automatically expires at the end of the period stated and does not establish an obligation for a subsequent appointment. No other notice shall be provided.

Offers of appointment for a single academic term to Teaching Associates and Graduate Assistants shall not be conditioned upon budget or enrollment. In cases of offers of appointment to Teaching Associates and Graduate Assistants for multiple academic terms, employment for the initial academic term shall not be conditioned upon budget or enrollment. Employment for subsequent academic terms shall be conditioned on budget and enrollment. Nothing herein prevents a campus, at its sole discretion, from offering an appointment for multiple academic terms whereby employment following the initial term is not conditioned upon budget or enrollment.

Where an appointment for an academic term is not conditioned upon enrollment or budget, if the position is no longer available due to budget or enrollment, the CSU will ensure that the employee:

1. is placed in an appointment at the same level of compensation for the academic term stated in the appointment notification, or
2. receives the same compensation in lieu of the position for the academic term stated in the appointment notification.

Where an appointment for an academic term is on a conditional basis as described in 2.14 above, the CSU has the unfettered right to rescind the appointment based upon budget and enrollment conditions. In such case, the CSU has the right to rescind the appointment at any time prior to the third class meeting for Teaching Associates or prior to the second full week of the academic term for Graduate Assistants. If an appointment is rescinded, the Teaching Associate shall be paid for class hours taught and the Graduate Assistant shall be paid for actual hours worked.

Offers of appointment for Instructional Student Assistants may be conditioned on budget and enrollment.

An employee may be reassigned by the CSU due to the operational needs of the CSU upon written notice. The CSU shall determine its operational needs, including the quality of its instructional and research activities. Any reassignment must be to another position with the same compensation.

As a condition of employment, all employees must remain academically eligible. In the event the employee becomes academically ineligible, the employee may be removed without pay from or returned to said appointment as set forth below.

1. Within the first five (5) weeks of an academic term, the University may, at its sole discretion, remove an employee who has become academically ineligible.



2. If a bargaining unit employee regains academic eligibility, the University shall determine in its sole discretion whether or not to reinstate the bargaining unit employee. Reinstatement, if any, shall be at the level of employment held prior to removal.

Implementation

If on or before May 27, 2005 the Union notifies the CSU in writing that it has ratified this Agreement, the requirements of this Article shall become effective according to the following schedule:

1. Posting of Appointment Opportunities: on the first day of the term following the six-month anniversary of the ratification of the Agreement by both parties.



2. Appointment Notification, and Job Description: December 1, 2005.



3. Conditions of Appointment: upon ratification of the agreement by both parties.

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