ARTICLE 8

EMPLOYEE STATUS

Appointment

8.1

The University may appoint those who teach in the ELP as ELP Instructors as defined in Article 2. It is the University’s intent to fill the teaching schedule to the maximum extent feasible with Exempt and Non-Exempt ELP Instructors in the English Language Program. If, after appointing the Exempt and Non-Exempt ELP Instructors, management determines the need to hire additional teaching staff to work a less than complete schedule (as described in Article 20) or if management chooses to pilot a new course for the English Language Program, then a Substitute ELP Instructor, as defined in Article 2 may be hired.

8.2

Vacancies for Exempt ELP Instructor and Non-Exempt ELP Instructor positions in the English Language Program in the Division of Extended Education shall be posted for a minimum of fourteen (14) days on the Divisional electronic web site. Such announcements shall include the classification title, description of duties, desirable experience, minimum qualifications (when applicable), salary range, employment non-discrimination statement, specialized skills (if any), and procedures to be followed by applicants applying for such vacancies.

8.3

At the discretion of the campus, open positions may be posted only on the campus for campus applicants.

8.4

All applicants, including prospective and prior Exempt and Non-Exempt ELP Instructors, shall submit letters of interest and any other information required on the job vacancy announcements in order to be considered for a position.

8.5

Every effort shall be made to finalize conditional appointments, based on budget and enrollment, prior to the commencement of the academic term. The following statement shall be inserted on all confirmation of employment forms: “The terms and conditions of this position are covered by a collective bargaining agreement between the CSU Employees Union and the CSU.”

8.6

An ELP Instructor who completed a full appointment in two of the prior four full-terms and who submitted an application in accordance with Section 8.4 will be considered for appointment. Appointments will be based on factors that include, but are not limited to the instructor’s educational background, professional training, and expertise in a program area, years of service teaching, stated preferences, student evaluation, performance appraisal and years of teaching in the ELP. The decision on who will be appointed shall be made by the Dean of Extended Education or his/her designee and is not subject to Article 7, Grievance Procedure.

8.7

An Exempt or Non-Exempt ELP Instructor may appeal a non-reappointment decision to the Assistant Dean of Extended Education within ten (10) days of the notice of non-reappointment.

8.8

If the decision of the Assistant Dean is unacceptable, the ELP Instructor my appeal to the Dean of Extended Education within ten (10) days after the Assistant Dean's decision.

8.9

The decision of the Dean is final and not subject to further appeal.

8.10

Exempt and Non-Exempt ELP Instructors shall have the option of opting out of one (1) term out of every four (4) consecutive terms. Exempt and Non-Exempt ELP Instructors shall have the ability to voluntarily reduce the number of courses they teach per term.

8.11

The Dean of Extended Education or his/her designee will select Substitute ELP Instructors from the list of qualified applicants who applied for a Substitute ELP Instructor position.

8.12

If a CSU employee applicant is not selected for a position for which he/she interviewed, the employee shall be notified that he/she was not selected.

8.13

Appointments as ELP Instructors shall be made by the Dean of the Division of Extended Education. Appointments of Exempt and Non-Exempt ELP Instructors shall be temporary for one ten (10) week term. Appointments to vacant positions shall be made through official written notification by the Office of the Dean of the Division of Extended Education. Such notification shall be provided upon employment or as soon as possible thereafter. Notification shall include the classification title and the courses to which the ELP Instructor is being assigned, the initial salary and the employment status of the ELP Instructor. No ELP Instructor shall be deemed to be appointed in the absence of such official prior written notification from the Dean of the Division of Extended Education.

8.14

Appointments shall be on a term basis. A temporary appointment shall specify the expiration date of the appointment and that the appointment may expire prior to that date. The Exempt and Non-Exempt ELP Instructors shall be given a minimum of fourteen (14) days notice if the appointment is to be terminated prior to the specified expiration date, unless circumstances prohibit giving such notice, except as provided in 8.17.

8.15

The appointment letter for Non-Exempt and Substitute ELP Instructors shall include the classification title, the rate of pay, the course(s) to be taught, the period of the appointment, and the agreed upon maximum number of hours to be spent working on or for the course(s) to be taught.

8.16

Offers of appointment are at the discretion of management, are conditioned upon budget and/or enrollment, and shall be specified in the appointment letter.

8.17

The Division of Extended Education has the right to rescind an appointment at any time based upon budget and/or enrollment conditions, as determined by the Division of Extended Education. If an appointment is rescinded, the employee shall be paid for all courses taught.

8.18

Exempt and Non-Exempt ELP Instructors are required to report absences either electronically via Absence Management Self Service or via time sheets depending on campus practice. Substitute ELP Instructors shall submit time sheets pursuant to campus policies.

8.19

Instructors in Training (CSULA Students in the M.A. TESOL Program) may be appointed to teach special short-term English instructional programs only after all ELP Instructors have been offered the right of first refusal. Instructors in Training shall not be covered by this collective bargaining agreement.

Classification Studies

8.20

When the CSU determines that a study to develop new classifications or to revise current classifications is necessary, the CSU shall notify the Union. Within thirty (30) days of such notification, the Union may request to meet with the CSU to discuss the classification study. The Parties agree to meet and discuss the classification study within sixty (60) days of the University providing draft classification information to the Union. Such a meeting shall be held at the Office of the Chancellor, unless both parties agree to meet at a campus.

8.21

When the CSUEU believes that a study to develop new classifications or to revise current classifications is necessary, the Union may submit a written request and submit data in support of the request to the CSU . The parties agree to meet and discuss CSUEU’s classification request within sixty (60) days of receiving the request.

8.22

The CSU shall notify the Union of the establishment of any new bargaining unit classification(s). The Union may, within 30 days of such notification, request the University meet and confer on the impact of the implementation of any such newly established or revised (provided there are meet and confer requirements pertaining to the revised classification) bargaining unit classification(s). The Parties agree to meet within sixty (60) days of the request to meet and confer on the impact of any issues involving mandatory bargaining topics under HEERA related to the implementation of any such newly established or revised bargaining unit classification(s).

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