ARTICLE 12

APPOINTMENT

12.1

After considering the recommendations, if any, of the department or equivalent unit and the appropriate administrator, appointments of employees shall be made by the President. Appointments may be temporary, probationary, or tenured. Appointments shall be made through written notification by the President. No employee shall be deemed appointed in the absence of an official written notification from the President. An initial appointment may be made jointly in more than one academic department or equivalent unit. The President shall determine the proportion of assignment of activity for individuals holding joint appointments. The proportion of such an assignment may be changed by the President during the duration of the joint appointment.

12.2

Official notification to an employee of an appointment shall include the beginning and ending dates of appointment, classification, timebase, salary, rank when appropriate, employee status, assigned department or equivalent unit, and other conditions of employment. Each new faculty unit employee shall be advised no later than fourteen (14) days after the start of the quarter/semester where on campus a summary of the CSU benefits program is available. Each new faculty unit employee shall also be provided no later than fourteen (14) days after the start of the quarter/semester with written notification of the evaluation criteria and procedures in effect at the time of his/her initial appointment. In addition, pursuant to provision 15.3, the faculty unit employee shall be advised of any changes to those criteria and procedures prior to the commencement of the evaluation process.

Temporary Appointments

12.3

Temporary appointments may be for periods of a semester, a quarter, parts of a year, or one (1) or more years. Following two (2) semesters or three (3) quarters of consecutive employment within an academic year, a part-time temporary employee offered appointment to a similar assignment in the same department or equivalent unit at the same campus shall receive a one (1) year appointment. Such appointment shall be subject to the limitations stated in provision 12.5.

12.4

The official notification to a temporary employee shall also indicate that appointments automatically expire at the end of the period stated and do not establish consideration for subsequent appointments or any further appointment rights. No other notice shall be provided.

12.5

An appointment for a less than full-time temporary employee may be on a conditional basis. The conditions established at the time of appointment may relate to enrollment and budget considerations. If a class is canceled, the temporary employee shall be paid for class hours taught. Classes may be canceled any time prior to the third class meeting.

12.6

Full-time temporary employees, except Coaching Faculty Unit Employees, shall not be appointed on a conditional basis. Full-time Coaching Faculty Unit Employees may be appointed on a conditional basis, and those conditions may include, but shall not be limited to, adherence to NCAA by-laws and other NCAA regulations.

12.7

Each department or equivalent unit shall maintain a list of temporary employees who have been evaluated by the department or equivalent unit. If such an employee applies for a position in that department or equivalent unit or applicant pool for that department or equivalent unit, the faculty unit employee's previous periodic evaluations and his/her application shall receive careful consideration. If a temporary employee applies for a subsequent appointment and does not receive one, his/her right to file a grievance shall be limited to allegations of a failure to give careful consideration. Such a grievance would constitute an allegation of a contractual violation and would not be a "Faculty Status Matter" as defined in Article 10 of this Agreement. ¹

12.8

The list maintained by each department or equivalent unit pursuant to provision 12.7 above of temporary employees who have been evaluated by the department or equivalent unit shall also include the courses previously taught in the department.

12.9

Appointment of a temporary employee in consecutive academic years to a similar assignment in the same department or equivalent unit shall require the same or higher salary placement as in his/her previous appointment.

12.10

Upon completion of twenty-four (24) units on a semester campus, or the equivalent on a quarter campus, in the same department or equivalent unit, temporary employees shall receive a salary increase equivalent to the percentage of the negotiated SSI, provided that they meet the requirements of Article 31, only during years when the parties have agreed to provide Service Salary Step Increases pursuant to Article 31 of this Agreement.

12.11

A lecturer who receives a new appointment may be placed on the salary schedule above the maximum Service Salary Step Increase rate within his or her then-current salary range.

Three-Year Appointments

12.12

Beginning with the 2002/03 academic year, temporary faculty unit employees (excluding coaches) employed during the prior academic year and possessing six or more years of prior consecutive service on that campus, shall be offered a three-year temporary appointment. In addition to other provisions of this Agreement, the following special conditions shall apply:

1. For purposes of this section, one year of service shall be considered employment of one (1) semester or two (2) quarters in the bargaining unit on a single CSU campus during a single academic year. In calculating the six-year eligibility period service need not be continuous, but the entire six (6) year period must have been worked on a single campus in a single department.
   
   
2. Three-year appointments will be issued for employment on each campus and in each department where the temporary faculty member has established eligibility.
   
   
3. The time base of appointments provided here shall be as established under terms of the "similar assignment" language and precedents of Article 12.3 of this Agreement.
   
   
4. The President shall decide the type and extent of course offerings for the department, consistent with current policies and procedures on each campus.
   
   
5. Effective immediately, there shall be no "up front" evaluation before granting the appointment.

12.13

Temporary faculty (excluding coaches) holding three-year appointments shall have the expectation of appointment to subsequent three-year appointments except in instances of documented unsatisfactory performance or serious conduct problems. These temporary faculty will be re-appointed after a three-year appointment unless there is insufficient work for which the faculty member is qualified. In the event there is insufficient work to support the re-appointment at the previous time base, the time base of his/her successor three-year appointment may be reduced to reflect available work for which the temporary faculty member is qualified.

12.14

The application of provision 12.12 above shall not prohibit the President from making appointments in excess of three (3) years for eligible temporary faculty unit employees.

12.15

Within thirty (30) days of the ratification of this Agreement, the Administration shall post in each department a list of temporary faculty who it believes eligible for a three-year appointment pursuant to Section 12.12 above. Any temporary faculty who are omitted from the list, but who believe they are eligible for a three-year appointment, shall come forward and identify themselves to the appropriate department chair within thirty (30) days of the posting. The faculty member should provide any documentation in her/his possession which will assist in verifying eligibility.

Temporary Faculty Range Elevation

12.16

Procedures for range elevation on the salary schedules shall be established at each campus by the President, after recommendation by the appropriate Academic Senate Committee.

12.17

Those eligible for lecturer range elevation shall be limited to lecturers who have no more SSI eligibility in their current range, and have served five (5) years in their current range.

12.18

Criteria for range elevation for temporary faculty (excluding coaches) shall be appropriate to lecturer work assignments.

12.19

Denial of range elevations shall be subject to the peer review process pursuant to provision 10.11 except that the peer panel's decision shall be final.

12.20

On each campus the pool for funding successful lecturer range elevation appeals is limited to 4 steps per each 50 lecturer faculty eligible for range elevation.

Probationary Appointments

12.21

Initial probationary appointments and subsequent probationary appointments may be for a period of one (1) or more years. Initial probationary appointments commencing at a time other than the beginning of the academic year (i.e., winter or spring quarter or spring semester) shall last until the end of the succeeding academic year.

12.22

Recommendations regarding probationary appointments shall originate at the department or equivalent unit. Probationary appointment procedures shall include the following:

1. Each department or equivalent unit shall elect a peer review committee of tenured employees for the purpose of reviewing and recommending individuals for probationary appointments. At the discretion of the president and upon request of the department these peer review committees may also include probationary employees.
   
   
2. Each departmental peer review committee recommendation report shall be approved by a simple majority of the membership of that committee.

12.23

Probationary appointments are normally made at the Assistant Professor or equivalent librarian rank. The President may appoint an employee at a higher rank on the determination of merit consistent with provision 12.22.

Appointment at Another Campus

12.24

An employee may apply for appointment at another campus in his/her field of expertise.

12.25

An employee shall not be involuntarily appointed at another campus within the CSU.

Vacancy Announcements

12.26

Vacancy announcements of probationary positions shall be widely disseminated. Employees shall be informed of the location where all vacancy announcements for tenure-track positions from all campuses may be examined.

12.27

Vacancy announcements of temporary employee positions shall be available on the campus where such vacancies may exist. Employees and the CFA shall be notified of the location where such vacancy announcements may be examined.

12.28

The department or equivalent unit shall normally develop vacancy announcements. Such announcements shall be subject to approval by the appropriate administrator.

Preference for Available Temporary Work

12.29

1. In the event that the department determines that a need exists to assign new or additional work to temporary faculty unit employees, said work shall first be offered to incumbent temporary faculty in the department who:
   
   
   1. Hold less than a "1.0" time base;
   2. Hold three-year appointments in the department or equivalent unit;
   3. Have previously satisfactorily taught the course at any CSU campus or are otherwise qualified to perform the work in question; and
   4. Have performed their work in a satisfactory manner.
      
      
2. If new or additional work is still available, incumbent temporary faculty who meet all criteria in (a) above except that they do not hold a three-year appointment shall next be offered the work.
   
   
3. Following the procedure described in subsections (a) and (b) above, if new or additional work is still available for assignment to temporary employees in the department, said work may be offered to qualified temporary faculty or applicants who have not previously worked in the department.
   

Dedicated Lecturer Pay Raise Funding

12.30

Each department shall be provided with a pool of money sufficient to implement all contractually required increases for all temporary faculty unit employees in that department, and solely dedicated for that purpose.

12.31

The recruitment and appointment of tenure-track faculty shall take precedence over any appointment right and entitlement for temporary bargaining unit employees. The work necessary to honor any conditional appointment right and entitlement for temporary bargaining unit employees may be used instead for the recruitment and appointment of new tenure-track faculty.

¹  Pursuant to Supplemental Agreement dated March 1, 2002 in Appendix F on page 237 "the grievance rights of a temporary employee pursuant to provision 12.7 of the Agreement shall remain in effect until the parties complete negotiations to implement Senate Bill 1212 regarding Article 10, Grievance Procedure and Article 19, Disciplinary Action Procedure. The continuation of this restriction will be dependent upon the outcome of those negotiations."