Tentative Agreement Reached for COVID-19 Working Conditions

LCC Faculty Colleagues,

Your LCCEA Bargaining Team has reached a tentative agreement with the College on working conditions for the 20-21 year for reopening during the COVID-19 pandemic.

As promised, LCCEA members will receive a link to vote to ratify the agreement soon. Please be sure to check both LCC and personal emails.

There will be a Q & ASession for faculty tomorrow (Thursday), September 3, 1:00-2:00 p.m. Please feel free to stop by to talk with members of the Bargaining Team on zoom at: https://lanecc.zoom.us/j/4114035259  (Meeting ID: 411 403 5259).

The MOA is a lengthy one, and we encourage all faculty to read it in its entirety. (Please see attached.)

Provisions for health and safety include:
* Ensuring face coverings are required on campus and other face-to-face faculty worksites;
* Maintaining confidentiality and privacy rights regarding faculty health data;
* Ensuring classrooms are cleaned after each use and a cleaning log is provided for verification;
* Provision of PPE to faculty and students as required by public health guidelines, department plans, the LCC reopening plan, or industry safety standards, whichever has the highest level of protection;
* Provision of N95 masks in Health Professions when indicated;
* Provision of N95 masks upon request to faculty in at-risk categories who work face-to-face; and
* Provision of single-use procedure masks upon request to faculty working face-to-face.

Provisions for remote work:
* Option for faculty who are in OHA at-risk categories to work remotely; and
* Option for any faculty members who are not in OHA at-risk categories to seek a reasonable accommodation to work remotely if scheduled for face-to-face work, and the option to choose to use paid or unpaid leave if no remote work options are possible.

OHA at-risk categories include:
a. People 65 years and older
b. People with chronic lung disease (other than mild asthma)
c. People who have serious heart conditions
d. People who are immunocompromised
e. People with obesity (body mass index [BMI] of 30 or higher);
f. People with diabetes;
g. People with chronic kidney disease undergoing dialysis;
h. People with liver disease; and
i. Any other medical conditions identified by OHA, CDC or a licensed healthcare provider.

Provisions related to compensation and benefits:
* No loss of salary for faculty who exhaust leave time and must quarantine or are ill with COVID or COVID-like symptoms;
* Part-time faculty teaching courses they have not taught online or remotely before are eligible for 1.25 hours pay at the CD (curriculum development) rate for each hour of (normally under F2F operations) scheduled class time as long as have participated (or do participate) in professional development options through ATC — please note: this CD funding is limited to hours of instruction delivered asynchronously;
* Part-time faculty are eligible for up to 4 additional hours of compensation for paid workshop / meeting time for the purpose of professional development and ATC consultation for online or remote teaching;
* For faculty teaching face-to-face, additional compensation for any extra instructional time resulting from “splitting” a section to meet social distancing requirements at the rate of 1.25 hours for every additional 1 hour of teaching at regular salary rates (or contracted overload rate when applicable); and
* Priority for employees to access open spots at campus child development center for childcare.

Provisions related to instruction:
* No required face-to-face (in-person) office hours;
* In the event that a student for a face-to-face class has an accommodation to not wear a face covering, faculty shall receive advance notice and shall be provided an N95 mask and other PPE upon request in advance of the class or the faculty member shall be provided the option of remote work;
* In cases of student not compliance with health and safety requirements (e.g. face covering), faculty must notify Public Safety, and faculty have the right to move class outside or cancel the class session;
* Courses not previously taught in online or remote format may meet minimum standards;
* Faculty are encouraged to use Moodle;
* No manager oversight or surveillance of faculty courses on Moodle;
* Language ensures faculty participation on departmental reopening plan development and changes in Fall and beyond; and
* College shall make every reasonable effort to ensure face-to-face faculty work is assigned to faculty choosing to work F2F.

Provisions related to other working conditions:
* The College shall provide hardware and software to faculty who do not have the necessary equipment;
* No restrictions on faculty access to campus beyond external regulations or Governor’s order with no requirement to seek permission;
* Requirement that faculty making unscheduled campus visits report the time and location to Public Safety and their dean; and
* Ensures the College will fulfill requirements of LCC Reopening Plan (e.g. signage; provision of face coverings to students who do not have them, etc.)

What the agreement does NOT include:
There is no provision regarding synchronous or asynchronous instruction. As you are likely aware, this issue was a significant sticking point for the College and Association, about which we were unable to reach agreement. While there is no provision in the MOA about this issue, the College did finally provide clarity at the last bargaining session on Monday and subsequently by email about their intent and plans, which was productive. College representatives acknowledged that there was confusion and miscommunication about the Fall schedules and that they do not accurately reflect faculty plans for teaching. 

Specifically, the Provost provided assurance that:
* no new requirements for Fall remote classes will be announced;
* faculty who find problems with how their courses are listed on the schedule for Fall should contact their dean to correct the issue so that synchronous schedules do reflect the days/times students can expect synchronous time;
* the College will make every reasonable effort to accommodate faculty wishes in the process for Winter and beyond; and
* it is not in the best interest of the college to require faculty to teach in a manner that is against their wishes.

For any synchronous instructional time, faculty have full discretion to determine how that time will be used (e.g. lecture, group activities, Q & A, etc.).  

Your LCCEA Bargaining Team has made clear that the academic freedom language in Art. 15.2 and 5.4 of the distance learning MOA still apply and will solicit faculty feedback as to how the process of Fall schedule corrections and subsequent term schedule development goes. LCCEA will provide a form where faculty may record any challenges in making adjustments to Fall schedules and/or to report problems in Winter or Spring schedule development so that LCCEA may best support you and advocate for all faculty.

Overall, your LCCEA Bargaining Team recommends the MOA for ratification.

Your LCCEA Bargaining Team
Kelly Collins
Christina Howard
Adrienne Mitchell
Russell Shitabata


The Lane Community College Education Association
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