Hyflex MOA Agreement Reached and Other Bargaining Updates
June 10, 2021
LCC Faculty Colleagues,
Your LCCEA Bargaining Team met with the College again yesterday and reached agreement on an MOA (below) regarding the impacts of hyflex instruction:
The MOA provides:
- The College will provide a fully functioning, up-to-date computer in classrooms for use during hyflex instruction, and if it is not functioning and cannot be remedied within five days or moved to another classroom, the faculty member has discretion to offer the class face-to-face or online.
- The College will provide functioning wifi at reasonable speeds to facilitate streaming in faculty offices and instructional spaces or will provide alternative space if it takes more than five days to fix wifi issues.
- Faculty teaching hyflex who attend workshops on the use of Dtens shall be compensated at regular rates.
- If the College offers professional development workshops on hyflex instruction, part-time faculty who have exhausted in-service hours shall be compensated at regular rates.
- Faculty who convert courses to hyflex modality shall be compensated for 70 hours at the Curriculum Development rate as part of regular ATC processes. These hours are in addition to any hours awarded previously for development of the online or hybrid course.
- Classes in hyflex modality shall have the maximum class size reduced by 12.5%.
- For courses that are team taught where class sizes cannot be reduced, faculty teaching in the hyflex modality shall be compensated an additional 0.67 hours (at regular rates below 1.0 FTE and at the overload rate above 1.0 FTE) for each hour of synchronous hyflex instruction.
- Upon request, the College shall make all reasonable efforts to identify, hire, and train a student assistant who shall be provided and assigned to attend all synchronous hours of hyflex courses.
- The College shall provide data including course success rates for in hyflex courses. Consistent with Art. 39.1.2 Faculty Council shall participate in developing campus-wide tools to assess the hyflex modality.
- Individual faculty may refuse distance learning courses (including hyflex) consistent with the Distance Learning MOA.
- All other provisions of the contract and MOAs remain in effect, and this MOA will expire at the time a new contract is completed (e.g. June 30, 2024 or thereafter).
On whole, we think this MOA protects workloads for faculty teaching in hyflex modality through the provision of student assistants and reduced class sizes while also providing compensation for time devoted to curriculum development, and ensures that other basic necessities are provided (e.g. functioning hardware and wifi) to set the stage for faculty to do their best work in serving students. (Please note: the attachment is the messy document used in bargaining. The properly formatted, signed MOA will be posted on the LCCEA website as soon as it is available.)
On an unrelated note, LCCEA has not yet received a response from the College regarding reassignment time for faculty participating on governance councils and looks forward to receipt of a response that demonstrates a renewed commitment to shared governance. (For details see update sent to all faculty on May 28).
In addition, while an MOA is in place for Summer term working conditions, the parties have not begun negotiations regarding Fall reopening. We anticipate more changes to health and safety guidelines soon within Oregon. Given the many changes that have already occured since the April survey of all faculty (e.g. CDC no longer requires masks for fully vaccinated individuals), your LCCEA Bargaining Team may initiate another survey during the summer, if needed, once anticipated updates to health guidelines are announced.
Your LCCEA Bargaining Team
May 24, 2021
LCC Faculty Colleagues,
Your LCCEA Bargaining Team reached agreement with the College on an MOA for Summer (linked below):
In addition to provisions already agreed as of our last update (below), we are happy to report that the MOA meets the strong interest of faculty in requiring the College to notify faculty if they have been in contact with a person who has tested positive for COVID-19 on campus or at LCC activities, a practice that had not been in place unless the circumstances required contact tracing as determined by Lane County Public Health (e.g. close contact of less than 6’). See #22 on attached for details. The MOA also provides that social distancing and mask requirements shall continue for summer in accordance with whichever external guideline in effect is most protective (e.g. CDC, OHA, etc.)
Among other provisions on the MOA, LCC and LCCEA agreed as follows to:
- Extend additional CD (curriculum development) funding for part-time faculty who are teaching classes that they have not taught before in an online or hybrid format at the rate of 1.25 hours of CD compensation for every hour of instruction delivered asynchronously that would otherwise be face-to-face class time;
- Provide additional compensation for faculty members who teach extra hours to accommodate social distancing requirements at the rate of 1.25 times the hourly rate for every extra hour of instruction;
- Maintain numerous safety provisions for Summer;
- Require that managers make reasonable efforts to collaborate with faculty stakeholders in developing or amending department reopening plans ;
- Protect faculty from loss of pay if all sick leave has been exhausted and the faculty member becomes ill with COVID-19; and
- Ensure provision of hardware and software for online teaching to faculty who do not have the necessary equipment, among other provisions.
We appreciate the robust participation of faculty in the bargaining survey and your support in achieving this agreement. Please watch for more updates regarding negotiations over the impacts of the hyflex modality soon.
Your LCCEA Bargaining Team:
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
LCC Faculty Colleagues,
Your LCCEA Bargaining Team met with the College again on Monday and made the following proposal:
The teams had a productive discussion and made progress on a number of issues, including movement toward agreement on:
* protection from loss of salary for faculty who exhaust leave but are required to quarantine;
* appropriate PPE for face-to-face work;
* remote work options for faculty at-risk; and
* accommodations for faculty not at-risk but who request a remote work accommodation or other alternatives, if remote work is not possible, such as the option to use paid or unpaid leave.
One substantial point of disagreement is whether the college assigns faculty to teach synchronously when providing remote instruction.
In addition, we proposed a process that would allow faculty whose requests to teach face-to-face are denied to appeal on the basis of instructional and student learning needs to a Faculty Council appointed committee, which would make recommendations about the disposition of the appeal. The College voiced strong objections to creation of an appeal process and such a committee.
The teams will meet again next Monday.
Your LCCEA Bargaining Team