Important Update for Faculty: Vaccine “Requirement” Implementation and Fall Safety

LCC Faculty Colleagues,

Lane County Emergency Advisory

As you are likely aware, COVID cases are surging in Lane County and throughout Oregon. Given the dearth of available ICU beds, Lane County passed an emergency advisory, which includes recommendations as follows

  • Unvaccinated adults should stay home, not go in public, and get vaccinated;
  • Employers should encourage remote work;
  • In addition to indoor masking regardless of vaccine status, all should wear masks outdoors whenever 6’ distance is not reliably possible (also mandated by Governor Brown to take effect this Friday); and
  • Individuals should avoid activities that may cause injury due to lack of hospital capacity, among others.

See the full Emergency Advisory Guidelines.

Vaccine Implementation

The College has provided more information about the implementation of the vaccine “requirement.” In addition to concerns that no proof of vaccination status is required and the option of a philosophical exemption, the Administration has explained that for the approximately 5,000 students who are already registered for Fall, there will be only “soft holds” added to their accounts in Banner. These “soft holds” will not affect student registration for Fall, nor will the holds impact student attendance in-person in Fall. Students will receive reminders that they need to complete the vaccination form, but if they do not do so, they will continue to be enrolled for Fall. “Hard holds” will be implemented at a later date such that students already registered for Fall will not be able to register for Winter until they complete the form. 

For students not yet registered for Fall, “hard holds” will be added to their accounts so that they cannot register for Fall until they complete the vaccine form. However, these “hard holds” are not yet implemented, so a new student registering today will have only a “soft hold” as described above.

In addition, while other institutions have developed processes for verifying medical and religious exemptions, there are currently no plans for a review, verification, or approval process for medical or religious exemptions requested by LCC employees or students. 

More on Fall and Bargaining over Safety and Working Conditions

Your LCCEA Bargaining Team met with the College again today and, together with LCCEF, advocated for better processes in implementing the vaccine requirement in accordance with the Board of Education vote that the mandate take effect for Fall term. However, it is clear that the Administration does not intend for the requirement to be implemented in a manner that requires proof of vaccination status nor requires students who attend in Fall to complete and submit the form without affecting their registration status until Winter term.  At the same time, the unions’ joint proposal and the College’s proposal are the same in that both require vaccines or approved exemptions by the beginning of Fall. 

The disconnect between the College’s written proposal in bargaining and the College’s actual plans for the vaccine “requirement” implementation is both surprising and deeply concerning, given the implications for the health and safety of the campus and entire community.

In addition, the current MOA in effect for faculty for Summer term requires the College to notify faculty if a student who attends their in-person class tests positive. The LCCEA and LCCEF have jointly proposed that such notice continue in Fall and beyond for in-person exposure to classified or faculty employees, but the College has indicated they do not accept the proposal and wish to make notice only when there is “close contact,” currently defined as less than six feet distance for 15 minutes or more. This means that, for example, a faculty member teaching a class with social distancing in the classroom where a student tests positive would receive no notice.

The College has also rejected the LCCEF-LCCEA joint proposal to provide portable HEPA filters for shared offices and classrooms upon request. Ventilation and air filtration are important strategies to mitigate risk of COVID transmission. For instance, see: https://jamanetwork.com/journals/jama/fullarticle/2779062 (Thank you, Chemistry faculty.) While many areas on campus are now served by MERV 13 filters, not all spaces and classrooms have windows or efficient airflow from the HVAC systems. The federal government has allocated $27 Million to LCC, specifically to address costs resulting from the pandemic, which can be used for these relatively minor expenses.

The College has also proposed that unvaccinated employees and students be subject to periodic testing but cannot commit to paying for the testing at this time.

The parties also discussed a mask and social distancing requirement for Fall term. Even though both the College and the LCCEF-LCCEA joint proposal tie safety measures to the most protective public health guidelines, the College had removed language requiring masks and social distancing for Fall. After considerable advocacy on the part of both unions, the College agreed to restore the mask and social distancing requirement specified in the proposal.

While the parties’ agreement that masks and social distancing be required in Fall represents some small step toward agreement, the number of unresolved issues is significant as are the substantial and direct impacts to not only the health and safety of faculty, but also for the entire campus and broader community. 

Please stay tuned for more information and joint communications from the LCCEF and LCCEA Action Teams.

Your LCCEA Bargaining Team,

Kelly Collins

Adrienne Mitchell

Nancy Wood

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LCC Faculty Colleagues,

A few brief updates on changes to Fall plans since last week as we navigate the ongoing surge in COVID cases due to the Delta variant:

Social Distancing Restored for Fall Classes
The College has agreed to restore social distancing for Fall classes, which means that class capacities that had been increased over the past few weeks will be reduced to previous levels (i.e. 50% of classroom capacity) to ensure space for distancing for face-to-face instruction.

Vaccine Requirement Implementation
As you are likely aware, the Board of Education voted in July to require vaccines for students and employees participating in face-to-face activities at all LCC locations, allowing medical and non-medical exemptions. Faculty should complete the required form by September 14. Some concerns have arisen because the vaccine mandate forms do not require proof of vaccination status and allow philosophical and other exemptions. Effectively, this means that LCC will not be a “fully vaccinated campus.” 

LCCEF and LCCEA are working together in solidarity to address this gap in bargaining with proposals that require the publication of the campus vaccination rate weekly and safety measures tied to both public health guidelines and the campus vaccination rate. Publication of the campus vaccination rate will promote transparency and help galvanize efforts to increase the rate in order to help protect students and employees on campus as well as to promote public health in the broader community.

Please see the proposal below provided to the College by LCCEF and LCCEA today. The next Bargaining session is scheduled for Monday, August 23. Please join me in sending appreciation to faculty members Kelly Collins and Nancy Wood, whose service on your LCCEA Bargaining Team frequently requires several meetings per week.

Reminder — Flexible Workplace Arrangement Requests: Two Options
It is possible to request an ADA accommodation for remote work due to a faculty member’s own serious health condition. In addition, it is possible to request a flexible workplace arrangement due to concerns about household members, school/daycare issues, etc. Please see email from Sharon Daniel in HR to all LCC employees from May 11 at 5:24 p.m. (copied below), which provides more details on the process and links to forms to make requests for remote work. 

My best,
Adrienne

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Changing Guidelines, Contradictory Messages, and Bargaining: Fall Opening

LCC Faculty Colleagues,

A brief update as COVID conditions, public health guidelines, and campus plans for Fall, continue to change —

External data and changing guidelines:
Please see a brief list of recent information reviewed by LCCEA, LCCEF, and the Covid Advisory Team.

  1. CDC recommendation that all wear masks indoors, including fully vaccinated, in areas of substantial or high transmission (See: https://www.cdc.gov/coronavirus/2019-ncov/vaccines/fully-vaccinated-guidance.html )
  2. Lane County high transmission rate (See:https://covid.cdc.gov/covid-data-tracker/#county-view )
  3. Data on highly contagious nature of Delta variant (See: https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html )
  4. Oregon data: one in five COVID cases in July were in vaccinated people; one in ten deaths in vaccinated people: https://www.opb.org/article/2021/08/07/covid-19-oregon-cases-delta-variant-vaccine-health-authority/ and OHA Breakthrough Report: https://drive.google.com/file/d/1FzqDmjrZhXvqC538QhlzTe-fdomLme9W/view?usp=sharing 
  5. Data on record number in ICU in Oregon as of yesterday: https://www.oregonlive.com/news/2021/08/oregons-coronavirus-icu-record-shattered-once-again-as-all-signs-point-to-out-of-control-5th-surge.html 

Evolving Plans, Contradictory Messages, and Bargaining:
As reported last week, LCCEA and LCCEF made a joint proposal based on shared interests for the campus community with additional provisions specific to the needs of each group. LCCEA and LCCEF representatives met together with the College yesterday to discuss the joint proposal. The College provided a counter proposal by email this morning (see below), and the three parties will meet again tomorrow. More information will be forthcoming from your LCCEA Bargaining Team. Please do not hesitate to reach out to any one of us: Kelly Collins, Nancy Wood, Cynthia Campos, or myself.

In the meantime, the Lane Weekly sent to all campus members today includes a link to an “Operational Framework” for Fall created by the Administration without input from stakeholder groups. 

Please note that the Administration’s Operational Framework does not align with current public health guidelines (e.g. social distancing for unvaccinated on college campuses, masks indoors for all).


Please also note that this “Operational Framework” does not align with the LCCEA/LCCEF joint proposal, nor does it align with the College’s own proposal sent earlier this morning. For instance, both the College and LCCEA-LCCEF joint proposal include a provision that ensures LCC will follow mask recommendations based on the most protective public health guidelines. In addition, the LCCEA-LCCEF joint proposal also includes a provision that social distancing be implemented in accordance with public health guidelines.

The COVID Infectious Disease Advisory Team (re-named Reopening Team) had its first meeting today shortly after the Administration’s “Operational Framework” was released. Without the opportunity to contribute to the “Operational Framework,” many committee members expressed confusion and concern that the purpose of the newly reconvened committee was to collaboratively develop the framework only to learn it had already been published.

The Committee approved a temporary suspension of non-essential, non-instructional meetings indoors and also agreed to a recommendation that all campus protocol align with public health guidelines, including masks indoors in Fall term consistent with CDC and OHA guidance. Ultimately, once the College and both unions reach agreement on an MOA for Fall, the provisions will be binding and will supersede any “operational framework” that is less protective. Your LCCEA representatives will provide updates as more information becomes available and as negotiations proceed.

Reminder — Flexible Workplace Arrangement Requests: Two Options
It is possible to request an ADA accommodation for remote work due to a faculty member’s own serious health condition, In addition, it is possible to request a flexible workplace arrangement due to concerns about household members, school/daycare issues, etc. Please see email from Sharon Daniel in HR to all LCC employees from May 11 at 5:24 p.m. (also below), which provides more details on the process and links to forms to make requests for remote work. 

My best,

Adrienne

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Update for Faculty: Fall Opening & Joint LCCEA-LCCEF Bargaining Proposal

LCC Faculty Colleagues,

As reported last week, LCCEA, your faculty union, and LCCEF, the classified union, are committed to working together in solidarity as we navigate the transition to a more substantial campus reopening and vaccine requirements for Fall. [See email correspondence from July 29 2021 and June 29 2021 at the end of this post for more information].

The Administration commitment (also reported last week) to include stakeholder groups in planning for campus COVID protocols for Fall has not yet come to fruition. 

In the meantime, the Administration notified LCCEA yesterday that class capacities would increase to “normal” class sizes or “approximately 75%” depending on the size of the room but has provided no response to questions about what social distancing measures would determine these changes to class capacities, nor which classes would be affected. In addition, this week some faculty members have reported seeing increases in class capacities for their Fall courses on the schedule as well as cancellation of sections affecting part-time faculty after the increased class capacities caused reductions in the number of sections.

LCCEA and LCCEF continue to advocate together and have requested joint bargaining with the College. Our shared interests are many, and primarily focus on health, safety, and working conditions that affect the entire campus with implications that extend to the public health of the broader community.  The College is required under the PECBA (Oregon’s Public Employee Collective Bargaining Act) to negotiate in good faith for this interim bargaining, resulting from proposed changes in working conditions, and to do so for at least 90 days before implementing any such changes.

Today we sent the joint proposal (below), which you will see includes one section of joint proposals affecting both groups (e.g. mask protocol, distancing, etc.) as well as separate sections for faculty and classified related to the unique needs and working conditions of each group.

The proposal includes provisions that link campus COVID safety protocols to the campus vaccination rate as well as to public health authority recommendations. In addition, a number of provisions in the faculty section address workload and compensation implications for instruction over this transitional period.

We look forward to continuing to build solidarity among faculty and classified as we await a response to our request for joint bargaining from the College.

More communications from your LCCEA Bargaining Team (Kelly Colllins, Nancy Wood, Cynthia Campos, and myself) will be forthcoming.

My best,
Adrienne

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Hyflex MOA Agreement Reached and Other Bargaining Updates

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

Kelly Collins

Adrienne Mitchell

Nancy Wood

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