Lane Community College Education Association

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

LCC Faculty Colleagues,

Your LCCEA Bargaining Team met with the College again Monday for an extended bargaining session. The pace of bargaining has quickened as the two parties strive to reach an agreement within a reasonable timeframe before Fall. The College had sent a response (below) by email in advance of our meeting, and your LCCEA Bargaining Team, in turn, presented a response (below).

We have reached agreement on many points. 

The most significant issue of disagreement is whether the College will “assign” faculty to teach synchronously. The College representatives have voiced their strong opinion that managers have the right to assign faculty to teach remote courses synchronously. At the same time College representatives have not answered questions about what they do / do not plan to require, which makes it challenging to understand the College’s position and intent. 

Your LCCEA Bargaining Team has continued to advocate for honoring faculty expertise as academic professionals by allowing faculty discretion in determining how to teach their remote classes, including whether to include synchronous time and how much, consistent with Article 15.2 academic freedom protections.

We will meet again next Monday.

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

Please find below responses to frequently asked questions on Faculty Coordinator/Faculty Chair FASA assignments.

Faculty Coordinator/Faculty Chair FASA FAQ

What is a FASA?

A FASA is a Faculty Administrative Support Assignment.

What are examples of FASAs?

Faculty Chairs, program leads, discipline leads, faculty departmental or divisional coordinators, and faculty with release time for specific assignments are FASAs.

Where can one find more information about contractual guidelines for FASAs?

Article 38 of the faculty contract is devoted to FASAs. The current 2019-2024 contract is posted at: https://lccea.org/wp-content/uploads/2020/08/2019-2024-lccea-lane-contract-07-20-2020.pdf

Are the recently announced Faculty Coordinator assignments FASAs?

Yes – they are Discipline and Department/Division Level FASAs outlined in 38.3 and relevant sub articles of the faculty contract. (Please note: FASAs, which may be called “coordinators,” differ from permanent program coordinator positions for faculty who were hired as coordinators in their original external LCC job posting.)

What role can deans and faculty play in customizing assignment descriptions for FASAs?

Consistent with 38.3.3, “Specific assignment descriptions of FASAs will be developed by the responsible department/division chair/manager in consultation with stakeholders.”

What is the process for filling the new Faculty Coordinator FASA roles?

Consistent with 12.6, all qualified, eligible faculty (e.g. contracted faculty in the department, discipline, or division) must be informed in writing and have the opportunity to apply. Contracted faculty are eligible for FASA positions.

How are FASAs selected?

Consistent with 38.3.4, individual faculty assigned to FASAs must be recommended by all faculty members affected by the position (or selected by rotation) subject to approval of the appropriate manager. The recommendation process may be conducted through regular departmental decision-making processes (e.g. voting, consensus, etc.).

Do FASAs supervise classified staff or faculty?

No. FASAs specifically exclude supervisory duties. (See 38.2.1)

Is it possible for a faculty member who serves as a FASA to return to full-time teaching?

Yes. FASAs are not permanent. They have fixed terms, and reappointment may occur. In addition, faculty may resign from FASA assignments, and FASAs retain seniority rights and the right to return to their regular position. (See 38.2.2, 38.2.5, and 38.2.7).

Is it possible for a faculty member to be required to serve as a FASA or Faculty Coordinator?

No. Consistent with 38.2.9, “No employee shall be required to accept such assignments.”

Lane Community College Education AssociationLCCEA is the faculty union representing the 200 full-time and 375 part-time faculty of Lane Community College.

Our mission

LCCEA engages in collective action to ensure an equitable learning and working environment and advocates for social justice and systemic change for the public good.

LCC Faculty Colleagues,

Your LCCEA Bargaining Team met with the College again on Monday and made the attached 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

Kelly Collins

Christina Howard

Adrienne Mitchell

Russell Shitabata

August 6, 2020

LCC Faculty Colleagues,

Your LCCEA Bargaining Team met with College representatives on Monday. After nearly three hours of discussion, both sides came away with a better understanding of each other’s interests. For instance, the College articulated an interest in maintaining the possibility that face-to-face faculty work could include lecture and/or student services (e.g. counseling).

Please find an updated LCCEA proposal here: Coronavirus Phase1-2 Working Conditions MOA Draft.

The proposal:
* Continues to provide remote work options for faculty in OHA designated at-risk categories;
* Ensures faculty in expanded categories of risk not identified by OHA (e.g. BIPOC, age 60+) or with a vulnerable household member have the option of working remotely or receiving other reasonable accommodations;
* Provides more specific language on PPE for faculty working face-to-face;
* Ensures faculty are respected as professionals with discretion over pedagogy in their classes and without monitoring by deans or other managers;
* Provides CD funding for part-time faculty teaching new courses online or remotely;
* Provides additional compensation for faculty with extra teaching time resulting from social distancing when teaching face-to-face;
* Allows faculty to access campus with a requirement to report visits through a streamlined process but without a requirement that faculty request permission; and
* Protects faculty personal health data,
* among other provisions.

In addition to the proposal, your Bargaining Team also presented a Resolution on Reopening from the LCCEA Executive Council, which includes the following data from the most recent all- faculty survey with 342 participants:
* 93% of faculty strongly support or support, with 85% expressing strongest
support for, allowing faculty members in an at-risk category to work
remotely;
* more than 91% of faculty strongly support or support, with 82% expressing
strongest support for, allowing faculty members with an at-risk household
member to teach remotely;
* 89% of faculty indicate it is very important or important, with the majority
choosing very important, to honor academic freedom so that faculty teaching
remotely make decisions about instructional methods, including whether to
teach synchronously, asynchronously, or a combination of the two;
* more than 90% of faculty indicate that it is very important or important, with the
strong majority choosing very important, that faculty choose whether to teach
face-to-face; and
* 88% of faculty strongly support or support, with more than 75% expressing
strongest support for, ensuring that faculty are provided the opportunity to
participate in developing departmental reopening plans.

We look forward to reaching a reasonable agreement that honors faculty as professionals and protects the health and safety of faculty and the campus community without further delay so that the college may indeed proceed with reopening and so that we may turn our collective attention to the college mission.

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