Memorandum of Agreement By and Between Fulton-Montgomery Community College and The Fulmont Association of College Educators

DATE: January 17, 2019
SUBJECT: Successor Agreement to CBA Expiring 8/31/2019

Whereas, the current Negotiated Agreement expires August 31, 2019, and

Whereas, the College and the Fulmont Association of College Educators (FACE) have engaged in bargaining related to a successor agreement, and

Whereas, the College and FACE agreed upon the following new/revised language (denoted in bold):

  1. Article II Recognition. Add Educational Support Specialist VI.
  2. Article III Part D. The Employer agrees to continue to deduct FACE member contributions for U.S. Savings Bonds, United Way, Foundation of FMCC, life insurance, designated annuity plans allowed by the IRS, IRS Section 125 pre-tax spending plan, the FACE Award, VOTE-COPE and direct deposit financial institutions. This includes only those plans in which the College participates. The College agrees to explore additional pre-tax benefits opportunities.
  3. Article VII Professional Workshops and Conferences. Each year, the Employer shall allocate a sum equal to the following amounts ($752, effective 9/1/2019; $769, effective 9/1/2020; $786, effective 9/1/2021; $804, effective 9/1/2022) multiplied by the number of FACE members in the bargaining unit not on leave, said sum to be utilized for the purpose of FACE member professional development (some examples are: professional workshops, conferences, professional organization dues, professional books, subscriptions to professional journals or coursework within the profession). Each FACE member is entitled to the above sum for such purposes; however, upon the written authorization of another FACE member and approval of the administrative supervisor, such sum may be transferred from one to another FACE member. Requests for permission to attend such meetings must be submitted to the administrative supervisor, if possible, two weeks before the meeting is to convene, giving place and time of meetings, topics to be covered at the meeting, and a summary of expected expenses. In circumstances in which the FACE member attends a meeting as representative or delegate of the College, the preceding limitations do not apply.

    Verified claims for unreimbursed expenses incurred in connection with attendance at authorized professional workshops and conferences may be made on or prior to August 30 of the fiscal year when the approved function occurred. Reimbursement will be made from the unexpended funds remaining in the faculty travel accounts for the same fiscal year if sufficient and, if insufficient, on a pro rata basis. By May 15 of each year the employer shall provide FACE a statement indicating the fund balance as of April 30 in the Professional Workshops and Conferences account.
  4. Article VIII Part H.2 Office Hours. Part-time teaching FACE members shall maintain at least one posted office hour per week for student consultation and otherwise be available by appointment.
  5. Article VIII Part K Notice--Appointments, Reappointments and Changes in Status. The Employer shall notify all term FACE members, in writing, as soon as possible but not later than April 1, of their appointments, reappointments, promotions, changes in status or other changes in the terms or conditions of their position. All FACE members must respond, in writing, to the above notification within two (2) weeks. The Employer shall notify all FACE members on continuing contract, in writing, as soon as possible but not later than March 1, of promotions, changes in status, or other changes in terms or conditions of their position.
  6. Article VIII Part N Intersession/Winter Term. Teaching during intersession/winter term shall constitute additional employment.
  7. Article VIII Part R Counseling Memoranda (New). Counseling memoranda will follow a jointly developed template.
  8. Article IX Part B Faculty Evaluation. A written evaluation will be transmitted to each individual, at the discretion of the Employer or at the request of the FACE member, no later than December 15 for probationary applicants and no later than March 1 for promotional applicant FACE members.
  9. Article XI Part E Bereavement Leave. Each FACE member is entitled to three (3) consecutive days of leave in the event of death in his/her immediate family. Two (2) additional days may be granted with approval of the administrative supervisor. Such days are not considered sick or personal leave days, nor are they cumulative from year to year in any form. For the purposes of bereavement leave, immediate family is defined as spouse or domestic partner, child, parents, siblings, grandparents and grandchildren including in-laws and step.
  10. Article XI Part H Sabbatical Leave. All language remains the same except for the removal of the following sentence from the second paragraph: “Recommendations for said leaves in order of merit shall be made to the Employer by FACE.”
  11. Article XII Part L Total Number of Teaching Faculty. This language is deleted from the agreement.
  12. Article XIII Part C Insurance/Retirement. FACE members employed prior to September 1, 2019 shall contribute ten percent (10%) of the cost of health and life insurance until tenure, whereupon the Employer shall pay the full premium cost. FACE members employed as of and after September 1, 2019 shall contribute ten percent (10%) of the cost of health and life insurance premiums.
  13. Article XIII Part E Health Insurance Buyout (Existing MOA). FACE members who are covered by health insurance from another source and who elect not to receive health insurance offered by the College shall receive $1,250.00 for electing not to receive an individual plan and $2,500.00 for electing not to receive an employee and spouse policy, employee with child(ren) or family plan. The deadline for submitting required documentation for the buyout, including proof of insurance, is the end of the health insurance open enrollment period for existing employees. FACE members whose status change during the course of a year and who are no longer eligible for health insurance from another source shall be permitted to receive health insurance and shall receive a prorated health insurance buyout. When both spouses are employed by the College, this benefit will not be available except to those who received this benefit prior to September 1, 2007.
  14. Article XVI Part B Class Schedules. Excluding those courses offered in the evening, oncampus courses will be conducted between the hours of eight (8) o’clock a.m. and five (5) o’clock p.m. Exceptions to 8-5 schedule: Nursing Labs may be scheduled to commence at seven (7) o’clock a.m.; Art Studio, and Technology Labs may be scheduled to conclude after five (5) o’clock p.m.
  15. Article XVI Part D Weighted Student Contact Hours. A FACE member’s load will be determined by considering the number of contact hours per week which require distinct preparation, identified by having different course numbers, and by the number of weighted student contact hours determined by multiplying the student contact hours by 1 in a lecture course and by 2/3 for a laboratory period, or by 2/3 for certain courses listed in paragraph E below. An overload will occur where the number of weighted student contact hours exceeds the maximum in the following chart and will be compensated at $25.21 as of 9/1/2019, and at $25.78 as of 9/1/2020, and at $26.36 as of 9/1/2021, and $26.95 as of 9/1/2022 per weighted student contact hour for the first 50 which exceed the maximum and at $28.80 as of 9/1/2019, and at $29.45 as of 9/1/2020, and at $30.11 as of 9/1/2021, and at $30.79 as of 9/1/2022 for those in excess of 50. Student contact overloads must be approved by the appropriate Dean, and shall be computed based on enrollment on the census date for each semester as defined by and in compliance with regulations of New York State Audit & Control.
  16. Article XVI Part E.1 Overload Rate. A FACE member who is assigned a section as an overload will be paid for such assignment at the additional employment rate. The weighted student contact hours generated by the overload section will not be used to compute weighted student contact hours or weighted student contact hour overload.
  17. Article XVI Part E.6 Distance Learning. FACE members, who at the request of the Employer, participate in training to teach distance learning or blended learning courses for the first time will be compensated for one (1) contact hour at the additional employment rate for that course. A FACE member, who at the request of the Employer and who has already received training for distance or blended learning courses, will be compensated one (1) additional contact hour if that FACE member has not taught an online or blended course for a period of five (5) years and the course is being delivered on a new platform.
  18. Article XVI Part F Extended Absence. When a FACE member is absent for an extended period of time (more than one week), a qualified FACE member may take over the responsibilities of the absent FACE member and will be compensated at a rate equal to the additional employment salary schedule for the total amount of time that the responsibilities were covered.
  19. Article XVI Part H.3 Evening Onload Assignments. A teaching FACE member shall not be assigned a course on load at night for three (3) consecutive semesters, unless cancellation of onload courses requires it to make load and the assigned course will not create a new preparation.
  20. Article XVI Part H.7 Evening Onload Assignments Deadline. Course assignments in the evening must be scheduled thirty (30) days prior to the first day of class unless that FACE member is scheduled to teach that course that semester, unless cancellation of onload courses requires it to make load and the assigned course will not create a new preparation.
  21.  Article XVI Part I Independent or Directed Study Compensation. FACE members teaching Independent or Directed Study courses will be compensated at a rate of 1/2 the current per credit tuition rate/credit/student.
  22. Article XVIII Duration of Agreement. This contract shall be effective as of September 1, 2019 and shall continue in effect through August 31, 2023.
  23. Schedule A Salary Increases. Effective September 1 of each corresponding year, the base annual salary of returning bargaining unit members shall be increased by 2.0%.
  24. Schedule A Salary Ranges. The salary ranges shall be increased by the base annual salary increases for each year of the Agreement
  2019-2020 2020-2021 2021-2022 2022-2023
Rank/Title Min. Max. Min. Max. Min. Max. Min. Max.
ESS I $41,660 $56,499 $42,493 $57,629 $43,343 $58,782 $44,210 $59,958
ESS II $46,614 $62,949 $47,546 $64,208 $48,497 $65,492 $49,467 $66,802
ESS III $55,942 $73,389 $57,061 $74,857 $58,202 $76,354 $59,366 $77,881
ESS IV $64,748 $88,048 $66,043 $89,809 $67,364 $91,605 $68,711 $93,437
ESS V $75,947 $99,752 $77,466 $101,747 $79,015 $103,782 $80,595 $105,858
ESS VI $86,132 $110,334 $87,855 $112,541 $89,612 $114,792 $91,404 $117,088
Instructor $55,942 $73,389 $57,061 $74,857 $58,202 $76,354 $59,366 $77,881
Assist. Prof. $64,748 $88,048 $66,043 $89,809 $67,364 $91,605 $68,711 $93,437
Assoc. Prof $75,947 $99,752 $77,466 $101,747 $79,015 $103,782 $80,595 $105,858
Professor $86,132 $110,334 $87,855 $112,541 $89,612 $114,792 $91,404 $117,088
  1. Schedule A.5 Continuing Education Salary Schedule. Rename to Additional Employment Salary Schedule. Effective September 1 of each corresponding year, the additional employment salary per contact hour shall be increased by 2.25%.
Salary Per
Contact Hou
r
2019-2020 2020-2021 2021-2022 2022-2023
Instructor $892 $912 $933 $954
Assist. Prof. $928 $949 $970 $992
Assoc. Prof $953 $974 $996 $1,018
Professor $998 $1,020 $1,043 $1,066
  1. Schedule A.6 Coaching Salaries. An index based on the amount of time and responsibility required of each coach, per season, is listed below:
Baseball 6 Basketball 8.5
Bowling 6 Cross Country 6
Director of Athletics. *10.5^  Golf 6
Soccer 6 Softball 6
Trainer 9 Volleyball 6

 

*      Plus 25% release time for Fall and Spring Semesters.

^      This index and release time applies only when the Director of Athletics is a parttime position.

The salary for each coach will be the product of the Index and the Instructor rate for additional employment.

The salary of assistant coaches shall be one-half of the Index of the coach times the appropriate Instructor’s rate for additional employment. The Employer is responsible for the assignment of coaches and their assistants.

  1. Schedule D FACE Member Course Overloads.

    1. The administration will provide full-time teaching FACE members with the first opportunity to teach two (2) overload courses or six (6) contact hours of overload (whichever is greater) in the fall semester, spring semester and summer term, and one (1) overload course or three (3) contact hours (whichever is greater) in the winter term.

    2. Five working days prior to the first day of classes for the semester, full-time teaching FACE members will be provided with an opportunity to replace low enrollment overload courses provided:

    a. Their overload course enrollment is below the cut-off level.
    b. The replacement course is on the schedule, not taught by a full-time teaching FACE member, and is above the enrollment level of the original overload course. (If final enrollment is not above the cut-off level, the replacement course will be canceled.)
    c. The replacement course is one they are qualified to teach.
    d. Overload courses offered by full-time teaching FACE members will not be canceled until five working days prior to the first day of classes.

    3. Full-time teaching FACE members will be provided with an opportunity to replace an on-load course provided:

    a. The on-load course can be covered by a qualified adjunct or full-time teaching FACE member.
    b. The replacement course is on the schedule, not taught by full-time teaching FACE member, and has adequate enrollment.
    c. The replacement course is one they are qualified to teach.
    d. The replacement course does not create a 4-day schedule and does not increase SWCH overloads. If an increase in SWCH overloads results, it will not be calculated in the SWCH total.

    4. Full-time SASF FACE members will be provided consideration over adjunct faculty where a SASF FACE member possesses the appropriate qualifications and the SASF FACE member has received positive evaluations of teaching by the Academic Dean

     
  2. Update all references to NTP and Non-Teaching Professionals to SASF or Student and Academic Services Faculty.

     
  3. Incorporate any MOA’s not already added to the agreement.

     
  4. Appendix A List of Recognized Titles. Add any new titles and update any revised titles.

     
  5. All other terms and conditions of the immediately preceding collective bargaining agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives in the manner following as of the day and date first written above.

FACE:
Patrick Grande
President

FULTON-MONTGOMERY COMMUNITY COLLEGE:
Dustin Swanger, Ed.D.
President

Resolutions