By Martin Goldstein and Lantz Simpson

    The expansion of Associate Faculty status during the last negotiations, and the subsequent suspension (for this year only) of some of its guarantees due to the massive cutback in sections, has created no small amount of confusion among the membership. With the semester well underway, the initial issues, such as reduced load guarantees and bumping rights, both covered in MOU’s and discussed extensively in earlier issues of the Advocate, have been (or are being) dealt with. In this issue we’re going to focus on additional issues involving AF members who are currently employed under the operative agreements

 

  1. If my load is  cut from two to one class, does that become my regular assignment load from there on in?

 

    First, note that this year (2003-04) is covered under a "one year only" MOU, so your AF status for next year is based on last year's load, not your assignment this year.  If your AF status last year entitled you to two classes per semester this year, then that’s what you’d be entitled to next year.

    If, however, you choose to take only one class next year, instead of the two you are entitled to, your AF status would lapse, since you need to have 5 WTH per semester to be Associate Faculty.  You would, in effect, have no AF guarantees to that one class, and if there's another cutback, then the Chair may have no choice (as is mostly true now) but to hire only AF teachers, and that could cost you your class. So be careful.

 

2. If I take a "leave of absence" for one semester, does that erase my AF status? Could I return the next semester as AF?

 

 

 

AF Q&A

 

    "Leave of absence" is a provision in the contract, but PT faculty are not eligible for a LOA other than sickness, etc.  (see 17.1.4)  If you voluntarily (or involuntarily) do not to teach for a semester or more, you are simply no longer an employee. We have not litigated through grievance the possibility of retaining AF status if you are re-hired after a break in service, but it is doubtful we could win.  On the other hand, this is an issue that we intend to address in future MOU’s or in the upcoming contract negotiations.

 

  3. If I resign, what happens to the Met Life retirement payments I've been making? Do I get that money back?

 

    If you terminate, you may roll over your Met Life into another IRA within 60 days without paying any tax penalty (10%).  You may withdraw it but will have to pay all income taxes plus a 10% penalty.  You may also leave it with Met Life, but it has very poor interest and this is generally considered not advisable. If you start teaching again you may either voluntarily join STRS or you will default into Met Life under Federal law.

 

4. The cutbacks this semester have prevented me from attaining AF status, since there were not enough classes for me to teach two. Does this mean I have to start all over again and get 5 consecutive semesters with 5 or more WTHs?

 

    The answer is, unfortunately, yes. The break in service means you would have to start all over again. However, we believe that this is unfair, because of the special circumstances of this semester, and further believe that the “five in a row” is unnecessarily harsh, and that “five out of six” or something like that is more appropriate. But until we get our view into an MOU or the contract, the existing language stands.