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September 2004, Volume 15, Issue 1 - FA Wins Arbitration for Terminated Faculty |
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By Lantz Simpson
Full-time faculty who were terminated in last year’s program eliminations have won a major victory in a binding arbitration decision handed down recently. Arbitrator Robert D. Steinberg ruled that those laid off faculty had the right to the full value of their overload bank, which means significant additional compensation for those faculty. Initially, upon termination the District paid those faculty at an hourly rate for the hours in their overload bank, which is the contractual procedure in cases of resignation or retirement. However, the contract is silent upon the question of overload bank pay out upon termination.
The Faculty Association filed a grievance, alleging that the laid off faculty had been deprived of their vested right in the full value of their overload bank. The arbitrator agreed. One laid off faculty member will receive over a year’s back pay at full contract rate.
The expense of the full value of faculty’s overload banks was not factored in during the trustees’ decision in May 2003 to lay off the faculty and to eliminate the programs. This is just one more example of the wasteful rush to judgment of May 2003.
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