4.1 Year of Service. For the purpose of this agreement, a year of service is service for an employment year as defined in 5.3. In the initial year of employment or upon recall from layoff any bargaining unit member whose employment begins no later than October 1 shall be credited a full year of service.

4.2 Continuing and Career Appointments.  A continuing appointment is an appointment to a position of academic rank which shall not be affected by changes in such rank and shall continue unless terminated for just cause. A career appointment is an appointment to any unit position not having academic rank which shall continue unless terminated for just cause. Such career appointment survives movement to a higher gradation of the same title. For purposes of this agreement movement from Programmer Trainee (Grade 1) to Programmer (Grade 2) to Senior Programmer (Grade 3) to Programmer Analyst (Grade 4) to Database Administrator (Grade 5) or Systems Analyst (Grade 5), or movement from Financial Aid Assistant (Grade 1) to Technical Assistant-Financial Aid (Grade 1) to Financial Aid Advisor (Grade 2) to Senior Financial Aid Advisor (Grade 3), to Assistant Director of Financial Aid (Grade 5) or movement from Technical Assistant (Grade 1) to Technical Assistant-Academic (Grade 2), or movement from Financial Aid Accountant (Grade 2) to Assistant to the Controller (Grade 2) to Financial Analyst (Grade 5) to Senior Financial Analyst (Grade 5) shall be considered movement to a higher gradation of the same title. When a unit member who has earned a career appointment moves to another position where a career appointment is a possibility, consideration for career appointment is automatic after two (2) full years of service. The time may be extended by mutual agreement of the parties.

A. Method of Appointment. All continuing and career appointments shall be made by the Board on the recommendation from the President.

B. Consideration. Consideration for continuing or career appointment is automatic for all eligible probationary employees. All probationary employees may be considered for continuing or career appointment after one (1) full year of service in academic rank or unit title. Appointees shall be granted continuing or career appointment not later than the completion of a term of five (5) years of credited service in academic rank or unit title or their services must be terminated, except as provided in 4.3.C.

C. Service Credit. The following shall be used in computing years of credited service:

1. Each consecutive appointment to academic rank or unit title;

2. Periods of leave with salary during appointment periods;

3. Periods of leave without salary at the discretion of the Board;

4. Non-consecutive appointments to a maximum of three (3) years.

5. Part-time employment while on unpaid leave per Article 11.12 to a maximum of three (3) years.

D. Administrative Assignment. Any eligible person given an appointment with academic rank concurrent with or subsequent to administrative assignment shall acquire a continuing appointment in the same manner as otherwise herein provided, but such continuing appointment shall apply only to the position of academic rank.

E. Retention of Continuing or Career Appointment. An appointment to a college administrative position shall be without loss of continuing or career appointment status in the position of academic rank or unit title held prior to the administrative appointment. An employee with a continuing or career appointment who moves to a new title and thereafter returns to the same or a similar position shall return with continuing or career appointment.

F. Procedures. Not later than November 1 of the fifth year of credited services the appropriate College Administrator shall submit a written recommendation with justification as to the candidate to the appropriate Vice President or Dean. For the purposes of continuing and career appointment: If at the time of consideration for continuing and career appointment, unit members are assigned obligations in two or more departments or Centers as part of their professional duties, recommendations for continuing and career appointment from all department heads or Deans will be used.

G. Notice. Written notice that a continuing or career appointment is, or is not, to be granted shall be given not later than five (5) business days following the regular February Board meeting or March meeting in the event there is no February Board Meeting, preceding the completion of five (5) years of credited service.

4.3 Probationary Appointment. A probationary appointment is a full-time appointment prior to the granting or denial of continuing or career appointment.

A. Duration. Probationary appointments shall be for a period not to exceed five (5) years of credited service.

B. Method of Appointment. All initial probationary appointments shall be made by the Board following recommendation from the President.

C. Renewal and/or Termination.

1. Probationary appointments may be renewed but the accumulated time shall not exceed five (5) years of credited service unless by mutual agreement of the parties.

2. An appointee with from one (1) to four (4) years of service credit whose probationary appointment is, or is not, to be renewed shall be notified in writing not later than the first business day of June preceding the expiration date of the current appointment.

3. The appointee, if to be renewed, shall signify, in writing, his/her intention to accept or reject appointment not later than two weeks following notice of appointment. Said notice shall be by first class mail sent to the appointee’s mailing address on file with the College, it being the sole responsibility of the employee to keep the College informed of his/her current mailing address. In the event that the appointee fails to respond to the notice of appointment within the two week period, the College shall send a second notice to the appointee by registered or certified mail –-return receipt requested. Absent good cause shown, an appointee’s failure to submit his/her written statement of intention within two weeks following the College’s mailing of the second notice of appointment shall be deemed rejection of such appointment.

4. The termination of a probationary employee in the third (3rd) and subsequent years of credited service at the College is reviewable at the arbitration step of the grievance procedure limited solely to questions of compliance with the notice and evaluation provisions of this Agreement, including having been informed of any deficiencies in writing and receiving a reasonable opportunity to remedy the same.
4.4 Credit for Term Appointment. An employee employed on a term appointment and thereafter employed as a probationary employee in the same or similar position shall be given a maximum of three (3) years credit against the required probationary period and, if the service is not continuous or immediately preceding the probationary appointment, it must have been rendered within five (5) years preceding the probationary appointment.

4.5 Term Appointment. A term appointment is a full-time appointment to a unit position for a limited term of one (1) calendar year or less, for which continuing or career appointments are not available.

A. Examples: The following are types of positions for which term appointments may be made:

1. Administrative positions;

2. Special purpose assignment;

3. Position not expected to be continuing;

4. Replacement for personnel on leave;

5. Interim arrangement.

B. Academic Status. Persons holding term appointment may be granted academic rank consistent with their role and qualifications.

C. Expiration. A term appointment expires at the end of the stated term.

4.6 Promotion. Authority to grant promotions rests with the Board in its sole and absolute discretion following recommendations of the President.

A. Basis for Promotion. Promotion is based on merit.

1. Employees with Academic Rank. To be eligible to apply for promotion to the rank of Assistant Professor, an employee hired on or before August 1, 2007 with academic rank must have completed two (2) years in rank at Mohawk Valley Community College. An employee with academic rank hired after August 1, 2007 must have completed three (3) years in rank to be eligible to apply for promotion to the rank of Assistant Professor. To be eligible to apply for each subsequent promotion, an employee with academic rank must complete three (3) years in rank.

2. Employees without Academic Rank. To be eligible to apply for promotion from Level I to Level II, an employee in one of the titles without academic rank (Appendix D) must have completed three (3) full years of service in that title at Mohawk Valley Community College by December 31 st of the application year. To be eligible to apply for promotion from Level II to Level III, an employee in one of the titles without academic rank (Appendix D) must have completed three (3) full years of service in that title since promotion to Level II. To be eligible to apply for promotion from Level III to Level IV, an employee in one of the titles without academic rank (Appendix D) must have completed three (3) full years of service in that title since promotion to Level III. An employee without Academic Rank who changes title shall retain his/her promotional level (i.e., Level I, II, III, or IV) for purposes of 4.6 (future promotional increases), 10.7 (retirement benefits) and 11.7 (accrual of vacation credits).

An employee without Academic Rank who changes title must normally complete three (3) full years of service in the new title before being eligible to apply for promotion to the next level. When the duties of the new title are not substantially different from the duties the employee performed in the old title, the College may waive this requirement.

3. Eligibility for Promotion. Eligibility shall be determined as of the date on which applications for promotion are due.

• Criteria. Criteria for promotion are determined by the College in the same manner for all employees.

B. Consideration for Promotion. Consideration of an employee for promotion may be initiated by the Administration or by written request of the employee to the appropriate Administrative Supervisor.

C. Recommendation for Promotion. The President, together with his/her recommendation, will also forward to the Board of Trustees the point total from the Promotions Committee for all candidates who meet or exceed the established minimum total for that rank.

D. Denial of Promotion. The Employer will provide unsuccessful candidates for promotion a written summary of relevant deficiencies.

E. Notification. Notification of the granting or denial of promotion shall be given within five (5) working days following the regular May meeting of the Board of Trustees.

F. Effective Date. Promotions may be conferred at any time in accordance with the directives of the Board. Normally, promotions will become effective at the beginning of the academic year following that in which they are granted.

G. Effective with the 2010-2011 fiscal year, employees will receive upon promotion to each rank or level increases in base salary as indicated. This increase is to be added to the base after the application of 9. 2. B.

Instructor to Assistant Professor or Level I to Level II $1500
Assistant Professor to Associate Professor or Level II to Level III $2000
Associate Professor to Full Professor or Level III to Level IV $2500

H. For the purposes of promotion: If at the time of application for promotion, unit members are assigned obligations in two or more departments or Centers as part of their professional duties, recommendations for promotion from all department heads and Deans will be used.

4.7 Grant-Funded or Program-Funded Appointment. A grant-funded or program-funded appointment is a full-time appointment to a unit position supported by grant, program, contract, or other third-party funds.

A. Duration. The appointment expires at the end of the stated period or whenever funding shall cease, whichever comes sooner.

B. Renewal. A grant-funded or program-funded appointment may be renewed at the sole discretion of the College.

C. Continuing Career, Probationary or Term Appointment. A unit member employed on a grant-funded or program-funded appointment is not eligible for continuing, career, probationary or term appointment.

D. Academic Status. Persons holding grant-funded or program-funded appointments may be granted academic rank consistent with their role and qualifications.

E. Credit for Grant-Funded or Program-Funded Employment. An employee employed on a grant-funded or program-funded position and thereafter employed as a probationary employee in the same or similar position shall be given a maximum of three (3) years credit against the required probationary period and, if the service is not continuous or immediately preceding the probationary appointment, it must have been rendered within five (5) years preceding the probationary appointment.