5.1 Wherever used in this Article the term:
A. Teaching faculty shall mean those bargaining unit employees who normally teach as a major part of their professional obligation.
B. Non-teaching faculty shall mean those bargaining unit employees who normally do not teach.
C. Class period shall mean a 50-minute period in which a group teaching method is employed, including recitations, lectures, discussions, demonstrations or combinations of these. Where class sessions are for two or more consecutive periods, a break equal to ten minutes for each sixty minutes will be scheduled by the faculty member.
D. A practicum period shall mean a 50-minute period devoted to the direction and guidance of student application or development of principles, concepts, and skills in a particular physical environment. The practicum period includes laboratory, clinical laboratory, studio periods, drafting work, field trips, and internships. Where multiple consecutive practicum periods are scheduled, breaks equal to ten minutes for each sixty minutes of the practicum session will be scheduled by the faculty member.
E. Contact hour shall mean a class period or a practicum period.
F. Teaching credit hour shall mean a class period or 2.0 practicum periods.
G. Course shall mean a program of instruction recorded with the Registrar and designated by a single catalog number.
H. Service, as used herein, shall mean the availability of the employee to properly perform the duties and responsibilities of his/her professional obligation.
5.2 Designation of contact hours as class periods or practicum periods for any new course or changes in such designation shall follow procedures established by the College Administration
5.3 Employment Year.
A. For a fiscal-year employee an employment year shall begin on the first day of the fiscal year of the College (September 1) and end on the last day of the fiscal year (August 31).
B. For an academic-year employee an employment year shall begin one (1) week before the start of instruction in the day classes of the fall semester and end eight (8) days before the start of instruction in the day classes of the subsequent fall semester.
A. Changes in Work-Year Obligations. When employment-year obligations are changed, affected employees shall be notified of the change not later than three (3) months preceding the date for which the change is to be effective. In such instances the impact on all terms and conditions of employment will be negotiated with the Association.
B. Flex Time. Upon prior written mutual agreement between an employee and the employee’s immediate supervisor, and approved by the President or the President’s designee, the employee’s normal work schedule may be altered for a period of time up to, but not exceeding, one year. Such work schedule may fall outside provisions of Articles 5.5 or 6.4. The College shall provide the Association with a copy of the agreement. The agreement may be renewed by mutual agreement of the employee and the immediate supervisor for up to one additional year.
5.5. Work Day.
A. The work day, except for teaching faculty in Nursing and Allied Health, shall be between 8:00 a.m. and 10:00 p.m. The work day for teaching faculty in Nursing and Allied Health shall be between 7:00 a.m. and 11:00 p.m. Except in the instance of intramural and coaching activities a teaching faculty member will be scheduled within an eleven (11) hour span, inclusive of meal periods.
B. During the term of this agreement a committee will be formed to discuss the hours and extent of the workday. This committee shall consist of three members appointed by the President of the Association, and three members appointed by the College President.
5.6 Teaching Load; Full-time Teaching Faculty.
A. The teaching load for the fall and spring semesters commencing the 1989-90 academic year shall be not more than thirty (30) teaching credit hours or thirty-six (36) contact hours. For those faculty achieving teaching load on the credit hour basis, the College may assign one (1) additional contact hour per academic year and pay the affected teaching faculty member for such additional hour(s) at the overload rate set forth in Appendix A (paragraph 9.3) annexed. For those faculty achieving teaching load on the contact hour basis, the College may assign up to three (3) additional contact hours in the academic year and pay the affected teaching faculty member for such additional hour(s) at the overload rate set forth in Appendix A (Paragraph 9.3) annexed. Teaching faculty members may elect to teach twelve (12) teaching credit hours/fifteen (15) contact hours per semester provided written notice of such election is given by the electing teaching faculty member to his/her Dean by May 1 preceding the year in which reduced load is taken.
A faculty member may elect either  the spring semester or  the fall and spring semesters.
1. Where an election is for reduced load assignment for the academic year, the Association will grant a waiver covering annualization of load if timely requested and if assignment other than annualized would result in the employee being underloaded in one semester and reasonable alternative scheduling is not available.
2. Any compensation for hours beyond reduced load will be pro-rata based upon the load reduction.
3. The base salary of a faculty member electing to teach a reduced load shall be reduced as follows:
The foregoing sums were calculated by applying to the prior year’s sums a percentage equal to the base unit salary increase for each year.
B. Bargaining unit members who are assigned coaching duties will receive contact hour credit according to past practice. Each teaching credit hour is equivalent to 5/6 of a contact hour .
C. An optional overload (voluntary on the part of the teaching faculty) shall be permitted beyond the limitations set forth in paragraphs 5.5, 5.6A, and 5.7A hereof. Teaching faculty accepting such voluntary overload shall be compensated therefor at the overload rate set forth in Appendix A, paragraph 9.3 annexed. Credit courses and non- credit courses generating FTE credit, whenever offered, shall be subject to overload compensation. Compensation for other non-credit courses shall be based upon mutual written agreement between the Instructor and the College. Compensation shall be paid at the time of such overload instruction; however, adjustments in the faculty member’s schedule assignment in subsequent semesters may be required to justify overload compensation. In the event that schedule assignment adjustments cannot be made to justify such overload compensation, the faculty member shall be required to reimburse the College for over-compensation to the extent that the foregoing annual maximums are not exceeded. Except as provided for in Article 5.6D, the College has no obligation to assign such available courses to individual teaching faculty volunteering therefor. Faculty members electing to teach a reduced load may not teach overload assignments.
D. Overload Compensation . Bargaining unit members will have priority for two (2) overload sections per session and the same will be made available to qualified non-teaching faculty members on an equal basis with qualified teaching faculty members. The College shall make assignment to such sections. This priority does not apply to a non-teaching bargaining unit member for any session during which that non-teaching bargaining unit member is on a reduced workload. Nor does this priority apply to any bargaining unit member on leave as further specified in 11.13.
- Such priority will be commensurate with the practice whereby non-unit Administrators will continue to be assigned such sections.
- Non-teaching faculty will be eligible to teach courses for overload compensation. Credit courses and non-credit courses generating FTE credit, whenever offered , shall be subject to overload compensation. Compensation for other non-credit courses shall be based upon written mutual agreement between the Instructor and the Administration.
- Non-teaching faculty overload assignments shall not be made during the regular work day unless mutually satisfactory arrangements are made to permit the individual to meet his/her regular obligations.
- Concurrent with or subsequent to the distribution of semester teaching assignments each Center will make available to all interested bargaining unit members a list of all sections then known to be offered that semester or summer session which have not been assigned on load. This list will be supplemented as additional sections become available through the day preceding open registration and shall include section times, contact hours, and locations. Notice of such additional sections shall also be given via the “All Full-time Employees” email distribution list. Bargaining unit members will have up to one week but no later than the first day of open registration to request overload from this list. For sections created on or after the first day of open registration, it is incumbent upon unit members to give advance written notice of interest to the appropriate Deans in order to be considered for such openings. The procedures to be followed in requesting overload assignments shall be as contained in Appendix E.
- Priority for a bargaining unit member is met when a member who has requested one section is assigned and teaches one section or when a member who has requested two sections is assigned and teaches two sections. The teaching of one overload assignment by a bargaining unit member shall take priority over teaching by a classified employee, a part-time employee, a second assignment for a bargaining unit member, or one assignment for a non-unit administrator. The teaching of two overload assignments by a bargaining unit member shall take priority over teaching by a classified employee or a part-time employee and over a second assignment to a non-unit administrator.
- The exercise of priority rights as above by a bargaining unit member in no way obliges the College to assign more than a total of twelve (12) contact hours of overload per academic year excluding intersession and summer terms to each qualified bargaining unit member.
- Upon prior mutual written agreement between the unit member and the appropriate College Administrator, teaching in the intersession or the summer session(s) may be considered as load. Intersession or summer session(s) on load shall not result in reduced load as provided in Section 5.6A of this Article. In the event a unit member is no longer affiliated with the College, any unused intersession or summer teaching considered as load will be compensated at the overload rate in effect at the time the teaching was performed.
E. Duties of and compensation or release time for the coordinating of departmental or Center or administrative functions shall be based upon mutual agreement between the employee and the Administration. Such agreement shall terminate at the end of the stated term. Such agreement shall be automatically renewed for the same length of time as the original agreement unless either party terminates the agreement in writing at least 30 days prior to its expiration . These activities may include, but shall not be limited to, course development, coordination of team teaching, and committee assignments.
F. Team Teaching. When a course is team taught, teaching load shall be pro-rated among the assigned teaching faculty.
A. Except as provided in section 5.12 hereof, preparations shall not exceed three (3) per semester. A waiver will be issued if additional preparations are necessary to constitute a full teaching load. While the College retains the right to assign three (3) course preparations, reasonable effort shall be made to assign fewer.
Physical Education faculty shall not be assigned in excess of three (3) course preparations per each seven-and-one-half (7-1/2) week session.
B. Teaching assignments for any given semester listing the courses to be taught shall be distributed to teaching faculty members no later than five (5) weeks prior to the beginning of the semester in which they become effective. Any adjustments in teaching assignments subsequent to this five (5) week notification shall be made and conveyed, in writing, to the teaching faculty member as soon as practical. Adjustments in teaching assignments to accommodate adjunct or overload employment shall require the written consent of the affected teaching faculty member.
A. Teaching faculty shall schedule, post conspicuously and be available to their students for at least five (5) office hours per week distributed over the days of the week when classes are in session to provide instructional or other assistance. Faculty teaching web based courses may schedule one virtual office hour per web based course up to a maximum of two of the five office hours per week. Virtual office hours will be posted in the same way as other office hours, and faculty will be available on line at those times to provide instructional or other assistance .
B . By mutual agreement of supervisor and faculty member, office hours may be flexed to accommodate student needs during peak academic times. Such agreement or lack thereof shall not be subject to evaluation.
5.9 The teaching load of teaching faculty who may be on leave or who will be appointed for a period of less than two semesters shall be prorated.
5.10 The size of a section scheduled for a class , or practicum period for a particular course shall be determined by the Administration.
A. The expected size for a section scheduled for a class period shall be thirty-five (35) students.
B. The Administration will make every effort to form a new section when any given class size exceeds forty (40) students as of the Census Date.
C. The size of a practicum section will reflect health and safety considerations, and availability of space and equipment.
D. Nothing herein shall prevent the College from providing for large lecture classes or adjusting class or practicum sessions.
5.11 Nothing herein shall prevent the parties from waiving any of the provisions of this article where such action is determined by the parties to be in the best interests of an employee , or the College. Said waiver must be in writing and mutually agreed upon by the parties.
5.12 The provisions of paragraphs 5.7 and 5.10 of this article shall be subject to the availability of funds and space.
5.13 When class sessions of courses taught at correctional facilities require time in addition to that specified in paragraph 5.1 of this Article, that time shall be used for tutoring and be compensated, therefore, at the tutoring rate set forth in Appendix A, paragraph 9.8. Such tutoring time shall not be counted toward teaching load as determined by Article 5.6.
5.14 Instructional Technologies
A. Instructional Technologies
1. The parties shall establish a joint committee to negotiate the impact on all terms and conditions of employment resulting from the adoption of, implementation of, or changes in instructional technology. The committee shall meet upon the request of either party. This committee shall consist of three(3) members appointed by the President of the Association, and three (3) members appointed by the College President.
2. Instructional Technology shall not be used for the purpose of reducing the number of, consolidating, or eliminating bargaining unit positions.
B. Interactive Television
1. Definition. Interactive television exists when an instructor provides instruction by way of live interactive television from one site to another site or to a number of sites at the same time. Any of the sites may be the one at which the instructor is present.
2. Basis of Participation. Participation in interactive television instruction shall be voluntary.
3. Training and Preparation
a. A bargaining unit member who volunteers for interactive television instruction shall be offered training in the use of necessary technology prior to the start of the initial assignment. The College shall determine the type of training and shall make the training available prior to the start of the initial assignment.
b. Additional training shall be offered where feasible as determined by the College at the request of the bargaining unit member.
c. The College shall compensate each bargaining unit member an additional credit/contact hour toward teaching load or overload compensation during the first semester the bargaining unit member volunteers for and is assigned to interactive television instruction. The College may grant an additional hour of such compensation during the first semester the bargaining unit member uses interactive television instruction after major changes in technology.
4. Class Size. Initial credit for any interactive television instruction, regardless of the number of sites, shall be one section on load or overload. Once the combined enrollment at all sites exceeds 35, the bargaining unit member shall receive additional compensation as follows:
Total Enrollment Compensation
36-42 0.20 X overload rate
43-49 0.40 X overload rate
50-56 0.60 X overload rate
57-63 0.80 X overload rate
64-68 0.95 X overload rate
Before the number of students in a section of interactive television instruction exceeds 68, the parties shall reach agreement on compensation for the additional students.
5. Support Services. Bargaining unit members who agree to a College request to provide proctoring or other two-way interactive television services in addition to other job duties or outside the work day as specified in Article 6.4 shall be compensated at the advisement rate.
6. Location of Instructor. The College may assign the instructor of a two-way interactive television section to provide instruction from each of the sites. The bargaining unit member so assigned shall be reimbursed per Article 6.5.
7. Conduct of Session. Recordings of such class sessions may not be used for evaluation without the written permission of the bargaining unit member. Any observation of such sections shall be made following the same procedures used for observation of classes taught by other methods.
C. Web-Based Courses
1. Definition. A web-based course is a course approved by the College for online instruction. A hybrid course eligible for compensation (Section 5.14.C.5) is a course approved by the College for online instruction of which at least twenty percent (20%) is delivered online. If a web-based course consists of an off-the-shelf, pre-authored, or an uploadable cassette/CD/DVD from a book publisher or any other multi-media vendor, it is defined as a prefabricated web-based course. Such a prefabricated course may be used as a web-based course by a bargaining unit member but it is neither subject to ownership nor compensation as described herein.
2. Basis of Participation. Participation in web-based courses shall be voluntary for all bargaining unit members unless a bargaining unit member is otherwise informed in the appointment letter.
3. Technical Support. The College is committed to providing the best training and technical support possible to instructors of web-based courses both during the developmental period and when the course is offered. Faculty and staff who intend to create online courses must be trained in the technology, special skills and methods necessary for online instruction including retraining to address changes in technology. Training will be offered by the College at a mutually agreeable time. The statement of principle contained herein and the commitment to training contained herein are not subject to the arbitration step of the grievance process.
4. Class Size. Beginning with the ratification of this agreement, all web-based courses will have a cap of 25. Upon mutual written agreement with the bargaining unit member, the cap may be raised above 25, but not to exceed 40.
5. Compensation. Once the terms of the contract between the unit member and the College are fulfilled, the College shall compensate each bargaining unit member who develops an approved web-based course as follows for original course development.
First three credit-hour course developed effective September 1, 2013, $1,111; effective September 1, 2014, $1,133; effective September 1, 2015, $1,156.
Second or subsequent three credit-hour course developed effective September 1, 2013, $859; effective September 1, 2014, $876; effective September 1, 2015, $894.
Compensation for developing courses with fewer or more than three credit-hours will be prorated proportionately based upon credit hours. Development monies will be paid in two equal installments, the first half-way through development and the second when the terms of the contract are met.
A bargaining unit member who is approved to modify a course developed by someone else will be compensated effective September 1, 2013, $253; effective September 1, 2014, $258; effective September 1, 2015, $263 per three credit hour course with proration as above. This amount may be increased at the discretion of the College.
The College shall provide additional compensation to each bargaining unit member who teaches a web-based course as follows:
First three credit-hour course taught
First semester effective September 1, 2013, $1,010; effective September 1, 2014, $1,030; effective September 1, 2015, $1,051.
Second semester effective September 1, 2013, $404; effective September 1, 2014, $412; effective September 1, 2015, $420.
Second or subsequent three credit-hour course taught
First semester effective September 1, 2013, $859; effective September 1, 2014, $876; effective September 1, 2015, $894.
Compensation for teaching courses with fewer or more than three credit hours will be prorated proportionately based upon credit hours.
Compensation for developing or teaching part of a course (e.g. the lecture part of a lecture and lab course) will be based on the number of credit hours assigned by the College to the part of the course developed or taught.
6. Ownership and Assignment. Except as provided in this section, a bargaining unit member who develops a web-based course in conjunction with the unit member’s job or teaching assignment, with any extended time or released time, or as a project authorized or directed by the College, shall own that course. For the purpose of determining authorship, the development of a web-based course shall not be construed as work for hire. No part of the course may be used, altered, or modified by the College without the written permission of the unit member. An entire web-based course developed with the support of the College may not be used in competition with the College without the written permission of the College during the bargaining unit member’s employment with the College.
Bargaining unit members who create an original web-based course will maintain ownership and priority to teach one section of the course per semester by seniority. Developers and redevelopers of courses shall be given seniority in chronological order. Once priority has been met for all developers and redevelopers of a given course, assignment begins again with the most senior creator until all sections are assigned.
In every case that an agreement to share is requested by the College, the creator will be given first option to share the course with a colleague without compensation.
In the event that the creator of a web-based course chooses not to teach the course or is at maximum load and overload, the creator may be given the option of allowing usage of the course by the College for teaching by other instructors. During the usage period, the creator will maintain seniority rights to teach the course.
Effective September 1, 2013, the compensation for usage shall be as follows:
$303 per credit hour for 1 year’s usage
$404 per credit hour for 2 years’ usage
$505 per credit hour for 3 years’ usage
Effective September 1, 2014, the compensation for usage shall be as follows:
$309 per credit hour for 1 year’s usage
$412 per credit hour for 2 years’ usage
$515 per credit hour for 3 years’ usage
Effective September 1, 2015, the compensation for usage shall be as follows:
$315 per credit hour for 1 year’s usage
$420 per credit hour for 2 years’ usage
$525 per credit hour for 3 years’ usage
In the event a bargaining unit member allows usage of a course, it will be offered to qualified bargaining unit members to teach before non-bargaining unit members.
Voluntary sharing or allowing usage of courses will not be subject to evaluation.
Redevelopment of courses created by bargaining unit members will be limited to other bargaining unit members.
The parties acknowledge that as a general rule qualified bargaining unit members shall have first rights to develop web-based courses offered at the College. The Association recognizes that there may be exceptions to this rule based on unique qualifications of a non-bargaining unit member. The College will notify the Association during any semester in which a non-bargaining unit member has developed a course.
Upon a bargaining unit member’s separation from the College, the College will obtain joint ownership of any course for which it pays effective September 1, 2013, $404; effective September 1, 2014, $412; effective September 1, 2015, $420 per credit hour. This shall be voluntary for all courses created prior to ratification of the ratification of the 2010-2013 agreement on August 8, 2012.
7. Administrative Observation.
1. For the Purpose of Formal Evaluation. Observation of web-based courses for the purpose of formal evaluation shall follow the same procedures used for observation of classes taught by other methods.
2. For Other Purposes. The College may observe web-based courses for other purposes, including but not limited to compensation pursuant to Section 5.14.C.5 and adherence to third-party requirements. In such instances, the College will notify the instructor in advance in writing (which includes e-mail) of the section to be observed, when the observation will begin and when the observation will end. The College may visit web-based courses for the purpose of response to technical problems without prior written notification.
5.15 Dual-Credit Courses
A. Definition. Dual-credit courses are courses taught in high schools which carry both high school and Mohawk Valley Community College credit.
B. Dual-credit courses shall not be used for the purpose of reducing the number of, consolidating or eliminating bargaining unit positions.
1. The College may request the services of a qualified bargaining unit member to teach a dual-credit course on load. The bargaining unit member shall have the right to refuse the request.
2. Dual-credit courses shall not be available for overload assignment except at the option of the College.
D. During the term of the agreement the parties shall establish a Joint Committee(s) to study and make recommendations about dual credit courses and instructional technology (Sections 5.14.A.2 and 5.14.C.4). Such recommendations, if mutually acceptable to the parties to this agreement, may be implemented at any time. This committee shall consist of three(3) members appointed by the President of the Association, and three (3) members appointed by the College President.
5.16 Combined sections in the Engineering Technologies and Trades
The following shall be the method to determine the compensation for combined sections in CNC Machinist Technology, Machinist Technology, Carpentry and Masonry, Welding, and Airframe and Powerplant courses. Such shall also be the method used for any future courses in the Engineering Technologies and Trades by mutual agreement. Those sections taught simultaneously during the same session by a single bargaining unit member and which require 120 academic hours of instruction and which have a combined enrollment of 24 or fewer students on the census date shall be credited a total of 8 contact hours toward load or overload for the combined sections. If the combined enrollment of such sections exceeds 24 students, the bargaining unit member will receive additional compensation according to the following table.
Number of Students on the Census Date Contact Hours 25-30 3 31-36 6
The number of preparations may not exceed three at any time except for overload unless the parties mutually agree to allow more than three following procedures used to implement Section 5.11 of the collective bargaining agreement.