How the CBA protects Longy faculty

Three critical and new protections for faculty members are included in our Collective Bargaining Agreement (CBA): (1) Article 4. Just Cause, (2) the “no anonymously authored documents” clause in Article 13. Personnel File, and (3) the sentence stating that “Student evaluations will be considered in the aggregate” in Article 14. Student Evaluations.

Just Cause

One of the most important protections included in our CBA is also one of the simplest and shortest articles in the entire contract:

Article 4. Just Cause 
Discipline shall be for just cause.

It seems simple enough, and an obvious statement of fairness and decency, but in the past, faculty were not contractually protected by this safeguard.

In practice, as defined by well-established guidelines of the American Arbitration Association, in order to establish “just cause” in the implementation of employee discipline, an employer must be able to prove that the answer to all of the following seven questions is ‘yes’:

1. Did the employer give the employee forewarning or foreknowledge of the possible or probable disciplinary consequences of the employee’s conduct?
2. Did the employer’s rule or order reasonably relate to the orderly, efficient, and safe operation of the business?
3. Did the employer, before administering discipline to an employee, try to discover whether the employee did in fact violate or disobey a rule or order of management?
4. Was the employer’s investigation conducted fairly and objectively?
5. During the investigation, did the ‘‘judge’’ obtain substantial evidence or proof that the employee was guilty as charged?
6. Has the employer applied its rules, orders, and penalties evenhandedly and without discrimination to all employees?
7. Was the degree of discipline administered by the employer in a particular case reasonably related to a) the seriousness of the employee’s proven offense and b) the record of the employee in his service with the employer?

Furthermore, the burden of proof lies with the employer. In other words, the employer must present sufficient credible evidence to prove that all of the seven tests above are met. When an administrator investigates an employee’s alleged infraction, they are allowed to act as “prosecutor” and “judge” at the same time, but they may not also act as a “witness” against the employee. An employee’s past record may not be used as evidence in proving the offense in question, although it may be used in determining the severity of discipline imposed if the employee is found guilty of the offense.

No anonymously authored documents

Article 13. Personnel File first sentence reads, “Personnel files shall contain information relevant to each employee’s work at Longy including factual information such as salary history, performance evaluations and benefit coverage, but excluding any anonymously authored documents.” (emphasis added) This means, for example, that anonymously authored complaints from students, other faculty, or administrators alike may not be part of one’s official personnel record. In the past, this was not the case.

More and more these days, however, companies, schools, state governments and even some countries are putting this type of requirement in place. This protects faculty against the deleterious effects that unsupported and unsubstantiated claims can have on their careers and reputations.

Student evaluations ‘in the aggregate’

In the past, several faculty members suffered negative consequences imposed by the administration based on ad hoc consideration of sometimes even a single anonymous report from a student. Now the CBA requires in Article 14. Student Evaluations that, “Student evaluations will be considered in the aggregate,” assuring Collective Bargaining Unit (CBU) members that a small number of “outlier” negative evaluations cannot inordinately affect a faculty member’s evaluation.

What faculty can do

If any CBU member feels that the administration is acting or communicating towards her or him in an accusatory manner, unjustly accusing her or him of a policy violation, or that the administration is using anonymously authored documents or individual student evaluations in justifying a negative evaluation, CBU members can and should stand up for their rights under the CBA. We encourage CBU members to report any such infractions to the LFU Executive Board, and we will zealously work to help you preserve and assert your rights under the CBA.

If necessary, and if the circumstances and evidence warrant it, the Union has the ability to file a grievance on your behalf and provide representation throughout the process.

Faculty Artist Recital: Marco Granados

Thursday, November 17, 2011 at 8:00 p.m.
Edward M. Pickman Hall
Admission FREE

Program:

Marco Granados teaches flute and chamber music at Longy, and is also involved in the Experiential Education Program. Classically trained, Marco established his career in New York playing chamber music, but in the last 10 years, he has focused his energy more on playing Latin American music, both classical and popular. Marco views his appointment at Longy, which is now in its second year, as an opportunity to return to his classical roots, although he will also be performing music with more Latin American and jazz roots in a March concert at Longy sponsored by the Modern American Music department.

The first half of his November 17 recital will feature music with North American roots: the Copland Duo for Flute and Piano, and the Martinu Sonata, which was composed on Cape Cod. The second half of the program will begin with Venezuelan composer Paul Desenne’s Variaciones Impossibles, a work that weaves Venezuelan rhythms into a set of five variations on the theme from Mission Impossible.

Marco says, "In my own exploration of Latin American music, some of which is extremely difficult for the flute, I learned some new techniques particularly related to relaxation and flow of the air in the high register that I am applying to the famous classical pieces on the program. As a teacher at Longy, my hope is to contextualize some of what I'm trying to get my students to do."

New LFU News series to highlight
teaching ideals and ideas

We are pleased to announce an upcoming series of articles in LFU News that will provide a new opportunity for faculty members to spread the word about the excellent educational opportunities they offer at the School. The articles will explore Longy faculty members’ teaching philosophies, aspirations for students, sources of inspiration, and other thoughts regarding their work at the School. In keeping with the Union’s goal of supporting faculty members and enhancing the vitality of the Longy community, we are excited to create this new vehicle for our colleagues to inform LFU News readers about what Longy faculty do to create, inspire, and motivate students as well as each other.

The School’s newly and unilaterally instituted course cancellation schedule is unfortunately presenting new obstacles for both faculty and students regarding the actual running of scheduled classes. We as a union are addressing the issue and understand the difficult situation this action has created for the Longy community.

In the meantime, to help ensure that their own classes will run, faculty members can be proactive in promoting their teaching at the School by taking steps such as (1) directly contacting students on current and previous class rosters, and (2) participating in this new series of articles. Readers can support our efforts by sharing these stories with friends. Interested Longy faculty should email Deborah Beers at beersjones@aol.com. Publication of these articles will depend on the LFU News schedule, which is variable.

Longy accelerates hiring plans

Just one year after the announcement of the “realignment,” Longy began hiring new faculty. In March 2011, five new Community Programs (CP) positions were posted on the Longy website, and now, just over one year after the “realignment” took effect, the School has announced 11 new positions over the last three weeks—five in the Conservatory (posted on the Longy website) and six in CP (emailed to the faculty). Considering the numbers of faculty members who lost positions in either the Conservatory or CP due to the “realignment,” these 16 new positions represent a major hiring initiative.

Furthermore, the 11 new positions in Conservatory and CP were never brought to the attention of the Faculty Planning Committee (FPC), which was elected by the faculty in May 2011 to represent the faculty’s voice in these matters. In fact, the job opening announcements were made just days prior to the most recent and previously scheduled FPC meeting.

Upcoming meetings

• Monday, December 5, 2011, 1:00-3:00 p.m., Executive Board Meeting, Room 21