PART-TIME FACULTY ASSOCIATION AGREEMENT

PART-TIME

FACULTY

ASSOCIATION

AGREEMENT

JULY 1, 2020 THRU JUNE 30, 2023

TABLE OF CONTENTS

Part-Time Faculty Association Agreement

(Table of Contents-1)

Part-Time Faculty Association Agreement 2016-2020

Linn-Benton Community College

Preamble

Article 1 Status of Agreement Article 15

Course Content Rights and

Intellectual Property Rights

Article 2 Headings Article 16 Personnel Files

Article 3 Severability Article 17 Performance Review

Article 4 Association Rights Article 18

Terms and Conditions of

Employment

Article 5 Board (Management) Rights Article 19 Discipline and Discharge

Article 6

Non-Discrimination and

Workplace Environment

Article 20

Contract and Issues

Clarification Committee

Article 7 Interruption of Work Article 21 Grievance Procedure

Article 8 Workload Article 22 Negotiation of a Successor

Article 9 Association Security Article 23 Term of Agreement

Article 10 Salary Article 24 Executive Signatures

Article 11 Leaves Appendix A Salary Schedule 2020-2021

Article 12 Tuition Waiver Appendix B Salary Schedule 2021-2022

Article 13 Professional Development Appendix C Salary Schedule 2022-2023

Article 14 Academic Freedom Appendix D

PREAMBLE

Part-Time Faculty Negotiations (Preamble-1)

Linn-Benton Community College

This agreement is made and entered into this

__ day of ____, 2021, by and between the

LINN-BENTON COMMUNITY COLLEGE BOARD OF EDUCATION (hereinafter

referred to as “the College”) and the LINN-BENTON COMMUNITY COLLEGE PART-

TIME FACULTY ASSOCIATION (hereinafter referred to as “the Association”). The

intent of the agreement is to set forth and record herein the sole and full agreement

between the parties on those matters pertaining to wages, hours, and conditions of

employment for faculty members included in the bargaining unit.

OUR JOINT PHILOSOPHY, MISSION AND VALUES STATEMENT

A. Our joint mission is to support the philosophy and mission of the College as

approved by the Board of Education.

B. Our joint philosophy is to support the efficient conduct of the College’s business

through mutual respect between and among employees, co-workers and supervisors

resulting in a harmonious workplace environment.

C. Accordingly, the Administration and Association agree to maintain a climate of open,

effective communication, mutual trust, professionalism, and respect working together to

achieve the agreement that best fits the needs of the Association members, the

students, the College, and the community.

ARTICLE 1 – STATUS OF AGREEMENT

Part-Time Faculty Negotiations (Article 1-1)

Linn-Benton Community College

A. The College recognizes the Association as the exclusive collective bargaining

representative on wages, hours and conditions of employment for all part-time

faculty who are employed by the College for greater than zero workload credit

equivalents in any given academic term.

1. The term "association" hereinafter shall refer to the Linn-Benton Community

College Part-Time Faculty Association.

2. The terms “part-time faculty,” "faculty," "faculty members," "member," or

"employee" shall refer to all employees represented by the association in the

bargaining unit as defined above.

3. The terms "college" or "board" shall refer to the Linn-Benton Community College

Board of Education or designee.

4. The term "president" shall refer to the President of Linn-Benton Community

College.

5. The term “supervisor” shall refer to the Dean(s), Associate Dean(s), or Director(s)

who makes the offer(s) of employment each term.

6. The term "academic year" denotes the total time from the start of fall term

classes through the end of spring term classes. The term "academic term" refers

to fall, winter and spring term, excluding summer term.

B. Excluded from the bargaining unit and not subject to the terms of this Agreement

are: part-time faculty who do not meet the definitions for inclusion in the bargaining

unit, full-time faculty, classified employees, confidential employees and exempt

employees.

C. The College shall produce two signed copies of the final Agreement for the record.

One copy shall be retained by the College and one copy shall be retained by the

Association. The College will also provide all members of the bargaining unit with

access to the Agreement by posting the signed Agreement on the College website.

ARTICLE 2 – HEADINGS

Part-Time Faculty Agreement (Article 2-1)

Linn-Benton Community College

Any headings preceding the text of the several Articles herein are inserted solely for

convenience of reference and shall not constitute a part of this Agreement, nor shall

they affect its meaning, construction or effect.

ARTICLE 3 – SEVERABILITY

Part-Time Faculty Agreement (Article 3-1)

Linn-Benton Community College

If any provision of this Agreement is held to be invalid by the operation of law and/or by

any tribunal of competent jurisdiction, or if compliance with or enforcement of any

provision should be restrained by any such tribunal, the remainder of the Agreement

shall not be affected thereby and upon the request of either the Board or the

Association, the parties shall enter into negotiations for the purpose of attempting to

arrive at a mutually satisfactory replacement for such provision.

ARTICLE 4 – ASSOCIATION RIGHTS

Part-Time Faculty Agreement (Article 4-1)

Linn-Benton Community College

A. Upon request, the College will provide the Association with information potentially

relevant to its function as the exclusive bargaining representative in accordance

with Oregon Law.

B. The Association will be permitted to use the premises, equipment, and services of

the College for regular legal Association activities. The Association will schedule

use of facilities through the established College scheduling procedures and agrees

such use of premises shall not take priority over normal uses or interfere with the

operations of the College.

C. In compliance with this Article, the College shall not require reimbursement from the

Association for heat, light, power, maintenance or other normal "overhead" costs for

scheduled usage. The Association will reimburse the College for: 1) supplies

(excluding de minimis occasional printing), 2) materials, or 3) services which require

payment by the College to a third party. Exclusive use and location of locking

storage, a desk, and publicly-accessible bulletin board space will be provided by the

College. In addition, subject to operational and educational needs, the College will

make a good faith effort to provide an exclusive office space to the Association

without cost.

D. If the College specifically requires the attendance of an association member at any

College governance meetings or activities, the College agrees to provide that

individual(s) compensation on an hour-for-hour basis, at the meeting rate, for that

participation.

ARTICLE 5 – BOARD (MANAGEMENT) RIGHTS

Part-Time Faculty Agreement (Article 5-1)

Linn-Benton Community College

A. The Board and its designees, on their behalf, and on behalf of the electors of the

LBCC District, hereby retains and reserves unto itself all powers, rights and

authority, duties and responsibilities conferred upon and invested in it by the laws

and the Constitution of the State of Oregon. Such powers, rights, authority, duties

and responsibilities shall include, but are not limited to:

1. The exclusive management and administrative control of the College educational

and service system and its properties and facilities, except as limited by the

terms of this Agreement.

2. Subject to the provisions of law and this Agreement, the hiring of all members

and determination of qualifications and the conditions of their employment or

their dismissal, sanction, demotion or promotion and transferring and assignment

of all such members.

B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by

the Board and/or its designees: the adoption of policies, rules, regulations and

practices shall be limited only by the specific terms of this Agreement and then only

to the extent such specific terms are in conformance with the Constitution and the

laws of the State of Oregon. This Agreement shall not be construed to limit in any

way the College’s right to contract or subcontract work not currently done exclusively

by unit members or to require the College to continue in existence any of its present

programs in their present form and/or location, or on any other basis. The college

may subcontract work currently done exclusively by unit members only by first

bargaining with the Association upon demand in accordance with ORS 243.698

C. It is recognized by the parties all rights and prerogatives of the Board and its

designees which have not been diminished or modified by the specific terms of this

Agreement are expressly retained by the Board and its designees, and by the

citizens of the District. The rights of employees under this Agreement and of the

Association shall be limited to those which are provided by the terms of this

Agreement and law.

ARTICLE 6 – NON-DISCRIMINATION AND WORK

ENVIRONMENT

Part-Time Faculty Agreement (Article 6-1)

Linn-Benton Community College

A. The Association and the College affirm their adherence to the principles of free

choice and agree they shall not discriminate against any Association member

covered by the Agreement because of age, race, religion, sex, national origin,

disability, marital status, political affiliation, sexual orientation, gender identity,

domicile, or membership or non-membership in the Association, or any activity in

and for the Association.

B. Any employee asserting a violation of the principles of non-discrimination shall utilize

the complaint process set forth in the applicable Board Policy or the contractual

grievance procedure. If processed through the contractual grievance procedure,

such grievance may not be appealed to the level of arbitration. This Article in no way

restricts a member’s rights pursuant to state and federal laws.

ARTICLE 7 – INTERRUPTION OF WORK

Part-Time Faculty Agreement (Article 7-1)

Linn-Benton Community College

It is recognized by the parties a continuity of educational services during the term of this

Agreement is essential to the interests of the College, students, and the citizens of the

District and is of the essence of this Agreement. Therefore, the Association will not

initiate, cause, or participate or join in any strike, work stoppage, or slowdown, or any

other restriction of work during the term of this Agreement. In the event of strike, work

stoppage, or slowdown in violation of this provision, the Association agrees to

encourage unit members to return to work immediately. Violation of this provision by

individuals in the bargaining unit shall subject such individuals to disciplinary action, up

to and including dismissal. The Association will not be held liable for any such unit

member activity, provided it did not authorize, sponsor, cause, assist, encourage,

participate, ratify, or condone the activity. There will be no lockout of unit members by

the College during the period of this Agreement

ARTICLE 8 – WORKLOAD

Part-Time Faculty Agreement Article 8

Linn-Benton Community College

A. The Workload Credit Equivalent (WCE) calculation for individual courses is

determined by the College, and is used to determine compensation for

bargaining unit members, and for establishing a basis for bargaining unit

membership as articulated in Article 1 - Status of Agreement. The number of

WCE’s a bargaining unit member is engaged to teach is established on a term-

by-term basis.

B. Workload Credit Composition

The primary responsibility of faculty is the facilitation of student learning, as captured

by WCE (Workload Credit Equivalents). WCE are determined through college

process in advance of the faculty’s work assignment. The elements that comprise

each WCE for part-time faculty include all tasks necessary for the member to carry

out the teaching assignment and may involve:

• establishing a positive learning environment

• preparation for direct instruction (which may include preparation, revision,

and/or facilitating acquisition, of all necessary teaching and supporting

materials)

• instructional design related to online or hybrid course components

• delivering direct instruction

• assignment and test evaluation

• assessment and reporting of student learning outcomes

• in/outside of class student consultation and office hours

• subject matter mastery

• completing related administrative requirements

Mandatory safety and compliance training time is compensatory time. It is the

presumption of the parties to this agreement that such training will be completed

during open office hours to the extent this is possible. If office hours are impacted,

the instructor must engage with their Supervisor and agree in advance to extra

compensated hours in which the balance of such training will be completed. Such

training will be paid based on Table III of the salary schedule.

C. The parties to this Agreement recognize that some instructional responsibilities

clearly do not match the other definitions and are therefore unique. Unique

assignments, in any case, shall be automatically reviewed at the end of the first

term of the assignment. Where unique assignments, or non-traditional modes of

teaching, may require a different calculation of WCE, or a different structure of

compensation, the parties agree to addend this agreement as needed.

D. Additional work assignments must be explicitly offered by the faculty member’s

Supervisor or other manager. If there is a question regarding this article either

party shall refer to Article 20. These assignments are paid per Table III of the

salary schedule found in Appendix A. Examples of these assignments include:

• New curriculum development

• Program-related administrative tasks

• Retention/recruitment activities

Part-Time Faculty Agreement Article 8

Linn-Benton Community College

• Special event coordination

• Formal academic advising

• Committee and council assignments

• Department and division meetings and responsibilities

• Planning and presenting workshops for college professional

development

• Write or contribute to college-initiated grant applications

• Serve on job-related boards or committees

• Develop partnerships with community groups, organizations, or

individuals outside the College

• Professional faculty work, e.g. librarian

E. Proportional Pay

Proportional Pay guidelines will be applied in accordance with Appendix C of the

Faculty Association Agreement.

ARTICLE 9 –ASSOCIATION SECURITY

Part-Time Faculty Agreement (Article 9-1)

Linn-Benton Community College

A. The employer will deduct dues, fees, and any other assessments or authorized

deductions to the union in accordance with the payroll-deduction authorizations

signed by members and provided to the union. The union will provide the employer

with a list identifying the employees who have signed such authorizations and the

authorized deduction amounts. The employer shall rely on the list to make the

authorized deductions and to remit payment to the labor organization.

B. All notice requirements under Article 9A shall be in writing.

C. Dues will be remitted to the Association within ten business days of the deduction

from the employee’s pay. In the event of an exception, immediate notice will be

given to the Association, which includes estimate for remittance date.

D. The college will notify the association of all new bargaining unit hires within ten (10)

days of hire.

E. The College will notify the Association of all known separations of part-time faculty.

Notification will include the type and date of the separation.

F. Each academic term, the college will provide the association a complete accounting

of all part-time faculty who may be governed by this contract.

G. Information provided to the Association for new hires and members of the bargaining

unit shall include at a minimum the following in an editable digital format acceptable

to the parties: all known personal and work phone numbers, personal and work

email addresses, the employee’s mailing address, and employer ID and the last four

digits of the employee’s social security number. In addition, it will include date of

hire, job title, salary, and work location.

H. The Association agrees to cooperate with and assist the College upon request in the

defense of any actions the College takes in the performance of its obligations under

this Article.

ARTICLE 10 – SALARY

Part-Time Faculty Agreement (Article 10-1)

Linn-Benton Community College

A. Salary Placement and Step Advancement

1. The part-time faculty salary schedule is contained in Appendix A-D of this

agreement. Initial step placement and subsequent advancement are time

and service based as follows:

a. All newly hired part-time faculty members will initially be placed

at step 1 of the salary schedule, except as provided below.

b. Effective 7/1/2022, the following faculty shall be hired at Step 2:

1. Newly hired faculty with six (6) or more quarters, or

four (4) or more semesters, of instruction in the field of

instruction or related field at an accredited college or

university within the last four (4) years.

2. Newly hired faculty with advanced degrees in the field

of instruction or related field above what is required to

teach in their discipline.

3. Newly hired faculty for career technical courses with

related industry experience that is 50% or greater than

required industry experience at time of hire.

c. Step advancement occurs for the term following the

accumulation of the combination of 180 instructional contact

hours and college-paid non-instructional hours.

d. Step advancement is retained regardless of the length of a

bargaining unit member’s separation from the college.

B. Adjustments to Salary Schedule

1. To populate Appendix “A,” effective in the summer term, for academic year

2020-21, the salary schedule from the prior academic year will be increased by

2.5% to adjust for anticipated changes to inflation. In addition to the inflation

increase for each academic year, each step will receive a 1% increase for the

2020-2021 academic year.

2. To populate Appendix “B,” effective in the summer term, for academic year

2021-22, the salary schedule from the prior academic year will be increased by

2.5% to adjust for anticipated changes to inflation. In addition to the inflation

increase for each academic year, each step will receive a 2% increase for the

2021-2022 academic year.

3. To populate Appendix “C,” effective in the summer term, for academic year

2022-23, the salary schedule from the prior academic year will be increased by

2.5% to adjust for anticipated changes to inflation. In addition to the inflation

increase for each academic year, each step will receive a 3% increase for the

2022-2023 academic year.

4. Effective July 1, 2021 the college will add one additional step to the top of the

salary schedule.

5. Any future adjustments to compensation, be they related to step advancement

or salary schedule, shall be controlled only by formally ratified successor

agreements or memoranda of understanding.

Proposed Agreement - Faculty Negotiations (10-2)

Linn-Benton Community College

C. PERS/OPSRP Retirement Contributions

Effective beginning the fall term of the academic year 2016-2017, the College

shall assume and pay the six percent (6%) employee contribution/payment

required by the Public Employee Retirement System (PERS) and/or the Oregon

Public Service Retirement Plan (OPSRP) for members who are eligible to

participate in PERS or OPSRP. Such employee contributions shall be credited to

PERS and/or OPSRP members Individual Account Program (IAP) accounts.

ARTICLE 11 – LEAVES

Part-Time Faculty Agreement (Article 11-1)

Linn-Benton Community College

I. PAID SICK TIME:

A. Purpose

The purpose of paid sick time is to provide bargaining unit members with

compensatory relief related to absence from teaching and other scheduled duties

due to sickness or injury.

B. Accrual and Carry Over

1. Upon ratification of this agreement, all bargaining unit members will be awarded

forty (40) contact hours of sick time per fiscal year that they may use to cover

contact hours or other scheduled hours that are not worked due to an illness

related absence.

2. Members may begin to use their awarded sick time upon the first scheduled day

of active employment.

3. Members may carry over up to 40 contact hours of unused sick time from one

fiscal year to the next; however, members are limited to using no more than 40

contact hours of sick time in a fiscal year.

4. Bargaining unit members who are not employed at the college for four (4)

consecutive academic terms (including summer term) shall forfeit sick time

accumulated under this article.

5. Sick time hours are not transferrable.

C. Use and Procedures

1. Members may use accrued sick time if they are unable to work during scheduled

hours due to personal illness or injury, or for illness or injury within the member's

immediate family. “Immediate family” shall be defined as husband, wife,

domestic partner, domestic partner’s children, father, mother, son, daughter,

sister, brother, step-child, grand-parent, parent-in-law, son-in-law, daughter-in-

law, and any other member of the immediate household. Sick time may also be

used for any other reason allowed by state and/or federal law.

2. Bargaining unit members are responsible for the following:

a. In the event of unplanned absences, members must notify their immediate

supervisor (or other designated individual) about their absence as soon as

possible, and not later than before the beginning of their work shift.

b. If required, providing satisfactory proof of medical condition and medical

release to return to work.

c. Whenever possible, members should schedule medical or dental

appointments outside of regular work hours. If this is not possible,

members should check with their supervisor in advance to schedule

appointments at times with the least impact to the

students/department/program.

Part-Time Faculty Agreement (Article 11-2)

Linn-Benton Community College

d. In the event of planned absences, it is expected the members provide as

much notice as possible to minimize impact to the

students/department/program.

II. OTHER PAID LEAVES

A. Bereavement Leave

Per OFLA, sick time shall also be used to cover absences up to two weeks for

each death of a family member, as defined below, not to exceed 12 weeks in

a fiscal year. If the member does not have enough accrued sick time to cover

the allowed absence, the balance of time may be taken as leave without pay

(LWOP).

B. Jury Duty

1. A member shall be granted leave with pay for service upon a jury; however,

such compensation shall be reduced by the amount the member receives for

such jury service.

2. During the period of time a member is on jury duty, he/she will be responsible

for reporting for duty at the college on those days when he/she is not required

to report for, or is excused for the day from, jury duty.

3. A member shall receive time off, with pay, for required appearances in court

or hearings resulting from a subpoena to appear to testify where the member

is not;

a. personally involved in the action as a plaintiff

b. the defendant, unless the member is acting within the scope of

their employment with the College, or

c. called on behalf of the association in any action against the

college

C. Emergency

With the approval of the member’s supervisor, sick time may be used for other

emergency situations.

D. Leave for Military Activation

Members shall be provided with rights associated to military service in

accordance with state and federal law.

ARTICLE 12 – TUITION WAIVER

Part-Time Faculty Agreement (Article 12-1)

Linn-Benton Community College

A. The College agrees to waive tuition charges only for the bargaining unit member

for a maximum of one credit course, to a maximum of five (5) credits, per term (at

the current resident tuition rate).

1. In the event that the bargaining unit member is at step 5 or higher of the

salary schedule, this for-credit tuition waiver may apply to the member’s

spouse, domestic partner, or eligible dependent.

2. All tuition waivers are non-transferable, with the exception of those listed

in A.1.

B. For Extended Learning classes, the College agrees to waive the course fee for

the bargaining unit member, or eligible dependents as listed in A.1, for one

Extended Learning class each term. This waiver shall not apply to short-term

training cost recovery programs.

C. For any course work beyond the minimum qualifications for a teaching

assignment which is assigned to the member by the member's supervisor the

College shall waive all related tuition charges. The waiver of any such tuition

charges shall not count toward the bargaining unit member's maximum benefit

eligibility as outlined in sections A and B of this article.

ARTICLE 13 – PROFESSIONAL DEVELOPMENT

Part-Time Faculty Agreement (Article 13-1)

Linn-Benton Community College

A. The purpose of the part-time faculty professional development fund is to benefit

part-time faculty members and the College by providing the opportunity for

eligible part-time faculty members to secure additional education, training, and/or

experiences that will enhance their competencies to carry out the College goals

while adding to the instructional quality of the College.

B. Bargaining unit members may choose to use professional development funds for

activities that may include workshops, seminars, conferences, travel, additional

educational course work, research or projects, work experience programs, or any

other such form of professional development activity which is related to the

member's instructional area and/or which would be of direct benefit to the

educational program and the quality of instruction for which the member is or will

be responsible.

C. The amount of money to be allocated for part-time faculty will be $20,000 for

fiscal year for fiscal year 2020-2021. The allocation for fiscal year 2021-2022 will

be $20,000. The allocation for fiscal year 2022-2023 will be $20,000. Each year,

100% of any unused portion of the fund shall be carried over to the following

fiscal year. This carry over amount shall be spent first, and any unused balance

in a carryover fund will not be carried over to a second year. This fund may be

increased by the college President at the sole discretion of the College.

D. There will be a dollar limit per member per fiscal year, July 1 - June 30. A

member is given no guarantee of a yearly amount. Application materials, limits,

and instructions for requesting funds are available on the college web site.

Applications are considered on a "first-come, first-served" basis, with the

guideline that half of the allocated professional development fund will be awarded

July through December, and the balance of the fund awarded January through

June.

E. If the anticipated activity overlaps with instructional responsibilities, the applicant

shall consult with his or her division dean (or other appropriate manager) to see if

arrangements can be made to allow for the applicant to participate in the activity.

No activities that overlap with instructional responsibilities will be approved

without consultation with the division dean or other appropriate manager.

F. The College commits to adhere to applicable wage and hour law as it applies to

members’ attendance at required or approved internal or external professional

development activities.

G. Guidelines and instructions are available on the LBCC website.

ARTICLE 14 – ACADEMIC FREEDOM

Part-Time Faculty Association (Article 14-1)

Linn-Benton Community College

A. Within the education process, an open atmosphere will exist to permit freedom of

thought, intellectual exploration, and exchange of ideas. The future of the

community, state and nation depends upon a continuing strong educational system

which is based upon the highest principles of academic freedom. The manifestations

of academic freedom are found in the free search for truth and its free exposition.

Bargaining unit members shall not introduce into their teaching controversial matters

having no relationship to their subject and the approved course outline and student

learning outcomes on file with the Academic Affairs Office.

B. Bargaining unit members shall have the responsibility to present their courses,

including choice of instructional materials, in the manner deemed appropriate for

those courses, subject to the guidance and standard practice of the individual

academic department.

C. Bargaining unit members shall maintain the first right and responsibility to determine

grades and other evaluations of students. This shall not abridge students' rights to

appeal grades through the proper procedures.

D. Bargaining unit members should be accurate (delivering instruction based in fact,

data, or scholarly research) actively engage diverse perspectives, and show respect

for the opinions of others. Outside of the classroom, bargaining unit members shall

make every effort to indicate they are not speaking for the institution when speaking

in public.

ARTICLE 15 – COURSE CONTENT RIGHTS AND

INTELLECTUAL PROPERTY RIGHTS

Part-Time Faculty Agreement (Article 15-1)

Linn-Benton Community College

1. The ownership of any materials, processes, or inventions developed solely by an

employee's individual effort, time and expense shall vest in the employee and be

copyrighted or patented, if at all, in his/her/their name. Any profit from the sale of

vested material shall belong to the faculty member.

a. All course materials that are produced solely by the faculty member to use

in teaching their course, including but not limited to lecture materials,

videos, tests, posters, handouts, and content created within a third-party

system not belonging to the college, shall belong to the employee. The

college agrees not to use these materials without the express permission

of the employee. The decision to make such course material available to

others shall not be made a condition of future assignments.

b. The college retains the non-exclusive right to distribute the course

syllabus, in any format or medium, for non-commercial, research,

educational, or related academic purposes only. The employee also

authorizes the college to allow users of the syllabus repository to distribute

the syllabus worldwide, in any format or medium, for non-commercial,

research, educational, or related academic purposes only. The college will

clearly identify the employee’s name as the author or owner of the

syllabus, and will not make any alteration to the syllabus.

2. The ownership of materials, processes, or inventions produced solely for the

College and at College expense shall vest in the College and be copyrighted or

patented, if at all, in its name. A written record will be entered into in advance

between the College and the faculty member that reflects the work to be

performed, time spent, and any additional compensation to be made.

3. In those instances where materials, processes or inventions are produced by an

employee with College support, through use of significant time, facilities, or other

College resources, the ownership of the materials, processes, or inventions shall

vest (and be copyrighted or patented) as per written agreement between the

college President or designated representative and the employee(s) prior to the

production. Neither party may sell joint property for a commercial profit without

first negotiating an agreement between themselves. In the absence of an

agreement, the materials, processes, or inventions shall be given a Creative

Commons license.

4. The parties agree that the provisions of this article do not change as a result of

medium of delivery/distribution, or storage (e.g. on-line, electronic media).

5. When faculty members procure grants and/or work on other projects that

produce open educational resources (OER) and open-source software, and

where these projects produce materials that would otherwise be joint property

or property of the college, the college and the faculty member agree to the

open licensing of such materials.

ARTICLE 16 – PERSONNEL FILES

Part-Time Faculty Agreement (Article 16-1)

Linn-Benton Community College

A. A bargaining unit member's personnel file shall be maintained under the control of

the Director of Human Resources. Such files will be used only in accordance with

Oregon laws pertaining to public employee personnel records.

B. A bargaining unit member shall have the right, per Oregon law, to review and/or

copy, upon request, the contents of his/her personnel file. A representative of the

Association may, at the bargaining unit member's request, accompany him/her in

this review.

C. A bargaining unit member's supervisor may add information to the personnel files at

any time. The bargaining unit member shall be required to initial all performance

related data prior to its inclusion with the understanding such signature merely

signifies such materials have been read and does not necessarily indicate

agreement with its contents. The bargaining unit members shall be provided a copy

of the information and shall be entitled to place a response to it in the personnel file.

Any materials to be placed in the personnel file shall be available for immediate

review upon receipt in Human Resources.

D. The bargaining unit member may petition the Human Resources Director to expunge

material after it has existed in the employee’s personnel file for five or more years,

except material that is presently involved in hearings or pending litigation. The

decision of the Human Resources Director will be final, and in accordance with

Oregon Law. The bargaining unit member is entitled to Association representation in

this petition process.

E. The employee shall have the right to petition the Human Resources Director to add

material to the personnel file germane to their employment at the College.

ARTICLE 17 – PERFORMANCE REVIEW

Part-Time Faculty Agreement (Article 17-1)

Linn-Benton Community College

A. The purpose for the part-time faculty performance review process at LBCC is for

professional growth and development, to ensure quality in the teaching and learning

environment, and to enhance student learning.

B. Performance reviews cannot be construed as disciplinary.

C. Faculty performance reviews will be completed within the first three terms of

employment and thereafter at least one time every three (3) calendar years,

beginning with initial membership in the bargaining unit as defined in Article 1 –

Status of Agreement. Part-time faculty who would like more frequent feedback can

request performance review of the appropriate Dean, who will respond as time

allows. More frequent reviews cannot be construed as disciplinary and shall not be

grieved.

D. Reviews will utilize multiple indices of effectiveness, each of which is directly related

to individual roles and responsibilities, including evidence of teaching effectiveness

and analysis of a bargaining unit member's performance in their support of student

learning and collaboration with colleagues.

The college retains the right to access and utilize all primary review data, which may

include, but not be limited to, the following:

1. Classroom visitation

2. Written review by supervisor

3. Discussion between supervisor and bargaining unit member

4. Peer feedback

5. Student/client feedback

6. Contribution to student success

7. Self-evaluation

8. Service to the college

E. No video or audio recordings shall be used for performance-related reviews unless

agreed upon by the employee.

F. Upon request, faculty are entitled to a conference with the person conducting the

review. In addition, they may attach a rebuttal or commentary to the review after it is

completed and placed in the personnel file. A copy of the final review shall be sent to

the faculty member.

G. The administrative implementation, management, evaluation and revision of the

performance review system shall be the responsibility of the Vice President of

Academic and Student Affairs and/or her/his designee(s). Association members may

request the standards on which they will be reviewed prior to their performance

review. The Vice President will solicit input from the Association as needed on the

effectiveness of the performance review system.

ARTICLE 18 – TERMS AND CONDITIONS OF EMPLOYMENT

Part-Time Faculty Agreement (Article18-1)

Linn-Benton Community College

A. Hiring, Assignment and Cancellation of Courses/Course Sections

1. Bargaining unit members are hired and re-employed on a term-by-term

basis. The College’s decision not to re-employ a bargaining unit member

for a subsequent term(s) cannot be construed as disciplinary and shall not

be grieved. The College retains the right to re-employ bargaining unit

members or to hire new part-time faculty as is deemed by the College to

be in the best interests of the College.

2. Assignment of bargaining unit members to the academic schedule of

classes for the following academic term is at the discretion of the College.

The College reserves the right to reassign a course, or course section,

prior to the start of the academic term. Notice shall be provided to the

employee of the cancellation or reassignment of classes, and the reason

for the cancellation or reassignment. The College’s decisions related to

the assignment shall not be subject to the grievance procedure of this

Agreement. The College maintains the right to cancel a course, or course

section. The College’s decision to cancel a course, or course section, or

reassign it cannot be construed as disciplinary, even if such a cancellation

or reassignment results in a reduction of hours or pay for a bargaining unit

member, and such action shall not be subject to the grievance procedure

of this Agreement.

a. Four (4) hours of compensation shall be paid for preparation of any

class that is cancelled later than one calendar week prior to the

start of a term.

3. Notice of Projected Assignment

At least four weeks before the beginning of each term, the College will

provide notice of the projected assignments that have been established for

that term. Such projection is not a guarantee of re-employment nor

assignment, and is subject to change by the College. The college will

endeavor to send projected assignments electronically that include

specific information about courses, compensation, and the direct

supervisor.

B. Hiring, Assignment and Cancellation of Courses - Additional Provisions for

Members with “Established Part-Time Faculty Status”

1. In addition to the provisions of section A, parts 1 through 3 above,

members who advance 3 steps on the salary schedule will be designated

as having earned “Established Part-Time Faculty Status.”

2. Established status members who have not had a break in classroom

based instructional service of 3 or more consecutive academic terms,

(excluding summer), shall receive an offer of re-employment and

assignment to a similar course(s), unless the College determines that

performance or conduct factors warrant a decision not to rehire. Such

performance or conduct factors may, but need not be, evidenced by

formal disciplinary action(s). Offers of re-employment will be sent via

Part-Time Faculty Agreement (Article 18-2)

Linn-Benton Community College

email. Failure to respond to an offer of rehire within five (5) working days

may result in the offer being withdrawn.

3. When a decision not to re-employ is made on the basis of performance or

conduct factors, an established member will be given a written notice of

the determination not to re-employ, to include the rationale for the

decision. Decisions to not re-employ can be appealed in writing within 10

college working days of the aforementioned notice to the Vice President of

Academic and Student Affairs, whose decision on the matter shall be final.

Such decisions and rationale shall not be subject to the grievance

procedure of this Agreement.

4. Course assignments and /or re-employment may also depend on other

administrative factors which impact course assignments, including, but not

limited to changes in student demand, elimination of programs courses or

course sections, changes in the number of course sections offered,

changes to the requirements of degree programs, the requirements of the

full-time faculty CBA, or college initiatives. The College reserves the right

to reassign a course, or course section, prior to the start of the academic

term. Notice shall be provided to the employee of the cancellation or

reassignment of classes, and the reason for the cancellation or

reassignment. Decisions not to rehire made on these bases shall not be

subject to the grievance procedure of this Agreement.

C. Division Level Orientation

Within the first term of any new part-time faculty member’s employment, they

shall attend (be offered) an orientation program designed by their division

leadership to familiarize the member with division and college-wide policies,

administrative rules, administrative processes/procedures, expectations, and

resources. Representatives of the Association may attend each primary division

orientation. Time spent in division level orientation is compensable time per

Table 3 of the salary schedule.

Part-Time Faculty Agreement (Article 19-1)

Linn-

Benton Community College

ARTICLE 19 – DISCIPLINE AND DISCHARGE

A. Employees have the right to Association representation in any meeting that is

disciplinary in nature, or could reasonably lead to disciplinary action. Access

to such representation shall not unreasonably delay such a meeting.

B. No employee shall be formally reprimanded, disciplined or terminated without

just cause. This shall not be construed as a waiver of any rights or obligations

of either party contained in Article 18. Any formal discipline made against a

bargaining unit member shall be reduced to writing and provided to the

member in advance.

C. The College reserves the right to impose paid administrative leave without

prior notice to the member for the purpose of conducting an investigation into

an allegation that, if sustained, would warrant discipline or termination. Paid

administrative leave will not go beyond 15 days without notice to the

employee and association.

D. Before a final determination of disciplinary action is made, the employee to be

disciplined will be given the opportunity to respond to the supervisor or other

designee of administration, about the reasons for the action, and the level of

discipline applied.

E. The member shall be provided with the opportunity to sign any formal

disciplinary document, with an understanding that such signature represents

only an acknowledgement of receipt. All formal disciplinary documentation will

be retained within the member’s personnel file, subject to the provisions of

Article 16 - Personnel Files.

F. Faculty shall have the right to submit a written rebuttal to any notice of

discipline.

G. Bargaining unit members also have the legal (“Weingarten”) right to

Association representation during investigatory interviews or discussions that

the employee reasonably believes might result in disciplinary action.

ARTICLE 20 – CONTRACT AND ISSUES CLARIFICATION

Part-Time Faculty Agreement (Article 20-1)

Linn-Benton Community College

I. CONTRACT CLARIFICATION

To foster our commonly held value of open and honest engagement between

colleagues, the Contract Clarification Committee (CCC) has two primary purposes:

• To foster a mutual understanding of existing contract language and its

proper application to a given situation, and

• To effectively communicate contract clarifications to the college

President, Association members and management staff.

A. Contract Clarification Process

1. An Association member may invoke the CCC to seek clarification of existing

contract language and its proper application to a given situation. If the matter

in question could potentially affect a group of Association members, the

Association may also invoke this article on behalf of those members.

2. When an individual Association member is the initiating party, it is expected

that they will first try to reach an acceptable clarification or resolution through

direct discussion with the appropriate manager or administrator.

3. If not satisfactorily resolved, or if the Association member feels that they

cannot address the matter directly, the issue may be referred to an

Association delegate on CCC for review. If the Association deems that a

referral to the CCC is appropriate, the Association may call for a CCC to

convene a hearing on the matter in question.

4. When the Association is the initiating party on behalf of a group of members,

the Association president or his/her designee may call for a CCC to convene

a hearing on the matter in question.

5. The CCC will engage in dialog and seek to resolve the matter by providing

either a clarification of the contract and its application, or by creative problem

solving to find a mutually acceptable resolution.

6. If the parties that comprise CCC agree on a given clarification or resolution,

that clarification or resolution shall be binding upon the parties, documented

for posterity, and made available to the public to foster ongoing common

understanding of the language in question.

7. In the event that the parties comprising CCC are unable to arrive at a

clarification or a resolution, the Association member(s) may avail themselves

of the grievance article of this Agreement.

B. Committee Meetings and Composition

CCC will be convened whenever deemed necessary by either the Association or

the Administration. When convened, the committee will be comprised of six (6)

staff (3 members chosen by the Association and 3 chosen by the Administration).

If possible, at least one member from each group will have participated in the last

contract negotiations. Association members of CCC will be compensated on an

hour for hour basis, for time spent in full committee, in person dialog. CCC will be

ARTICLE 20 – CONTRACT AND ISSUES CLARIFICATION

Part-Time Faculty Agreement (Article 20-2)

Linn-Benton Community College

supported by a non-participatory recorder chosen by the College. The recorder

shall serve the CCC in a strictly confidential manner and their duties shall be

limited to accurately documenting a summary of the dialog and any clarifications

or resolutions that may result from the dialog.

II. EXTRA-CONTRACTUAL ISSUES OF CONCERN

The parties mutually affirm the value of regular, open and honest, problem

solving dialog. As such, Association leadership shall have regular periodic

access to the college President, the Academic Vice President, and/or appropriate

designees to discuss issues of concern that do not fall within the auspices of this

Agreement, but may be of concern and/or import to Association members. Such

access may be via any regularly scheduled meetings, which will generally occur

on a monthly basis, with the President and the Academic Vice President, and/or

in addition to those regularly scheduled meetings. At the request of the

Association, and/or to facilitate direct communication, the President and/or the

Association may choose to include appropriate persons from the ranks of either

College management, administration, or the Association in these discussions.

Part-Time Faculty Agreement (Article 21-1)

Linn-Benton Community College

ARTICLE 21 – GRIEVANCE PROCEDURES

A. Definitions

1. A "grievance" shall mean an allegation by the Linn-Benton Community College Part-

Time Faculty Association, and/or a member or members of the bargaining unit that

there has been a violation of any provision of this Agreement or properly executed

Memoranda of Understanding.

2. "The aggrieved” is the person, persons, or the Association making the complaint.

3. "Days," unless otherwise specified, shall mean College instructional days .

B. Purpose

The purpose of this procedure is to provide an orderly method for resolving grievances.

A determined effort shall be made to settle any such differences at the lowest possible

level. Meetings or discussions involving grievances or grievance procedures shall be

scheduled at times so as not to interfere with the employee's duties. The aggrieved may

be accompanied by an association representative when presenting the grievance at any

step.

C. Procedures

Grievances shall be processed in the following manner and, unless mutually agreed

upon by the parties, within the stated time limits.

Step 1 - Informal

An employee or the Association shall be responsible for instituting the first step of the

grievance procedure by contacting the immediate supervisor to arrange an informal

meeting to make an earnest attempt to resolve the grievance.

Step 2 - Human Resources

If the issue is not resolved informally within ten (10) days of the informal meeting, the

employee or the Association may submit a written grievance to the Human Resources

Director within ten (10) additional days. The written grievance shall give a clear and

concise statement of the alleged grievance including the facts upon which the grievance

is based, the issues involved, the agreement provision, involved, and the relief sought.

The Human Resources Director or his or her designee shall review the grievance,

arrange a meeting for necessary discussion, and give a written answer to the aggrieved

with a copy to the Association, within ten (10) days after the receipt of the written

grievance.

Part-Time Faculty Agreement (Article 21-2)

Linn-Benton Community College

Step 3 - President

If the aggrieved is not satisfied with the Human Resources Director's response, or lack

thereof, an appeal may be submitted to the college President or his/her designee within

ten (10) days of receipt of the written Step 2 response. The President or his/her

designee shall review the grievance, arrange a meeting for necessary discussion, and

give a written answer to the employee with a copy to the Association no later than ten

(10) days after his or her receipt of the written grievance.

Step 4 - Arbitration

1. Grievances not resolved at Step 3 of the grievance procedure shall be reviewed

by the Association, which shall have sole discretion as to whether a grievance,

whether individual or Association, should be appealed to arbitration. If the

Association determines that a grievance shall be appealed to arbitration, it shall

file a written notice of a request for arbitration to the President within fifteen (15)

working days following the President's answer concerning the alleged grievance.

2. Within ten (10) working days after a written notice of arbitration, the parties will

attempt to mutually agree on the selection of an arbitrator, or failing that, the

Association shall request a list of seven (7) arbitrators, who reside in Oregon or

Washington, from the State Employment Relations Board, Conciliation Service

Division and, upon receipt of same, alternately strike names until one (1)

remains, and submit the matter to arbitration. The party that will first strike out an

arbitrator shall be determined by a coin toss.

3. The hearing and all other proceedings shall be conducted according to the

voluntary rules of the American Arbitration Association.

4. The arbitrator shall have no power to add to, subtract from, modify or amend any

terms of this Agreement.

5. A decision of the arbitrator shall be binding upon the parties.

D. Costs of Arbitration

The College and the Association will share equally any joint costs of the arbitration

procedure such as the fees and expenses of the arbitrator. The hearing shall be done at

the college campus for no cost to the Association or to the employee.

E. Initiation of Group Grievances

1. Where more than one employee has a common grievance, the Association may

initiate a group grievance on their behalf. In such a case, a written grievance may

be filed originally with the Human Resources Director, who shall designate the

grievance hearing officer who will initially hear the grievance.

2. The same steps and time intervals shall apply as in the individual grievances.

3. The Association shall have the right to initiate a grievance growing out of an

alleged violation of association rights under this contract. Any such grievance

shall be initiated at Step 2. The remainder of the procedure shall be as provided

for the individual grievances.

Part-Time Faculty Agreement (Article 21-3)

Linn-Benton Community College

F. End of Term Grievances

In the event a grievance cannot be resolved by the end of the term and the aggrieved is

not scheduled to work in the subsequent term, then, the time limits may be reduced by

mutual agreement.

G. General Provisions

1. No reprisals of any kind will be taken by the College or by any members of the

administration against any party in interest or any other participant in the

grievance procedure by reason of such participation.

2. Unless there is a mutual agreement to extend timelines, failure at any step of this

procedure to communicate the decision in writing within the specified time limit

shall permit the aggrieved to proceed to the next step.

3. Unless there is a mutual agreement to extend timelines, failure at any step of this

procedure to appeal a grievance to the next step within the specified time limit

shall be deemed to be acceptance of the decision rendered at that step.

4. All documents, communications, and records dealing with the processing of a

grievance will be filed separately from the personnel files of the participants.

5. Meetings and hearings under this procedure shall be conducted in private and

shall include only the aggrieved, their designated or selected representatives,

and the designated representative(s) of the College.

6. If requested by the grievant, a representative chosen by the Association may

attend any meeting of the grievance process.

ARTICLE 22 – NEGOTIATION OF A SUCCESSOR

AGREEMENT

Part-Time Faculty Agreement (Article 22-1)

Linn-Benton Community College

The parties agree to enter into collective bargaining over a full successor agreement by

the second Monday in November prior to the expiration of this agreement. Any

agreement so negotiated shall be reduced to writing after ratification by the parties.

If the agreement expires prior to completion of negotiations, the College will maintain

the status quo while negotiations continue in good faith.

ARTICLE 23 – TERM OF AGREEMENT

Part-Time Faculty Agreement (Article 23-1)

Linn-Benton Community College

A. The parties acknowledge during the negotiations which resulted in this Agreement

each had the unlimited right and opportunity to make demands and proposals with

respect to any subject or matter not removed by law from the areas of wages, hours

and conditions of employment, and the understanding and agreements arrived at by

the parties after the exercise of that right and opportunity are set forth in this

Agreement. This Agreement constitutes the sole and entire existing agreement

between the parties.

B. This Agreement shall be effective as of the date of ratification, and shall be binding

upon the Board, the Association and its members, and shall remain in full force and

effect through June 30, 2023.

APPENDIX A

LINN-BENTON COMMUNITY COLLEGE

PART-TIME FACULTY SALARY SCHEDULE

(For credit and related

instruction)

2020/2021

(3.5% increase from AY 19-20)

STEP

1 2 3 4 5 6 7 8 9 10

TABLE I

All credit classes

(per 1 workload

credit equivalent)

$698

$725

$753

$783

$816

$848

$882

$917

$953

$992

TABLE III

(hourly)

$27.30

$28.39

$29.52

$30.70

$31.93

$33.20

$34.54

$35.91

$37.35

$38.84

Non-credit contact

hour classes

Parent Ed Lab Hours

Planning and

Coordination

Professional

Development and

Meetings

SEE DETAILS ON NEXT PAGE FOR USE OF APPROPRIATE STEP AND SUBSTITUTE

PAY RATES.

PAYING FOR SUBSTITUTE HOURS

WCE Classes: Use credit equivalency calculations.

Non-credit classes: Use hourly rate.

TRAINING AND SERVICES PAID FOR BY A THIRD PARTY

Credit courses are paid on a WCE basis. For all other courses, refer to FT faculty contract,

Appendix E for the payment formula.

APPENDIX B

LINN-BENTON COMMUNITY COLLEGE

PART-TIME FACULTY SALARY SCHEDULE

(For credit and related

instruction)

2021/2022

(4.5% increase from FY 20/21)

Schedule effective 7/1/2021 w additional step 11 added

STEP

1 2 3 4 5 6 7 8 9 10 11

TABLE I

All credit

classes

(per 1

workload

credit

equivalent)

$729

$758

$787

$818

$853

$886

$922

$958

$996

$1037

$1078

TABLE III

(hourly)

$28.53

$29.67

$30.85

$32.08

$33.37

$34.69

$36.09

$37.53

$39.03

$40.59

2.21

Non-credit

contact hour

classes

Parent Ed Lab

Hours

Planning and

Coordination

Professional

Development

and

Meetings

Curriculum

Development

SEE DETAILS ON NEXT PAGE FOR USE OF APPROPRIATE STEP AND SUBSTITUTE PAY RATES.

PAYING FOR SUBSTITUTE HOURS

WCE Classes: Use credit equivalency calculations.

Non-credit classes: Use hourly rate.

TRAINING AND SERVICES PAID FOR BY A THIRD PARTY

Credit courses are paid on a WCE basis. For all other courses, refer to FT faculty contract,

Appendix E for the payment formula.

APPENDIX C

LINN-BENTON COMMUNITY COLLEGE

PART-TIME FACULTY SALARY SCHEDULE

(For credit and related

instruction)

2022/2023

(5.5% increase from FY 21/22)

Schedule effective 7/1/2022

STEP

1 2 3 4 5 6 7 8 9 10 11

TABLE I

All credit

classes

(per 1

workload

credit

equivalent)

$769

$800

$830

$863

$900

$935

$973

$1011

$1051

$1094

$1137

TABLE III

(hourly)

$30.10

$31.30

$32.55

$33.84

$35.21

$36.60

$38.07

$39.59

$41.18

$42.82

4.53

Non-credit

contact hour

classes

Parent Ed Lab

Hours

Planning and

Coordination

Professional

Development

and

Meetings

Curriculum

Development

SEE DETAILS ON NEXT PAGE FOR USE OF APPROPRIATE STEP AND SUBSTITUTE PAY RATES.

PAYING FOR SUBSTITUTE HOURS

WCE Classes: Use credit equivalency calculations.

Non-credit classes: Use hourly rate.

TRAINING AND SERVICES PAID FOR BY A THIRD PARTY

Credit courses are paid on a WCE basis. For all other courses, refer to FT faculty contract,

Appendix E for the payment formula.