QCC Faculty

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    General Information Site for Faculty of

Queensborough Community College

of the

City University of New York

 

GRIEVANCES

Faculty who have need of information concerning their rights to grieve personnel actions should consult with the PSC Grievance Counselor on their campus or the PSC central offices. 

Here is some information specific to QCC on a grievance concerning a PERSONNEL ACTION re REAPPOINTMENT, TENURE or PROMOTION

Upon being informed of a negative vote on your reappointment, tenure or promotion you have a right under the contract to grieve and as part of the process you have a right to ask for an academic review of that vote by an elected faculty body-the Academic Review Committee.
 
You have a LIMITED number of days to preserve your rights under the contract upon being informed of the negative action- 30 business days.  So you need to file a formal grievance to preserve your rights.  You and the PSC file such an action.  See the QCC Grievance Counselor as soon as you can upon learning of the negative action.
 
The grievance procedure can be temporarily halted by a "Stop the Clock " action to allow local academic review to proceed.
 
Grievance / Appeals Process
 
1. File a grievance and stop the clock  request with the President c/o/ the Labor Designee, (grievant must sign it) 
2. Send  a copy to  the PSC   
3. Send copy to PSC Chapter Chair of QCC . 
 

 On  the Appeals Process and so you have an idea of time:

1.                   Write  a  letter to VP  of  Academic Affairs,  requesting to meet with the Academic Review Committee.  This committee consists of 5 elected faculty members and is chaired by  of  Academic Affairs.   I will assist you in doing this.  You must sign the letter. 

2.                   Prior to meeting with the committee, check your files at the office of faculty and staff (it’s a good idea to make an appointment first.  If you see any documents that you feel are not based on fact, you may write rebuttals.

3.                   When you present your case, focus on your strengths and include:

Service to the department, college and CUNY

Scholastic achievements and works in progress

Success as a teacher

       

IMPORTANT: QCC Grievance Counselor will send more info on preparing your materials and statement to the Academic Review Committee and assist you with it.

After you receive a response from the committee (the President may or may not uphold the recommendations of the committee), you need to proceed in the following way:

If your appeal is not granted, you need to appeal directly to the President, asking him to independently review your case and write why you feel you are a valuable member of the QCC community.  This letter must be sent to the President within 10 days (excluding weekends and holidays) after you receive notification.

The President has 10 days to respond to your direct appeal.

If you appeal is not granted, you have 10 days to ask for a letter of reasons from the President as to why you were not reappointed.

 Again the President has 10 days to respond.

 Once you get your reasons letter, see the QCC Grievance Counselor ASAP who will begin to investigate the grievance. 

 QCC FACULTY BYLAWS

 

Article V ACADEMIC REVIEW COMMITTEE 

 

The purpose of the Academic Review Committee shall be to hear all appeals regarding personnel actions of Departmental and College P & B Committees. Consideration of an appeal may be requested by the affected individual or referred to the Academic Review Committee by the President. 

The membership shall consist of the following: one (1) Academic Dean (full), chosen by the President annually to serve as chairperson without vote; five (5) tenured professors and/or associate professors elected at large annually with a sixth as an alternate. Those members defined as faculty shall constitute the electorate in voting for members of this committee with the exception of administrators, who are not acted upon by the College P & B.

Positive decisions of this committee shall be forwarded directly to the President, or, in the case of negative departmental action, the Academic Review Committee may refer its positive recommendations initially to the College P & B. In the course of meetings, this Committee shall have access to all pertinent information available to the Departmental and College P & B Committees. 

 

 

 PSC CUNY Contract  Collective Bargaining Agreement

 20.4 Formal Procedure for Handling Grievances:

Grievances may be filed by an employee in the bargaining unit on his or her behalf, by the  PSC on its behalf, or by the PSC on behalf of any employee or group of employees in the   bargaining unit. Grievances involving employees in more than one College of the University   may be filed by the PSC initially at Step 2 of the grievance procedure.   Except in the case of a grievance or arbitration brought by the PSC on its own behalf or on   behalf of an employee or a group of employees, no member of this unit may represent another   member of this unit at any level of the grievance or arbitration procedure. 

 A grievance must be filed by an employee or the PSC within thirty (30) days, excluding   Saturdays, Sundays and legal holidays, after the PSC or the employee on whose behalf the   grievance is filed became aware of the action complained of, except that grievances relating   to reappointment or to appointment with a certificate of continuous employment shall be filed   within thirty (30) days excluding Saturdays, Sundays, or legal holidays of the individual's   scheduled date of notification as specified by Articles 10 and 13 of the Agreement. Any grievance or informal complaint not processed in accordance with the time limits specified  herein shall be deemed waived by the grievant.

A grievance must be stated in writing setting forth the basis therefor with reasonable particularity, including a designation of the Article of the Agreement, the Section of the  Bylaws, or the written policy of the Board relied upon, and the remedy requested.

Step 1. Grievances shall be filed with the President of the College affected or the   President's designee. The President or the designee shall, within fifteen (15) days excluding   Saturdays, Sundays, or legal holidays, of the receipt of the grievance, meet with the grievant   and a representative of the PSC for the purpose of discussing the grievance. The President or   the designee shall, within fifteen (15) days, excluding Saturdays, Sundays, or legal holidays,after the grievance meeting, issue a decision with reasons in writing to the grievant and the   PSC.

Step 2. If the grievance has not been settled at Step 1, then within twenty (20) days,exclusive of Saturdays, Sundays, and legal holidays, after receipt of the written decision of the   President of the College or the President's designee, or the expiration of the time limits for   making such decision, the grievant or the PSC may submit the grievance in writing to the   Chancellor or the Chancellor's designee, together with a copy of the decision of the President   of the College affected, or the designee. The Chancellor or the Chancellor's designee shall,   within twenty (20) days, exclusive of Saturdays, Sundays, or legal holidays, of the receipt of   the grievance, meet with the grievant and a representative of the PSC for the purpose of   discussing the grievance. In the event the Step I decision was not received by the PSC at   least fifteen (15) calendar days prior to the scheduled Step 2 meeting, the Chancellor or  his/her designee shall, upon request by the PSC, direct the College to present its arguments   first at the Step 2 meeting and shall grant the PSC, upon its request, an adjournment of no   greater than fifteen (15) calendar days for the presentation of the grievance at Step 2. It is   understood that nothing herein shifts the burden of proof with respect to the allegations  contained in the grievance. The Chancellor or the designee shall, within twenty (20) days,exclusive of Saturdays, Sundays, or legal holidays, after the grievance meeting, mail the  disposition with reasons in writing to the PSC and to the grievant or grievants affected by   certified mail, return receipt requested.

Step 3. If the grievance has not earlier been settled, or if the Chancellor’s disposition has   not been issued within the time limits above set forth, the person or persons who submitted   the grievance at Step 2 may appeal the Step 2 decision to arbitration by serving written notice   to that effect by certified mail, return receipt requested, directed to the Chancellor or the  Chancellor’s designee and to the American Arbitration Association (hereinafter “AAA”) within twenty (20) days, exclusive of Saturdays, Sundays, or legal holidays, after mailing of the Step   2 decision, or the last date for the mailing thereof. Arbitration shall be conducted in   accordance with the rules of the American Arbitration Association and the laws of the State of   New York, subject to the provisions of paragraph 20.5 hereof. Legal holidays referred to   above shall be those holidays so designated by the State of New York.

20.5 Special Arbitration Provisions:

(a) The parties hereby designate such arbitrators as shall be mutually agreed upon by  the parties during the life of this Agreement, as Members of the Arbitration Tribunal Panel   under the Agreement. The American Arbitration Association shall designate individual   Arbitrators, who are Members of the Arbitration Tribunal Panel, to serve in particular cases   submitted to arbitration in accordance with this Section. The designation and initial   scheduling of such cases shall be in accordance with the following procedure:shall be the Administrative Chairperson of the Arbitration   Tribunal Panel. The Chairperson shall review all requests for arbitration, together with the   grievances in Step 1 and Step 2 and the responses related thereto, and shall, in his or her   discretion, determine and direct the American Arbitration Association in respect of the   assignment and initial scheduling of particular cases for hearing before himself or herself or   any other single Member of the Panel. The Member of the Panel so designated shall be the   sole Arbitrator for such case. In connection with said scheduling and assignment, the   Chairperson may require consultation with parties’ representatives as to the nature of the   issues and relief sought and as to other matters related to the assignment or initial scheduling   of cases for hearing. The Chairperson may issue a Memorandum of such consultation for the   guidance of the parties, the American Arbitration Association, and the designated Arbitrator, it   being understood that the Chairperson shall make no determination as to any issue of   arbitrability or as to any other issue in the case, unless and until he or she is the assigned   Arbitrator, and that the said Memorandum shall not constitute an Award nor be binding upon   the designated Arbitrator or the parties. The Arbitrator shall be authorized at any time during   the course of the proceedings, on the basis of the proceedings to date, to issue preliminary or   interim awards, including awards as to arbitrability, which shall determine the further course of   the proceedings.

(b) For purposes of this sub-paragraph, "academic judgment" shall mean the judgment   of academic authorities including faculty, as defined by the Bylaws, and the Board (1) as to   the procedures, criteria and information to be used in making determinations as to   appointment, reappointment, promotions, and tenure and (2) as to whether to recommend or   grant appointment, reappointment, promotions and tenure to a particular individual on the   basis of such procedures, criteria and information. In the arbitration of any grievance or   action based in whole or in part upon such academic judgment, the Arbitrator shall not review   the merits of the academic judgment or substitute his or her own judgment therefor, provided   that the Arbitrator may determine (i) that the action violates a term of this agreement or (ii) that   it is not in accordance with the Bylaws or written policies of the Board, or (iii) that the claimed   academic judgment in respect of the appointment, reappointment, promotion or tenure of a   particular individual in fact constituted an arbitrary or discriminatory application of the Bylaws   or written policies of the Board.

(c) (1) In cases involving the failure to appoint, promote or reappoint an employee in which   the Arbitrator sustains the grievance, except as specifically provided by sub-paragraph (d)   below, the Arbitrator shall not, in any case, direct that a promotion, appointment or   reappointment with or without tenure be made, but upon his or her finding that there is a   likelihood that a fair academic judgment may not be made on remand if normal academic   procedures are followed, the Arbitrator shall remand the matter to a select faculty committee   of three tenured full or associate professors of The City University of New York, to be selected   from a panel jointly chosen by the Chancellor and the President of the PSC of, when possible,   100 tenured full or associate professors, or in a case involving members of the non-classroom   instructional staff, from a panel of, when possible, 40 Higher Education Officers, Higher   Education Associates, Registrars, Associate Registrars, Chief CLTs and Senior CLTs. The   composition of the said panel shall be subject to review and/or replacement annually.   The selection of the members of a select faculty committee shall be made in the following   manner: The Chancellor shall submit to the PSC the names of 4 persons from the panel   established pursuant to paragraph 20.5.c.1 to serve on the committee. The PSC may reject   one name. In the event the PSC does not reject one name the Chancellor shall select the 3  persons to serve on the committee.   The committee to whom such remand is made for the making of the academic judgment shall   (1) have access to the same materials to which the College President had access with respect   to the action from which the grievance arose, except as modified by the arbitrator's award, (2)   shall meet to deliberate on the assigned case, (3) be subject to the regular rules of   confidentiality of faculty proceedings, and (4) shall be constituted within a reasonable time   after the Arbitrator's Award is rendered and shall render its decision within twenty (20) days   thereafter. The authority of the committee is limited to rendering the academic judgment on   the action from which the grievance arose. The committee recommendation shall be in   conformity with the Bylaws and policies of the Board and with the Agreement. The   recommendation of the committee shall be in the form:   "The committee recommends (does not recommend)   (a) appointment, (b) reappointment or (c) promotion"   The committee shall not make recommendations as to any other matter, including but not   limited to period of employment or compensation or other benefit of employment.  

 On receipt of a positive decision which conforms with this Agreement, the Chancellor shall   recommend approval of the select committee decision to the Board of Trustees. In the event   that the committee decision does not conform with the Agreement, the committee shall be   disbanded and a new committee established. The deliberations and decision of the select   committee shall not be grievable.   (2) In cases which arise from actions on reappointment with tenure or a CCE or   promotion, the grievant who has been awarded retroactive tenure, CCE or promotion as a   result of the recommendation of a select faculty committee adopted by The Board shall   receive the salary exclusive of fringe benefits which would have been payable from the   effective date of the tenure, CCE or promotion less any amounts earned and other legal   offsets attributable to the period between the date of tenure, CCE or promotion and the   effective date of the implementation of the remedy.   In cases which arise from actions on reappointment for a prescribed period of time, and the   grievant is reappointed as a result of the recommendation of a select faculty committee  adopted by The Board, the sole remedy shall consist of reappointment for a prospective   equivalent period of time.

Grievances which arise from action on reappointments with tenure, CCE, Certificate of   Continual Administrative Service or promotion shall be given priority in processing in the   grievance procedure including scheduling for arbitration.

(d) (1) In cases involving the failure to reappoint an employee in which the arbitrator   sustains the grievance upon a finding of a failure to comply with, or an arbitrary or   discriminatory application of, procedures such that no academic judgment could have been   made with respect to the reappointment of such employee, and a further period of service is   necessary to correct the failure to comply with, or the arbitrary or discriminatory use of,   procedure, the arbitrator may recommend the prospective reappointment of such employee   for a period not to exceed one academic year. The Board shall appoint the employee in   accordance with the arbitrator's recommendation. In no event shall such reappointment   confer or result in the granting of tenure, a certificate of continuous employment, or a  multiple-year appointment.

(2) If an employee who has been appointed upon an arbitrator's recommendation is   thereafter reappointed pursuant to established procedures for the next academic year in a   tenure or certificate-bearing title, or in a multiple-year reappointment situation, the service   pursuant to the appointment recommended by the arbitrator shall be counted as service   toward tenure or a certificate of continuous employment, or a multiple-year appointment, as   the case may be.

20.6 In no event shall the Arbitrator have authority to add to, subtract from, modify or  amend the provisions of this Agreement or the Bylaws of the Board. Such decision or award   shall be binding upon the PSC, the University and the employees affected thereby. The costs   of arbitration shall be borne equally by the parties. When arbitrations are not initiated by the   PSC, the American Arbitration Association shall require the employee or employees   submitting the same to file with the Association adequate security to pay the cost of   arbitration. Expenses for witnesses, however, shall be borne by the party who calls them. 

 20.7 The University and the PSC will establish a PSC/management committee to study   ways to make the grievance procedure more efficient. The committee will make   recommendations to the Chancellor and to the President of the PSC by December 31, 1999.   The recommendations shall be advisory. Any recommendations with which both theChancellor and the President of the PSC agree, may be implemented during the term of this   agreement.

20.8 A grievance filed by the PSC pursuant to this article may be resolved by settlement   only if agreed to in writing by the Office of Faculty and Staff Relations and by the PSC Central Office. 

 

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