Transcript Slide 1

POSTDOCTORAL SCHOLAR (PX)
Contract Implementation
Training
October 2012
UC Irvine
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OVERVIEW
o The Postdoc Labor Agreement
is in effect from
August 12, 2010 through September 30, 2015.
o The bargaining unit includes Postdoctoral Scholar:
o Employees (3252)
o Fellows (3253)
o Paid Directs (3254)
o APM 390 will only be used for:
o
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Postdoctoral Scholars whose physical work locations are not located in
California.
SOM only under very limited circumstances: Clinical Instructors who
are on certain fellowship grants and conducting research not directly
related to their clinical work. AP must be consulted before use of
these APM 390 title codes are used.
.
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EXCLUSIVE REPRESENTATION
THE LAW
Under HEERA, when a union is an exclusive
representative, it represents all employees in the
bargaining unit.
o The union negotiates wages, hours, benefits and
working conditions
o The negotiated terms in the labor contract govern most
of the University’s employment relationship with
Postdocs.
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AGREEMENT vs APM 390
MUCH IS UNCHANGED
o Definition of Postdoctoral Scholar has NOT changed
o Have Ph.D. or other terminal advanced degree; engaged in
temporary & defined period of work of advanced training …
under direction & supervision of faculty mentors.
o Postdoctoral Scholars do not “own” the work. Postdoctoral
Scholar are “trainees” carrying out research.
o When a Postdoc appointment ends, the University is not
o
obligated to replace her/him with another Postdoc, unless
required by a training grant.
Relationship with supervisor still involves performance and
research expectations.
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SUPERVISOR/POSTDOC
RELATIONSHIP
o Supervisor
o The term “supervisor” is used throughout the Agreement to
refer to the person who is responsible for mentoring /
performance evaluation, appointment decisions, etc.
o Supervisor is used because the Agreement reflects
terms and conditions of employment, and therefore the
relationships covered by the labor agreement are
those of supervisor/employee.
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APPOINTMENTS
o Appointments & Reappointments are at the sole discretion of
the University.
o Terms of service
o The initial appointment must be at least one year.
o Subsequent reappointments are at management discretion and
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are normally one year; may be longer at PI discretion or as
required by a grant.
Subsequent appointments may be shorter than a year under
limited circumstances:
o
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o
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Funding is available for less than a full year
Continuation of project is less than one year
Visa Limitations
At request of Postdoc UC may bridge appointment for less than a year.
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APPOINTMENTS
o Appointment process:
o Appointment and Reappointment delegated to
o
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Deans and Vice Chancellor of Research,
effective October, 2012
Revised Appointment Form, UCI-AP-PX1,
which combined the offer and appointment
process in one form.
Academic Personnel and Graduate Division
will continue to serve as policy resources to
departments and schools.
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TIME WORKED / TIME OFF
o Postdocs are considered “exempt” employees
o Exempt = salaried, not hourly; not overtime eligible
o Expectation: “at least 40 hours per week”
o Supervisor still verifies absences
o Postdoc cannot independently determine her/his
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schedule – supervisor still approves
Emphasis is on meeting professional goals and on
demonstrating research and creative capabilities,
rather than working a specified number of hours.
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TIME WORKED / TIME OFF
o Personal Time Off must be requested and approved in
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advance
Supervisor cannot unreasonably deny time off
o Research considerations still prevail
o Religious holiday – UC may not unreasonably deny a request
for a religious holiday
o “Use-it-or-lose-it” form of time off: no need to pay off
unused time off at end of appointment
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GRIEVANCE & ARBITRATION
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A Grievance is: “a claim by an individual Postdoctoral Scholar, a group of
Postdoctoral Scholars, or the UAW that the University has violated a specific
provision of this Agreement during the term of the Agreement.”
Excluded Issues:
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Content of Individual Development Plans, Progress Assessments, Annual
Reviews
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Arbitrator cannot review or substitute own judgment for that of the PI.
The campus steps in the grievance process allow for review by the Dean
and/or Vice Provost
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Informal – Supervisor/Chair
Step One – Chair/Assoc Dean
Step Two – Graduate Dean
Step Three – Office of the President
Arbitration – 3rd party neutral – full evidentiary hearing
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INDIVIDUAL DEVELOPMENT PLANS
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Development of an IDP is OPTIONAL – a PI cannot require a Postdoc
to develop one.
The Postdoc is responsible for the development of her/his IDP.
The Supervisor may designate another qualified individual who can
work with the Postdoc on her/his IDP.
The IDP may be used as part of the foundation for the Performance
Assessment.
Process for developing IDP is outlined in the contract.
The supervisor or designee provides advice about revision
The process serves as a communication tool.
http://www.grad.uci.edu/forms/postdoctoralscholars/Postdoc%20IDP%20Guidelines.pdf
http://www.grad.uci.edu/forms/postdoctoralscholars/Postdoc%20IDP%20Self%20Assessment%20form.pdf
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PROGRESS ASSESSMENTS
o Supervisor “shall provide the Postdoc with at least
one written review per 12-month period”.
o Supervisor must communicate research and progress
expectations for coming year; no specific time frame.
o Failure to do so could impact ability to discipline for
performance
o When putting expectations in writing, supervisor may
o
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use a pre-established form (UCI-AP-PX3).
Contents of IDPs, Progress Assessments, and Annual
Reviews are not grievable.
DOCUMENTATION IS KEY TO SUCCESS
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DISCIPLINE & DISMISSAL
o Three levels of discipline:
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Letter of Warning
Suspension
Dismissal
o Dismissal normally preceded by at least one letter of warning.
o UC may proceed to dismissal without written warning when
seriousness of misconduct or performance warrants.
o Just Cause for Discipline & Dismissal
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Process outlined in the Agreement
Disciplinary Actions will be grievable and arbitrable.
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JUST CAUSE
(NOT “JUST BECAUSE”)
Just Cause includes seven universal standards:
1. Notice: Prior to imposing discipline, employee must have notice of rules
and expectations. May need to prove that employee knew the
rules/expectations.
2. Reasonable Rule or Order: Must be consistent with labor contract, cannot
be arbitrary or capricious.
3. Sufficient Investigation must occur prior to the discipline, be thorough,
give employee opportunity to respond, & allow for union representation.
4. Fair Investigation: The result must not be a foregone conclusion; question
assumptions & bias.
5. Proof: Level of proof is normally “substantial evidence” but a higher
standard may be applied for more serious discipline.
6. Equal Treatment: Did the employer apply rules, orders and penalties
evenhandedly – applying same standard of justice it would apply to other
(favored) employees?
7. Penalty: Was the degree of discipline administered reasonably related to
either the seriousness of the employee’s offense or to the record of past
service?
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