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POSTDOCTORAL SCHOLAR (PX) Contract Implementation Training October 2012 UC Irvine 1 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 o 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. . 2 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. 3 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. 4 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. 5 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 o 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 o o o 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. 6 APPOINTMENTS o Appointment process: o Appointment and Reappointment delegated to o o 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. 7 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 o 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. 8 TIME WORKED / TIME OFF o Personal Time Off must be requested and approved in o 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 9 GRIEVANCE & ARBITRATION o o o 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: o Content of Individual Development Plans, Progress Assessments, Annual Reviews o 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 o o o o o 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 10 INDIVIDUAL DEVELOPMENT PLANS o o o o o o o 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 11 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 o use a pre-established form (UCI-AP-PX3). Contents of IDPs, Progress Assessments, and Annual Reviews are not grievable. DOCUMENTATION IS KEY TO SUCCESS 12 DISCIPLINE & DISMISSAL o Three levels of discipline: o o o 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 o o Process outlined in the Agreement Disciplinary Actions will be grievable and arbitrable. 13 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? 14 16 18 19