Emerson College & ECCAAUP Collective Bargaining Agreement

Emerson College and ECCAAUP Collective Bargaining Agreement

January 31, 2024 through June 30, 2028

Article 1, Agreement

The general purposes of this Agreement are to set forth the terms and conditions of employment and to promote orderly and harmonious relations in the mutual interests of the College and the ECCAAUP. The College and the ECCAAUP recognize their responsibility to work jointly and cooperatively in supporting the goals and objectives of the College community.

Article 2, Definitions

2.1

Administration: The President of the College and such administrative officers as the President shall appoint.

2.2

Represented Faculty Member: Full time employees who hold faculty rank, consistent with the employees defined in Article 3, Recognition.

2.3

Base salary: The basic salary a Represented Faculty Member receives upon appointment plus increases added to the base (see Article 15) but excluding all other forms of compensation.

2.4

Board of Trustees: The governing body of the College charged with upholding the charter, confirming educational goals and ratifying overall policy.

2.5

Department: The principal academic subdivisions of a School organized by related fields of knowledge.

2.6

Department Chair: A faculty member with responsibility for the academic leadership of a Department.

2.7

ECCAAUP: The Emerson College Chapter of the American Association of University Professors.

2.8

Emerson College (the "College"): A private institution of higher education incorporated in the Commonwealth of Massachusetts. A change of institutional name or a change of location of the institution shall have no effect on this Agreement except as specifically noted hereinafter.

2.9

Academic Units: Currently, the principal academic subdivisions of the College organized by related fields of knowledge, including the two schools ("School"): the School of Arts; and the School of Communication; and the Marlboro Institute for Liberal Arts and Interdisciplinary Studies ("Institute").

2.10

Spouse: As defined by the laws of the state of the Represented Faculty Member's residence.

2.11

AFEC: Part time faculty union known as the Affiliated Faculty of Emerson College.

2.12

Handbook: The handbook adopted by the Faculty Assembly and ratified by the Trustees on September 6, 2006, as it may be amended from time to time in accordance with its provisions therefor.

2.13

Term Faculty: Full-time faculty of any title with renewable fixed term contracts. Appointment as term faculty includes no right to tenure, reappointment or promotion to any tenure-seeking rank, regardless of term of service.

2.14

Distinguished Term Faculty: Individuals employed by the College holding a full-time faculty appointment of a year or more who, in the College's opinion, have achieved national recognition for creative work/practice/scholarship. While they may teach from time to time and perform some type of service, their primary value to the College is their national recognition and their agreement publicly to acknowledge their affiliation with Emerson in relation to that nationally recognized creative work/practice/scholarship. Appointment as distinguished term faculty includes no right to tenure, reappointment or promotion to any tenure-seeking rank, regardless of term of service.

2.15

Non-renewable Term Faculty: Term Faculty hired for one year with no expectation of re-appointment.

2.16

Continuous Appointment (Tenured): A Continuous Appointment is an appointment offered to those who have achieved tenure.

2.17

Probationary Appointment (Tenure Track): A Probationary Appointment-Tenure Track is an annual appointment for those faculty members on the Tenure Track, which the College may renew each year, for up to six years, at which point tenure must be either granted or denied.

2.18

Provost: The Chief Academic Officer of the College. References to the Provost will always refer to the College's chief academic officer regardless of any future title change.

Article 3, Recognition

3.1

The College recognizes the ECCAAUP as the sole and exclusive representative for purposes of collective bargaining in respect to wages, hours and working conditions of all Represented Faculty Members set forth below:

All full-time teaching faculty members, including all full-time tenured, all full-time tenure track and all full-time non-tenure track, including without limitation, faculty with the title of "Term Faculty" and "Non-renewable Term Faculty," and also "Distinguished Term Faculty" subject to the provisions of 3.2.

Excluded are Department Chairs, part-time faculty members, administrators, deans, non-teaching professionals, librarians and library employees, coaches and the Director and Editor-in-Chief of Ploughshares and Distinguished Publisher in Residence, the Stephen G. Langley Chair of Theatre Management and Production, the Distinguished Artist-in-Residence, Co-Artistic Directors Arts Emerson, the Lois and Henry Foster Chair in Contemporary Art Theory and Practice and Distinguished Curator-in-Residence, visiting faculty contracted to work for less than an academic year; and all other employees, guards and supervisors defined in the Act.

3.2

The College will retain full flexibility in creating individualized appointments in respect to teaching, service, compensation, workload and other terms and conditions of employment for Distinguished Term Faculty. The ECCAAUP agrees that the College will individually negotiate those terms and conditions of employment with Distinguished Term Faculty without the involvement and representation of the ECCAAUP. Notwithstanding the foregoing, Distinguished Term Faculty are free to privately discuss terms and conditions of employment with the ECCAAUP should they so desire.

3.3

The College shall not aid, promote or finance any other group or organization that purports to engage in collective bargaining on behalf of Represented Faculty Members covered by this Agreement.

3.4

It shall be the policy of the College not to alter, reduce or increase the number of Represented Faculty Members by arbitrary change in job classification titles.

3.5

The ECCAAUP agrees to represent all members of the bargaining unit equally, whether or not they choose to be members of or to pay dues to the ECCAAUP.

Article 4, Communications and Meetings

4.1

The ECCAAUP may hold meetings solely with the full-time faculty and/or part-time faculty of the College, together with representatives of the AAUP and other invited guests, to conduct official ECCAAUP business on the College's Boston campus so long as such facilities are available and the ECCAAUP complies with the rules, regulations and practices relating to the use of such facilities.

4.2

For the purpose of carrying out its official business, the ECCAAUP may use the following College services and equipment: full-time faculty mailboxes and on-campus mail; local and toll telephone services; copying equipment; electronic mail; and United States Postal Service mail, except for certified mail.

4.2.1

In the event that the College has assigned the ECCAAUP account numbers or code numbers for tracking expenses for toll telephone calls, copying equipment, and/or the United States Postal Service, the ECCAAUP will use those assigned account/code numbers and not other College account/code numbers.

4.2.2

In the event account/code numbers are in use, the ECCAAUP will be responsible to pay the charges recorded under the account/code numbers assigned to the ECCAAUP. If practicable, the College will send a bill to the ECCAAUP which is to be paid by the ECCAAUP not later than ten (10) calendar days after receipt of the bill by the ECCAAUP. In the event that the bill is not paid by the ECCAAUP within the ten (10) calendar day period, the College will terminate the ECCAAUP's use of toll telephone services, copying equipment and United States Postal Service on-campus mail until full payment of any outstanding balance is made to the College. In the case of copy center facilities, the ECCAAUP is responsible for alerting the College to the expenses and arranging for reimbursement.

4.2.3

The ECCAAUP may post official ECCAAUP notices by email and on College bulletin boards which are normally used for notices to full-time faculty.

1. The ECCAAUP must be clearly identified on the face of any posted material. The ECCAAUP is solely responsible for all costs associated with any posting.
2. A copy of the posted material will be provided by the ECCAAUP to the College's Provost or a designee at the time of posting.
3. A notice not posted in accordance with this Article may be removed by the College.

4.2.4

If the ECCAAUP chooses to avail itself of College facilities, equipment or services, the ECCAAUP shall hold the College harmless for any alleged failure or unavailability of such facilities, equipment or services. Furthermore, the ECCAAUP shall not file grievances under this Agreement alleging that the failure or unavailability of such facilities, equipment or services interfered with or adversely affected the carrying out of ECCAAUP business.

4.2.5

The ECCAAUP will not interrupt or interfere with the duties of the faculty or the operations of the College in carrying out official ECCAAUP business or in its use of College facilities, equipment or services.

4.2.6

The College will list the ECCAAUP in the internal College directory under the name of the ECCAAUP, providing the names and telephone numbers of the ECCAAUP's president, vice-president, treasurer, and grievance officer.

4.2.7

The College will provide ECCAAUP up to 20-minutes to make a presentation to faculty during new faculty orientation.

4.2.8

The College will include a link to the current Collective Bargaining Agreement between Emerson College and ECCAAUP in offer letters to faculty who will be members of the bargaining unit represented by ECCAAUP.

4.3

The ECCAAUP shall inform the College upon its election and in writing of its authorized representatives for each Academic Year as well as any changes that occur during that year.

4.4

The College shall provide the ECCAAUP, within thirty (30) calendar days of the first day of classes of the Fall Term, a list of all Represented Faculty Members reflecting name, rank, salary, Department, time in rank and date of original employment, duration of each contract, and any changes resulting from promotion, tenure, leaves, termination, changes from or to part-time employment or administrative status of any Represented Faculty Member. Interim changes shall be sent within thirty (30) days of the first day of classes of the Spring Term.

The College shall provide the ECCAAUP, within thirty (30) calendar days of the first day of classes each semester during the academic year, a list, to the extent the College has the following information, of all Represented Faculty Members including the name, home address, phone numbers, and email addresses, as self-reported through eCommon or other applicable interface should eCommon be replaced or renamed. This information will be provided to the ECCAAUP President electronically.

4.5

The College shall give the ECCAAUP a copy of the annual audited financial statement of the College within ten (10) business days of its availability for distribution, provided that the ECCAAUP gives the College a copy of its Labor Organization Annual Report (Form LM-2 or LM-3, or any such similar forms to be filed with the Department of Labor) within ten (10) business days of its filing with the US Department of Labor. Upon request by the ECCAAUP, the College shall, in its sole discretion, provide the ECCAAUP with additional financial information concerning the purchase or sale of property, the addition of new academic programs, the opening or closing of academic centers, the addition or elimination of degree programs or material changes in enrollment.

4.6

This Agreement shall be binding upon and is exclusively between the ECCAAUP and the College.

Article 5, Dues and Fees Checkoff

5.1 Form for Dues or Bargaining Assessment Fees Checkoff

The College will deduct ECCAAUP dues or a Bargaining Assessment Fee for those Represented Faculty Members who affirm on an appropriate form (Appendix A) that they wish to make such payment, and to do so by payroll deduction. Once a Represented Faculty Member affirms that they wish to make such payment by payroll deduction, such deduction shall remain in place from year to year, unless the Represented Faculty Member withdraws their consent in writing. The form will be included with the Provost's issuance of annual contracts or salary letters to Represented Faculty Members. Represented Faculty Members who have not previously authorized payroll deduction of dues or the Bargaining Assessment Fee shall return the signed form to the address listed on the form by September 1 of each year. The College will not process payroll deductions for forms received after September 1. Subject to applicable law, the College shall deduct from the salary of any Represented Faculty Member who so authorizes this deduction in writing the ECCAAUP's established dues or the Bargaining Assessment Fee as certified to the College by the ECCAAUP. The College shall deduct these amounts in six equal installments over three months (October through December).

5.2

Subject to applicable law, the College and the ECCAAUP agree that all Represented Faculty Members shall pay for the expenses of collective bargaining and contract enforcement, whether or not such employees are members of the ECCAAUP. The fee assessed non-members of the ECCAAUP is the "Bargaining Assessment Fee."

5.3 Conscientious Objector Exemption

Notwithstanding Section 5.2, the ECCAAUP and College recognize that a Represented Faculty Member may have bona fide moral or conscientious objections to becoming a member of the ECCAAUP or to paying dues or a Bargaining Assessment Fee. In such a case, a Represented Faculty Member must apply to the ECCAAUP for an exemption from such dues and the Bargaining Assessment Fee. The ECCAAUP's Executive Committee shall have the sole right to determine whether such exemption shall be granted. Once the Executive Committee grants an exemption to such a Conscientious Objector, that individual is not required to apply again for the exemption.

A Represented Faculty Member whose application for an exemption as a Conscientious Objector is granted by the ECCAAUP shall make a donation each year to a 501(c)(3) charitable organization of the Conscientious Objector's choice of an amount of money equal to either the dues assessed on members, or the Bargaining Assessment Fee assessed on non-members ("the Conscientious Objector Contribution"). Conscientious Objectors shall certify to the ECCAAUP that they made such a donation. Such certification shall be in a form determined by the ECCAAUP and through a process managed solely by the ECCAAUP.

5.4 Processing of Dues or Bargaining Assessment Fees Checkoff

By October 1 of each year, the College shall furnish the ECCAAUP the names of those Represented Faculty Members who have signed up for payroll deduction and shall forward to the Treasurer of the ECCAAUP the proceeds on the last day of the month during which the dues or the Bargaining Assessment Fees are collected. It is agreed that once such deductions are remitted to the ECCAAUP, the disposition of such funds thereafter shall be the sole and exclusive obligation and the responsibility of the ECCAAUP. Also, by October 1 of each year, the College shall provide the ECCAAUP with the names of all Represented Faculty Members who do not have in place an authorization for payroll deduction of dues or Bargaining Assessment Fees. The ECCAAUP shall then be responsible for notifying the faculty members who do not have an authorization for payroll deduction of dues or Bargaining Assessment Fees as to their requirement to tender such payments to the ECCAAUP. A Conscientious Objector Contribution may not be deducted from the Represented Faculty Member's paycheck.

5.5

The ECCAAUP shall indemnify, defend and otherwise hold the College harmless against any and all claims, demands, suits initiated by faculty against the College or other forms of related liability that shall arise out of or by reason of action the College takes pursuant to this Article.

5.6

Aside from the College's administrative duties under this Article, the College shall not be liable to the ECCAAUP for the regular dues or the Bargaining Assessment Fee owed by a Represented Faculty Member to the ECCAAUP.

Article 6, Management Rights

All management functions, responsibilities and powers which the College and the Administration have not modified or restricted by a specific provision of the Agreement are retained and vested exclusively in the College and the Administration.

Without limiting the generality of the foregoing, the College and the Administration reserve the right to make any changes in academic assignments which result from changes in academic policy; the authority to restructure Departments and Schools and other Academic Units within the College; to discharge or otherwise discipline Represented Faculty Members for just cause; to hire, promote, transfer, not reappoint or terminate Represented Faculty Members; to determine staffing and faculty size; to determine the number of all faculty; to determine the number of students per class; to assign course responsibilities to all faculty as it sees fit; to assign administrative duties, including service to the College and its subdivisions; and to make changes in policies and practices not inconsistent with this Agreement.

The College and the Administration reserve the right to otherwise generally manage the College to attain its goal of excellence in teaching and scholarship, except as otherwise modified or restricted by a specific provision of this Agreement.

The listing of specific rights in this Agreement is not intended to be, nor shall be, restrictive of or a waiver of any of the rights of the College or the Administration not listed or surrendered herein whether or not such rights have been exercised by the College and the Administration in the past.

Article 7, Nondiscrimination

7.1

The College, the Administration, College administrative personnel, the ECCAAUP or Represented Faculty Members shall not discriminate against any Represented Faculty Member for reasons of gender or sex (including pregnancy), gender identity or expression, race, color, religion or religious creed, sexual orientation, national origin, ancestry, disability or handicap, age, genetic information, marital status, veteran status, and any other category protected by law, or membership in or activity on behalf of or against ECCAAUP or any other labor organization. Harassment of individuals on account of any protected characteristic shall be considered an act of discrimination.

7.2 Affirmative Action

The College and the ECCAAUP agree to the importance of developing and implementing nondiscrimination policies and workplace diversity and inclusion polices in a manner compliant with law. Represented Faculty Members have a shared responsibility and commitment to promote a nondiscriminatory College environment.

7.3. Grievances

Grievances arising under this Article shall be processed through Step 1 of the grievance procedures set forth in Article 11 but shall not be referred to outside arbitration.

Article 8, Faculty Ranks and Appointments

8.1

The College recognizes that full-time faculty are pivotal to the health and vitality of the College. Represented Faculty Members and the College are committed to shared governance and cultivating a culture in which such faculty can thrive. Consultation will occur about the addition of new position types or the elimination of position types.

The College will make a good faith effort to maintain at least one hundred seventy-five (175) full time faculty positions. Further, in the absence of financial exigency, the College will maintain at least one hundred sixty (160) full time faculty positions. For avoidance of doubt, this number will include individuals who are participating in Phased Separation agreements under this Agreement.

8.2 Issuance and Receipt of Appointment Letters

Terms and conditions of every appointment are in writing and a copy of the appointment document shall be supplied to the Represented Faculty Member and filed in the Office of Academic Affairs. Any subsequent modifications of an appointment are in writing to the faculty member with a copy placed in the faculty member's personnel file.

8.3 Background Checks

The College may conduct criminal record and sex offender registry checks on Represented Faculty Members in accordance with applicable law. A Represented Faculty Member's refusal to consent to a criminal record or sex offender registry check shall be just cause for discipline up to and including termination of employment.

Article 9, Separation

9.1 Resignation

Resignation is a separation action initiated by a Represented Faculty Member. A Represented Faculty Member may resign at the end of an Academic Year provided that the Represented Faculty Member gives notice in writing not later than May 15th or thirty (30) calendar days after receiving notification of the terms of the Represented Faculty Member's appointment for the coming year, whichever date occurs later. The Represented Faculty Member may request and will normally be granted a waiver of this notification time period in case of hardship or a situation where the Represented Faculty Member would otherwise be denied substantial professional advancement.

9.2 Phased Separation

9.2.1

Eligible Represented Faculty Members may choose to enter a phased separation plan which shall take place over up to two consecutive academic years for both tenured faculty and for Term faculty. Any represented Faculty Members who at the time of the ratification of this Agreement are in the first year of a phased separation that commenced under the phased separation plan that existed prior to the ratification of this Agreement may continue with the existing terms of their phased separation plan or elect to convert their phased separation to the model set forth herein but may not discontinue phased separation. Any leaves, such as short-term disability leave, taken by the Represented Faculty Member during the phased separation period will not extend the phased separation period. To be eligible, a tenured Represented Faculty Member must be at least fifty-nine years of age at the commencement of phased separation, must have been tenured for six (6) or more years at the time the phased separation commences, and must retire from the College at the conclusion of the last semester.

A Term Represented Faculty Member must be at least fifty-nine years of age at the commencement of the phased retirement, have ten (10) years of full-time service as a faculty member at the College and must be on a multi-year appointment. In the case of Term faculty, the transitional separation period shall not extend the length of the individual contract in effect when the Term Faculty member gives notice of his/her election of phased separation.

During the phased separation, the Represented Faculty Member will teach at least two (2) courses per Academic Year and service responsibilities as agreed upon and approved by the Department Chair and the Dean. During the phased separation, the Represented Faculty Member will receive a base salary equal to one-half of the base salary in effect at the commencement of the phased separation, plus proportionate increases added to the base during the term of their phased separation (see Article 15). The Represented Faculty Member will receive all benefits during the phased separation; however, benefits calculated using base salary will be reduced proportionally. For example, the College's retirement contribution to a Represented Faculty Member in phased separation would be 9% or 12% of the reduced base salary. Represented Faculty Members on phased separation are not eligible for curriculum, tenure and promotion, or sabbatical committee membership or leaves other than those that are medically necessary or qualifying family leave.

An eligible Represented Faculty Member must first confer with the Provost or the Provost's designee and then give notice in writing to the Provost of the Represented Faculty Member's election of phased separation at least twelve months prior to the date on which the phased separation shall commence. A phased separation may commence only at the beginning of the Fall or Spring Terms.

A Represented Term Faculty Member must provide notice no later than the end of the Represented Faculty Member's either first year of a Senior Term appointment or the end of the third year of a Senior Term II appointment. An eligible Represented Faculty Member must give notice no later than August 31st of the calendar year preceding the academic year in which the phased separation will commence; and must retire no later than the end of the second academic year following commencement of the phased separation.

Once approved by the College, a faculty member's election to take a phased separation is irrevocable and the length of the phased separation cannot be extended.

9.2.2

For those Represented Faculty Members not eligible for phased separation as set forth above or who are seeking modification to the terms and conditions set forth above, a voluntary mid-career transition or redirection plan for a Represented Faculty Member may be negotiated by the Represented Faculty Member and the Provost, subject to the written agreement of the President. Either party may initiate these negotiations. Such a plan may modify provisions in this Agreement dealing with salary, benefits and workload. Such a plan is contingent upon sufficient notification so that the Represented Faculty Member's Department may obtain any necessary replacement.

9.2.3

Nothing in Article 9.2 is meant to exclude the involvement of the ECCAAUP in the discussions referenced in Article 9.2.1 and 9.2.2 when a Represented Faculty Member requests that the ECCAAUP be involved in such discussions.

9.2.4

For avoidance of doubt, phased separation is not applicable to Distinguished Term Faculty.

9.3 Termination

Termination is a separation action initiated by the College. The College may terminate the employment of a Represented Faculty Member with a Continuous Appointment (Tenured) before that individual's retirement, or the employment of a Probationary Appointment (Tenure Track) Represented Faculty Member, or of a Term Faculty Member, before the end of the tenure-track faculty member's Probationary Appointment or the Term Faculty Member's contract term for: 1) medical reasons; 2) discontinuance of an educational program; 3) financial exigency, each set forth below; or 4) just cause as set forth in Article 10.

9.3.1 Termination for Medical Reasons

(a) After a Represented Faculty Member has been on an approved short-term disability leave for nine consecutive months, the College will provide the Represented Faculty Member with information regarding the long-term disability benefits provided under this Agreement and contact information for a College employee who can assist the Represented Faculty Member with the long-term disability application process upon request. After a Represented Faculty Member has been on an approved short-term disability leave for twelve (12) consecutive months, the Provost may require the Represented Faculty Member to provide a certification from their health care provider stating the date on which the healthcare provider expects the Represented Faculty Member to be able to perform the essential functions of the job. In accordance with federal and state disability law, a Represented Faculty Member who does not return to work following the end of a medical leave, and who is able to work, may be terminated, subject to applicable law. A Represented Faculty Member on medical leave may be terminated based upon reasonable evidence that the Represented Faculty Member is not likely to be able to resume the Represented Faculty Member's duties due to physical or mental illness. The decision to terminate for such reasons shall be made only after the Represented Faculty Member has been informed in advance of the College's proposed action and shall have had an opportunity to respond within ten (10) business days.

9.3.2 Termination Resulting from Discontinuance of an Educational Program or Department

Termination of a tenured Represented Faculty Member or of a Represented Faculty Member employed on a Probationary Appointment (Tenure Track) or of a Term Faculty Member before the end of the specified term may occur as the result of the discontinuance of an educational program or Department or other Academic Unit. Any decision to discontinue an educational Program or Department or other Academic Unit shall be based essentially upon educational considerations and reflect the judgment of the Board of Trustees that the educational mission of the College will be furthered by the discontinuance.

Prior to the termination of any Represented Faculty Member under this Section, the College shall allow the ECCAAUP thirty (30) business days from the receipt of notice of discontinuance to recommend alternatives to the College. The College shall notify the ECCAAUP of the Trustees' decision prior to public announcement of said decision. A vote by the Board of Trustees to discontinue an educational program or Department or other Academic Unit is not subject to the grievance and arbitration provisions of this Agreement or any other contractual challenge.

Before the College terminates a Represented Faculty Member under this Section, the College shall make a reasonable effort to place the affected Represented Faculty Member in a similar position at the College for which the Represented Faculty Member is fully qualified at the same rank and salary.

A tenured Represented Faculty Member who is terminated under this Section shall be entitled to one (1) year's salary and benefits from date of notification for which service may or may not be required in return. For example, if the tenured Represented Faculty Member receives notice of termination on September 1 of a given year and no further service is required, their employment will cease on the day of notification and they will receive one (1) year's salary and benefits through August 31 of the following calendar year. If, on the other hand, the tenured Represented Faculty Member receives notice of termination on September 1 and is required to teach in the fall semester, then they will continue to work and be paid through that fall semester. Their employment will cease with the end of the fall semester and they will receive salary and benefits for the remainder of the one-year period through August 31 of the following calendar year.

All other non-tenured Represented Faculty Members who are notified of termination under this section shall be entitled to salary and benefits only until the end of the academic year in which the notice of termination occurs. For example, if a Term Faculty Member or a non-tenured but tenure-track Represented Faculty Member is notified of termination on January 1 of a given year, and if service is required for the spring semester, then they will work through the spring semester and receive no further payment after the conclusion of that semester. In that case, their employment will cease at the conclusion of the spring semester regardless of the remaining time on their appointment. If, on the other hand, no further service is required in that spring semester, their employment will cease on the day of notification and they will be paid through the end of that spring semester regardless of the remaining period left on their appointment.

If the termination notice comes at the end of the academic year, then no further compensation will be paid and the non-tenured Represented Faculty Member's employment will end at that point regardless of the remaining period left on his or her appointment.

9.3.3 Termination of Members due to Financial Exigency

Financial exigency occurs when the Board of Trustees declares that a bona fide financial crisis threatens the survival of the College as a whole. When declaring that financial exigency exists, the College shall provide to the ECCAAUP all financial information upon which the declaration is based. Prior to the termination of any Represented Faculty Member under this Section, the College shall allow the ECCAAUP thirty (30) business days from the receipt of the financial information upon which the declaration is based to examine the information, and to make recommendations to the College. Before the College terminates a Represented Faculty Member under this Section, the College shall make every effort to place the affected Represented Faculty Member in a similar position at the College at the same rank and salary. An effort shall be made to assist such Represented Faculty Member in every appropriate way possible, such as providing for early retirement or changing the status of the Represented Faculty Member from full-time to part-time if the Represented Faculty Member is agreeable to either agreement. A tenured Represented Faculty who is terminated under this Section shall be entitled to one (1) year's salary and benefits from the date of termination. All other Represented Faculty Members shall be entitled to salary and benefits until the end of the academic year.

9.4 Conflict of Interest Criteria

When program integrity, non-discrimination and seniority appear to be in conflict with the termination of a Represented Faculty Member, the College shall make the necessary reduction(s) based upon its best judgment.

9.5 Reappointment Priority for Faculty Terminated due to Financial Exigency

If a continuous appointment/tenured (CAT) Represented Faculty Member is terminated for reasons of financial exigency, the terminated Represented Faculty Member's position shall not be filled by a continuous/tenured (CAT) replacement with the same academic expertise for a period of three (3) years unless the terminated Represented Faculty Member has been offered reappointment with tenure at the rank and salary (plus any across-the-board increases) held at the time of the termination and has been given at least thirty (30) calendar days to accept or decline reappointment.

Article 10, Discipline and Discharge

10.1

The College may discipline a faculty member for just cause.

10.2 Progressive Discipline

The College and ECCAAUP agree that the primary purpose of discipline is to correct Represented Faculty Member misconduct where possible. Accordingly, in the event that a Represented Faculty Member has violated a published College policy or procedure, or for other just cause, the College may impose sanctions on that individual. In concert with this policy's corrective purpose, sanctions shall normally begin at the lowest level likely to bring the Represented Faculty Member into compliance with the College's expectations. Potential sanctions, in order of severity, include: 1) a written warning or reprimand; 2) loss of eligibility for course equivalencies, leaves or sabbaticals for a semester or a year; 3) withholding of scheduled promotions or pay raises for a semester or a year; 4) suspension, with or without pay, including suspension for a full term or a year; and 5) termination.

10.3 Application of Progressive Discipline

The College is not obligated to follow each of these sanctions in order. The severity of the offense and surrounding circumstances may justify skipping one or more steps of progressive discipline. Only in serious cases of misconduct (such as items 3-7 in 10.4 below) may the College suspend without pay or terminate the employment of a faculty member without a prior record of corrective discipline for the same offense.

10.4 Termination

The College may terminate a tenured Represented Faculty Member before retirement, or a tenure-track or Term Represented Faculty Member before the end of the term, for just cause. The cause shall be related to the fitness of the Represented Faculty Member to carry out the Represented Faculty Member's professional responsibilities as a teacher. Termination for just cause shall not be used to restrain Represented Faculty Members in their exercise of academic freedom.

Just cause for termination shall include: 1) incompetence; 2) failure to carry out academic responsibilities or other neglect of duty; 3) conviction of a felony or a plea of guilty or no contest to a felony charge; 4) misrepresentation or falsification of documents or credentials in securing employment, promotion or tenure; 5) plagiarism or falsification of research data; 6) material violation of a significant College policy or material impediment to compliance with law, regulation, or court/government order; or 7) other just cause.

10.5 Termination/Sanction Protection

The College affirms that, except for breaches of Section 17.7 (No Strike), no Represented Faculty Member shall be sanctioned or terminated for reasons stemming from official ECCAAUP, Faculty Assembly, School, Department or Institute activity.

10.6

All separated Represented Faculty Members, whether terminated for just cause or due to medical incapacity, program closures, or financial exigency, are eligible for medical and dental benefits as defined by the Consolidated Omnibus Budget Reconciliation Act (COBRA). See Section 16.3.5.

Article 11, Grievance Procedure and Arbitration

11.1 Definition of a Grievance

11.1.1

For purposes of this Agreement, a grievance is defined as an allegation that there has been a violation of an express provision(s) of this Agreement by either the College or the ECCAAUP, provided that the express provision(s) alleged violated is subject to this Article 11.

11.1.2

The College or the ECCAAUP may file a grievance. A Represented Faculty Member may not file a grievance; however, the ECCAAUP may file a grievance on behalf of a Represented Faculty Member.

11.1.3

The written grievance must contain the following or it will not be processed:

1. The facts upon which the grievance is based;
2. The express provision of this Agreement allegedly violated and explanation of how the facts state a violation of such provision; and
3. The remedy sought.

11.1.4

The ECCAAUP may not file a grievance against the College for an action engaged in solely by either a full-time Represented Faculty Member or by a part-time faculty member represented by the Affiliated Faculty of Emerson College, AAUP (AFEC).

11.2 Procedure

The College and the ECCAAUP may attempt to informally resolve a grievance consistent with the terms of this Agreement. If the College and the ECCAAUP are not successful in resolving the grievance informally, then the formal procedures set forth below will apply.

11.2.1 Step 1

ECCAAUP Grievance

A. The ECCAAUP must submit its grievance in writing by any of the following: (a) emailing the grievance; or (b) mailing the written grievance by certified mail, return receipt requested, to the College's Senior Associate Vice President of Human Resources (or equivalent position); or (c) an authorized ECCAAUP representative personally delivering the written grievance to the College's Senior Associate Vice President of Human Resources (or equivalent position) (and no one else) and contemporaneously receiving a written acknowledgment of said delivery from the College's Senior Associate Vice President of Human Resources (or equivalent position) (and no one else); in each case, on or before the thirtieth (30th ) calendar day after the action to be grieved first occurred, or on or before the thirtieth (30th) calendar day after the date the ECCAAUP became aware or should have become aware that the action to be grieved occurred or was discovered, but in no event more than 365 calendar days after the action to be grieved occurred. Upon request by the College, in the case of (a) above, ECCAAUP must provide to the College's Senior Associate Vice President of HR (or equivalent position) evidence of timely transmission of the grievance email; in the case of (b) above, the ECCAAUP must provide to the College's Senior Associate Vice President of Human Resources (or equivalent position) a copy of the completed USPS Receipt for Certified Mail to prove that the written grievance was timely mailed. Failure to submit a written grievance in a timely manner or to provide evidence of timely email transmission or a copy of the requested completed USPS Receipt for Certified Mail will render the grievance untimely, the grievance will be deemed denied and the grievance will not be processed.

B. On or before the seventh (7th) business day after the receipt of the ECCAAUP's written grievance by the College's Senior Associate Vice President of Human Resources (or equivalent position), the College's Senior Associate Vice President of Human Resources or a designee will meet with the ECCAAUP's President or a designee concerning the written grievance. On or before the fifth (5th) business day after said meeting, the College's Senior Associate Vice President of Human Resources or a designee will (a) email; or (b) mail a written answer to the grievance by certified mail, return receipt requested, to the ECCAAUP's President. The answer will be deemed to be the final resolution of the grievance unless arbitration is sought on or before the twentieth (20th) business day after said answer is emailed or mailed by the College.

College Grievance

A. The College must submit its grievance in writing by (a) emailing the grievance to the ECCAAUP's President ; or (b) mailing a written grievance by certified mail, return receipt requested, to the ECCAAUP's President; or (c) the College personally delivering the written grievance to one of the ECCAAUP's authorized representatives and contemporaneously receiving a written acknowledgment of said delivery from the authorized representative on or before the thirtieth 30th calendar day after the action to be grieved first occurred, or on or before the thirtieth (30th) calendar day after the date the College became aware or should have become aware that the action to be grieved occurred or was discovered, but in no event more than 365calendar days after the action to be grieved occurred. Upon request by the ECCAAUP, the College must provide to the ECCAAUP's President evidence of timely email transmission or a copy of the completed USPS Receipt for Certified Mail to prove that the written grievance was timely mailed. Failure to email the grievance, submit a written grievance in a timely manner or to provide evidence of timely email transmission or a copy of the requested completed USPS Receipt for Certified Mail will render the grievance untimely, the grievance will be deemed denied and the grievance will not be processed.

B. On or before the seventh (7th) business day after the receipt of the College's written grievance by the ECCAAUP's President or authorized representative, the ECCAAUP's President or a designee will meet with the College's Senior Associate Vice President of Human Resources or a designee concerning the written grievance. On or before the fifth (5th) business day after said meeting, the ECCAAUP's President or designee will (a) email the answer; or (b) mail a written answer to the grievance by certified mail, return receipt requested, to the College's Senior Associate Vice President of Human Resources (or equivalent position). The answer will be deemed to be the final resolution of the grievance unless arbitration is sought on or before the twentieth (20th) business day after said answer is mailed by the ECCAAUP.

11.2.2 Step 2

If the grievance is appealed from Step 1 to the Labor Relations Connection on or before the twentieth (20th) day after said answer is sent, the appealing party must email, or mail, by certified mail, return receipt requested, a copy of the Demand for Arbitration to the other party. Upon request by the other party, the appealing party must provide a copy of evidence of timely email transmission of the Demand for Arbitration. The parties may agree not to use the services of the Labor Relations Connection and select a mutually acceptable arbitrator to resolve the grievance within the appeal period but this process will not extend the appeal period.

11.3 Arbitration

11.3.1

Multiple or related grievances will not be resolved in the same arbitration proceeding unless mutually agreed to by the College and the ECCAAUP in writing.

11.3.2

Each party will pay any compensation and expenses (including time off from work) relating to its own witnesses and/or representatives.

11.3.3

The fee of the arbitrator and other administrative expenses of the arbitration, including room rental, if applicable, shall be shared equally by the parties.

11.3.4

Either party may request that a stenographic record of the hearing be made and that party may provide a copy of the record to the arbitrator. The party requesting such a record will pay the cost; however, if the other party also requests a copy, the stenographic costs will be shared equally. If the College and the ECCAAUP mutually request that a stenographic record of the hearing be made, the costs shall be shared equally and they will mutually decide which stenographic firm to hire.

11.3.5

In arriving at any decision under the provisions of this Article, the arbitrator shall not have the authority to alter this Agreement in whole or in part or to add to or delete any of its provisions or to render any award in conflict with its provisions. The award shall be based solely on the evidence presented to the arbitrator in the presence of both parties. The arbitrator may decide only whether the College/ECCAAUP violated this Agreement as alleged in the grievance and the appropriate remedy under this Agreement, if any. The arbitrator shall have no power to award continuous appointment or tenure.

11.3.6

The arbitrator's decision shall be final and binding on the ECCAAUP, the College and the individuals affected thereby.

11.4 General Provisions

11.4.1

A grievance relating to a violation of the No-Strike/No-Lockout provisions of this Agreement will be processed as provided for at Article 17.7 of this Agreement.

11.4.2

The time limits designated in this Article 11 for processing grievances and for bringing a matter to arbitration may be extended only by mutual written consent between the parties and cannot be extended by an arbitrator. In the absence of such written consent, failure to comply with any time limitation will render the grievance untimely, the grievance will be deemed denied and the grievance will not be processed unless specific language in this Article provides otherwise.

11.4.3

ECCAAUP representatives authorized to deliver a grievance or to receive a grievance from the College will be identified by the ECCAAUP in writing to the College each year by September 30th by email, and will be updated by the ECCAAUP if changes are made during an Academic Year.

11.4.4

The College and the ECCAAUP jointly acknowledge the right of any Represented Faculty Member to discuss individual problems, not involving pending grievances, directly with a Department Chair, Dean or Provost or a designee to work out the settlement of such problems so long as such settlements are not inconsistent with the terms of this Agreement.

Article 12, Personnel Files

12.1

A Represented Faculty Member's personnel file contains relevant information regarding employment status excluding confidential materials collected as part of the tenure/promotion review process. These files are housed in the Office of Academic Affairs and are part of the business records of the College. For purposes of this Article 12, a personnel file shall include the Represented Faculty Member's CV, any disciplinary action issued to the Represented Faculty Member, and any performance improvement plan given to the Represented Faculty Member. A Represented Faculty Member shall have the right to comment in writing on any materials in their personnel file which the Represented Faculty Member believes to be inaccurate or incomplete, and such comment shall become a part of the Represented Faculty Member's personnel file for so long as the document to which the comment pertains is maintained in the personnel file.

12.2

Each personnel file is available only to the named Represented Faculty Member to whom it relates and the appropriate officers of the Administration for relevant and pertinent reasons. If there is a compelling legal reason to disclose information in the Represented Faculty Member's file, the Provost shall notify the Represented Faculty Member of the requirement within five business days of the receipt of notice of said requirement.

12.3

Upon receipt of written notice from the Provost or a designee, Represented Faculty Members are required to submit an up-to-date CV, including address and telephone number, to the Provost or a designee within 30 calendar days. The vitae shall be placed in the Represented Faculty Member's personnel file.

12.4

Each Represented Faculty Member may inspect the Represented Faculty Member's own personnel file during the College's normal business hours at the office of the Provost or appoint an ECCAAUP representative to do so. The Represented Faculty Member or appointed ECCAAUP representative may not remove any materials from these files but may obtain copies of any or all of the material contained in the Represented Faculty Member's personnel file. Upon request, the Provost authorizes the copying of all documents requested and forwards them to the Represented Faculty Member or appointed ECCAAUP representative in a timely fashion. A Represented Faculty Member may reply in writing to any correspondence or documents placed in the Represented Faculty Member's files as long as the correspondence or documents to which the response relates are similarly retained in the files. In the event a Represented Faculty Member requests of the Provost in writing that any item or items be deleted from the personnel file, and if the College agrees to such deletion, such item or items will be deleted.

12.5

Other files or records pertaining to Represented Faculty Members, such as files maintained by a Dean, a Chair or the Chief Human Resources Officer, are available to the Represented Faculty Member to whom they relate in accordance with the terms outlined above.

12.6

An employee may designate in writing their Union representative to review such personnel records and obtain a copy of such records.

Article 13, Faculty Workload, Scheduling, and Course Assignment

13.1 Represented Faculty Member Responsibilities in Addition to Teaching

The responsibilities of tenure line Represented Faculty Members in addition to teaching are College service, and research/publication and/or creative/professional accomplishments. Tenure line Represented Faculty Members have professional obligations including academic counseling and advising; service on academic committees; keeping regular posted office hours that are scheduled at times most beneficial to students; attending major student functions such as family weekend and orientation; cooperating with the admissions office; and participation in ceremonial academic functions such as institutes, convocations and commencement. In addition to teaching, each tenure line Represented Faculty Member shall diligently pursue the foregoing responsibilities.

The responsibilities of Term Faculty Represented Faculty Members are teaching and service. Term Faculty Represented Faculty Members have professional obligations including academic counseling and advising; service on academic committees; keeping regular posted office hours that are scheduled at times most beneficial to students; attending major student functions such as family weekend and orientation; cooperating with the admissions office; and participation in ceremonial academic functions such as institutes, convocations and commencement. In addition to teaching, each Term Faculty Represented Faculty Member shall diligently pursue the foregoing responsibilities. Additional Term Faculty Represented Faculty Members' duties may be set forth in their appointment letters.

As part of their College service responsibilities, all Represented Faculty Members will be required to undergo periodic training on legal issues at reasonable times as deemed appropriate by the College. Except as otherwise required by law, this training will be held during the academic year. This training will include, but shall not be limited to, training on sexual harassment, gender discrimination and any other training required for the College to comply with Title IX and with state or federal law. The College may also require participation in scheduled biannual faculty development activities on topics relating to its diversity, equity, and inclusion efforts, the coordination of the curriculum, improving campus climate, or related matters. The College will consult with the ECCAAUP regarding these additional trainings.

13.2 Workload

13.2.1

For tenure line Represented Faculty, the normal teaching load at the College shall be 20 credits per Academic Year. The normal total workload for tenure line Represented Faculty at the College shall be the normal teaching load plus the equivalent of four (4) additional credits per Academic Year. A Represented Faculty Member shall satisfy the difference between the teaching load and the total workload by performing the equivalent of four (4) additional credits as defined in the Handbook. Represented Faculty Members are not eligible for additional compensation for performing these four (4) credits of equivalent work.

13.2.2

For Term Represented Faculty, the normal teaching load at the College shall be 24 credits per Academic Year. It is provided, however, that a Term Faculty Member may receive a one or two course (4-8 credit) equivalency toward their teaching load when approved by the Dean or Provost for a significant administrative role (such as program director or associate department chair) beyond normal service obligations.

The College and the ECCAAUP acknowledge that there is in place a Special Leave, known as the Presidential Leave, which may be granted only by the President of the College. This leave is in place to allow a faculty member, who may be a tenure-line or term faculty member, to accept an "exigent and extraordinary opportunity for advancement and achievement." It may be granted "for up to one year on a paid or unpaid basis." The President's decisions on whether to grant such leaves and all terms and conditions of the Presidential Leave, including, without limitation, the extent to which it may be paid, are within the President's sole discretion and are not grievable.

While the Presidential Leave is primarily designed for leaves of absence, in some special cases, the President may grant a course equivalency to a Term Faculty member for the purpose of allowing that faculty member to accept a time-sensitive and distinctive opportunity for academic, artistic or professional advancement and achievement that will enrich the faculty member's teaching and benefit the College. The President's decisions on whether to grant such course equivalencies are within the President's sole discretion and are not grievable.

The Faculty Handbook details other leaves available for Term faculty members, as well as Tenure-line faculty members. The Academic Affairs section of the Emerson College website displays the process and deadlines.

13.3 Outside Employment and/or Business Interests

13.3.1

Duty to the College. By accepting a full-time appointment to the College, an individual commits to the College that they will be full-time in the most inclusive sense, will give the College their primary professional commitment and will arrange outside obligations, financial interests, and activities so as not to conflict or interfere with this commitment to the College.

Represented Faculty Members shall devote their full time during the Academic Year to performing their duties and responsibilities to the College in a manner that utilizes their best efforts, experience, professional judgment, and abilities.

The involvement of Represented Faculty Members in activities outside the College may enhance the professional development of the Represented Faculty Member, may serve the public interest, and may benefit the reputation and stature of the College. However, a Represented Faculty Member has the obligation to promptly disclose applicable outside activities (no later than seven days from becoming aware of the opportunity to engage in the outside activity), and obtain appropriate approval before undertaking them, when those activities may conflict or interfere with this commitment to the College.

13.3.2 Conflicts of Commitment.

Represented Faculty Members may not hold full-time or part­-time teaching positions outside the College during the Academic Year except pursuant to a Professional or Special leave approved in advance. This does not preclude any Member from accepting speaking engagements at academic or other institutions as long as these do not interfere with their primary duties and responsibilities. Represented Faculty Members may not have conflicts of interest or conflicts of commitment. A conflict of commitment arises when a Represented Faculty Member's involvement in outside activities substantially interferes with their teaching, research or service activities for the College. Such interference can include, but is not limited to, performance of outside activities (a) during a Represented Faculty Member's scheduled responsibilities for the College or (b) other than during work hours to an extent that renders an individual incapable of satisfactorily performing his or her responsibilities to the College. At the beginning of each Academic Year, Represented Faculty Members will acknowledge on a form provided by the Provost their commitment to comply with Article 13.3.1 and refrain from engaging in any activity that constitutes a conflict of commitment.

Disclosure and Approval. If a Represented Faculty Member engages in or proposes to engage in any activity that involves a conflict of interest or conflict of commitment, the activity and the conflict(s) must be promptly disclosed in writing to the Dean (no later than seven days from becoming aware of the opportunity to engage in the outside activity) before the individual engages in or continues the activities which produce the conflict and obtain the Dean's approval. The Represented Faculty Member may appeal the decision of the Dean to the Chief Academic Officer. The decision of the Chief Academic Officer is final and is not subject to the grievance and arbitration provisions of this Agreement or other legal challenge.

13.4 ECCAAUP Release Time

The College agrees to grant release time of a maximum of one (1) course to the Represented Faculty Member who serves as chief negotiator for the ECCAAUP during the actual period of negotiations and one (1) course per year for ECCAAUP business to an individual designated by the ECCAAUP.

13.5 Academic Year

The term "Academic Year" as used in this Agreement shall consist of two terms referred to as the "Fall Term" and the "Spring Term." Each Term shall consist of 42 MWF class days, 28 class days for classes meeting twice a week, and for classes meeting once a week, 14 class days, including any needed faculty-led make-up class days to meet the 15-week minimum required by federal financial aid rules.

While subject to revision because of weather or other emergencies, normally the Fall Term shall begin shortly before or after Labor Day and shall conclude no later than the day prior to Christmas Day. The holidays recognized during this term are Columbus Day, Veterans Day, Thanksgiving Day and the day before and the day after Thanksgiving Day. While subject to revision because of weather or other emergencies, normally the Spring Term shall begin shortly before or after January 10 and shall conclude with commencement. The holidays recognized during this Term are Martin Luther King, Jr. Day, Presidents Day, Patriots Day and a one (1) week vacation period between the seventh and eighth weeks of instruction.

The foregoing definition of each Term is inclusive of any exam days.

In the event that any revisions to the academic calendar made in the negotiations of this Agreement and are incorporated herein are deemed to be inconsistent with any legal obligations of the College to other faculty unions, the College and the ECCAAUP agree to revert to prior language until such time as the relevant parties can agree upon such revisions.

13.6 Directed Studies or Directed Project

Faculty who agree to take on a Directed Study or Directed Project with fully matriculated and tuition-paying undergraduate and graduate students will be paid $1,000 per student for supervising the directed study or directed project.

Directed studies or directed projects are defined as a one-off, voluntary, student-proposed semester-long course individually designed with a faculty member.

1. Faculty would be limited to one directed study or one directed project per semester.
2. Directed Studies or Directed Projects need to be approved by the Department Chair and by AVP of Academic Affairs.
3. The number of Directed Studies or Directed Projects per semester is limited by department to 1% of the majors in that department or the Marlboro Institute, or one student, whichever is greater. If the Dean or the Provost request that the faculty member offer the directed study or directed project, then the requested directed study or directed project will not count toward the departmental or Institute limit.
4. The existing policy against having a Directed Study or Directed Project duplicate an existing class would be strictly enforced.
5. Faculty would be paid $1,000 per student for supervising a directed study or directed project.

Article 14, Leaves

To the fullest extent permitted by law, vacation, sick, and any other paid time off, and leaves provided under this Agreement or under applicable law shall run concurrently. When Represented Faculty Members take a leave of absence under the Massachusetts Paid Family and Medical Leave Act, they must apply for the leave through the third party administering this leave for the College. Information about this process is posted on the College's Human Resources Department web page.

It is understood that the College does not itself operate all the insurance programs referred to in Article 14 and Article 16 but maintains policies or contracts with insurance companies which will administer said programs. The benefits and eligibility requirements under these programs, briefly described in Articles 14 and 16, shall be fully provided in the applicable insurance policies and contracts. The benefits under such programs shall be subject to such conditions and limitations as are set forth in the policies or contract of insurance. Any dispute concerning eligibility for or payment of benefits under such policies or contracts shall be settled in accordance with the terms thereof and shall not be subject to arbitration hereunder.

The Faculty Handbook Leaves of Absence provisions will continue to govern leaves for Represented Faculty Members.

14.1 Short-Term Disability (including medical disability on account of childbirth) Leave

14.1.1 Eligibility and Procedures

A Represented Faculty Member is eligible for a short-term disability leave for physical and mental conditions that make the Represented Faculty Member unable to perform the essential functions of the Represented Faculty Member's position for more than seven (7) days. Such Represented Faculty Members will be eligible for leave, which normally will be granted on a semester by semester basis. A Represented Faculty Member must notify the Provost in writing of their need for a short-term disability leave. The Provost may direct the Represented Faculty Member to apply for the leave in accordance with applicable human resources policy and procedure, which the Provost will identify for the Represented Faculty Member. After a Represented Faculty Member has been on an approved short-term disability leave for twelve (12) consecutive months, the Provost may require the Represented Faculty Member to provide a certification from their health care provider stating the date on which the healthcare provider expects the Represented Faculty Member to be able to perform the essential functions of the job. Short-term disability pay and benefit continuation ends after twelve (12) continuous months of leave.

14.1.2 Compensation and Benefits

Represented Faculty Members eligible for Short-Term Disability Leave will be paid at 100 % of their regular rate of compensation for up to twelve (12) consecutive months of disability inclusive of the first two weeks of disability. To the extent permitted by the applicable benefit plan, the College will continue all benefits provided the Represented Faculty Member continues to pay his or her share of those benefits (the College's contributions to the retirement plan will be based on the salary paid to the Represented Faculty Member during the leave). During the Short-Term Disability Leave, the College may require the Represented Faculty Member to submit periodic reports of his or her medical condition and intent to return to work. Upon expiration of Short-Term Disability Leave, the Represented Faculty Member must furnish the Human Resources Leave Administrator with a health care provider's statement indicating whether the Represented Faculty Member is medically able to return to work. Short-Term Disability Leave will count toward the Represented Faculty Member's Massachusetts Paid Family and Medical Leave Act and the federal Family Medical Leave Act leave entitlement.

14.1.3 Length of Time

Short-Term Disability Leaves shall not be longer than twelve (12) months. Nothing in this section is intended to diminish any rights under the FMLA.

14.1.4 Continuous Service

Short-Term Disability Leaves shall not cause the Represented Faculty Member's status to be impaired upon the Represented Faculty Member's return. To avoid disruption to students, the Provost may assign replacement teachers to cover the Represented Faculty Member's teaching and advising duties while he or she is on Short-Term Disability Leave and for the remainder of that Academic Term. If the Provost does so, the Provost may assign the Represented Faculty Member, upon his or her return from Short-Term Disability Leave, to appropriate alternative full-time academic duties for the remainder of that Academic Term. Time granted for Short-Term Disability Leave shall be considered continuous service. Represented Faculty Members who take a Short-Term Disability Leave shall, upon returning to full-time work, receive the salary appropriate to the rank held at the commencement of the Short-Term Disability Leave, plus any across-the-board increases and base salary adjustments and increments granted to that faculty rank during the time on Short-Term Disability Leave.

14.2. (previously 16.5) Long-Term Disability Insurance

The College shall provide eligible Represented Faculty Members who have been full-time employees of the College for a minimum of twelve (12) months with coverage under the College's long-term disability plan. The College shall pay one hundred percent (100%) of the premium cost of the coverage. NRF faculty are ineligible for disability benefits.

14.2.1 (previously 16.5.1) Basic Coverage Provisions

After three hundred and sixty-five (365) days of disability, the Represented Faculty Member shall be entitled to payment as specified in the plan, that is, sixty percent (60%) of the Represented Faculty Member's pre-disability base salary with a maximum monthly benefit of at least $7500 less any benefits paid by Social Security, workers' compensation, or any other group disability coverage. Represented Faculty Members shall be covered to the age of sixty-five (65), unless a Represented Faculty Member becomes eligible for long -term disability payments within less than a year of the Represented Faculty Member's sixty-fifth (65th) birthday, or thereafter, in which case long-term disability payments shall continue for twelve (12) months. While a Represented Faculty Member is receiving disability payments, the College shall continue to contribute to the cost of the Represented Faculty Member's health plan pursuant to Sections 16.3.1 and 16.3.2.

14.2.2 (previously 16.5.2)

After a Represented Faculty Member has been on an approved short-term disability leave for twelve (12) consecutive months, the Provost may require the Represented Faculty Member to provide a certification from their health care provider stating the date on which the healthcare provider expects the Represented Faculty Member to be able to perform the essential functions of the job.

14.3. (previously 14.2) College Parental Leave and Statutory Parental Leave

14.3.1 (previously 14.2.1) Eligibility Statutory Parental Leave

A Represented Faculty Member who has been employed by the College for three months or more is eligible for a Statutory Parental Leave, which means the Represented Faculty Member is eligible for leave under the terms and conditions set forth by Massachusetts law, M.G.L. c 149 sec. 105D or any successor/replacement legislation. No other terms of a College Parental Leave apply to Represented Faculty Members who have been employed by the College for less than one full calendar year.

14.3.2 (previously 14.2.2) Eligibility College Parental Leave

To receive a College Parental Leave, which is paid in part, a Represented Faculty Member must have been employed by the College for at least one full calendar year. To receive a College Parental Leave, the Represented Faculty Member must be a parent of a child no older than one year, except in the case of adoption, in which case the leave is available for the placement of a child under the age of 18 or under the age of 23 if the child is mentally or physically disabled, for adoption with the Represented Faculty Member who is adopting, or to a Represented Faculty Member who has initiated the process of adoption. Only one parent or partner is eligible for College Parental Leave under this section with respect to a particular child if the College employs both, and a partner or parent who is not a Represented Faculty Member is entitled only to the parental leave benefit, if any, available to that employee's classification.

14.3.3 (previously 14.2.3) Length of Time

College Parental Leaves shall last no longer than two consecutive Terms. A Represented Faculty Member may take a College Parental Leave for a portion of a Term, and work full-time for the balance of a Term, so long as the Represented Faculty member works at least one-half of their consecutive scheduled teaching days in a Term. If a Represented Faculty Member wishes to take a College Parental Leave for more than half of their consecutive scheduled teaching days, then they must take leave for the entire Term, unless the Provost approves less than a full Term leave pursuant to Section 14.2.5. If a Represented Faculty Member is also eligible for leave under the Family Medical Leave Act ("FMLA") or for Statutory Parental Leave, the Parental Leave will run concurrently with the FMLA, and/or Statutory Parental Leave.

14.3.4 (previously 14.2.4) Notice to College

Where possible, the Represented Faculty Member should request a College Parental Leave at least thirty (30) days prior to the commencement of the Term in which the Represented Faculty Member's child is due to be born or adopted/placed in the home. The College will make reasonable accommodation to this notice provision in the case of unanticipated events. This request shall be made to the Dean with a copy to the Human Resources Leave Administrator, who shall make a recommendation in writing to the Provost.

14.3.5 (previously 14.2.5) Application for Leave of Non-Standard Duration

If the Represented Faculty Member wishes to take a College Parental Leave for more than half of their consecutive scheduled teaching days, but less than the entire Term for which the Member is requesting a College Parental Leave, then the Represented Faculty Member must apply to the Provost. The Provost shall consider whether (i) the Represented Faculty Member's leave for a portion of the Term will disrupt the mission of the Department, the School, or the College and (ii) whether the Represented Faculty Member's duties can be covered during the period of College Parental Leave. The final decision on any such request rests with the Provost, who shall send the decision in writing to the Represented Faculty Member. As used in this Section 14.2.5, "duties" include teaching and those duties described in Section 13.1.

14.3.6 (previously 14.2.6) Option of Stopping the Tenure Clock During Statutory or College Parental Leave.

1. Probationary Faculty. For a Represented Faculty Member on a probationary contract who goes on Statutory or College Parental Leave of any duration during the probationary period, the year in which Parental Leave is taken shall normally not be counted toward the tenure clock.

The Represented Faculty Member may stop the tenure clock for a single period of one year for each instance of childbirth or adoption. In such cases, the Represented Faculty Member, the Chair and the Provost shall confirm in writing that the clock is stopped.

A faculty member on Parental Leave may not engage in any teaching or service activities during the leave. However, the faculty member is free, but not expected, to work on any research, creative or scholarship activities if they choose to do so. Any such research, creative or scholarship work will be considered in any future tenure or promotion review.

However, a Represented Faculty Member who takes a Statutory or College Parental Leave may elect in writing not to stop the tenure clock, and the Chair and Provost shall confirm in writing that the tenure clock has not been stopped.

2. Time spent on College Parental Leave shall not be counted in the time accrued for a Sabbatical Leave.

14.3.7 (previously 14.2.7) Compensation and Benefits

a. Represented Faculty Members will be paid at a rate of sixty (60) percent of their regular rate of pay, including any increases as set out in Article 15, for the period of their College Parental Leave, up to one Academic Term. If the Represented Faculty Member elects College Parental Leave for a full Academic Year, the second Academic Term is unpaid. To the extent permitted by the applicable benefit plan, the College will continue all benefits provided the Represented Faculty Member continues to pay their share of those benefits. To the extent permitted by the retirement plan, the College's contribution to a Represented Faculty Member's retirement plan during College Parental Leave will be based on the Represented Faculty Member's actual paid salary during that College Parental Leave.

b. Represented Faculty Members who take a College Parental Leave shall, upon returning to active faculty status, receive the salary appropriate to the rank held at the beginning of the College Parental Leave, plus any across-the-board increases and other base salary adjustments and increments granted to that faculty rank during the time of the College Parental Leave.

14.3.8 (previously 14.2.8) Short-Term Disability

College Parental Leave is provided to Represented Faculty Members and will run concurrent with any other eligible leave. Nothing in this Article 14.2 is intended to prevent a Represented Faculty Member who has a pregnancy-related medical disability who is otherwise eligible for Short-Term Disability benefits from receiving Short-Term Disability benefits.

14.4 (previously 14.3) Jury Duty

If a Represented Faculty Member is selected for jury duty, the College shall pay the difference between the amount received for jury duty and the Represented Faculty Member's base salary, as well as all benefits. Represented Faculty Members shall notify the Chair as soon as possible if they have been summoned to jury duty. The College will adjust a Represented Faculty Member's tenure clock upon request if the Represented Faculty Member's jury service exceeds 30 business days.

Article 15, Salaries

15.1 Salary Increases

15.1.1 Tenured/tenure track faculty.

Effective September 1, 2023, the College agrees to adopt the salary grid concept for tenured/tenure track faculty outlined in Appendix B to this Agreement. The College and the ECCAAUP acknowledge the Academic Year 2023-2024 COLA adjustment has been factored into and included in the grid. In a year when the COLA calculation set forth in Section 15.2.1 results in 2.5% or more, the minimum salaries will increase at the rate of two percent (2%) as set forth in the grid at Appendix B. In a year when the COLA calculation set forth in Section 15.2.1 results in less than two and one-half percent (2.5%), the minimum salaries will be increased by that result less one-half percent (0.5%), modifying the salaries set forth in the grid at Appendix B. Tenured/tenure track faculty with new appointments will have the appropriate salary associated with year 0 of the rank on the grid and not the COLA. Tenured/tenure track faculty being promoted to new ranks will have the greater of (a) the pay for year 0 of the new rank and not the COLA; or (b) the sum of the faculty member's salary in the year prior to the promotion and the promotion increase set forth below, with the COLA applied to that sum.

• Promotion from Assistant Professor to Associate Professor: $1,750
• Promotion from Associate Professor to Professor: $2,250

Effective September 1, 2023, the College agrees to adjust upward the year-1 base salary for faculty hired before August 24, 2023 in the following ways:

• Assistant Professors base salary would be adjusted by $1,350.
• Associate Professors base salary would be adjusted by $1,200.
• Full Professors base salary would be adjusted by $1,000.
• Non-returning base salary faculty would be adjusted by $1,600.
• Term faculty base salary would be adjusted by $1,700.
• Senior Term faculty base salary would be adjusted by $1,800.
• Senior Term II faculty base salary would be adjusted by $1,900.

15.1.2 Term faculty appointment sequence.

The following will be the appointment sequence for Term Faculty. For avoidance of doubt, nothing in this Article applies to Distinguished Term Faculty, except as otherwise noted in 15.8.

(The above sequence will continue for those with more than 12 years of service)

15.1.3 Senior Term Faculty II and Five-Year Appointments:

The rank of Senior Term Faculty II is available after 10 completed years of service at the College. This promotional rank carries a five-year appointment instead of three. This is not an automatic promotion and would be initiated by the Term Faculty Member and subject to review.

The first opportunity for a Term Faculty Member to be reviewed for the promotional rank of Senior Term Faculty II would be in appointment year 11, which is the penultimate year, with a potential five-year appointment beginning in year 12. If the Term Faculty Member does not receive the five-year appointment, then the Term Faculty Member may be offered a new three or one-year appointment beginning in year 13. The next opportunity for that Term Faculty Member to go up for a five-year appointment would be in the penultimate year of the Term Faculty Member's next three-year contract.

The College would retain the same rights as noted above to offer less than the full five-year appointment where performance has not been sufficiently satisfactory.

15.1.4 Term faculty compensation grid

For compensation for Term Faculty, the parties agree on the one-time utilization of the following salary grid that would be separate and apart from the grid utilized for tenured/tenure-track faculty. The College and the ECCAAUP acknowledge the Academic Year 2023-2024 COLA adjustment has been factored into and included in the grid. In a year when the COLA calculation set forth in Section 15.2.1 results in 2.5% or more, the minimum salaries will increase at the rate of two percent (2%) as set forth in the grid at Appendix B. In a year when the COLA calculation set forth in Section 15.2.1 results in less than two and one-half percent (2.5%), the minimum salaries will be increased by that result less one-half percent (0.5%), modifying the salaries set forth in the grid at Appendix B.

Term faculty being promoted to new ranks will have the greater of (a) the pay for year 0 of the new rank and not the COLA; or (b) the sum of the faculty member's salary in the year prior to the promotion and the promotion increase set forth below, with the COLA applied to that sum.

• Promotion from Term Faculty to Senior Term Faculty: $1,250
• Promotion from Senior Term Faculty to Senior Term II Faculty: $1,750

15.2 COLA

15.2.1

Each September during the term of this Agreement, the College shall increase the base salaries of all eligible returning Represented Faculty Members by the greater of (a) two percent (2 %) or (b) the percentage change in the Boston CPI-U between May of the current calendar year and May of the previous calendar year, but in any event no more than five percent (5%).

15.2.2 COLA distribution

COLA will be distributed on both a percentage and dollar basis as follows (all Represented Faculty COLA amounts derive from a combined pool):

1. In addition to any upward adjustments in salary as a consequence of the placement of either of the two salary grids, Represented Faculty with the exception of new hires and faculty being promoted to new ranks would receive the normal COLA adjustment for FY 24.
2. For the remaining fiscal years covered by this Agreement, following placement on the two separate salary grids for tenured/tenure-track faculty and for Term faculty, the COLA will be applied each fiscal year covered by this Agreement as follows:
   1. The parties agree that one half of the COLA increase will be applied on a percentage basis to the base salaries of all bargaining unit faculty members who were employed as of March 15 of the preceding year and who are still employed when the COLA increase is applied. The balance of the COLA funds will be applied by distributing such money in equal dollar amounts into the base salary of all Represented Faculty Members who were employed on March 15 of the preceding year and who are still employed when the COLA increase is applied.
   2. For example, if the COLA were 3%, then 1.5% would be applied to all salaries of Represented Faculty Members who were employed on March 15 of the preceding year and who are still employed when the COLA increase is applied. Then the remaining 1.5% would be distributed in equal dollar amounts to all Represented Faculty Members who were employed on March 15 of the preceding year and who are still employed when the COLA increase is applied.

15.3 Additional Payments

Salaries paid under Section 15.1 do not include any payment for summer session teaching, overload teaching, and other administrative or other assignments on the main campus or elsewhere, all of which shall be individually agreed to in writing by the Represented Faculty Member and the Provost for Academic Affairs.

15.3.1 Commitment To Sidebar Discussions Relating To Issues Of Workload

Without calling into question the 3-3 courseload presently outlined in the Collective Bargaining Agreement, the College and ECCAAUP agree to hold discussions regarding financial and other recognition agreements relating to overload teaching, course buyouts, theses advising, program supervision, workload flexibility and development of new programs. The Parties will endeavor to reach an agreement on these issues during the 2023-2024 Academic Year.

15.3.2 Commitment To Sidebar Discussions On Online Programs

The College and ECCAAUP agree to hold discussions regarding future treatment of, and compensation for, online courses both in operation and in development. The Parties will endeavor to reach an agreement on these issues during the 2023-2024 Academic Year.

15.4 One time use of the grids.

After everyone has been "placed" on either the tenured/tenure-track grid or on the Term Faculty grid for purposes of such one-time adjustments to salary, the tenure-line grid will be used only to place new tenure-line faculty with advanced status or new faculty hired with tenure, based on years in rank. The entry term threshold will be used to place new faculty, subject to the Provost's reserved right in 15.5 below. The parties wish to be clear that they have not established a permanent step system for any Represented Faculty.

15.5

Nothing in this Agreement shall preclude the College from providing salary increases to new or current members of the bargaining unit in excess of the amounts specified in this Article at any time, provided that such increases are for the purpose of (a) countering, matching or exceeding written bona fide offers from other institutions; (b) matching or exceeding a prospective faculty member's current salary at another institution; or (c) matching or exceeding the salary the College reasonably anticipates another institution may offer a current or prospective faculty member. Notwithstanding the foregoing, the Provost may continue the current practice of exceeding the threshold for newly hired Term Faculty. The ECCAAUP will receive notice in a reasonable time of any such increases to new or current members of the bargaining unit under this section. College and ECCAAUP will ensure and enable a periodic, statistical examination of salaries to detect and correct gender, racial, or other patterns of possible emergent bias.

15.6

The parties agree that the term of this Agreement will cover FY 24, 25, 26, 27, and 28. This Agreement will terminate on June 30, 2028. In FY25, Represented Faculty will receive a one-time payment of $2,000.00. This $2,000 payment is funded by the pro rata distribution of $422,000 and a portion of the $100,000 pool from the College that is allocated for one-time payments to be distributed at the ECCAAUP's discretion during FY25 and FY26.

In FY26, Represented Faculty will receive a one-time payment equivalent to a pro rata distribution of the sum of $328,000 and the funds remaining in the $100,000 pool referenced above after the FY25 payments are made. For the sake of illustration, based on current faculty numbers, this would be approximately $1696, but the actual number will depend on future Represented Faculty membership.

15.7

Non-Renewable Term Faculty will be hired with a minimum salary threshold of $67,347. and are not placed on the grid.

15.8

Distinguished Term Faculty will not be placed on either grid. However, they will receive the same COLA increases as provided to all Represented Faculty, and base salary increases at the discretion of the Provost.

Article 16, Benefits

16.1

Employment as a full-time College faculty member, regardless of changes of type of appointment, title or rank, shall count as creditable service for eligibility in Emerson's retirement and other insurance plans beginning with date of hire for all full-time term, tenured and tenure-track faculty.

16.1.1

Once deemed eligible, continuing full-time term, tenured and tenure-track faculty members will remain eligible for such benefits, notwithstanding changes in type of appointment, title or rank within the bargaining unit.

16.1.2

NRF faculty have the same eligibility as term, tenured and tenure-track faculty related to the retirement plan, medical, dental coverage and transit benefits/parking. NRF faculty are not eligible for short-term or long-term disability or tuition benefits. If an NRF faculty member is converted to term, tenured or tenure-track faculty, all prior service while an NRF faculty member will be counted toward future eligibility for short-term disability, long-term disability and tuition remission benefits for the faculty member, the faculty member's spouse and for dependent children.

16.2 Retirement Plans

The College shall offer Represented Faculty Members retirement plans through reputable and vetted provider(s). The College will make changes to the offerings in a manner consistent with its fiduciary duties, with attention to fund performance and customer service. The College will include representatives appointed by the ECCAAUP in the College's 403(b) Savings and Investment Committee or any successor committee, should the name of the group be changed. The 403(b) plan document(s) sets all terms and conditions of the retirement plan offered to Represented Faculty Members. This Section 16.2 represents only a summary of the retirement plan. Details on plan specifics, eligibility definitions, and other requirements for such benefits are available through the Office of Human Resources and in plan documents. If any terms of this Agreement conflict with the terms of the 403(b) plan document(s), the 403(b) plan document(s) governs.

16.2.1 Contributions by the College

Represented Faculty Members who became participants on or before December 31, 1995 shall receive a retirement plan contribution from the College of twelve percent (12%) of the Represented Faculty Member's annual base salary (excluding stipends). Represented Faculty Members who became or who become participants after December 31, 1995 shall receive a retirement plan contribution from the College of nine percent (9%) of the Represented Faculty Member's annual base salary (excluding stipends).

16.2.2 Contributions by Represented Faculty Members

To participate in a College retirement plan, a Represented Faculty Member must contribute three percent (3%) of the Represented Faculty Member's annual base salary (excluding stipends) to the retirement plan, as well as meet all other conditions established by the plan provider.

16.2.3 Eligibility

Represented tenured/tenure-track Faculty Members who have been full-time employees of the College for twelve (12) months and who are at least twenty-six (26) years of age are required to participate in a retirement plan. This requirement shall also apply to Term Faculty Members hired on or after January 1, 2018. This eligibility provision is not retroactive for Term Faculty Members hired prior to January 1, 2018. Represented Faculty Members who do not meet these service and age criteria, but who are vested in a plan listed in Section 16.2 must participate in said plan under the terms and conditions of Sections 16.2.1 and 16.2.2. Credited service shall be consistent with the College's Retirement Plan document.

16.2.4

The College and Represented Faculty Members shall contribute to plans administered by the United States Government, collectively known as Social Security, with payments and benefits determined by law.

16.2.5

Due to the fiduciary responsibilities of the College, the choice of vendor and the funds offered to plan participants remains within the delegated authority to the 403(b) Savings and Investment Committee. The College shall agree to provide Representative Faculty Members with 90 days' notice of any proposed changes to plan vendors and will provide notice as required by law associated with investment changes under the plan at least 60 days prior to implementing any program changes.

16.3 Health Plans

The College shall offer eligible Represented Faculty Members health plans through Harvard Pilgrim Health Care ("HPHC") or at its sole discretion through other providers, other plans offering substantially equal benefits.

16.3.1 Contributions by the College

The College shall pay seventy-five percent (75%) of the participating employee's premium cost of each Represented Faculty Member's health plan when the Represented Faculty Member elects individual or family coverage, including coverage for the Represented Faculty Member's dependents. The College shall pay seventy percent (70%) of the participating employee's premium cost of each Represented Faculty Member's health plan when the Represented Faculty Member elects individual plus one coverage, including coverage for the Represented Faculty Member's dependents.

16.3.2 Contributions by Represented Faculty Members

Each eligible and participating Represented Faculty Member shall pay twenty-five percent (25%) of the participating employee's premium cost for individual or family coverage. Each eligible and participating Represented Faculty Member shall pay thirty percent (30%) of the participating employee's premium cost for individual plus one coverage.

16.3.3 Eligibility

On the first business day of the month after the date of hire, Represented Faculty Members are eligible to participate in the plans listed in Section 16.3 and 16.4.

Represented Faculty Members shall be eligible for coverage by a College health plan until separation from employment.

16.3.4

Domestic partner coverage: Since same-sex marriage is now legal across the United States, spousal benefits are currently provided for both opposite sex and same sex spouses, as applicable, under the College's benefits plans. The College does not provide coverage for non-married same-sex or opposite sex partners, unless directed by the court as part of a divorce settlement agreement.

16.3.5

The Consolidated Omnibus Budget Reconciliation Act of 1985 ("COBRA").

Represented Faculty Members separating from the College shall be eligible for benefits under COBRA. The Office of Human Resources shall inform separating Represented Faculty Members of the benefits to which they are entitled under COBRA at the time of separation.

16.4 Dental Plan

The College shall offer eligible Represented Faculty Members the Delta Dental Plan of Massachusetts or a dental plan offering substantially equal benefits. The College shall pay one hundred percent (100%) of the cost of coverage under the plan for the participating Represented Faculty Member. Represented Faculty Members may choose to cover their dependents under the plan, in which case the Represented Faculty Member shall pay the additional cost of said coverage. Represented Faculty Members shall be eligible for coverage by a College dental plan until time of separation from the College.

16.5 Life Insurance

Effective on the first day of the month following their date of hire, the College shall provide full-time Represented Faculty Members with coverage under the College's group term life insurance plan. The coverage shall be two (2) times the Represented Faculty Member's annual base salary, rounded to the nearest thousand dollars, except in the case of Represented Faculty Members who are 70 years of age or older. At age 70, the life insurance coverage is reduced to 65% of the life insurance coverage prior to age 70. There will be no further increases in the life insurance amount. At age 75, the coverage shall be 50% of the amount of life insurance prior to the reduction at age 70. There will be no further increases in the amount of life insurance. The College shall pay one hundred percent (100%) of the cost of coverage under the life insurance plan.

16.6 Workers' Compensation

The College shall provide Represented Faculty Members with workers' compensation insurance pursuant to the laws of the Commonwealth of Massachusetts or such other jurisdiction in which the Represented Faculty Member is employed by the College. One hundred percent (100%) of the cost of workers' compensation insurance shall be paid by the College. Represented Faculty Members who suffer a work-related injury shall report said injury to the Office of Human Resources within twenty-four (24) hours of injury if possible.

16.7 Unemployment Compensation

A separating Represented Faculty Member may be eligible for unemployment compensation. The Office of Human Resources shall inform a separating Represented Faculty Member of their right to file a claim for unemployment compensation.

16.8 Travel-Accident Insurance

The College will provide business travel accident insurance up to $200,000 per covered faculty member related to international travel. Injuries and/or accidents related to domestic travel will be covered under the College's worker's compensation and/or general liability policies.

16.9 Tuition Benefits

The College offers certain tuition benefits for Represented Faculty Members, their spouses and their dependent children. Speech@Emerson and other "Partnership Programs", which are defined as programs where the College would have an obligation to pay a vendor or institutional partner a share of Emerson's tuition/fees, a separate tuition fee, or substantially similar payment as a result of the enrollment of the Represented Faculty Member in a program, are excluded from this tuition benefit program set forth in Article 16, Section 16.9. Dependent children (defined by the financial aid rules of the United States Government) of Represented Faculty Members who have been full-time employees of the College for twenty-four (24) months are eligible to receive tuition benefits. If a represented faculty member dies, and, at the time of death, a Represented Faculty Member has a child or children, that child or children may, within 20 years thereafter, commence enrollment at the College or another accredited college or university in accordance with this article, exercising the options set forth in this Section 16.9 under the same terms and conditions as they apply to Represented Faculty Members. The Represented Faculty Member may choose one (1) of the following tuition benefits for each child at any one time:

1. full tuition remission for any of the College's degree programs.
2. a cash payment of two thousand dollars ($2,000) per semester for payment of tuition for a child enrolled in an undergraduate or graduate degree program at another accredited college or university.
3. a Tuition Exchange scholarship under the auspices of Tuition Exchange, Inc. (if granted by the tuition exchange importing institution). For participation in Tuition Exchange, Inc., the College shall pay the initiation fee, the annual Represented Faculty Membership fee, and participation fees.

The College reserves the right to approve tuition benefits in special situations.

16.9.1

A Represented Faculty Member is entitled to tuition remission for up to four (4) credits each term at the College, excluding courses offered through cross registration with another institution.

16.9.2

A Represented Faculty Member's spouse is entitled to tuition remission for up to four (4) credits each term at the College, excluding courses offered through cross registration with another institution.

16.9.3

The College retains the right to change or revise provisions of the Tuition Remission Plan related to course and/or program eligibility and exclusions.

16.10

It shall be the responsibility of the College to provide each Represented Faculty Member with information about the benefits offered by the College. It shall be the responsibility of the Represented Faculty Member to apply to the Office of Human Resources for benefits offered by the College, to meet the conditions of benefit providers, and to inform providers and the Office of Human Resources of changes that affect the Represented Faculty Member's eligibility for benefits.

16.11

The College shall provide each Represented Faculty Member annually with an itemized statement of the College's and the Represented Faculty Member's contributions for benefits provided under this article for the current fiscal year. The College agrees to provide on-line summaries related to employee costs and employer costs for compensation and benefit plans for all Represented Faculty Members by June 30, 2019.

16.12

Represented Faculty Members, their spouses and dependents are responsible for any tax consequences resulting from benefits received by them from the College.

16.13 Parking

16.13.1

During the Fall and Spring Terms, the College shall provide parking at the Boston Common Garage for Represented Faculty Members to facilitate using their automobiles for transportation to the College. From the day after commencement until August 31 of each year (the "Summer Parking Period"), the College shall provide parking at the Boston Common Garage for Represented Faculty Members who are required to be on campus at the College to perform administrative functions approved in writing by the Provost. The College reserves the right to assign Represented Faculty Members to other parking facilities in the vicinity of the College. The hours of availability of parking shall be determined by the Boston Common Garage or the operators of other parking facilities in the vicinity of the College to which Represented Faculty Members are assigned.

16.13.2

Represented Faculty Members may apply for one of the following options, provided these options are offered at the Boston Common Garage:

1. Monthly parking twenty-four hours per day, seven days a week;
2. Monthly parking twenty-four hours per day, Monday through Friday; or
3. Daily parking, including weekdays, weekends and holidays.

The College shall assign Represented Faculty Members to one of the foregoing options based on the Represented Faculty Member's teaching schedule and other College responsibilities as defined in Section 12.1 that require the Represented Faculty to be on campus. Applications for parking shall be submitted to the Provost or her designee no later than August 15th for the Fall Term, December 15th for the Spring Term and April 30th for the Summer Parking Period.

16.13.3

For Represented Faculty Members who enroll in the College's subsidized parking program and choose a monthly parking option at the Boston Common Garage or another College-approved option, the College will subsidize the monthly cost by contributing 70% of the cost of such parking with a maximum of $306.25 per month for weekday parkers and $326.67 per month for 7-day parkers towards the cost of such parking. Information about enrolling in this program is available on the College's Human Resources website.

For Represented Faculty Members who enroll in the College's subsidized parking program and choose a daily parking option at the Boston Common Garage or another College-approved option, the College will provide 70% reimbursement with a maximum reimbursement of $21.00 per day for daily parkers and the Administration can elect to offer additional commuter parking options for no less than 70% and up to 100% reimbursement at its sole discretion. Information about the process for obtaining reimbursement for daily parking is available on the College's Human Resources website.

16.14 Transit Subsidy Benefit

Represented Faculty Members may purchase transportation cards/passes through the College's pre-tax transportation benefit program.

Within 120 days following ratification of the collective bargaining agreement, the College will provide a transportation subsidy through Wage Works for full-time faculty up to $90.00 per month. This amount will be a flat dollar amount that will not change during the duration of the collective bargaining agreement.

• Faculty may use the subsidy for transit pass or commuter card.
• Faculty may use the subsidy for annual membership to the bike transit program.
• Faculty who are eligible for and participating in the College's parking subsidy program are not eligible for this additional subsidy.
• Faculty who are not participating in a transportation benefit program (parking, transit pass, commuter rail pass, or bike transit program) are not eligible for this subsidy.
• This subsidy will not apply to car rental services (such as Zipcar) or private car services (such as Uber or Lyft).
• The College will not convert this subsidy to cash as a payment for faculty who elect not to participate in a transportation benefit program.

Article 17, Contract Management

17.1 Copies of the Agreement

Copies of this Agreement shall be reproduced by the College within sixty (60) calendar days after the Agreement is signed. Reproduction costs shall be shared equally by the College and the ECCAAUP. The ECCAAUP shall be responsible for distributing copies of the Agreement to its Represented Faculty Members.

17.2 Savings Clause

If any word, phrase or provision of this Agreement or any application thereof to any Represented Faculty Member or to the College is held contrary to law by a court of competent jurisdiction, such word, provision or application shall be deemed invalid only to the extent mandated by law and all other words, phrases, provisions and applications shall be separated and continue in full force and effect.

17.3 Notice

Unless otherwise provided, where notice is required to be given, it shall be sufficient:

17.3.1

In the case of a Represented Faculty Member, if sent by certified mail, return receipt requested, to the Represented Faculty Member's last reported residential address or by emailing it to the Represented Faculty Member's Emerson College email address;

17.3.2

In the case of the ECCAAUP, if sent by certified mail, return receipt requested to the ECCAAUP President, 120 Boylston Street, Boston, Massachusetts 02116-4624 or such other address to which the College may move or by emailing it to the ECCAAUP President's Emerson College email address.

17.3.3

In the case of the Board of Trustees, if sent by certified mail, return receipt requested, in care of the President of the College or by emailing it to Emerson College President's email address.

17.3.4

In all other cases, if sent by campus or regular mails to the institutional officer or regular business address of the person or party, or to that person or party's Emerson College email address. Unless otherwise provided, where notice is required to be given by a date certain, it shall be effective if deposited in the regular United States Postal Service mails by midnight of the day prior to the specified date and the specified date and the postmark on the envelope so indicates. Where notice is required to be given with a certain time period, it shall be effective if deposited in the regular United States Postal Service mails by midnight prior to the last day of such time period and the postmark on the envelope so indicates or by emailing it to the relevant party's Emerson College email address or, where relevant, to the ECCAAUP President's Emerson College email address by the specified date.

17.4 Waiver

Failure of either party to require performance by the other party of any promise, performance, condition or covenant herein shall in no way affect the full right to require any such performance at any time thereafter, nor shall the waiver by either party of a breach of any promise, condition or covenant hereof be taken or held to be a waiver of the promise, condition or covenant.

17.5 College-ECCAAUP Relations

The ECCAAUP Executive Committee or its designee(s) shall meet with representatives of the Administration by mutual agreement, as necessary. Both parties also shall work informally to improve relationships between Represented Faculty Members and the Administration.

17.6 Entire Agreement Clause

Subject to the rights reserved to the College by Article 6, the ECCAAUP and the College agree that this is the sole and binding Agreement between the two parties, and therefore waive the right of obligation to bargain collectively with each other during the term of this Agreement, even though such a matter may not have been known or contemplated during the negotiations leading to this Agreement, except by the mutual agreement of both parties.

17.7 No-Strike/No-Lockout

17.7.1

The College agrees that it will not lock out any or all Represented Faculty Members during the term of this Agreement.

17.7.2

The Represented Faculty Members and the ECCAAUP, and its representatives and agents will not engage in, induce or encourage any strike including sympathy strikes, work stoppages, slowdowns, or withholding of services by members, and will not interfere with the work or business of the College.

17.7.3

An arbitrator shall have the authority to determine whether or not a faculty member took part in a violation of these provisions but shall not have the authority to adjust any penalty the College has imposed upon the faculty member.

17.7.4

The College or the ECCAAUP shall be entitled to obtain immediate arbitration whenever a violation of subsection 1 or subsection 2 above shall be alleged. In this event, notice shall be made by the party alleging a violation by the other party. Notice may be by telephone, mail, email or leaving written notice for the party alleged to be in violation, provided such notice is made to a phone number, mailing address or email that is the address of record for the party to be notified. The arbitrator shall hold a hearing as early as possible, but no earlier than the fifth business day after notice of the grievance is given (unless it is possible to hold the hearing earlier, and the parties mutually agree to do so) and shall render an award no later than the second business day following the conclusion of the hearing. In such case, the arbitrator shall make findings of fact concerning the alleged violation, and if a violation shall be found to have occurred, s/he shall direct appropriate relief, including an order requiring the party in violation and/or the Represented Faculty Member, if applicable, to desist from any violation of Section 1 or Section 2 hereof and an award for any proven damages for a breach of this Article against the College or the ECCAAUP and/or the Represented Faculty Member, if applicable. Upon receipt from the arbitrator of a finding that a violation of Section 1 or Section 2 has taken place, the College or the ECCAAUP may proceed forthwith to secure a court order to confirm and enforce the Arbitrator's Award.

17.7.5

It is intended and agreed that this Article shall be the exclusive means for the determination of all grievances and disputes based upon an alleged breach of this Article. Neither the College nor the ECCAAUP nor any Represented Faculty Member shall institute any action or proceeding in a court of law or equity, state or federal, other than to compel arbitration or to correct, confirm, vacate, modify or secure enforcement of any award or decision of the arbitrator. This provision will be a complete defense and grounds for a stay of any action or proceeding instituted by any party, person or entity contrary to this Agreement.

17.7.6

Whenever a violation of this Article shall be alleged, notification by telephone shall be made by the party alleging a violation to any of the arbitrators listed. The arbitrator should be chosen according to his/her availability to immediately review the case. The parties have agreed upon the following panel of arbitrators:

• Roberta Golick
• Will Evans
• Susan Halperin

17.7.7

The costs of the arbitration shall be shared equally by the College and the ECCAAUP.

Article 18, Academic Freedom and Governance Provisions

18.1 Statement of Principle

The parties acknowledge that Represented Faculty Members must remain free to practice their profession and fulfill their responsibilities to the College without interference or harassment because of their personal opinions or beliefs. Toward that objective, the parties pledge to use their respective offices, authority and influence to maintain the atmosphere of collegiality and academic freedom which must prevail at the College.

18.2 Academic Freedom

In order to implement the above, the College and the ECCAAUP hereby incorporate the following AAUP statement on academic freedom (modified to eliminate gender biases):

"A faculty member is entitled to full freedom in scholarship, research and/or creative professional work. Scholarship, research and/or creative professional work for pecuniary return should be based upon an understanding with the authorities of the institution. The faculty member is entitled to freedom in the classroom when discussing his or her subject but should be careful not to introduce controversial matter that has no relationship to the course. The faculty member is a citizen, a member of a learned profession, and a representative of an educational institution. When the faculty member speaks or writes as a citizen, the faculty member should be free from institutional censorship or discipline, but the faculty member's special position in the community imposes special obligations. As a person of learning and an educational representative, the faculty member should remember that the public may judge the profession and the institution by the faculty member's utterance. Hence, the faculty member should at all times be accurate, exercise appropriate restraint, respect the opinions of others, and make every effort to indicate that s/he is not acting as an institutional spokesperson" (American Association of University Professors (2001) Policy documents and reports. Washington, D.C.: AAUP, 9th edition).

18.3 Faculty Governance

It is understood that no actions of faculty organizations, committees and governance structures such as the Faculty Assembly, the Faculty Council, the Faculty Status Committee, the Library Committee, and all Departmentally constituted committees, the Graduate Council, the Academic Policy Committee, or any other similar body composed, in whole or in part, of the faculty or any successor, in whole or in part to any of these aforesaid bodies, shall directly or indirectly repeal, rescind, or otherwise modify the terms of this Agreement.

Article 19, Faculty Handbook

The College and the ECCAAUP have restructured this Agreement, including eliminating some of its important provisions, in recognition that there now exists a faculty Handbook with its own substantive provisions and dispute resolution mechanisms. In order to preserve the intention that the Handbook operate independently of the parties' collective bargaining relationship, the parties agree that the ECCAAUP can demand that this Agreement be reopened for negotiation no less than thirty nor more than sixty days after a secret ballot vote to abandon the Handbook by at least three-quarters of Represented Faculty Members (for example, if there are 100 Represented Faculty members, an affirmative vote would be 75 or more).

Article 20, Duration and Reopening of the Agreement

20.1

This Agreement shall be in full force and effect from the date of ratification through its expiration date of June 30, 2028, and the assumption will be that it will end at that date unless either party offers written notice, by mail or email, of their desire to continue a contract for an additional year by the start of the Spring 2028 semester.

20.2 Pre-Existing Rights, Privileges or Benefits

Only past practices related to the application of this Agreement shall be admissible at arbitration.

20.3 Opening of the Agreement

If notice of termination is given as provided for, negotiations for a new Agreement shall commence at the beginning of the Spring 2028 semester.

Appendix B