The adjunct faculty of Emerson College voted to unionize in 2001 and ratified its first contract with the school administration in 2004. Today, the Affiliated Faculty of Emerson College, American Association of University Professors (AFEC-AAUP) represents 240 adjunct faculty members at Emerson College.
No member of the bargaining unit is obliged to become a full member of AFEC-AAUP, but all are required to either join the Union or pay the financial core membership contribution (the fee is $80 annually in both cases, paid as $40 each semester). We won this employment requirement in our very first collectively bargained contract and it is enforced now as a result of our successful 2010 membership drive.
All adjunct faculty, whether they join the Union or not, are required to operate under the rules of the Union contract.
Relationship with the AAUP
AFEC-AAUP is an independent, stand-alone union with an affiliation with the AAUP, the American Association of University Professors. This is different from being a chapter in a national union. When a union is a chapter, it is subject to ongoing management input by the parent organization. Instead, our union makes all its own decisions and is not subject to any oversight by the AAUP.
We do, though, get to draw on the resources and expertise of the AAUP in helping to establish equitable working conditions for part-time faculty at our school, and we do have representation on the AAUP’s national committee on contingent faculty issues. Our Union is deeply indebted to the AAUP for its help in getting established and getting our first contract. The AAUP also helped when we had to file a grievance against the College in August 2006 to get faculty paid properly. The AAUP was founded in 1915, and it produces the magazine Academe.
AFEC-AAUP BY-LAWS
BY-LAWS OF THE
AFFILIATED FACULTY OF EMERSON COLLEGE / AMERICAN ASSOCIATION OF
UNIVERSITY PROFESSORS
PREAMBLE
The Affiliated Faculty of Emerson College/AAUP is a chapter of the American Association of University Professors.
As the negotiating representative for part-time faculty, the Affiliated Faculty of Emerson College, seeks to promote and preserve the professional and economic well being of the unit members for whom it bears legal responsibilities. As a professional association and in addition to its responsibilities as negotiating representative, the Affiliated Faculty of Emerson College seeks to enhance the academic environment of the college.
These By-Laws regulate the Affiliated Faculty of Emerson College.
ARTICLE I: MEMBERSHIP
The Affiliated Faculty of Emerson College shall consist of all part-time/adjunct faculty who teach at least one course during the academic year at Emerson College, who are dues paying members of the AFEC/AAUP, and who are not graduate students at the college.
Membership in the AFEC/AAUP confers membership in National AAUP.
ARTICLE II: MEMBERSHIP MEETINGS
The Chapter Executive Board may call membership meetings of the Chapter at any time. There shall be at least one membership meeting per year. Twenty-five percent of members in good standing shall constitute a quorum. The agenda of each meeting shall be outlined in the call for the meeting. Changes to the agenda may be made by a two-thirds vote of the members attending the meeting.
Members of the AFEC/AAUP in good standing shall be entitled to vote on all matters considered at these meetings; all other bargaining unit members (those who are qualified for membership but decline it) may attend, but may not vote.
ARTICLE III: DUES AND FINANCES
Dues shall be determined by the Chapter Executive Board, and ratified by the membership. Non-payment of dues shall be cause for removal from membership. Only members in good standing with respect to dues payment shall be eligible for office; for membership on any committee; or for voting rights in elections, contract ratification, or any other matter submitted for membership approval.
ARTICLE IV: OFFICERS OF THE AFEC / AAUP
A. The officers of the Chapter shall be the President; the Vice President, and the Secretary / Treasurer. Officers are eligible to seek re-election.
B. Election of Officers
1) Chapter officers shall be elected by the membership through a secret mail ballot.
2) The President shall be elected once every two years and shall serve for a period of two years beginning on September 1 of the year in which s/he has been elected.
3) The Vice President shall be elected once every two years in alternate years from the President and Secretary/Treasurer, and shall serve for a period of two years beginning September 1 of the year in which s/he has been elected. The first vice-president elected will serve only one year to begin the staggering of terms.
4) The Secretary / Treasurer shall be elected once every two years and shall serve for a period of two years beginning on September 1 of the year in which he/she has been elected.
5) The Committee on Nominations and Elections of the Chapter Executive Board shall prepare a slate for election of officers by soliciting nominations from the membership and shall announce it to the membership.
6) Ballots shall be mailed to all members of the AFEC/AAUP. Elections shall be conducted under the supervision of the Committee on Nominations and Elections.
7) The election process shall be completed by August 15 of each election year.
C. Each officer is subject to recall by the members of the AFEC/AAUP.
1) A recall election must be initiated by recall by a petition stating the reasons for the proposed action and signed by twenty-five percent of union members.
2) A petition demanding a recall election shall be presented to the Chapter Executive Board through the Secretary, who shall certify the authenticity and the member status of each signer.
3) No recall petition shall be received after March 1 of the year in which the election is demanded; and each recall election shall be completed no later than 30 days after the petition has been certified.
4) A recall election shall be conducted by a special committee appointed by the Executive Board for that purpose.
5) An officer shall be removed when two-thirds of those casting ballots so vote, provided only that the total voting for recall shall be no less than a majority of total votes cast in the elections of that officer.
6) When a vacancy occurs because of recall elections, the position shall be filled according to the procedures listed below under ”Succession of Officers.”
D. Succession of officers
1) In the event the President cannot complete his/her term, the term shall be completed by the Vice President until a special election fills the vacancy. After serving temporarily as President, the Vice President shall resume his/her duties for whatever remains of the term of office.
2) In the event that the Vice President cannot complete his/her term, the term shall be completed by the Secretary until a special election fills the vacancy.
3) In the event that the Secretary cannot complete his/her term, the Chapter Executive Board, by a majority of those voting, shall elect a replacement to complete the term.
ARTICLE V: DUTIES OF CHAPTER OFFICERS
A. President
1) Be spokesperson and official representative for the Affiliated Faculty of Emerson College.
2) Appoint the chair and members of standing committees, with the advice and consent of the Chapter Executive Board.
3) Appoint with the advice and consent of the Chapter Executive Board the members of the administrative committees of the Chapter Executive Board; such members shall be drawn from the Chapter Executive Board membership.
4) Appoint the chair and members of special committees with the advice and consent of the Chapter Executive Board.
5) Preside over meetings of the Chapter Executive Board.
6) Initiate legal actions on behalf of the Chapter when authorized by the Executive Board
7) Provide direction to other officers and oversee their activities.
B. Vice President
1) Be spokesperson and official representative for the Affiliated Faculty of Emerson College in the absence of the President.
2) Assist the President as needed.
3) Preside over meetings of the Chapter Executive Board in the absence of the President.
C. Secretary / Treasurer
1) Oversee the maintenance of the records of the Chapter.
2) Keep minutes at all meetings of the Chapter Executive Board; prepare these minutes for reproduction and distribution to all union members.
3) Review monthly the AFEC/AAUP’s expenditures.
4) Prepare and present a financial report for the Chapter Executive Board and the general membership at least once per year, no later than June 1; prepare and present other financial reports as required by the President and/or the Executive Board.
5) Recommend appropriate management of Chapter funds.
6) Preside over meetings of the Executive Board in the absence of the President and the Vice President.
ARTICLE VI: EXECUTIVE BOARD OF THE AFFILIATED FACULTY OF EMERSON COLLEGE / AAUP
A. The internal affairs, collective negotiations and grievance handling policies and activities of the Chapter shall be coordinated by a Chapter Executive Board consisting of the President, Vice President, Secretary / Treasurer, and two elected at-large members, each of whom may also chair a standing committee. The term of Chapter Executive Board representatives shall be two years.
B. The at-large members of the Chapter Executive Board shall be elected once every two years in alternate years from the President and Secretary/Treasurer [the same years as the elections for vice-president], and shall serve for a period of two years beginning September 1 of the year in which s/he has been elected. The first at-large Executive Board members elected will serve only one year to begin the staggering of terms.
C. If an at-large Executive Board member is unable to complete his/her term, a replacement shall be appointed by the Chapter Executive Board. If a representative misses three (3) consecutive meetings, s/he shall be considered withdrawn unless the Executive Board determines special circumstances.
D. The Chapter Executive Board shall hold a minimum of four meetings throughout the year.
E. The duties of the Chapter Executive Board are to:
1) Determine membership dues in accordance with Article III.
2) Assume responsibility for general fiscal affairs and approve the annual budget.
3) Establish standing committees and conduct the affairs of the organization through those committees and special committees as provided by the By-laws.
4) Establish and abolish special committees, as it deems necessary.
5) Authorize legal action on behalf of the AFEC / AAUP.
6) Authorize, after mail vote by the membership, job actions in support of the Chapter’s collective bargaining goals.
ARTICLE VII: NEGOTIATING COMMITTEE
A. The Negotiating Committee shall be appointed by the President with the approval of the Chapter Executive Board.
B. The Negotiating Committee shall be composed of the chairperson and at least three (3) additional members of the AFEC / AAUP.
C. The Negotiating Committee shall function under negotiating policies determined by the Chapter’s Executive Board.
D. The contract negotiated shall be ratified by mail ballot of a majority of the membership.
ARTICLE VIII: AMENDMENTS TO THE BY-LAWS
These bylaws may be amended by two-thirds of those members voting at a regularly scheduled meeting, or a meeting especially called for such amendment, providing that members have received written notice and text of proposed amendments at least fourteen days before such a regular or special meeting is held.
AFEC-AAUP history
Our current contract (2019 – 2024) was negotiated in 2019. Negotiations were led by Barry Marshall, president of AFEC-AAUP. We will be adding a chart for the Steps to this document later. This contract covers academic freedom, reappointment policies, salary and benefits including medical and dental plans, performance evaluation, grievance procedures, and faculty responsibilities. It also includes:
- Tuition remission for eligible faculty for graduate classes and online classes.
- A transit subsidy benefit.
- A 403(b) retirement plan, starting in the Fall 2020 semester.
Our third contract (2015 – 2019) was negotiated in 2015. Negotiations were led by David Kociemba, then president of AFEC-AAUP. That negotiation brought to AFEC-AAUP members:
- Salary raises that range from 11% to 30% over the life of the contract.
- A professional development fund of $15,000 annually, for adjunct faculty to apply for up to $1,500 reimbursement for travel costs and fees for conferences, workshops, and festivals.
- Seniority accruement after 12 courses taught, down from 15 courses.
- Availability of $2,000 merit pay bonuses.
- Tuition remission for Step 3+ faculty for graduate classes and online classes.
- Continued access to medical and dental benefits after teaching 60 credits, for faculty teaching 16 credits during the academic year.
Our second contract (2009 – 2014) was negotiated by the Negotiating Committee of AFEC-AAUP: David Akiba (then president of AFEC-AAUP), Laurie Ruskin, Brian McNeil, and David Kociemba. The contract protected gains and provided incremental advances — both notable achievements for the economic situation of the time. Highlights of the 5-year contract included:
- A 2 percent pay hike, with a minimum increase of 2 percent each year.
- A decrease of 4 credits to advance a step in seniority.
- Higher pay for serving as a thesis chair or reader, or as a directed study supervisor.
- A new professional development fund of $10,000 annually. Members may apply for up to $750 for travel costs and fees for conferences, workshops, and festivals.
- A relaxation of the course cap, allowing any member at or above step 3 seniority to teach up to 20 credits per academic year.
Our first contract (2004 – 2009) was negotiated from 2001 to May 2004. The Negotiating Team was made up of adjunct faculty members David Akiba, Leslie Brokaw, David Daniel, Brian McNeil, and Richard Williams. The team began meeting in December 2001. Team members were all volunteers, driven by a desire to be part of a professional community as well as by curiosity, self-interest, and a general commitment to social justice. The group was a representative subset of the school’s nearly 250 adjunct teachers: Akiba, Daniel, and McNeil were long-time, heavily-committed teachers who had taught at Emerson for over a decade with course loads that met or exceeded those of tenured teachers, while Brokaw and Williams were newcomers who taught one or two courses a semester. The group’s make-up helped the team create balanced positions.
The Negotiating Team was assisted by staffers from the AAUP’s Washington D.C. office. Pat Shaw, an AAUP lawyer, was the group’s counsel for the entire process, traveling from D.C. to Boston at least two dozen times for negotiating sessions. AAUP staffers Rich Moser, Mike Mauer, and Barbara Gottfried were extremely active in helping organize membership drives and political strategy from 2000 through 2004. Emerson was represented at the negotiating table by the College’s in-house lawyer, outside lawyer (Paul Lyons, of the Boston law firm Foley Hoag LLP), and, for periods of time, its Vice President of Academic Affairs (Dorothy Arum during 2002, and Linda Moore for the last meetings in 2004). Federal Mediation & Conciliation Service Commissioner John Martin joined the meetings in 2003.
The Negotiating Team began the contract development process by reading the contracts of the full-time union of Emerson College and the part-time unions of University of Massachusetts, CUNY, the Congress of Connecticut Community Colleges, and Roosevelt, Rider, and Hofstra Colleges. Over winter break in January 2002, the team wrote a full proposal, borrowing both general thematic ideas and specific language from other contracts and bearing in mind the goals and priorities of the union membership as expressed in polls and Emails. The team presented the contract to the school in January 2002, and negotiations began shortly after that.
For 29 months the Union team met with the College’s team some 30 times, exchanging proposals and counter proposals and counter-counter proposals. Eventually we agreed to a 17-article document. The contract that was signed in May 2004 by David Daniel (who became the first Union president) and Emerson College president Jacqueline Liebergott bears just a passing resemblance to the Union’s initial proposal. Still, the Negotiating Team thought it was important to use the process as a way to articulate truly just, if aggressively bold, contract language.
In August 2006 the contract was modified with a memorandum of understanding clarifying when faculty members move from one pay step to the next. The memorandum agreed to “modify and interpret the language of Article 4.2 of the Contract as follows: Faculty members who have taught fewer than 64 credits shall be paid at Step 1 (Minimum). Faculty members who have taught 64 to 127 credits shall be paid at Step 2 (Quarter Point). Faculty members who have taught 128 to 191 credits shall be paid at Step 3 (Midpoint). Faculty members who have taught 192 to 255 credits shall be paid at Step 4 (Three Quarter Point). Faculty members who have taught more than 255 credits shall be paid at Step 5 (Maximum). In the case of Communication Disorders courses taught at the College, numbered 600 or higher carrying three (3) credits, the number of credits taught shall be multiplied by 1.333 to calculate the appropriate wage step.”