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AGREEMENT

BETWEEN THE

DISTRICT BOARD OF TRUSTEES

BREVARD COMMUNITY COLLEGE

AND

UNITED FACULTY OF FLORIDA

BREVARD COMMUNITY COLLEGE

2001-2003

Table of Contents

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TABLE OF CONTENTS

ARTICLE PAGE

1 Preamble....................................................................................................................................................... 1

2 Recognition ................................................................................................................................................... 1

3 Information and Communication..................................................................................................................1

4 Savings Clause .............................................................................................................................................2

5 Dues ..............................................................................................................................................................2

6 Grievance Procedure.................................................................................................................................... 3

7 Management Rights and Prerogatives.........................................................................................................5

8 Non-Bargaining Consultations .....................................................................................................................6

9 Accommodation with Board Rules, Polices, etc..........................................................................................6

10 Salaries .........................................................................................................................................................7

11 Duration of Agreement ...............................................................................................................................10

12 Complaints Against Unit Members.............................................................................................................11

13 Performance Enhancement Plan ..............................................................................................................11

14 Faculty Contracts........................................................................................................................................12

15 Intercampus Transfer of Faculty................................................................................................................13

16 Reduction in Force......................................................................................................................................14

17 Academic Freedom and Correlative Obligations ......................................................................................15

18 Selection of New Faculty............................................................................................................................15

19 Terminal Pay...............................................................................................................................................16

20 Faculty Schedules ......................................................................................................................................16

21 Department Chairpersons..........................................................................................................................18

22 Faculty Support of College Activities..........................................................................................................18

23 Maintenance of Continuing Contract..........................................................................................................18

24 Substitute Teachers....................................................................................................................................20

25 Insurance.....................................................................................................................................................20

26 Calendar......................................................................................................................................................20

27 Working Conditions and Environment .......................................................................................................21

Signature page (Certifying/Ratification) .....................................................................................................22

Grievance Form..........................................................................................................................................23

Appendix A  Payroll Deduction Authorization / Discontinuance................................................................24

Appendix B  6Hx: 1-3.05  6Hx: 1-3.34........................................................................................................25

Appendix C  Faculty Payroll Certification...................................................................................................29

Appendix D  Faculty Salary Minimum Schedule .......................................................................................30

Appendix E  Guidelines for Faculty Starting Salaries................................................................................31

Appendix F  Step Schedule Full-Time Employees....................................................................................32

Appendix G  Department Chair Responsibility List....................................................................................35

Appendix H  Department Chair Evaluation................................................................................................36

Appendix I  Voluntary Incentive Program (VIP) .........................................................................................38

Appendix J  Memorandum of Understanding............................................................................................42

Appendix K -– Memorandum of Understanding........................................................................................43

Title Page

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ARTICLE I

PREAMBLE

Section 1. This Agreement is entered into by and between the District Board of Trustees of Brevard Community

College (hereinafter the Board or Employer), and United Faculty of Florida-Brevard Community College (hereinafter,

UFF-BCC).

Section 2. This Agreement is intended to serve the interests of the members of the public who are represented by the

Board, in having at all times available to them the College's services on an efficient and economical basis. It is

contemplated that this Agreement will serve the public interest by insuring that the administrative staff and the members

of the bargaining unit will make every reasonable effort to carry forward the College's legitimate activities and functions,

and by defining the Employer's obligations to the UFF-BCC and members of the bargaining unit, thus avoiding disputes

due to misunderstandings; as well as by providing a grievance procedure for the resolution of any claims that the

Agreement has been violated by the Employer.

Section 3. The Board and the UFF-BCC recognize the College's mission to provide the highest quality of educational

services to the community served, and each acknowledges the responsibility and contributions of the other toward this

objective. They both pledge themselves to an institution that is staffed by qualified teachers, counselors and librarians

with the appropriate level of training. They agree to make every effort as an administration and UFF-BCC to maintain a

high level of professional standards of knowledge, integrity and dedication.

Section 4. The Board, as required by applicable laws and regulations, agrees not to discriminate against any faculty

member. The Board further agrees not to discriminate against any faculty member because of affiliation with UFF-BCC,

to the extent required by applicable law and regulations.

ARTICLE 2

RECOGNITION

The Board recognizes the UFF-BCC as the sole and exclusive collective bargaining agent for all members of the

full-time Faculty (counselors, librarians and teachers, as certified by the Florida Public Employee Relations Commission

in Case No. 8H-RC-754-4219) in matters concerning wages, salaries, benefits, working conditions, and other terms and

conditions of employment.

ARTICLE 3

INFORMATION AND COMMUNICATION

Section 1. During the term of this agreement, the Board agrees to furnish to the UFF-BCC, upon written request, all

available information which is in the Board's current possession or custody, which is not privileged or confidential under

applicable law, and which is necessary to enable the UFF-BCC to intelligently fulfill its role as bargaining agent. This

article shall not oblige the Board to make calculations or compilations, but refers only to the right to obtain existing

records, and a charge not to exceed $.10 per impression may be assessed for copies of records or documents.

Section 2. The right to inspect any individual's personnel record shall exist only if that individual authorizes such

inspection in writing.

Section 3. Upon approval and ratification of the Agreement by the Board and the members of the bargaining unit, the

Board shall provide a copy of the Agreement to each member of the bargaining unit. Fifty additional copies will be

provided to the UFF-BCC. The cost of reproduction and printing the Agreement will be borne equally by the Board and

the UFF-BCC. The Board will provide a copy of the Agreement to each new member of the bargaining unit when he or

she is employed or transferred into the bargaining unit.

Section 4. The Board agrees to furnish the UFF-BCC with the following items without charge:

a. Two copies of the College Operating Budget and any changes thereto.

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b. A list of bargaining unit members to include the following information for each unit member:

(1) Basic contract length

(2) Basic contract salary

(3) Date of original employment

(4) Years of experience credited for salary

(5) Date of birth

(6) Home addresses reflected in college records as of September 15 of each contract year

(7) Sum of supplemental contracts

(8) Primary teaching field (AS, AA, PSAV)

(9) Degree (same classification as used in Appendix D)

This list will be updated as of January 15 and September 15 of each contract year. Subject to availability of

information, the College will make a good faith effort to also provide in January of each contract year, the number of

accrued sick leave days and the educational category of each unit member. If the information requires compilation

rather than a simple listing, a fee will be agreed to prior to the information being provided.

c. The agenda for regular meetings and workshops (other than Collective bargaining workshops) of the District Board

of Trustees and the routine faculty personnel recommendations to be considered at the meeting.

d. Two copies of the College Annual Financial Report.

Section 5. Upon request by the UFF-BCC, the Board will provide on a regular basis those minutes, reports and other

public documents that are not privileged or confidential under applicable law, and which are properly identified. Charges

for such documents will be at the rate set out in Section 1. All requests for information shall be presented to the

Associate Vice President of Human Resources.

Section 6. The President of the UFF/BCC may request permission to use College Reprographics services. Such

requests may be for a particular purpose or for a general continuing purpose. Such service will be on a non-interference

basis and the UFF/BCC agrees to reimburse the College at a rate not in excess of 10% above the standard rate charged

College cost centers or the rate charged other outside agencies, whichever is less. Such requests will be made in writing

to the Associate Vice President of Human Resources.

ARTICLE 4

SAVINGS CLAUSE

If any provision of this Agreement, or part of a provision, shall be declared or rendered null, void or invalid through court

action or by reason of legislation, the Agreement shall otherwise remain in full force and effect.

ARTICLE 5

DUES

Section 1. Subject to the restrictions set forth in the Florida Statutes, the Employer agrees to deduct from the pay of

employees in the bargaining unit who authorize such deduction by way of a written wage assignment, properly written

and executed and delivered to the Employer, and to transmit to the UFF-BCC, the amount of UFF-BCC dues and

assessments which are uniformly charged by the UFF-BCC to all members. The Employer will also provide the

UFF-BCC with a list of the unit members from which deductions were made.

Section 2. The Employer shall be obliged to make no more than one dues deduction from any employee's pay with

respect to any single pay period.

Section 3. If the employee involved has insufficient pay accrued with respect to any pay period to cover the full amount

of dues and/or assessments charged, the Employer shall have no obligation to make a deduction for that pay period.

There shall be no obligation to make deductions in order to pay dues or assessments in arrears, unless the arrears are

due to past error on the Employer's part.

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Section 4. The UFF-BCC agrees to indemnify the Employer, and hold it harmless, from and against any liability, real

or asserted, of any kind or nature whatsoever, to any person or party, on account of the Employer's compliance or

efforts to comply with this Article.

Section 5. It shall be the UFF-BCC's obligation to keep the Employer at all times informed, by certification of a

responsible official of the UFF-BCC, of the amount of uniform dues and/or assessment deductible from employees' pay,

and the Employer will accept such certification and be entitled to rely upon its accuracy.

Section 6. Deduction authorizations shall be valid until revoked or until the employee terminates his or her

employment. Each authorizing employee shall have the further right to cancel the authorization at any time, by delivering

a written notice to the Employer.

Section 7. The Employer will be under no obligation with respect to dues or assessments checkoffs during any period

of time when no collective bargaining agreement is in effect.

Section 8. The Employer will not deduct or transmit to the UFF-BCC at any time any monies representing fines, fees,

penalties or special assessments.

Section 9. The obligation to commence making deductions or to stop deductions on account of any particular

authorization shall become effective with the first paycheck produced following the receipt of the authorization by the

Employer.

Section 10. Written authorization to start or stop payroll deductions for UFF-BCC dues will be transmitted to the

Employer using the wording in Appendix A.

ARTICLE 6

GRIEVANCE PROCEDURE

Section 1. A grievance is defined as a written claim that the Board has violated some specific provision of this

Agreement. Oral complaints are not grievances; however, any claim by an employee, group of employees, or the

UFF/BCC that there has been a violation, misinterpretation, or misapplication of some specific provision of this

agreement may bring oral complaints or suggestions relating to such provision to the attention of the Board for

discussion on an informational basis.

Section 2. UFF-BCC shall have the right to file and pursue grievances on behalf of individual employees who

personally sign the grievance document, as to contract rights running to these employees individually. UFF-BCC shall

also have the right to file and pursue grievances on behalf of itself as to, and only as to, contract rights running to the

UFF-BCC as an entity, such as those provided to the UFF-BCC in the article on dues checkoff. In the case of UFF-BCC

grievances on behalf of itself, Steps 1 and 2 in Section 8 of this article shall be combined into a single step and the

grievance document shall be initially filed within the prescribed time limit (21 college business days) with the Associate

Vice President of Human Resources as the first step and then the District President as the final step. All other

requirements of this article shall be in force. There shall be no combining of UFF-BCC grievances and employee

grievances in a single grievance document.

Section 3. The right of the individual employee to present and pursue grievances under this article, without

representation by the UFF-BCC, is preserved inviolate, subject only to such limitations as may be contained in Florida

Statutes. UFF-BCC has the right to observe, but not to participate in, such proceedings and will be notified in advance of

such occurrences. This notification will be given to the UFF-BCC grievance chair, if any.

Section 4. To the extent reasonably possible, grievance investigations by the UFF-BCC and/or affected or involved

employees, and grievance processing are to be carried out in the off-duty time of all personnel involved. Investigations or

processing of grievances on duty time of any person shall occur only with the prior permission of the Board, and under

such conditions as the Board shall prescribe.

Section 5. The Board shall at all times have the right to require unit employees to divulge to it any information or

knowledge, direct or secondary, that they may have related to grievances.

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Section 6. This grievance procedure cannot be used by the UFF-BCC or any employee to dispute a decision by the

Board not to renew the contract of an employee on annual contract, or to dispute a decision by the Board not to award

continuing contract to a unit employee. The grievance procedure cannot be used to dispute a decision by the Board to

suspend or dismiss a unit employee when such suspension or dismissal is effected under the provisions of SBE Rule

6A-14.0411 or other applicable laws or regulations.

Section 7. The time limits set forth in this article are of the essence and must be strictly complied with. A grievant's

failure to comply shall mean that the grievance stands abandoned. The Board's failure to answer a grievance within the

time provided shall mean that the grievance is denied. In order to be eligible for processing, a grievance must be timely

filed and contain the following:

1. The name of the grievant, whether employee or UFF-BCC.

2. The date on which the event giving rise to the grievance occurred, or the omission giving rise to the grievance

occurred.

3. A detailed statement of the facts as to the claimed event or omission.

4. Citation of the particular sections of this Agreement (not articles alone) that the grievant relies on. General citations

will not satisfy this requirement and the grievant shall not add new citations after the grievance is filed.

5. A statement of the precise relief sought, which will stand as the outer limit or maximum as to possible relief that can

be sought.

Section 8. Grievances, properly and timely filed, shall be processed in accordance with the following procedure. Time

limitations specified herein may be extended by agreement of both parties.

1. Step I. An eligible grievant shall file the grievance document with his or her immediate supervisor in the College

administrative staff (appropriate Dean or Campus President as applicable) within twenty-one (21) college business

days as set out in the College Calendar of the occurrence of the event or omission giving rise to the grievance, or

within twenty-one (21) college business days as set out in the College Calendar of the date when the grievant in the

exercise of reasonable diligence, should have become aware of such event or omission, whichever is later. Within

ten (10) college business days as set out in the College Calendar of the receipt of the grievance, the immediate

administrative supervisor shall meet with the grievant in an effort to resolve the problem. The immediate supervisor

will be allowed ten (10) college business days as set out in the College Calendar following the meeting to respond to

the grievance in writing. This written answer may consist of a notation on the grievance document.

2. Step II. If no written response is received at Step I, or if the response is not acceptable to the grievant, the grievant

may refile the grievance document. If the Step I filing was with the Campus President, the Step II filing shall be with

the Associate Vice President for Human Resources. The document must be refiled within five (5) college business

days as set out in the College Calendar of the receipt of the answer from the immediate administrative supervisor or

if no written answer is received, within five (5) college business days as set out in the College Calendar after the

expiration of the ten (10) day period specified in Step 1. Once any grievance document has been properly filed with

the Campus President or the Associate Vice President for Human Resources, the Campus President or the

Associate Vice President for Human Resources shall have fifteen (15) college business days as set out in the

College Calendar in which to provide a written response to the grievant. The written response may consist of a

notation on the grievance document. Either the Campus President or the Associate Vice President for Human

Resources, or the grievant, may request a meeting to discuss the grievance. If the grievant desires a meeting,

he/she should request it when the grievance document is refiled with the Campus President or the Associate Vice

President for Human Resources. If such a meeting is held, it should be held within the fifteen (15) day period.

3. Step III. If no written response is received at Step II or if the disposition of the grievance is unacceptable to the

grievant, the grievant may refile the grievance document with the District President or an individual designated by

him to hear grievances at Step III. The document must be refiled within five (5) college business days as set out in

the College Calendar after the receipt of the answer from the Campus President or the Associate Vice President for

Human Resources, or if no answer is received, within five (5) college business days as set out in the College

Calendar after the expiration of the fifteen (15) day period applicable to Step II. The grievant may also request a

meeting with the District President or his designee to discuss the grievance. Such a meeting will be scheduled within

fifteen (15) days from the receipt of the grievance at Step III. The District President or his designee will be allowed

fifteen (15) days after the receipt of the grievance at Step III to provide a written disposition of the grievance.

Section 9. Only those grievances that have been processed through the grievance procedure in strict compliance with

all of its requirements may be taken to arbitration. If the grievant is not satisfied with the disposition of the grievance at

Step III or if no answer is received within the fifteen (15) day period applicable to Step III, the grievance may be submitted

to arbitration. The arbitration procedure shall be initiated by filing a written request for arbitration with the Associate Vice

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President of Human Resources within five (5) college business days as set out in the College Calendar after receipt of

written disposition at Step III or if no answer is received, within five (5) college business days as set out in the College

Calendar after the expiration of the Step III fifteen (15) day period. A copy of the grievance document must be attached

to the request.

1. After a written request for arbitration is properly and timely filed, the grievant and the Board, by any representative it

may choose, will meet at a mutually convenient time or confer by telephone in an effort to agree on an arbitrator.

2. If an arbitrator cannot be agreed upon, the Federal Mediation and Conciliation Service will be asked to supply a list

of five names from which the parties, the grievant striking first, will alternately strike names until only one remains.

The one remaining shall be the arbitrator.

3. Each party shall have the right to reject one list of arbitrators in its entirety, and any subsequent list containing any of

the same names.

4. No arbitrator shall have at any time before him more than one grievance involving this Agreement without the

Board's consent.

5. The identified arbitrator will be notified by joint letter and requested to proceed forthwith. The arbitration will then

proceed in accordance with the reasonable orders and requests of the arbitrator, but subject to the following

conditions:

a. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this agreement.

Decisions must be explained upon the request of either party.

b. In any arbitration involving a question of monetary liability, the potentially liable party shall have the right to

require the arbitrator to rule at the close of the hearing. Otherwise, the parties shall have a right to a reasonable

time for briefing the case, upon request, and a decision shall be due within thirty (30) days after the date set for

filing briefs.

c. If the Board makes offers to settle or compromise any grievance, the arbitrator, upon the Board's objection, shall

refuse to take evidence on or consider such offers. The Board shall be entitled to rescind actions which are the

subjects of grievances, subject to a right to reinstate such actions upon receipt of a favorable arbitration decision

or unarbitrated grievance decision.

d. All costs of any arbitration including the arbitrator's fees and expenses, cost of reports and transcripts (which

shall be made available at the request of either party), cost of meeting rooms, etc., shall be borne by the losing

party, unless the grievance is partially denied and partially sustained, in which event the arbitrator may apportion

costs.

e. The arbitrator's decision shall be final and binding but only to the extent required by applicable law.

f. The arbitrator shall be empowered to make reasonable orders so that the matter can be expeditiously resolved,

but shall accommodate the parties within reason as to hearing dates and continuances where need is shown.

ARTICLE 7

MANAGEMENT RIGHTS AND PREROGATIVES

Section 1. The Employer expressly reserves and retains, to the maximum extent permitted by law, each and every

right and prerogative that it has ever had and enjoyed at any time and in the absence of any collective bargaining

relationship whatsoever, whether such rights and prerogatives have ever been exercised or not, and as if the collective

bargaining relationship did not in fact exist, except to the limited extent that it has herein and by words of unmistakable

meaning and clear import, agreed to expressed and explicit limitations upon those rights and privileges.

Section 2. Each of the parties waives any right to demand collective bargaining on any matter during the terms of this

Agreement, although they reserve the right to meet and confer on a mutual consent basis and without assuming those

obligations normally attendant upon legal collective bargaining, except with mutual consent.

Section 3. The reservation or retention of management rights or prerogatives, as done in Section 1 above, refers to

the right to implement any decision coming within that reservation or retention, without prior bargaining over the impact

or effects of such decision upon unit employees. Bargaining shall subsequently take place upon the request of either

party.

Section 4. While it is not possible to anticipate or detail in this agreement all of the rights and prerogatives that the

Employer retains and reserves, the following list is illustrative. The Employer exclusively retains and reserves the rights

to: exercise all rights normally exercised by employers and not expressly limited herein; select employees for hire;

determine manning requirements; schedule work; determine the duties required by employees; subcontract all or a part

of its work or functions; transfer, lay off, recall, determine the nature and extent of services that are to be performed;

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regulate the use of equipment and facilities; make and enforce reasonable work rules; discontinue programs; and take

such measures as management may consider to be reasonably necessary to the orderly, efficient and economical

operation of the College.

ARTICLE 8

NON-BARGAINING CONSULTATIONS

During the term of this Agreement, the Employer, through its designated representative(s), will be available to meet on a

mutual consent basis with the UFF-BCC to consult (not bargain) on any legal subject of bargaining.

ARTICLE 9

ACCOMMODATION WITH BOARD RULES, POLICIES, ETC.

Section 1. This Agreement shall take precedence over any District Board of Trustees policy or administrative rule with

which it is in conflict. Board policies and administrative rules shall be presumptively controlling, with the party contending

otherwise to have the burden of showing a clear conflict.

Section 2. The existence and continuing validity of all current rules or policies of the District Board of Trustees, and of

all Operational Procedures promulgated in connection with same, together with other written administrative rules,

regulations and programs currently prevailing are confirmed and acknowledged. The Employer shall have the

continuous right to make and implement rules and regulations for the governance of the institution, its personnel and

their work-related activities, except as restricted by this Agreement. Reference shall be made to the pertinent policies or

rules to resolve any questions as to the scope or number of faculty duties or obligations arising from their contracts of

employment.

Section 3. The Board agrees not to change the following Board Policies during the term of this Agreement, insofar as

these policies pertain to bargaining unit members. (See Appendix B.)

6Hx: 1- 3.05 Political Activities of College Personnel

3.06 Criteria for Employment of Instructional Faculty, Counselors and Librarians (Paragraphs D and E

only)

3.07 Contracts (Paragraph B only)

3.19 Payroll Deductions

3.22 Outside Employment

3.28 Dismissal or Suspension of Employees

3.34 Legal Services for Employees

If the Florida Board of Education or other governing body or agency changes the law or rule concerning continuing

contract status, any impact(s) of the implementation of such rule change will be subject to negotiation within a

reasonable time period during the term of this agreement. Whether such negotiations take place or not, all provisions of

this contract shall remain in full force and effect until and unless changed by agreement or impasse proceedings or by

any law, ordinance, rule or regulation over which the Employer has no control.

Section 4. Alleged violations of Board Policies are not grievable under the grievance procedure at Article 6.

Complaints of alleged violations of the Board Policies specified in Section 3 above, with resultant injury to the

complainant, may be processed under the Academic Due Process Procedure as found in the College Operations

Procedures Manual. The Academic Due Process Committee will consist of seven members, all of whom will be full-time

College employees. Three members will be chosen by the UFF-BCC and three members will be chosen by the

Employer. The seventh member will be chosen by vote of the first six.

Section 5. The parties agree that contact hours as they pertain to instruction in vocational certification programs shall

be interpreted as 60-minute hours. The Employer also agrees not to assign an unpaid overload to any unit member.

Section 6. The workweek for counselors and librarians shall be forty (40) hours. This will include a 30 minute rest

period each day. This thirty (30) minutes may be scheduled, at the discretion of the counselor, or librarian, in two fifteen

(15) minute increments or in one thirty (30) minute period.

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Section 7. In the event that the Board provides for waiver or reduction of tuition and fees for Board employees or their

dependents to attend Brevard Community College courses, these provisions will apply to unit members and their

dependents on the same basis as other categories of employees.

Section 8. Requests for personal leave chargeable to sick leave will be submitted to the immediate administrative

supervisor at least ten (10) working days prior to the date of leave. The Employer will normally approve the request,

except when operational reasons require the unit member's presence. The unit member will cooperate with the

Employer to assure continuity of instruction and other employment responsibilities. The faculty member’s immediate

administrative supervisor may in her or his discretion approve the leave request upon less than ten (10) days prior notice,

provided such request does not interfere with operations.

ARTICLE 10

SALARIES

Section 1. The parties agree to establish salaries for all returning unit members (with a hire date of 01/04/01 or earlier)

for the 2001-2002 academic year as described in this section.

a. Determine each unit member’s 2000-2001 daily rate and add 6% to become effective 2001-2002 contract year.

b. Multiply the unit member’s new daily rate (from a. above) times the number of contract days assigned for the 2001-

2002 academic year. Round to the nearest $25.

c. Unit members achieving an advance in education category will receive a pay raise based on the difference between

the current educational category and the new educational category for the member’s experience level in the Faculty

Salary Minimum Schedule (Appendix D). Official transcripts must be furnished to the Associate Vice President for

Human Resources by October 1 of the contract year. If a unit member has achieved an advance in educational

category prior to the start of the contract year, but furnishes the official transcripts after October 1 of the contract

year, the appropriate increase will be applied to the base salary as of the date submitted, but will be non-retroactive.

Section 2. Any accrued vacation leave balance may be used by a unit member during the period of this contract.

Accrued vacation leave will be paid off by the College upon the member’s retirement, termination of employment or at

the conclusion of this contract period, whichever is earlier. Payment will be at the member’s 1981-82 daily rate.

Section 3. Each contract year, the contract period for instructors will be August 16 through the following August 15.

Each contract year, the contract period for librarians will be August 1 through July 31.

Section 4. It is anticipated that new unit members will normally be placed on the Faculty Salary Minimum Schedule

(Appendix D) in effect at the time of hiring, at the salary appropriate for their years experience and educational category.

The Board retains the right to make reasonable deviations from the Schedule under special circumstances such as

hiring or retaining hard-to-fill positions or in cases where specialized credentials or experience merit such consideration.

The UFF-BCC President or designee shall be consulted prior to implementation of any such deviation involving existing

faculty. “Consulted”as used in this section means to confer and, upon request of either party, meet in person (provided

the UFF-BCC President or designee is available to meet on an expedited basis if necessary), but does not require

agreement.

Section 5. An applicant recommended for a bargaining unit position will receive a contract, conditional on Board

approval, stating the starting annual salary and the base contract length (in days). Starting salary will comply with the

Guidelines for Faculty Starting Salaries (Appendix E). Salary will be conditional on the Human Resources Office

receiving verification of the applicant’s credentials (college transcripts, work experience, etc.)

Newly hired unit members who desire credit toward a more advanced educational category classification for previously

completed course work must submit the appropriate documentation to the Human Resources Office within 60 days after

the first day of employment.

Section 6. Unit members recommended for supplemental contracts or overload instruction shall receive a copy of the

recommendation form, conditional on Board approval, stating the approximate rate of pay and the approximate total pay.

The recommendation form will be provided within 30 days after the work commences. In the event that the monetary

recommendation is materially changed prior to submission to the Board of Trustees, the affected unit member will be

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promptly notified, and upon request shall be relieved from the assignment. The unit member shall be paid for services

rendered up to that point.

This section does not apply to Staff and Program Development contracts, or to independent contractor agreements for

special projects.

Section 7. The District President will establish procedures whereby unit members will be paid in 24 equal pay periods

per year, the first paycheck due August 15 for librarians and the first paycheck due August 31 for teachers. Any unit

member may choose a lump-sum payoff of his/her contract balance upon completion of all assigned duties relating to

the member’s base contract.

In the event that the unit member elects to receive the lump-sum payment, appropriate adjustments will be made in this

payment to ensure that coverage of any insurance or other deductions authorized are maintained for the remainder of

the school year.

Section 8. The Board agrees to pay the appropriate monetary supplement to any unit member who performs

additional duties as indicated.

a. No unit member will be paid any compensation except what is established in this contract or its appendices,

providing that compensation is established in this contract or appendices.

b. Full-time faculty used as substitutes will be paid $16.00 per contact hour.

c. Unit members who teach overload courses will be paid according to the following schedule:

(1) College Credit Rates (per credit hour): Doctoral Degree, $500.00; Masters or Specialist Degree, $450.00;

Baccalaureate Degree, $400.00.

(2) Contact Hour Rates (per contact Doctoral Degree, $500.00; Masters or Specialist Degree, $450.00;

Baccalaureate Degree, $400.00 hour): Doctoral Degree, $21.00; Masters or Specialist Degree, $18.00;

Baccalaureate Degree, $16.00.

Teachers teaching in Allied Health Clinical programs will be paid $21.00 per contact hour; teachers teaching in

the ADN program will be paid $24.00 per contact hour.

(3) For those credit courses in which the compensation for the contact hours would be greater than that calculated

for the credit hour, the higher rate in (1) or in (2) above will be paid.

d. Supplemental Instruction-Related Duties:

The District President is authorized to employ personnel on appropriate employment contracts in order to perform

instruction-related duties. When employing personnel in this manner, the District President will be responsible for

determining the appropriate salary to be paid for the work performed.

The College will pay the following amounts for the duties indicated. In the case of a range specification, the

determining factors will include qualifications, experience, and time devoted to the duties:

(1) Co-op Student supervision: $21.00 per student per semester hour.

(2) CAEL (assessment of prior learning): $26.00 for each course review.

(3) Independent study (not applicable to distance learning courses): $16.00 per student per semester hour, paid at

the end of the term based on all enrollments, including withdrawals, excluding drops.

(4) T.V. Courses: regular course rate per credit hour based upon degree level of instructor. The schedule of

compensation and rules for division of large classes is as follows:

(a) Courses with 6,000-Word or more Writing Requirement:

Class Load Indep. Study Rate Second Section

(SINGLE SECTION) (IN ADDITION TO CLASS LOAD) (INITIATED AT)

39 40-77 78

(b) Courses with 3000-5,999-Word Writing Requirement:

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Class Load Indep. Study Rate Second Section

(SINGLE SECTION) (IN ADDITION TO CLASS LOAD) (INITIATED AT)

53 54-91 92

Class Load Indep. Study Rate Second Section

(SINGLE SECTION) (IN ADDITION TO CLASS LOAD) (INITIATED AT)

60 61-98 99

e. Credit by Exam: $25.00 per student per exam administered.

f. Department Chairperson (DC) compensation:

There are two ways a Department Chairperson (DC) may be compensated:

Option 1: The DC will be scheduled for a 40-hour week and will be required to work an additional 5 days beyond the

number required by his/her base contract and will receive 12 credit hours (1/3 of minimum annual load) release time

plus a $4,000 annual supplement. The DC will be notified concerning the specific 5 days by July 31. The DC will

receive his/her daily rate for each of the extra days worked beyond the number required by his/her base. This option

provides less DC Supplemental pay than option 2, but allows the DC to teach overloads and receive payment for

additional supplements subject to his/her supervisor’s approval.

Option 2: The DC will be scheduled for a 40-hour work week and will be required to work an additional 5 days

beyond the number required by his/her base contract and will receive 6 credit hours (1/6 of minimum annual load)

release time plus a $7,000 annual supplement. The DC will be notified concerning the specific 5 days by July 31.

The DC will receive his/her daily rate for each of the extra days worked beyond the number required by his/her base

contract. This option provides more DC Supplemental pay than option 1, but does not allow a DC to be

compensated for teaching any overloads nor to receive any supplemental compensation for teaching during his/her

FT contract work days.

The decision as to which option to take should be the individual decision of each DC; however, that decision should

be made by the first day of classes due to the difference between options regarding release time.

g. Coaching and Coordinating Duties:

Assistant Baseball Coach............................................................. 1,300-1,600

Assistant Basketball Coach.......................................................... 1,300-1,600

Assistant Golf Coach .................................................................... 1,300-1,600

Assistant Softball Coach............................................................... 1,300-1,600

Assistant Volleyball Coach ........................................................... 1,300-1,600

Baseball Coach............................................................................. 2,650-5,250

Basketball Coach.......................................................................... 2,650-5,250

Brain Bowl Sponsor/Coach........................................................... 1,100-1,600

Campus Intramural Director.............................................................700-1,100

Cheerleading Sponsor/Coach...................................................... 1,100-1,600

Choral Director.............................................................................. 1,100-1,600

Concert Band Director.................................................................. 1,100-1,600

Cross Country Sponsor/Coach.........................................................700-1,300

Debate/Forensic Sponsor/Coach............................................................1,300

Fencing Club Sponsor/Coach .................................................................... 700

Golf Teaching Facility Coordinator............................................... 2,650-5,250

Karate Club Sponsor/Coach ...................................................................... 700

Program Coordinator (e.g., Allied Health) ................................... 1,600-2,600

Soccer Club Sponsor/Coach........................................................ 1,100-1,300

Study Abroad Marketing ..........................................................................5,250

Swimming Pool Coordinator....................................................................2,100

Tennis Coach................................................................................ 2,500-5,000

Volleyball Coach........................................................................... 2,650-5,250

Wellness Coordinator ................................................................................. 800

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h. Distance Learning – Online and Teleweb Instruction

(1) Online Sections will be considered as part of the faculty member’s regular load.

(2) A section will have a minimum of 15 enrolled (unless otherwise approved for a lesser number by the Campus

President).

(3) A section will have a maximum of 25 enrolled.

(a) Students 26 through 29 will count as independent study.

(b) When the section reaches 30 students, the section will be split into two sections.

(4) Independent study pay rate will be 1/15 of the appropriate class rate times the number of students..

(5) For each online section, the faculty member will be permitted to account for advisement and on-campus time

outside of the "traditional" locations and times, such as at home. The number of hours will be based on the

credit hours of the course as indicated in the table of Article 20, Section 2.

Section 9.

a. The parties agree to the benefits of providing recognition and rewards to faculty members whose performance is

exemplary and outstanding. The parties agree to expand current non-monetary and supplemental monetary

recognition programs to include enhancements to the base salaries of deserving unit members.

b. There shall be a Voluntary Incentive Program (VIP) commencing in academic year 2000-2001. There shall be

“Divisional” VIP Awards and Collegewide VIP Awards in the amount of $1,250 each. The standards and procedures

for the Voluntary Incentive Program shall be defined in Appendix I.

ARTICLE 11

DURATION OF AGREEMENT

Section 1. This Agreement shall become effective when ratified by the employees in the bargaining unit, according to

the requirements of the appropriate Florida Statutes, or the Employer, whichever is later in time. This Agreement shall

continue in effect until midnight, June 30, 2003. However, on each anniversary of this Agreement, either party shall have

the right to reopen and negotiate Articles 10 (“Salaries”), 20 (“Faculty Schedules”) and 25 (“Insurance”), Distance

Learning Committee recommendations, Allied Health Loading Committee Recommendations and other committees

identified from time to time by the parties by mutual consent during the term of this Agreement by giving the other party

sixty days advance written notice of its intent to renegotiate such article(s).

Section 2. Negotiations for a further agreement shall take place, at times and places selected by the parties in

accordance with their mutual convenience, at the request of either, after 60 days prior to expiration of this contract. The

ground rules for these negotiations will be as agreed to by the parties on November 21, 1980.

Section 3. If agreement as to a complete replacement agreement is not reached and lawfully ratified by both parties

before this Agreement expires, the parties shall be without agreement as of the moment when this Agreement expires.

The above paragraph may be modified as to effect, on a mutual consent basis, if the parties desire to do so, by a writing

to be signed by both. Grievances arising and actually filed prior to the expiration of this Agreement shall be eligible for

processing through arbitration, but grievances arising or asserted after this Agreement expires are to be treated as

issues for bargaining. If a renewal or replacement agreement is arrived at, the parties may or may not agree upon

retroactive application of the grievance and/or arbitration procedure therein.

ARTICLE 12

1 Teleweb instruction is defined as those telecourses, which are broadcast by

WBCC TV, which also contain a companion website for instructor student

communication and interaction. At a minimum, to be considered a teleweb course,

the telecourse shall include a companion website utilizing the BCC sponsored course

management system. This website shall consist of the following components:

Instructor information [email, phone, fax (if available), office hours], syllabus,

assignments and due dates, test information and online discussion boards with

instructor participation.

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COMPLAINTS AGAINST UNIT MEMBERS

Section 1. In the event that a written complaint is received by the administration concerning alleged poor performance

or misconduct by a unit member, and if the complaint is considered serious enough by the immediate supervisor to

warrant discussion with the unit member, the unit member will, on request, be given a copy of any written complaint and

be allowed to respond to the supervisor in writing. The unit member may request the identity of the complainant and the

opportunity to meet with the complainant and the supervisor to discuss the complaint. In the event the complainant has

requested anonymity, the unit member may request that the identity of the complainant be made available to the

Associate Vice President of Human Resources of the college who would verify the authenticity and seriousness of the

complaint and decide whether, in fairness, the complainant needs to be identified to the unit member in order that the

unit member be able to respond properly to the complaint.

Section 2. If, after the procedure in Section 1 above is concluded, the administration deems the complaint serious

enough to be placed in the unit member's file, any written response provided by the unit member will be attached to the

complaint and also filed in the personnel file.

Section 3: Any unit member will be permitted to inspect his or her individual personnel files in the Human Resources

Department during normal business hours.

Section 4: At the request of the unit member, any written complaint over five (5) years old against the unit member will

be placed in a sealed envelope in the file.

ARTICLE 13

PERFORMANCE ENHANCEMENT PLAN

Section 1. The parties recognize the Employer's right to evaluate faculty members' performance of assigned duties

and continuing value to the College. A major purpose of such a review process is to assess faculty performance and

suggest professional development strategies which should facilitate student learning. This article does not confer on any

unit member the right to be reviewed: however, if an annual administrative review is not rendered on any unit member,

the unit member may, prior to March 1 of each contract year, request such a review and the Administration will comply.

The review will be for the calendar year and the forms and procedures followed will be those set out in the Performance

Enhancement Plan.

Section 2. Unit members will be given access to, and permitted to comment on any review which is reduced to writing

and placed in his/her official personnel file. However, the UFF-BCC and unit members waive any right of access to

student evaluations or portions thereof, during the school term in which the student evaluation was completed. As an

exception to the above, a unit member shall be given access to student evaluations during the term when the student

evaluations were completed if any of these evaluations are used in support of disciplinary action against said unit

member. The unit member will be given access to these evaluations at least ten (10) days prior to any disciplinary

action.

Section 3. A joint committee of six (6) faculty appointed by UFF-BCC and six (6) BCC Administrators/Professionals

chaired by the faculty and administration will meet at least once a year to review the Performance Enhancement Plan

and its forms. Any changes in the Performance Enhancement Plan must be agreed to by more than two-thirds () of the

entire twelve (12) person committee.

Section 4. In the event a unit member receives an overall rating of "unsatisfactory" on the review, the Campus

President shall examine or re-examine the overall rating before such a review is forwarded to the unit member's

personnel file. The unit member shall have the right to present any additional information to the Campus President

during this process. The unit member may also, within fourteen (14) calendar days of receipt of such concurrence,

provide a written response to be included in the personnel file. Note: All references to calendar days in this section shall

exclude the Christmas holidays applicable to unit members.

Section 5. Any faculty member may request a pre-review conference with his or her supervisor. In the event the unit

member's performance is viewed by the supervisor as likely to fall below the level of performance judged satisfactory,

the supervisor shall request such a conference with the unit member. Such requests will be made not later than

October 1 of the contract year. The supervisor will hold such a conference prior to November 1 of the contract year. The

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purpose of this conference is to give the unit member the opportunity to present additional information to the supervisor

for consideration in completing the Summary of Past Performance.

Section 6. Student evaluation of instruction for continuing contract unit members will be conducted each fall and

spring term and each term for annual contract unit members. All instructors will be evaluated by at least two sections

per term. The instructor may choose one of the sections to conduct the evaluation. On-line instructors are encouraged

to include their on-line courses in their evaluations. Student evaluations will be scheduled for approximately the 12

week of Fall Term and Spring Term and the 5

week of Summer Term I and Summer Term II. Data from student

evaluations will provide feedback for the instructor’s benefit and shall not be the exclusive basis for annual evaluation of

a bargaining unit member.

Section 7. Where feasible, a faculty member other than the course instructor will administer the student evaluation of

instruction, and the course instructor will not be present during the process. This will be considered a normal faculty

duty. The faculty member administering the evaluations will remain in the classroom during the process, will designate a

student to collect the completed evaluations, and seal them in an envelope and deliver them to the immediate

supervisor's (Dean or Campus President's) office or representative.

Section 8. The employer reserves the right to forego the student evaluation of instruction in any given semester.

Faculty will be notified by the 12th week of the Fall Term or Spring Term and by the 5th week of a Summer Term if

student evaluations are not to be conducted.

ARTICLE 14

FACULTY CONTRACTS

Section 1. Faculty contracts for the academic year will be offered in the categories listed below.

Section 2. Librarians and Counselors will be assigned contracts for 224 days. Any change in contract length will be by

mutual consent.

Section 3. Instructional unit members will be assigned one of the following contract lengths:

a. A contract for fall term and spring term consisting of 170 days.

b. A contract for the fall term and spring term, plus a summer teaching assignment in summer term I or

summer term II, consisting of 200 days.

c. A contract for fall term and spring term, plus a summer teaching assignment in summer term I or

summer term II, plus additional days required for special needs such as Allied Health, consisting of 210

days.

d. A contract for fall term and spring term and both summer terms, consisting of 230 days.

The College may also grant 30-day contracts (at regular daily rates) for faculty on a 200-day contract who teach a

second summer term.

For the 1999-2000 and subsequent academic years, any instructional faculty member on a 200-day contract who wishes

to teach both summer terms or to offer a program or course running over both summer terms may request a 230-day

contract or a 30-day contract for the second summer term.

Any change in contract length will be by mutual consent and will remain constant from year to year unless changed by

mutual consent.

Regardless of contract lengths, all instructional unit members will adhere to Article 20 Section 2 of this contract.

Section 6. Any bargaining unit member who desires an overload teaching assignment may submit a written request to

the appropriate Dean or Campus President as applicable, with an informational copy to the Department Chair. Such

requests by unit members will be considered prior to making instructional assignments to adjunct faculty. Should an

immediate supervisor (Dean or Campus President) select an adjunct faculty member for overload assignment over an

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equally qualified unit member, the unit member, if dissatisfied, will be entitled to a conference with the immediate

supervisor (Dean or Campus President).

Section 7. When in the judgment of the Employer there is a reasonable possibility that summer term I or summer term

II enrollment will not be sufficient to provide a full teaching load for a unit member on 200 day contract, the employer

may require the unit member to "bank" an overload during fall term or spring term. "Banking" consists of requiring the

unit member to teach an overload during a regular term (I or II), but withholding payment until it is determined whether a

full teaching load materializes in summer term I or summer term II. The immediate supervisor (Dean or Campus

President as applicable) will confer with the unit member prior to assigning the banked overload.

If a full load is assigned and taught in summer term I or summer term II, the unit member will be paid for the overload.

Otherwise, the banked overload will be applied toward fulfillment of the unit member's annual teaching load.

A maximum of four semester hours may be banked in any academic year. Banking may not be used to fulfill the

complete summer term I or summer term II load. The summer term I or summer term II work week for unit members

who receive credit for a banked overload may be reduced by the number of contact hours taught in the overload divided

by the number of weeks in summer term I or summer term II.

Section 8. When in the judgment of the Employer it is necessary to temporarily transfer a unit member to a campus

other than that to which the unit member is normally assigned in order to provide the unit member with a summer term

teaching load, the Employer may do so without compliance with Article 15, Sections 3, 4 and 5.

Section 9. The bargaining unit recognizes the desirability of its members assisting with the retention of students who

give evidence of becoming dropouts from the program. This includes but is not limited to such activities as contacting

students who are in danger of failure, early referral of such students to guidance counselors and/or learning labs,

counseling sessions with individuals or small groups of students, special tutoring sessions, etc.

ARTICLE 15

INTERCAMPUS TRANSFER OF FACULTY

Section 1. The Board retains the right and responsibility for determining the number and type of faculty positions

required at each campus or center, and for the selection of individuals to fill these positions. Faculty members will be

assigned to one of the four campus locations--Titusville, Cocoa, Melbourne (including the Patrick Center), or Palm Bay.

When a new faculty position or vacancy appears at any such location and the Board intends to fill it, it will be advertised

in a College publication with College-wide distribution, and a copy of the Position Announcement will be furnished to the

President of the UFF/BCC. If no College publication is being published, five additional copies of the Position

Announcement will be furnished to the President of the UFF/BCC. All position openings at the College will be advertised

by intracollege publication or by special bulletin.

Section 2. Any faculty member selected for transfer must meet the educational requirements for the position as

specified in the appropriate Board policy.

Section 3. If the Board desires to fill a vacant position with a currently employed faculty member, the position shall be

advertised collegewide and a copy of the position notice furnished to the UFF-BCC. If no volunteer is forthcoming, the

Board shall notify all potentially involved faculty members that appear to be qualified for the position, and ask for a

volunteer to fill the position. If there is still no volunteer, the Board will select an individual for involuntary transfer from

among those qualified for the position.

Section 4. If it is necessary to select a unit member for involuntary transfer, the Board will assign transfer points to all

unit members in the same discipline who are qualified to fill the open position. The total points accrued will be

considered by the Board in making its selection, with the unit member having the lowest number of points being the most

vulnerable for involuntary transfer. Should the Board select a unit member for transfer who has a point total greater than

another qualified faculty member who is not being transferred, the Board will state the reason for the selection in writing

to the faculty member being transferred. A copy will be furnished to the President of the UFF/BCC.

Transfer points will be assigned as follows:

a. holding continuing contract 3 points

b. each year of full time academic employment at the College, ½ point up to 10 points maximum

c. completion of requirements for maintaining continuing contract (Article 23), 1 point for each 6-year period

d. Academic Preparation:

Doctorate 6 points

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Masters + 60 5 points

Masters + 30 4 points

Masters 3 points

Bachelors or equivalent 2 points

Less than Bachelors 1 point

e. one point for each five-mile increment of distance between the campus of proposed assignment to the unit

member’s domicile as of the date of the announcement of the vacancy. A maximum of 10 points is allowed.

Section 5. A faculty member selected for involuntary transfer to another campus will be given a minimum of three

months notice.

ARTICLE 16

REDUCTION IN FORCE

Section 1. Prior to any general reduction of the number of employees in the bargaining unit arising out of economic or

operational considerations, the reduction shall be subject to discussion between the UFF-BCC and the Board. The

Board will notify the UFF-BCC no later than April 1 for reductions to be effective in the following Term I and no later than

October 1 for reductions to be effective in the following Term II. During the period following the notice to the UFF-BCC of

the intent to reduce force, the Board agrees to meet at reasonable times and places for such discussion. The notice

period may be reduced in the case of unusual or unforeseen circumstances giving rise to a reduction in force and

making the above notice not feasible.

Section 2. Based on the nature of the cause for reduction, the Board will determine the number and types of faculty

positions to be reduced.

Section 3. Once the number and types of positions to be reduced is determined, the Board may transfer faculty

between campuses to avoid releasing faculty from employment.

Section 4. The Board's loyalty to its long-time employees is noted, therefore, no continuing contract faculty member

shall be released until all annual contract faculty serving in the discipline to be reduced have been considered for

release from employment. The decision of the Board on which faculty members to release shall not be subject to public

hearings under Florida Statutes.

Section 5. All unit members within an affected academic discipline or vocational/technical program will be assigned

RIF points for use only within that academic discipline or vocational/technical program to assist in selecting the unit

member to be released from employment. The point total accrued by each member will be considered by the Board in

making its selection, with the unit member with the lowest point total being the most vulnerable to release. Should the

Board select a unit member for release who has a higher point total than that of a unit member in the same discipline or

program who is not being released, the Board will state reasons for its selection in writing furnished to the released unit

member and the UFF/BCC. An employee selected for release due to reduction in force will be given at least 60 days

notice prior to the effective date of release.

RIF points will be assigned as follows:

a. holding continuing contract, 3 points

b. each year of full-time employment as faculty in the affected academic discipline or vocational/technical program, ½

point up to maximum of 10 points

c. completion of requirements for maintaining continuing contract (Article 23), 1 point for each 6-year period

d. Academic Preparation

Doctorate 6 points

Master’s +60 5 points

Master’s +30 4 points

Master’s 3 points

Bachelor’s or equivalent 2 point

Less than Bachelor’s 1 point

Section 6. This Article is not deemed to be in conflict with Florida State Board of Education Administrative Rules.

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Section 7. Unit members who are released from employment under this Article will for a period of 24 months from the

date of release be granted recall preference for reemployment with the College in lieu of a new hire, subject to the

following conditions:

a. Recall consideration will apply to any opening in the academic discipline or vocational/technical program from which

the unit member was released; however, it is the responsibility of the unit member to make timely application for any

position opening and to ensure that the College is made aware of the member’s recall eligibility.

b. If more than one unit member applies for an opening recall, consideration will be based on the RIF points used to

make the release, with the member with the highest point total being given preference for selection. Should the

Board select a unit member other than the one with the highest point total, the Board will state the reasons for the

selection in writing furnished to the non-selected unit member and UFF/BCC.

c. Unit members who refuse to accept an offer for recall under this section will not be eligible for further consideration

under this section.

ARTICLE 17

ACADEMIC FREEDOM AND CORRELATIVE OBLIGATIONS

Section 1. In recognition of the principle of academic freedom at Brevard Community College the parties affirm that

faculty members must be free of any arbitrary limitations on the study, investigation, presentation or interpretation of

facts and ideas in any branch of learning. Moreover, it is understood that faculty members are employees of a public

educational institution as well as being citizens and members of a learned profession. When a faculty member writes or

speaks he/she must recognize the special position in the community he/she holds as an employee of Brevard

Community College in that the public may judge both the faculty member's institution and profession by his/her

statements. Therefore, the faculty member shall at all times strive to be accurate, to exercise appropriate restraint, to

show respect for the opinions of others and in the expression of personal opinions to indicate that he/she is not a

spokesman for Brevard Community College.

Section 2. The parties recognize that faculty members occupy a unique position of influence and respect in the eyes

of their students; and we, as faculty members, further recognize our obligations to maintain at all times a professional

attitude towards students.

ARTICLE 18

SELECTION OF NEW FACULTY

Section 1. When a vacant position occurs on any campus, currently employed faculty who are qualified may apply by

submitting a request in writing through their Campus President to the Office of Human Resources with a copy to the

Campus President of the campus where the vacancy has occurred. These faculty members may be included in the list

of finalists submitted to the Campus President.

Section 2. The Board recognizes the importance of conferring with faculty in the hiring of new full-time faculty

members. The Board will establish faculty screening committees that will be consulted prior to the hiring of new full-time

faculty members. Any such committee will include full-time faculty members, at least two of whom, if practicable, shall

be teaching in the same field or subject areas for which a candidate is being considered. The committee will have the

opportunity to review all applications for a teaching vacancy. The committee will interview and recommend finalists. The

committee will file a written recommendation, listing finalists alphabetically, with the appropriate administrator concerning

the employment of candidates. Input from faculty screening committees will be advisory only: final decision rests with the

Board.

Section 3. If the College conducts a campus-wide or district-wide orientation for newly employed faculty, the UFF-BCC

may, at its discretion, provide a separate packet of information to be distributed with orientation materials.

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ARTICLE 19

TERMINAL PAY

Section 1. Terminal payment of unused sick leave will be paid to unit members or their beneficiaries who meet any of

the following criteria:

a. Become deceased while a full-time employee of Brevard Community College.

b. Be on continuing contract and are released per Article 16.

c. Be employed full-time at Brevard Community College for at least 10 years, and retire under the Florida Retirement

System (FRS), and be officially added to the FRS retirement payroll.

Terminal pay will be calculated by multiplying the daily rate of the then-current base contract times the number of days

of accumulated unused sick leave times the percentages as determined below:

Number of completed years of service

0 - 3

4 - 6

7 - 9

11 - 30

31 and above

percentage

35%

40%

45%

50%

50% plus 2.5% for each full year of service over 10

As if 30 years of service

Section 2. If a unit member receives terminal pay benefits based on unused sick leave as specified in this article, all

remaining accumulated sick leave shall become invalid.

ARTICLE 20

FACULTY SCHEDULES

Section 1. The professional obligation of faculty is comprised of both scheduled and non-scheduled activities. The

Board and the UFF-BCC recognize that it is a part of the professional responsibility of faculty to carry out their duties in

an appropriate manner and place.

Section 2. Instructors will account for 35 on-campus hours per week and will post a working hour schedule in

accordance with the appropriate procedure of the Operational Procedure Manual. All instructors will account for a

minimum of twenty-five (25) in-class hours and office hours combined. In the event an instructor has classes on two

campuses on the same day, an appropriate amount of travel time may be shown in the schedule. The Campus

President may in her or his sole discretion approve deviations to the current requirement that the teaching faculty spend

a minimum of one hour daily in the office to accommodate students in the area of advisement and other assistance,

provided the faculty member fulfills all other contractual and legal requirements of his or her position. Counselors and

Librarians will account for forty (40) hours per week as approved by their immediate supervisor. The schedules for

librarians and counselors will include the rest break specified in Article 9, Section 6. Instructors who teach online or

teleweb courses will be permitted to account for on-campus, advisement and in-class hours at a location other than the

College according to the following schedule:

16-Week Course

Course Credit Hours On-campus Hours Advisement Hours

1 1 1

2 2 1

3 2 2

4 3 2

5 4 2

For Summer term courses or all other courses which meet less than a regular 16 week term, the

instructor shall work with his/her Department Chair and Campus President to establish an agreeable

work schedule to include hours of instruction, advisement and on-campus hours. If no agreement can

be reached regarding the instructor's work schedule, the following charts shall be used to compute the

required number of hours the instructor must provide to fulfill contractual obligations.

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12-Week Course

Course Credit Hours On-campus Hours Advisement Hours

1 1 hr. 20 min. 1hr. 20 min.

2 2 hrs. 40 min. 1hr. 20 min.

3 2 hrs. 40 min. 2 hrs. 40 min.

4 4hrs. 2 hrs. 40 min.

5 5hrs. 20 min. 2 hrs. 40 min.

10-Week Course

Course Credit Hours On-campus Hours Advisement Hours

1 1 hr. 40 min. 1 hr. 40 min.

2 3hrs. 10 min. 1 hr. 40 min.

3 3hrs. 10 min. 3hrs. 10 min.

4 4 hrs. 50 min. 3hrs. 10 min.

5 6 hrs. 20 min. 3hrs. 10 min.

8-Week Course

Course Credit Hours On-campus Hours Advisement Hours

1 2 2

2 4 2

3 4 4

4 6 4

5 8 4

6-Week Course

Course Credit Hours On-campus Hours Advisement Hours

1 2 hrs. 40 min. 2 hrs. 40 min.

2 5hrs. 20 min. 2 hrs. 40 min.

3 5hrs. 20 min. 5hrs. 20 min.

4 8 hrs. 5hrs. 20 min.

5 10 hrs. 40 min. 5hrs. 20 min.

In the event that an instructional load is completely comprised of online and teleweb courses, the

faculty may account for all in class, advisement and on campus hours at a location other than the

college. However, all online and teleweb instructors will be required to attend on campus department

or committee meeting obligations and will be required to meet with the students on campus or in

another appropriate setting upon any reasonable request by such student.

Section 3. With the exception of required visits to health care facilities by Allied Health personnel, in-county travel will

not be paid.

Section 4. Faculty work schedules are somewhat flexible to allow faculty to attend meetings, to provide additional

student advisement, to sponsor organizations, etc. With administrative approval, schedules may be modified to

accommodate these duties or to provide compensatory time for activities already performed in the previous pay period.

Unit members will certify time worked during each pay period. This certification will be accomplished using the wording

found in Appendix C and submitted to the immediate supervisor, pursuant to State Auditor's recommendation.

Section 5. It is understood that all College employees, as a general rule, are to be required to provide assurances, on

a regular basis, of fulfillment of employment responsibilities.

Section 6. Recognizing that productivity is increased by physical well-being, the College encourages employees to be

concerned with physical fitness. For this purpose, 1 ½ hours per week of the hours accounted for by faculty may be

scheduled for personal fitness to be utilized at a campus physical fitness facility. A maximum of 30 minutes of physical

fitness time may be scheduled on any workday.

Section 7. Unit members not serving as of September 30 of each contract year on at least one collegewide, campus,

divisional, or advisory committee, or on the UFF executive committee or on the UFF bargaining team, may be placed on

the list of those eligible to monitor the CLAST test without additional compensation on their assigned campus. It shall be

understood that such service will be counted as part of the unit member's 25 hour posted schedule for the week of

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CLAST administration. Unit member and Administrative/Professional personnel assignments for each CLAST test shall

be equal in number, providing that no unit member may be required to administer more than one CLAST test during an

academic year. Unit members shall be notified of this service at least 21 days prior to any CLAST test. In the case of the

October test, the notice shall be given at least 7 days in advance.

ARTICLE 21

DEPARTMENT CHAIRPERSONS

Section 1. The parties agree that the efficient and harmonious operation of the academic area of the College requires

that there be a cooperative effort of administration and faculty. Therefore, the parties are establishing a system of

department chairpersons to act as coordinators and liaisons between the supervisors and the full-time faculty. Such

chairpersons shall have no supervisory responsibilities with regard to other full-time members of the faculty, but will

assist the supervisors on each campus to carry out their duties.

Section 2. Department Chairpersons will be selected for two-year terms. In March of the second year, all scheduled

positions will be opened and advertised internally by the appropriate Campus President’s Office using college

communication media. The Campus President will accept applications from all interested unit members for the position.

Department Chairs should have continuing contract status and have five years collegiate teaching experience. Any

exceptions must be justified to unit members within the department. Selection will be made by April 15. The parties

agree that a Department Chair may be reappointed, and if a position opens, the notification and application process will

be followed.

It is also understood that a Campus President may make a temporary appointment if necessary pending completion of

the application/selection process.

Section 3. Campus Presidents and Department Chairs should conform to the recommended Department Chair

Responsibility List, which can be found in Appendix G.

Section 4. Department Chairs will be scheduled for a 40-hour work week and will be required to work an additional 5

days beyond the number required by their base contract. Department Chairs will be notified concerning their specific

days by July 31.

Section 5. The parties recognize that effective use of the Department Chairperson structure requires input from all

faculty serving under the Chairpersons. There will be an annual review conducted by the Campus President of each

Department Chairperson by requesting the full time and adjunct faculty in each Department to complete the instrument

set out in Appendix H. The purpose of the review is to assess performance and suggest strategies to strengthen the

Department.

ARTICLE 22

FACULTY SUPPORT OF COLLEGE ACTIVITIES

Section 1. Both the UFF-BCC and Employer recognize the quality of student activities is enhanced by faculty

participation and support. Faculty are encouraged to support student activities by attendance at student presentations,

sports events and graduation ceremonies. Unit members also are encouraged to serve as sponsors for student clubs

and activities.

Section 2. Unit members who are on continuing contract will attend one graduation ceremony per year in regalia

unless properly excused.

a. If a faculty member is not scheduled for a work day on the day of ceremony, attendance at the ceremony will be

regarded as fulfilling half a work day. Those faculty who are scheduled for a work day will receive credit towards the

work week requirement specified in Article 20, Section 2.

b. The College will take responsibility for making arrangements to have proper regalia available.

ARTICLE 23

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MAINTENANCE OF CONTINUING CONTRACT

Section 1. The following unit members shall be eligible for consideration for continuing contracts: Full-

time faculty members who have completed three (3) years of satisfactory teaching service at Brevard

Community College during a period not in excess of five (5) successive years with such service being

continuous except for leave duly authorized and granted. However, the Employer may issue a

continuing contract to a member of the instructional staff after two (2) years of employment at Brevard

Community College, provided such individual has previously held a continuing contract in a county

school system or a public community college within this state. All continuing contracts issued shall be

based upon satisfactory service performed in an instructional position and shall be subject to all other

requirements and provisions imposed by law or regulation. Further, this provision is subject to Section

6 of Article 6, Section 3 of Article 9, and all other applicable provisions of this Agreement.

Section 2. The parties recognize and subscribe to the appropriate policy of the Board of Trustees Policy Manual and

to the supporting section of the College Operational Procedures Manual as the basic policy and procedure for

administration of maintenance of continuing contract as it pertains to unit members.

Section 3. The parties recognize the desirability of faculty continuing professional development throughout their

employment at the College. Although the College may set the minimum professional standards for the maintenance of

continuing contract, the responsibility for meeting these standards rests solely with the individual faculty member.

The College agrees to sponsor programs, seminars, and courses that earn graduate credit or institutional credit. As

described in the appropriate Board Policy and Operational Procedure, both course credit hours and non-credit units or a

combination of the two may be used to satisfy this requirement. Beginning with the 1999-2000 academic year, all unit

members starting a new 6-year maintenance of continuing contract period must meet at least 50% of the requirements

of this article with formal college credit courses.

Section 4. The maintenance of continuing contract period is a 6-year period.

Section 5. For maintenance of continuing contract, during the sixth (6th) year of the six-year period, the faculty

member will request prior approval of proposed course work, publications or seminars. For the first five years, the faculty

member may request approval at anytime during those five years for proposed or recently completed course work,

publications or seminars. All requests shall be made through a committee within the faculty member's department. The

committee will consist of the Dean or Campus President, three full-time faculty members from the department, and a

member of the Staff and Program Development Committee. The faculty member will be notified of the place and time of

the meeting, and will be invited to attend. The meeting will be scheduled to allow the faculty member to be present. The

committee will make the recommendation for action to the Dean or Campus President of the campus to which the

faculty member is assigned, who will in turn make a recommendation to the Academic Management Team. The faculty

member will be given written notice of approval or disapproval (with an explanation in the event of disapproval) within

fourteen working days after submitting the request to the Dean or Campus President.

Section 6. Formal college course work will normally be at the graduate level. Exceptions may be granted when the

proposed course has special relevance to the faculty member's discipline or professional development requirements.

Section 7. No College funds will be specifically allocated to support maintenance of continuing contract activities,

however, activities which qualify for funding under other college programs (tuition, reimbursement, sabbatical, etc.) may

be used for credit, provided that advance approval is secured.

Section 8. In the contract year following the completion of the requirements for each 6-year period, unit members will

receive a supplemental payment of $100 for each full credit hour or non-credit unit completed in excess of the six credits

or units required for maintenance of continuing contract, up to a total of $300.

Section 9. The College supports efforts by faculty members to complete advanced degrees and participate in

academic activities such as conferences. The granting of professional leave will be considered when requested in

advance by faculty members to take examinations, defend dissertations, or make presentations out of the county.

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ARTICLE 24

SUBSTITUTE TEACHERS

Section 1. It is the responsibility of each teaching faculty member to arrange for a substitute teacher to be available

when it is reasonable and practicable, if the faculty member is absent for any reason. The parties recognize that rigid

assignment to substitute in certain classes will in some cases be infeasible, and that a flexible arrangement between

colleagues to substitute for each other will normally suffice.

Section 2. At the beginning of each term, each unit member who is assigned a teaching load will accomplish the

necessary coordination with his or her colleagues, and will submit a list to the Dean or Campus President with an

informational copy to the Department Chairperson showing a substitute teacher for each assigned section. It shall be the

responsibility of the unit member to notify the substitute teacher(s) and the Dean or Campus President as applicable of

any absences, planned or unplanned unless prevented from doing so by certain circumstances beyond the unit

member's control. The Dean or Campus President may assist in the notification of the substitute teacher in cases of

unplanned absences.

Section 3. Serving as a substitute teacher is part of the professional obligation of teaching faculty. Unit members who

are asked to serve as substitutes in classes for which they are qualified will agree to serve, as long as there is no conflict

in class schedules. It is noted that in some cases special work may be assigned to students for the period of the

teacher's absence, and that a substitute will not be required. This will be done only with the concurrence of the Dean or

Campus President as applicable.

Section 4. Time spent in serving as a paid substitute will not be credited towards the 35 hour faculty work week

obligation.

ARTICLE 25

INSURANCE

Section 1. The Board recognizes a responsibility to assist unit members to deal with the costs of health care.

Section 2. A. The Board agrees to provide standard medical and dental plans and to pay the cost of a standard

premium for such plans for the unit member.

B. If the Board increases its contribution to non-unit members for medical coverage, the Board will also

extend to unit members an increase sufficient to equalize its contribution with that given to non-unit

members. The Board will also extend to unit members a flexible benefits plan and other medical plans

that are made available to non-unit members.

C. Recognizing the importance of a cooperative effort in the implementation and review of college

insurance policies, the Board agrees to continue the collegewide insurance committee. At least 1/3 of

the committee members (all members must be full-time college employees) will be members of the

bargaining unit selected by UFF-BCC. The committee will meet at least quarterly or as often as

necessary to expeditiously carry out its duties.

ARTICLE 26

CALENDAR

Section 1. The Board agrees that the administrative personnel who prepare the College calendar are to receive and

duly consider the UFF-BCC recommended calendar, provided that it is submitted on or before April 15, two years prior

to the beginning of the academic year to which the calendar to be prepared will apply. The administrators will make

themselves available at reasonable times to discuss the recommended calendar with UFF-BCC representatives, and

this will not constitute collective bargaining.

Section 2. If the UFF-BCC has submitted a recommended calendar within the time allowed in Section 1, and if the

calendar thereafter published by the administration differs from this recommended calendar, proposals to revise the

published calendar with regard to those differences may be included in contract renewal negotiations.

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Section 3. During such negotiations, and pending any resolution of any disagreement concerning of the calendar, the

published calendar shall remain in effect.

ARTICLE 27

WORKING CONDITIONS AND ENVIRONMENT

Recognizing the importance of a safe and healthful work place, the Board agrees to make reasonable efforts to

insure that such conditions conform to applicable statutes.

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SIGNATURE PAGE

(CERTIFYING RATIFICATION)

This is to certify that the foregoing agreement was ratified by the required number of members of the covered

bargaining unit on or before July 23, 2001 .

/s/ Robin Boggs

Authorized Representative

UFF-BCC

This is to certify that the foregoing agreement was ratified by the District Board of Trustees of Brevard

Community College at its meeting held on July 23, 2001 .

/s/ Eugene Johnson

Chairman, District Board of Trustees

Brevard Community College

An original signed copy, in this format, will be maintained by the District President and the Authorized Representative of

the UFF-BCC.

MEL1 #461607 v1

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