Article V, AAUP Representatives and Privileges

University of Delaware

Collective Bargaining Agreement between the University of Delaware and American Association of University Professors, University of Delaware Chapter

July 1, 1994 - June 30, 1996

1. The AAUP, its officers and members shall not engage in union activities, hold meetings on University property, or utilize University facilities in any way that interferes with or interrupts normal University operations or the obligations and duties of faculty members as employees.

2. The AAUP shall have the right to make reasonable use of University space, facilities, and equipment in accordance with University procedures, for proper activities related to its position as the recognized representative of the full-time voting faculty. AAUP shall pay reasonable costs for the use of space, facilities, and equipment.

3. The AAUP shall be entitled to reasonable use of campus mail, in accordance with University procedures. The AAUP agrees to limit its use of material directly related to its function as collective bargaining agent, and agrees further that the material it distributes by campus mail will not violate reasonable standards of propriety with respect to the language employed.

4. The AAUP shall have the right to post at appropriate places on the campus for the benefit of the employees it represents, bulletins and notices relevant to official AAUP business, of a nonpolitical nature, so long as these do not violate reasonable standards of propriety.

5. The University shall make available to the AAUP an on- campus, furnished, air-conditioned office suitable for conducting official business. The University shall provide direct phone service in the faculty office of the President of the AAUP.

6. The University agrees to provide, at no cost to the AAUP or its members, a complete copy of this Agreement.

7. The University agrees to make available to each new faculty member a copy of this Agreement and a copy of the "Authorization of Payroll Deduction of Membership Dues" form.

8. Four members of the AAUP bargaining unit will be given one three-credit course reduction for each full semester, or major portion thereof, during which they represent the AAUP in collective bargaining. This reduction may occur in the semester or semesters in which bargaining occurs, or in succeeding ones with the mutual agreement of the faculty member and department chairperson/dean. In addition, two officers or committee members of the AAUP shall be given one three (3) credit course reduction for each semester. The AAUP may also purchase six additional hours of release time at the S-contract rate. The AAUP shall make the designations under the provisions of this paragraph and shall inform the Administration in writing of these designations and the semesters during which they will occur in sufficient time to permit adequate course coverage.

9. The advice of a majority of the faculty within the department will be required for the appointment or reappointment of the Department Chairperson. The procedures by which this advice is obtained shall be determined by the faculty of the affected department, and shall be consistent with the Procedures for Selection and Appointment of Department Chairpersons and Program Directors, University Policy and Procedures Manual Chairperson's Supplement (No. 3, Nov. 1, 1991).

10. The University shall make available to each member of the bargaining unit a copy of the official Faculty Handbook and copies of modifications in the policies and practices contained therein as issued. The University shall maintain the Handbook for Faculty and the Chairperson's Supplement in print copy and as an on-line computer document which shall be accessible by the faculty.

11. The University, upon written request of the AAUP, will provide the following information on each bargaining unit member in the format provided in the past: salary history by college, department, rank, sex and length of contract (fiscal year, academic year, or other), employment history, promotion list and benefit participation. Under the latter shall be included each member's Blue Cross/Blue Shield type, major medical type, level of TIAA/CREF and/or Fidelity participation, tuition remission participation and course fee waiver participation. In addition, the University, upon written request, will provide AAUP with the following information: names and departments of new appointments and reappointments with duration of appointment or reappointment, names and departments of faculty promoted, and/or granted tenure each year, names of faculty terminated, names of faculty on sabbatical leave each semester, and the average credit-contact hours per semester for each department or college where there are no departments. These data will also be provided in machine readable form. In addition, the University will provide an annual report to the AAUP summarizing all special salary adjustments awarded under Article 12.7 during the preceding year. The report will indicate the number of special increases granted in each unit and the reason for each of the salary adjustments granted. The University also will provide dental claims payment data and updates of the reasonable and customary charges as these are established by the dental insurance carrier.

    Upon receipt of the information, AAUP will have the right to monitor whether or not the University is in compliance with the stated conditions of Articles IX, XI and XII as those conditions relate to individual members of the bargaining unit. Should the AAUP believe that the University is not in compliance with the provisions of Article(s) IX, XI or XII on the basis of the information provided under the terms of this Article, or has failed to supply sufficient or correct information, then the AAUP may request a meeting with the University within twenty (20) work days after receipt of the information, to discuss and agree upon changes necessary to comply with the Agreement.

    If the matter is not resolved, the AAUP may file a grievance concerning the interpretation, application or claimed violation of this Article or Articles IX, XI, XII directly with the Vice President for Employee Relations within forty (40) work days after receipt of the information. If in proceeding with the grievance, additional information is requested by the AAUP of which delivery to the AAUP would necessitate the identification of an individual or individuals, written authorization to release such identifying information must be obtained by the AAUP from the affected bargaining unit member(s). The Vice President for Employee Relations shall inform the President of the AAUP of the name(s) involved, and until the written authorization is obtained, both parties shall preserve the anonymity of the individual(s). The Vice President for Employee Relations shall consider the grievance and shall reply in writing to the AAUP within ten (10) work days after receipt of the appeal. If the AAUP is not satisfied with the written decision of the Vice President for Employee Relations, it may file a written appeal within fifteen (15) work days as provided in Step 4 of the grievance procedure.

12. In those departments where University service is used as a criterion for faculty evaluation, AAUP service may be considered as an activity appropriate to that category.