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Outsourcing public jobs results in a race to the bottom

A new report from In the Public Interest looks at what happens to communities, and to the quality of life of the workers who provide important public services, when those services are outsourced to for-profit and other private entities.

Court says Mich. research assistants have right to bargain

A United States District Court has ruled that the Legislature and governor of Michigan violated the state's constitution in 2012, when they passed and signed into law a provision saying graduate research assistants at the University of Michigan are students, not employees, and therefore don't have the right to decide on the question of collective bargaining.

If you would like more information on how you can get your state or local organization involved in FACE, contact AFT Higher Education.

One avenue for addressing the problems facing our academic staffing structure is through legislation. Below is a catalog of state legislation that addresses a variety of issues related to our academic staffing structure, with a particular emphasis on legislation designed to improve the working conditions of contingent faculty, who include non-tenure track, part-time and adjunct faculty.


 


Current legislation is listed by state, including a brief description of the bill, any major action that has been taken, and the name of the bill’s primary sponsors. Proposed FACE legislation is included with each state (where applicable), but if, however, you would like just a listing of FACE legislation, you can go here.


 


This list is definitely a "work-in-progress". So if we missed relevant legislation in your state, please contact us at: highered@aft.org.


 



 

CALIFORNIA


 


FACE legislation:


Assembly Bill 1343 (2007)


FACE legislation; encourages colleges to employ full-time tenure track instructors for 75% of undergraduate education. Also requires pro-rata pay and comparable benefits for contingent.


          

 


Other legislation enacted:


Assembly Bill 420 (1999)


Authorizes a comprehensive study on part-time faculty at California Community Colleges which led the California Postsecondary Education Commission to release the Report on Part-Time Faculty Compensation in California Community Colleges. In this report they examine the pay, benefits and employment patterns of part-time faculty at city colleges in comparison with their full-time colleagues and, based on their findings, make recommendations for the improvement of part-time faculty hiring procedures.


 


Other legislation proposed but not enacted:


Assembly Bill 591 (2007)


Legislation enacted for non-tenure track, temporary faculty employees at community colleges ensuring comparable pay and benefits to temporary faculty doing a comparable amount of work to tenure track faculty.


           

 


Assembly Bill 1305 (2007)


Allocates funds to provide more full-time faculty positions at community colleges. It requires community colleges to have 75% of their courses taught by full-time instructors, and any program that does not meet that percentage is    required to re-allocate money toward creating more full-time positions. 


          

 


Assembly Bill 906 (2007)


Authorizes a random state-wide audit of community college districts to assess the amount of money being put toward instructor salaries, and to mandate that 50% of the districts’ education funds are put toward instructor salaries.


            

 


Senate Bill 859 (2007)


Authorizes the issue of visiting faculty permits to teachers of English as a Second Language who have three years’ prior teaching experience and possession of a credential.


           

 


 


CONNECTICUT


 


FACE Legislation:
Assembly Bill 7187 (2007)
Requires state schools to offer adjunct faculty members a pro rata pay salary  equitable with full-time faculty members for doing comparable work, as well makes them eligible for employment, retirement, and insurance benefits comparable to full-time faculty. Also requires academic departments in state schools to increase full-time faculty to that 75% of courses are taught by full-time instructors.
           


Other legislation proposed but not enacted:
Assembly Bill 7271 (2007)
Allocates money from the General Fund for Operating Expenses to Regional- Technical Colleges, the Connecticut State University System, and the University of Connecticut for the purpose of increasing the number of full-time faculty at each institution.
           


 


MASSACHUSETTS


 


Legislation proposed but not enacted:
House Bill 189(2005)
Grants retirement benefits to part-time faculty who teach courseloads equivalent  to that of full-time faculty in a calendar year.
           


 


MICHIGAN


 


Enacted Legislation:
House Bill 4232(2007)
Makes part-time faculty eligible for the Optional Retirement Program available to  employees of the Michigan public school system.
           


 


NEW JERSEY


 


FACE legislation:


Assembly Bill 4364 (2007) 


“Restoring the Ranks of Full-Time Faculty Act.” Ensures that 75% of coursework is taught by full-time faculty and provides preferential consideration to current part-time, adjunct faculty for newly created full-time positions.


          

 


Assembly Bill 608 (2006)


Requires colleges to provide part-time graduate instructors with training in teaching skills before they give classroom instruction to undergraduates.


          

 


Assembly Bill 4192 (2007)


Provides contingent faculty with eligibility to participate in the State Health Benefits program. Applies to faculty whose workload is 25% or more of the established workload of full-time faculty.


           

 


Senate Bill 2932 (2006) (same as Assembly Bill 1207)


Requires part-time faculty salaries to be determined on a pro rata basis and be comparable to full-time faculty salaries.


           


 


NEW MEXICO 


 


FACE Legislation:
House Bill 591 (2007)
Requires academic programs to have 75% of courses taught by full-time faculty,  allows existing adjunct and part-time faculty opportunities to fill newly created  full-time positions, and institutes a pro rata salary plan for part-time faculty  comparable to full-time faculty.
          

 


Other legislation enacted:
House Bill 384 (2007)


Requires the higher education department to issue a report outlining the various  aspects of higher education in the state, including faculty issues such as number of  part-time and full-time instructors, and differences in compensation, pay rate, and  benefits, as well as recommendations for further improvement.
           

 


 


NEW YORK


 


Legislation proposed but not enacted:


Assembly Bill 2515 (same as Senate Bill 4845) (2007)


An amendment to the Labor Law. Stipulates that an offer of employment to part-time faculty based on changing enrollment or program does not constitute reasonable assurance of continued employment. In doing so, this bill insures that part-time faculty are eligible for unemployment benefits.


          

 


Assembly Bill 4283 (2007)


An amendment to previous education law. Requires community colleges in New York to maintain a ratio of 70% full-time faculty to 30% contingent faculty.


          

 


Senate Bill 3904 (2007)


Requires that 60% of courses taught at the community college level in the state are taught by full-time faculty.


           

 


 


OREGON


 


FACE legislation:


Assembly Bill 2578 (2007)


“The OregonUniversity System Faculty Restoration and Equity Fund and Community College Faculty Restoration and Equity Fund.” Requires 75% of courses taught at the university and community college level to be taught by full-time faculty, establishes a pro rata salary for non-tenured faculty comparable to tenured faculty, and guarantees health care benefits for non-tenured faculty teaching at least 50% of the workload of a full-time faculty. Also waives student feeds for graduate instructors.


          

 


 


PENNSYLVANIA


 


FACE legislation:


House Bill 871 (2007)


“Higher Education Faculty Restoration and Equity Fund” – requires equal pay for part-time faculty on a pro rata basis and the provision of an employee retirement plan for part-time faculty teaching at least 50% of a full-time workload. Also requires academic departments to have at least 75% of coursework taught by full-time faculty.


          

 


Other legislation enacted:


HR 376 (2001)


Directs the Joint State Government Commission to authorize a study on part-time faculty employment. Led to the release of the Part-Time Faculty At Institutions of Higher Education in the Commonwealth of Pennsylvania Report in 2003, in which an advisory committee examined trends in part-time faculty hiring at institutions of higher education, as well as patterns in their pay, benefits and employment. The report also makes recommendations for the improvement of part-time faculty hiring procedures.


 


 


RHODE ISLAND  


 


FACE legislation:
Assembly Bill 6367(same as Senate Bill 0554) (2007)
Requires 75% of courses at colleges and universities to be taught by full-time or  tenure- track faculty, and grants preferential consideration to existing part-time or  adjunct faculty for newly created tenure-track positions.

          

 


 


TEXAS


 


Legislation proposed but not enacted:
House Bill 543(2007)


Makes adjunct faculty members under contract for nine or more semester hours in  an academic year eligible to participate in their institution’s group benefits  program and receive health and employment benefits.
          

 


 


VERMONT


 


FACE legislation:
Senate Bill 198(2007)
 Establishes pro rata pay for adjunct and part time faculty comparable to full time  faculty, as well as makes part-time faculty eligible to participate in retirement  plans and health care benefits. Also recommends that colleges and universities set  goals for increasing the number of full-time instructors on their faculty.
           

 


 


WASHINGTON


 


FACE legislation:


House Bill 1875 (2007)


Requires 75% of faculty positions in colleges and universities to be filled by full- time, tenured faculty. Also increases salaries for full-time faculty to adjust for rises in the cost of living, establishes pro rata pay comparable to full-time for part-time faculty doing comparable amounts of work, and grants preferential consideration to existing part-time faculty for newly created full-time positions.


          

 


Senate Bill 5020 (2007)


Substitute bill for Senate Bill 5514 (which is the companion of House Bill1875). Pertains specifically to two-year and community colleges. Aims to increase full-time positions at community colleges by 10%, increase salaries of full-time faculty to adjust for increases in the cost of living, and establishes a pro rata salary rate for part-time  faculty doing a comparable amount of work to full-time faculty.


          

 


Other legislation enacted:


House Bill 1644 (companion to Senate Bill 5609) (2007)


Provides continuous health-care coverage and employee benefits during the summer to part-time faculty at community colleges based on their workload during the academic year.


           


Other legislation proposed but not enacted:


House Bill 1660 (companion to Senate Bill 5020)


Establishes one salary schedule for all community college faculties and requires   that part-time faculty be placed on the appropriate step in the salary schedule based on their experience and qualifications. Also mandates that part-time faculty be paid on a pro-rata basis.


          


Senate Bill 5019 (2007) (same as House Bill 1452)


Creates a new senior faculty position for non-tenure track faculty at community colleges, confers associate faculty status on non-tenure track faculty who have taught for more than nine quarters, and allows associate faculty to have first  refusal and “bumping” rights in course selection, and annual contracts.


           


 


WEST VIRGINIA


 


FACE legislation:
Assembly Bill 2965(same as Senate Bill 432) (2007)
 Sets up a “Faculty Restoration and Equity Fund” to meet the goal of increasing  the number of full-time faculty positions to 75% for colleges and universities, as well as to establish a pro rata salary rate for part-time and adjunct faculty doing comparable workloads as full-time faculty and eligibility for retirement and healthcare benefits.