Clarifications Regarding Recent Changes to Part Time Teaching Assignments

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01/24/2023

Who does CCFF Represent?

• Approximately 230 FT faculty (instructional, non-credit, counseling, librarian, instructional specialist)
• Approximately 900 PT faculty (only employed by the college as instructional, non-credit, counseling, librarian, instructional specialist) of the 900 PT faculty, approximately 600 PT faculty actively working per term
• Faculty unit: 38% FT faculty & 62% PT faculty
• 9 out the 18 affected FT classified staff who have dual CCFF & CSEA membership
• We cannot represent managers who also teach/work in the faculty unit

Current working conditions for part-time faculty

• CA Community College System--dropped 18% in enrollment between Fall 2019 & Fall 2021
• Cerritos College Enrollment--dropped 19% in enrollment, Fall 2019- 7672 FTES & Fall 2021- 6196 FTES
• Less access to part-time assignments
• Less access to employment security
• Less access to benefits

Why allowing administrators/managers to hold assignments in the faculty unit can be problematic

• Maintaining legal and equitable standards (recruiting, interviewing, hiring- Senate purview)
• Assignment conflict of interest—District right of assignment
• Conflict of interest in evaluation
• Displacing part-time faculty and full-time faculty overload

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What is happening?

There are currently 18 full-time classified and 8 full-time managers serving in instructional or non-credit or counseling or librarian or instructional specialist positions—in some instances up to 9 units in a given semester- capping out at 67%

18 classified- on average 2 sections per semester = 36 sections

8 managers- on average 2 sections per semester = 16 sections

52 sections total per semester

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The District has issued a letter/memo (via certified mail) to all of these employees

Beginning Aug 1, 2023 the following will occur:

• Full-Time (permanent) classified employees and managers are limited to teach one (1) class or the equivalent in a faculty assignment per calendar year
• Full-Time (permanent) classified employees and managers who teach one (1) class or the equivalent in a faculty assignment per calendar year, will be required to take an unpaid leave/leave of absence to work these assignments (no sick leave or vacation)

Federal Fair Labor Standards Act & Blended Rate

Federal Fair Labor Standards Act (FLSA)- requires overtime pay at time and one-half (1½) the regular rate for all hours worked over 40 hours in a workweek.

• Exempt employees are not subject to FLSA rules (e.g., full-time faculty, part-time faculty, academic and classified administrators/managers, etc.)
• Non-Exempt employees are required under FLSA to be paid overtime pay for all work in excess of 40 hours (e.g., permanent full-time classified employees)

Blended Rate- requires incorporation of several different wage amounts for employees paid differently for different functions. The blended rate must be at least 1.5 times the weighted average of all the employee's non-overtime wages

Misconceptions and Questions

• This issue is limited to classified staff who teach/counsel only
• Incorrect. The new policy affects 18 full-time classified staff and 8 managers who currently hold part-time instructional or non-credit or counseling or librarian or instructional specialist positions

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• This change comes from something that CCFF negotiated
• Incorrect. The CCFF did not negotiate or help to create the new policy in anyway. There is no MOU between CCFF & the District on this issue

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• The CCFF should bargain to allow full-time classified staff to teach part time
• Incorrect. CCFF is not able to bargain wages for a classified position and vice versa. Impacts and effects of this policy are only within the purview of CSEA negotiations (i.e.,based upon the member’s primary assignment)

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• Is this the first time this issue has ever come up?
• No. Over the course of the last 8 years, CCFF has addressed this with administration, but administration has not taken any formal action until recently

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• What do other community college districts do?

Community college districts that do allow assignment(s) in the faculty unit:

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El Camino- admin/managers cannot teach. Classified - required to take a leave of absence from their regular assignment; allow partial leave

LACCD- admin/manager cannot teach in the area they supervise. Classified are paid blended rate, outside their work hours

LBCCD- blended rate for admin/managers & classified

Miracosta- FT exempt employees can teach, part time classified employees can teach

Mt SAC- Case by case, needs or technical expertise cannot otherwise been fulfilled

SBCC- admin/managers cannot teach. Classified 1 class per semester, outside their work hours

Community college districts that do not allow any full-time permanent (classified & manager) employees to hold assignment(s) in the faculty unit:

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• Antelope Valley
• Barstow
• City College of San Francisco
• Compton
• Glendale

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• Imperial
• North Orange County (Cypress, Fullerton, Non-Credit)
• Rio Hondo
• Santa Monica
• South Orange County (Irvine, Saddleback)

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What the CCFF Membership can do?

• Talk to those impacted and advise them to file a government claim for back pay for three (3) years of missing overtime pay using a blended rate—this will also ensure they receive overtime pay for the Spring 2023 semester & backpay
• Resources:
• Government Claim Form- Email Lynn, April or Mariam
• SBCC MOU
• LACCD Classified Staff CBA