SETTLEMENT AGREEMENT Professional Staff Congress/CUNY
The City University of New York et al
(Three-year adjunct appointment inclusion of programs: pilot)
1. The Professional Staff Congress/CUNY ("PSC") hereby withdraws with prejudice the grievance filed to arbitration on or about September 22, 2017 entitled “PSC v. The City University of New York-Lehman College, LaGuardia Community College, The City College, Medgar Evers College, College of Staten Island on behalf of all affected members of the instructional staff alleging “Failure and refusal to consider teaching adjuncts for three year adjunct appointments where adjuncts have been appointed to an academic department and their courses are counted toward the Freshman Year Initiative LEH, College Now, adult degree program, TELC, SEEK, The Presidents' Office, The Provost or any other programs. Failure and refusal to provide notice of non-reappointment or reappointment consistent with contractual timeframes” currently pending before the American Arbitration Association ("AAA") [PSC v. CUNY, AAA 01 17 0006 3948]. Within seven (7) days of the effective date of this Settlement Agreement, the PSC shall notify the AAA of the withdrawal with prejudice of the grievance referenced in this paragraph. A copy of such notification shall also be sent to the undersigned counsel of The City University of New York ("CUNY").
2. The PSC, on behalf of all instructional staff, agrees to withdraw with prejudice any other outstanding actions, claims, appeals, proceedings, complaints, grievances, or arbitrations made internally at CUNY or pending in any court, administrative agency, or other forum or tribunal regarding the subject matter of the grievance and arbitration described in paragraph 1 above, and further agrees not to initiate any action, claim, appeal, proceeding, complaint, grievance, or arbitration internally at CUNY or in any court, administrative agency, or other forum or tribunal, against CUNY, or any of its colleges and/or professional schools or graduate schools ("CUNY Colleges"), or any of their trustees, officers, employees, or agents, regarding the subject matter of the grievance and arbitration described in paragraph 1 above, and regarding the terms of this Settlement Agreement, except as may be necessary to enforce this Settlement Agreement.
3. The parties agree that the pilot program for Multi-year Appointments for Teaching Adjuncts ("Pilot") set forth as Appendix E in the 2010-2017 Collective Bargaining Agreement Between The City University of New York and The Professional Staff Congress/CUNY and annexed as Appendix A shall be implemented as follows during the remainder of the Pilot period, including any extensions negotiated by the patties:
The service eligibility requirements set forth in paragraph 2 of the Pilot that a teaching adjunct "has taught at least six (6) contact teaching hours per semester within the same department of the college" shall include the contact hours taught in certain programs, as set forth in Appendix B.
4. The parties further agree that the terms of this Agreement shall apply when determining whether a teaching adjunct has met the service eligibility requirements set forth in paragraph 2 of the Pilot for prospective three-year appointments commencing with the 2019-2020 academic year.
5. Adjuncts who meet the new service eligibility requirements set forth in paragraph 3 above as of the Spring 2019 semester - and, paragraph 4 above notwithstanding, those adjuncts who would have met said requirements as of the Spring 2018 semester, had they been in effect then - will be considered during the Spring 2019 semester for a three-year appointment commencing with the start of the 2019-2020 academic year, in accordance with paragraphs 2 and 4 of the Pilot.
6. The parties agree that, when applying the terms of this Agreement, the Department P&B committee which conducts the comprehensive review pursuant to paragraphs 4 and 2 of the Pilot may obtain and consider information from the Director(s) of the Program(s) whose course hours are included towards the six hour requirement, and that the Department Chair (or assigned P&B member) may include such information in the annual evaluation of the affected adjunct.
7. The parties agree that neither the PSC nor any individual Teaching Adjunct may grieve or legally challenge the inclusion or exclusion of eligible contact hours as set forth in Appendix B and that only programs set forth in Appendix B may be included in determining whether a teaching adjunct has met the service requirements set forth in paragraph 2 of the Pilot. Any program established or modified after the final execution of this Agreement may be added to Appendix B by agreement of the parties.
8. For all other purposes except those specifically listed in this Agreement and Appendix B, the PSC/CUNY Collective Bargaining Agreement including all other provisions of the Pilot shall continue to be applied.
9. This Settlement Agreement constitutes the entire agreement entered into by the parties, and it supersedes any prior communications between the parties, whether written or oral, concerning the subject matter hereof.
10. This Settlement Agreement cannot be supplemented, amended, or modified in any manner, except in a writing signed by all of the parties to this settlement agreement.
11. CUNY and CUNY Colleges do not admit any violations of law or the collective bargaining agreement between the parties or any wrongdoing whatsoever, and this Settlement Agreement shall not be construed, understood or used as evidence of any such admission.
15. This Settlement Agreement may be executed in several counterparts, each of which shall be deemed an original and which, taken together, shall constitute one and the same instrument. Duplicate and facsimile copies of this Settlement Agreement will have the same force and effect as the original.
16. The terms of this Settlement Agreement shall not serve as precedent and neither this Settlement Agreement nor any of its terms may be used as evidence regarding any underlying procedural or substantive issues involved herein, in any action, appeal, proceeding, claim, complaint, grievance or arbitration of any kind, except to enforce the terms of this Settlement Agreement.
17. This Settlement Agreement shall be effective and binding only upon its execution by all of the parties listed below.
18. The effective date of this Settlement Agreement shall be the latest date below.
For Professional Staff Congress/CUNY Date
For the City University of New York
Office of Labor Relations
For the City University of New York,
Office of General Counsel