coe-fac: UO CBA Implementation: Exclusions for Supervisory Duties

[Shaun Haskins]

Dear COE Faculty:

As a follow-up to my message last week about requests for exclusion from the faculty bargaining unit based on supervisory authority, below please find information on what constitutes supervisory authority (taken from the uo-cba.uoregon.edu site FAQs).

Regards,

Shaun Haskins
Executive Assistant to the Dean
College of Education
1215 University of Oregon
Eugene, OR 97403-1215
haskins at uoregon.edu<mailto:haskins at uoregon.edu>
541-346-1218
Q: How are decisions made about who is in and out of the bargaining unit, and how will the university and union track faculty as they move in and out of the bargaining unit?
A: A faculty member’s status as represented or non-represented is straightforward in most circumstances. Faculty with instructional or research appointments who do not fall into an excluded class of employees,  are in the United Academics bargaining unit.
Oregon law excludes supervisory and “confidential” employees from collective bargaining units.

  *   In general, a supervisory employee is someone having the authority “to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibly direct them, or to adjust their grievances, or to effectively recommend such action.”
  *   In general, a “confidential” employee” is “one who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the area of collective bargaining.”
All UO faculty who hold administrative appointments with “president,” “dean,” “provost,” or “department head” in their titles are non-represented faculty. The areas where the distinction becomes more complicated are related to program directors and principal investigators on funded research grants. Here the determinative question is the level of supervisory authority over bargaining unit members. Generally, if the principal investigator on a grant supervises  bargaining unit members, he or she is not in the union.
Department heads and other faculty who move from instructional to administrative appointments are not represented by the union while holding an administrative position, but return to the union when they leave administration, unless they qualify as a supervisor.
The CBA requires the University to provide United Academics with a list of faculty appointments on a regular basis.
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