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UNEMPLOYMENT BENEFITS
If
you will not be working (or
working at a much reduced level) during the summer intersession you
have a right to apply for unemployment insurance benefits.
There are some important things to keep in mind when
applying for unemployment. First, call EDD directly rather than using
their website (800-300-5616). As easy as their website is to use, the
website is not set up to accommodate the unique nuances that affect
adjuncts. For example, their website will not give us the opportunity
to cite the Cervisi case. The 1989 Cervisi v. California Unemployment
Insurance Appeals Board states that adjunct faculty are eligible for
benefits because we are on short-term contracts that do
not
provide "reasonable assurance" of employment. Adjunct assignments are
contingent upon funding and enrollment. A request from your division
chair for your availability is not assurance of actual employment.
Remember you have no guarantee of a contract for the next semester
even if your name is in the schedule of classes. Lastly, it does
not
matter if an adjunct is being paid during winter or summer for work
previously completed (once you turn in grades, your work IS
completed!). These facts of the Cervisi case will be helpful to you
when you call to file for benefits.
When should you file? You should file for unemployment on the
last day of the semester, which is June 14. Yes, you may have a
paycheck coming from Glendale College afterwards (see above
paragraph), but when you turn grades in, you are unemployed! In the
past we have suggested using your last final exam day but this is no
longer safe. Human Resources, which reports your last work date,
cannot know every part-timer's last final exam date, so your last work
day is always reported as the last day of the semester. You,
therefore, must also use that date.
You also need to keep in mind that there is a week layover in
receiving that unemployment check. When you call, have ready your
social security number, and the name, address, and phone number of the
college. Be aware that some of the questions that are asked are meant
to trick you into saying that you will be back again teaching in the
fall, or they will ask if this is a break period. You have to let the
EDD know that you have been laid off because your contract ended and
just keep repeating, "I have no reasonable assurance of work with this
employer in the future."
Something else to keep in mind: some EDD personnel may not be
familiar with the Cervisi case and may deny your claim to benefits.
If that happens, appeal immediately and be prepared to cite the
Cervisi case again. Our Guild office will be available to help with
the appeal, which is not difficult to win.
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If you have ever looked at the
adjunct salary schedules at the end of our contract agreement you will
notice that Appendix B-1 has a “parity allocation.” Many newer part-time
faculty may not know what this additional percentage (around 10% of the
base hourly rate found in Appendix B-2) represents. In 2000 the state
legislature added three line items to the California community college
budget; the office hour line item, the medical benefits line item and the
parity pay line item. Each of these line items in the budget were set as
fixed amounts and were meant to provide some relief to part-timers who
were not getting paid salary or benefits equivalent to what full-time
faculty were receiving.
Specifically the
parity line item was meant to compensate adjunct faculty for the
preparation, grading and assessment work that they were doing outside of
their paid teaching hours. Full-time faculty have a required “load” which
designates the number of in-class teaching hours that they must provide
per week. Additionally they are also paid for the extra time that they
must spend preparing class lectures, grading papers or grading
assignments. A faculty member’s “load,” or in-class teaching hours, is
determined by how much of this out-of-class preparation and assessment
work is required in that particular discipline. In most credit subjects
where full-time faculty are required to teach 15 hours, they are paid for
one hour of preparation and grading for each hour taught. This is the crux
of the pay inequity that part-time faculty suffer. While we are paid for
our in-class teaching time, at what some would consider a reasonable rate,
when one factors in all the hours spent on preparation and grading the
overall compensation is poor. For those in subject areas where there is
even more assessment and grading necessary, such as English composition,
full-time faculty are paid for more hours of grading and are therefore
required to do fewer in-class teaching hours. Unfortunately the adjuncts
in those areas are not compensated at all for the time spent grading
papers, and because of the “60% Law” (see last month’s
Chaparral
article) cannot even teach as many in-class hours as part-time faculty in
other disciplines. On the other hand, full-time faculty in other
departments such as Physical Education or non-credit ESL are deemed by the
district to be relatively free from grading written work, so they are
expected to put in more in-class teaching time. These full-timers are
somewhat compensated for preparation but not for grading. The light
grading load of part-timers in those divisions, in effect, makes their
overall teaching pay higher.
Under the law
that provided for this parity line item in the state budget, there was
also a requirement that districts come to a definition of the duties and
hours that an adjunct must provide to the college in order to get paid
comparably to their full-time colleagues. We at Glendale College are now
ready to tackle this task. While the in-class teaching hours are evident,
we must come to a clear understanding of how much outside work is required
in each discipline so that we can remunerate those adjuncts who are
providing more of the uncompensated hours of grading. This would in turn
give us a clearer picture of how much more or less each adjunct was
receiving than a full-time counterpart. As we do this assessment, a clear
percentage should emerge of how far part-timers are from their full-time
colleagues in terms of pay, and we can hopefully all work to right these
inequities.
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