Academic Researchers UnitCBA Q&A SESSION WITH A FOCUS ON THE REPRESENTED RESEARCHER & PROJECT SCIENTIST SERIESCO L L EG E A P O

T U E S D AY, M AY 2 6 , 2 0 2 0

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GuestsErika Chau, Assistant Vice Chancellor for Academic Personnel, APO

Michelle Lee, Labor Relations Specialist, Campus Human Resources

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Academic Researchers (AR)Unit◦ Professional Researcher◦ Project Scientist◦ Specialist◦ Coordinator of Public Programs

Contract:https://ucnet.universityofcalifornia.edu/labor/bargaining-units/ra/contract.html

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Years of Service for AR'sAn AR's initial appointment effective date that falls between July 1st and January 1st constitutes a year of service?

A: Yes, this will constitute a year.

For example, an Assistant Project Scientist with an effective date of January 1, 2020, will have a first eligible merit date of July 1, 2021.

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8-Yr Limit Review – Project Scientist, Researcher, SpecialistFor campuses that adopt an eight-year limitation of service, service as a 50% or more [Academic Researcher] is limited to eight years of service (with the 8th year being the terminal year).

Effective 7/1/2013, there was an eight-year limitation on service for assistant researchers. Does the 8-year limit apply to project scientists, and specialists titles?

A: No

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Initial AppointmentAccording to the MOU, “All of the appointments leading up to the [Academic Researcher’s] first merit review shall be for a minimum of one-year terms, provided that there is work, programmatic need, and appropriate funding.”

Can a department offer an initial appointment shorter than one year, due to lack of work or programmatic need?

A: If there is documented proof of lack of work, lack of appropriate funding, or programmatic need, then the appointment can fall within the exception. Must be able to prove that it falls within one of the exceptions.

If so, what is the process for this request? What documentation is needed?

A: Case-by-case basis. Contact your divisional analyst.

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Initial Appointment, cont'dWe have a few without salary appointments (Project Scientist and Researcher Series) who have an affiliation outside of UCLA and are typically paid by another institution, but at times they do receive compensation here. When they end up receiving compensation, do they shift to a represented title and then follow the respective salary scale (e.g. Table 13-B (exempt) or Table 37-B (exempt)?

A: Yes, they would shift to a represented title.

If there is documented proof that lack of work, lack of appropriate funding, or programmatic need, then the appointment can fall within the exception. Must be able to prove that it falls within one of the exceptions.

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Voluntary Reduction by Non-PI Academic Researcher

When a non-PI AR voluntarily reduces the work effort due to personal reasons or other commitments, is this considered a reduction of time for layoff purposes?A: No, it is not considered a reduction of time for layoff purposes. However, written documentation must be secured from the non-PI and directed to the Dean's Office with the revised renewal form and History Record (HR).

When submitting a reappointment for an additional year is it acceptable to have percent variations if it is known that the work effort will fluctuate? The work effort fluctuation may be due to the project of the grant (coming to closure, or required assistance from the AR).For example, Fall at 100% (research lab projects), Winter at 75% (analyze data, generate reports), Spring at 50% (finalize data, assist with drafting manuscript).A: Case-by-case basis. Contact your divisional analyst.

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Voluntary Reduction by Non-PI Academic Researcher, cont'dWhat if in our attempt to acquire the written request for reduction in time, we get a response that they don’t find it to be voluntary, although the original understanding is that they are supposed to be self-funded?

A: You should build your own internal process on how you will manage these types of cases. This is a departmental process and not one we want to dictate. One possible course is:◦ Email individual that their funding is ending and ask for new fund source◦ If no new funds, then confirm via email that they are requesting to be

reduced/laid off/terminated◦ If reduced, complete paperwork, inform Dean’s office and wait for approval to

proceed to reduce◦ If laid off (individual is waiting for new grant expected in 3 months, thus, need

to be WOS), complete paperwork, inform Dean’s office and wait for approval to proceed to lay off

◦ If terminate, ask for their official resignation, inform Dean’s office and proceed to end their appointment

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Out of Unit MovementWhat is the process for shifting an existing AR into the non-represented title series due to their supervisory duties?

A: Direct the following to the Dean’s Office:◦ Letter requesting the change to include the AR's name, title, and effective

date of change (signed by the PI and endorsed by the Chair)◦ Supervisory Duties Checklist,◦ updated Job Description, detailing the supervisory role◦ updated CV and History RecordNote - Documents must be submitted 2-3 months prior to effective date. (union requires 30-day notice prior to effective date).

Will we be able to proceed with a retroactive effective date?

A: The effective date cannot be retroactive.

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Out of Unit Movement, cont'dWe might have a couple individuals who for some reason were not properly classified into the non-represented title code immediately following the implementation of the Academic Researcher Contract and have been doing supervisory work. What is the process that we would need to go through in order to shift them into the correct non-represented/supervisory title code?

A: Follow the scenario above as soon as possible. In addition, include the reason for the initial oversight. The effective date cannot be retroactive.

For those that are deemed supervisors, what additional updates are needed to UCPath, other than adjusting the non-represented title code?

A: Approval to supervisory role must first take place.

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Out of Unit Movement, cont'dAn Non PI AR was reappointed at 100% from July to June, and has requested a reduction in work effort to 0% from Oct to Dec. S/he expects to resume in January. Is this an out of unit movement request, and if so, do we need to provide the documentation required for out of unit movement or other?

Is the period from October to December considered a short work break? Ifso, is the short work break considered out of union movement where in the candidate would have a non-represented title code from Oct-Dec?

A: Case-by-case basis. Contact your divisional analyst.

When the supervisory role is eliminated or reduced to supervising 1 staff due to vacant position, what should happen to the non-represented supervisor title?

A: Case-by-case basis. Contact your divisional analyst.

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Self-Funded ResearchersWe have been considering having all of our self-funded researchers report to the chair, ideally effective July 1, 2020. What would this process entail? Do you see any implications of this adding to the workload of our department chair?

A: Chair’s workload is something the chair will need to gauge and determine. If you plan to shift every self-funded researcher to report to the chair, we will need to inform the union of this change for your department. Please send us a list of those being changed and a brief rationale, which we will need to forward and notice the union. Once all is clear, thereafter, you can inform the researchers that their supervisor is changing.

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ReappointmentsPer the MOU, with the first merit/promotion review, reappointments are for the normative time at rank and step, but in lots of cases we don’t know whether funding is available, whether they are self-funded or not. How should the department proceed when the department cannot confirm the funding source?

A: You will need to just assume they will be funded in the FAU you have and accordingly lay them off or update FAU, as appropriate.

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Reappointments, cont’d.Can you please provide some guidance on how renewal forms are to be completed if we know at the beginning of a particular year that someone’s percentage is going to be fluctuating a few times throughout the year? For instance, 100% from July 1 – October 30, 50% from November 1 – February 15, WOS from February 16 – June 30.

A: Case-by-case basis. Contact your divisional analyst.

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Reappointments, cont’d.If we have an academic researcher who just received a merit and should be reappointed for the normative years at step and they have a visa end date prior to the end of that normative time, what date should we be reflecting in the renewal form?

A: Normative end date since you are not sure if they will be renewing their visa. If they don’t renew their visa, and are returning home that is then considered them resigning from their post and not because we are discontinuing their appointment with us.

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Ranks & Steps -Researchers & Project Scientists

According to the contract, the use of overlapping steps (Assistant, Steps V and VI and Associate, Steps IV and V) is subject to each campus practice.

The rank and steps as indicated in The CALL are:

Assistant Project Scientist & Assistant Researchers, Steps I - IV, and

Associate Project Scientist, Steps I – III.

How do we proceed with the represented titles?

A: These overlapping steps do not apply to the represented and non-represented series at the UCLA campus.

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DeferralsWe have a handful of individuals who have previously deferred merit actions a number of times (particularly in the Assistant rank) and it’s possible they will continue to do so. Is there a limit as to how many times someone in the academic researcher unit can defer, particularly at the Assistant rank?

A: According to the contract, “Assistant Professional Researchers at all steps and Associate Professional Researchers, up to Step III, shall be reviewed every two years.”

They can defer but it is not recommended that they do. There is no limit on deferrals. However, they cannot defer in perpetuity.

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Merit and Promotion Review ProcessWe understand that departments are to be providing written notification to those in the Academic Researchers unit who are eligible for review at least 6 weeks before their materials are due. Are we able to place a deadline (prior to the 6 weeks) for when they must provide us with confirmation as to whether they will be proceeding?

A: Yes

Can we provide two separate deadlines for materials like we do with the ladder faculty? Would it be possible to give a shorter timeframe (not at least 6 weeks) in order to help us plan and potentially take their bias list into account as we need to make committee assignments?

A: You need to give them at least 6 weeks advance notice of a deadline. So if you want to ask for materials prior to, that’s fine, and it’s up to you how you stagger your deadlines as long as they have 6 weeks advance notice.

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Scenario #1A non-represented researcher (WOS) holds a one-year appointment. Halfway through the appointment, it is determined there will be a need for work effort, transitioning the candidate from non-represented to represented.

Does this increase require a minimum appointment of one year?

A: Case-by-case basis. Contact your divisional analyst.

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Special thank you to Erika & Michelle!

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