ITEM 106-104-R0100 Attachment


Board of Regents


Sue Hill, Director, Labor Relations and Personnel


Approval of Tentative Agreement with Montana State University-Northern Federation of Teachers


January 20-21, 2000

Attached is a summary of the tentative agreement with faculty at Montana State University-Northern. The agreement covers FY 1999 and FY 2000.

The only increases granted faculty in FY 1999 are a $285.00 experience point and promotions. The agreement acknowledges that the salary increase implemented in FY 1999 is 3.36% less than the 6.23% increase targeted in the four-year quality, productivity, and accountability plan. In FY 2000, faculty will receive a $285.00 experience point effective August 1, 1999, and a 2.3% base increase effective November 15, 1999. This means the average faculty salary will increase by 3% in FY 2000 but with the delayed implementation date, the cost of the increase to the campus is 2.15%.

The evaluation procedures were clarified and updated but those changes are not substantive. A new provision was added to deal with alternate delivery of degree programs and courses. Under the agreement faculty will receive $55.00 per student credit hour for the instruction of alternate delivery courses taught outside of their normal course load. The union also agreed to allow additional compensation for a department chair if the chair is significantly under compensated compared to other chairs.

A major sticking point in negotiations was the union's desire to increase the compensation for overload. Ultimately the compensation for credits taught over twenty-five remained at $650.00. The administration agreed, however, to give faculty an additional $100.00 for teaching the twenty-fifth credit but such increase does not go into effect until FY 2001. In return for the concession on overload the faculty agreed to explore the desirability of including scholarship in the evaluation process for tenure and promotion.

When this memo was prepared the faculty at MSU-Northern had not yet ratified the tentative agreement. If the faculty do not ratify the tentative agreement prior to the date of the board meeting, this agenda item will be withdrawn.

xc: Chancellor Rao

Commissioner Crofts

 Summary of Tentative Agreement

with the

Montana State University-Northern

Federation of Teachers Local 4045

1. Memorandum of Understanding - FY 1999 Salaries

The parties to this agreement understand that due largely to unmet enrollment targets, a discrepancy of 3.36% in the salary base exists between the FY 1999 Administration salary proposal and the previous 6.23% salary target pool in the four-year quality, productivity and accountability plan.

This memorandum of understanding is a no-obligation/non-binding agreement for future negotiations.

2. Memorandum of Understanding - Scholarship

The union and administration wish to mutually explore the desirability of including scholarship (i.e., participation in the expansion and development of knowledge and/or demonstrating currency in one's field) in the process of evaluation for promotion and tenure. This discussion may include a discussion of resources necessary to implement such a proposal.

3. FY 2000 Salaries

A. Implement one experience step ($285.00) effective August 1, 1999.

B. Increase base salaries by 2.3% effective November 15, 1999.

4. Revise sections 7.3, 7.4, 7.5 and 7.9 as follows:


The responsibility for submitting an application for promotion, tenure or continuation of probationary appointment rests with the applicant. Any faculty member seeking promotion, tenure, or continuation of probationary appointment must file an application with its supporting documentation in the office of the Provost by December 1. Documentation must address the applicant�s accomplishments in the areas of the professional evaluation criteria described in section 7.2.

The Provost shall, by December 6, forward the application to the faculty evaluation committee of the department in which the applicant holds an appointment. The faculty evaluation committee shall include all tenured members of the department; in the absence of at least three tenured members, additional members will be chosen from the tenured faculty of the university by the department faculty in consultation with the department chair. To consider an application for promotion, the committee must include at least one member of equal or greater rank than that applied for; in the absence of a qualified department member, the faculty evaluation committee, in consultation with the department chair, will select a qualified member of the university community.

The faculty evaluation committee shall forward recommendations concerning each applicant to the department chair, the Provost and the applicant by February 15.

The department chair shall forward his or her recommendation to the Provost and the applicant, with a copy to the chair of the faculty evaluation committee by March 1.

Failure of either the faculty evaluation committee or the department chair to submit timely recommendations shall not constitute a flaw in the process described herein.

The Provost shall forward a recommendation to the Chancellor and the applicant, with copies to the department chair and the chair of the faculty evaluation committee, by March 31.

All recommendations by the faculty evaluation committee, the department chair, and the Provost must faithfully reflect the professional judgment of the evaluators as to adequate performance according to the professional evaluation criteria described in section 7.2 of this agreement. Each evaluator must sign a statement reflecting his or her independent judgment and the reasons for that judgment.

The Chancellor will notify the applicant of his decision regarding tenure or promotion by April 30. If approved by the Chancellor, any recommendation for tenure or promotion shall be forwarded to the Board of Regents by May 15.

Tenure and promotions granted by the Board of Regents shall become effective beginning the next academic year. The recommendation and statement of reasons of all persons evaluating applicants shall become part of the individual�s personnel file and the copies shall be sent to the faculty member.

Section 7.4. PEER REVIEW.

The parties recognize that peer review is an effective method of evaluating contributions to the university. Peer evaluations shall be required for: (1) probationary faculty in each probationary year after their first (1st) year; (2) all faculty when applying for promotion or tenure; and (3) all post-tenure reviews in accordance with 7.7. Each faculty member who is to receive peer reviews shall request written evaluations from three peers from the university or the faculty member�s professional field who have knowledge of that faculty member�s teaching effectiveness and/or scholarly development and/or service. Peer reviewers will apply the professional evaluation criteria established in section 7.2 of this agreement. To the extent possible, peers selected by the faculty member should include persons with similar teaching assignments, similar academic preparation, equal or higher rank and equal or higher degrees. Peer reviews shall include a written narrative of the faculty member�s strengths and weaknesses. Peer reviews shall be conducted no later than November 15. The faculty member being evaluated shall receive a copy of each peer review and shall have an opportunity to respond to or qualify any aspect of the peer review. Peer reviews shall be included with the evaluation materials and shall be made available to the faculty evaluation committee, department chair and administrators with faculty evaluation responsibilities. Classroom visitations by peers will be scheduled by mutual agreement.


Each faculty member on a probationary appointment will be evaluated during the first year of service by the Provost or his or her designee and that evaluation will be made available to the faculty member no later than March 31 of each year. During each probationary year after their first (1st) year, the faculty member shall be given a performance evaluation according to Section 7.3 of this agreement.

Probationary faculty shall, within six (6) months of initial appointment, develop a plan which outlines the proposed activities which will be undertaken to demonstrate readiness for promotion and/or tenure. Such a plan is subject to approval by the department chair, the Provost, and the Chancellor. A faculty member�s progress in achieving the goals set forth in their plan will be reviewed annually as a part of the evaluation process. Either the faculty member, the department chair, the Provost, or the Chancellor may initiate a change to the plan by giving written notice of needed changes to all of the parties involved.

The review process for continuance of probationary appointments should be vigorous throughout the probationary period. It should be expected that a probationary faculty member shows increasing effectiveness in teaching, or consistent effectiveness in cases of individuals where teaching is fully satisfactory from the start. The candidate�s achievements in another evaluation area should show progress toward meeting the tenure requirements.

In the case of faculty members who were appointed with the requirement of completing the terminal degree, requirements for the degree should be completed before the end of the fourth (4th) probationary year to allow two (2) years of evaluation subsequent to the completion of the terminal degree.

Reappointment of probationary faculty members shall be at the discretion of the employer who may, but shall not be required to, state reasons for the decisions. The Chancellor shall not be obligated to adhere to recommendations from the faculty evaluation committee, peers, or any administrator regarding the reappointment of probationary appointments.


(First Paragraph.)

Faculty members shall be eligible for promotion in rank when they have met the minimum threshold criteria described herein. Application for promotion may be made during the year in which the faculty member will meet the minimum threshold criteria for promotion. Individuals fall within either Category A or B as listed below:

(Move "Business" from Category A to Category B.)

5. Modify Section 3.15 PAY DAY as follows:

During the academic year, normal payday will be on the eleventh (11th) of each month unless the eleventh (11th) falls on a weekend in which case payday shall be on the preceding Friday. Exceptions may occur due to unforeseen circumstances over which the employer has no control. The employer will offer ten (10) or twelve (12) paychecks at the employee's annual choice. The employer may change to an every-other week payday. If the employer changes to an every-other week payday, the employer will offer twenty-two (22) or twenty-six (26) paychecks at the employee's annual choice.

6. Add the following new provision at Article 10.3 :


This agreement defines assignment of and compensation to faculty members that utilize alternate delivery techniques to meet degree, education and training needs of regional constituents.

1. Full implementation of this agreement is dependent upon sufficient funding for the initial investment in design, training, equipment, marketing, support, and compensation.

2. Alternate delivery is defined as methods of delivery that are not within the confines of the traditional classroom (space and time).

a. Included are diverse distributed learning and technology-mediated learning modes, delivered anyplace/anytime to students at a distant location from the instructor.

b. Electronic technologies and techniques are a primary approach to delivery.

c. Independent study is not included in this agreement.

3. Methods of delivery may include, but are not limited to, computer mediated, videotape, audiotape, audio conferencing, hard copy, interactive television, other techniques and technologies, or a combination.

4. Faculty member participation in alternate delivery of courses and degree programs will be voluntary. If the faculty member(s) declines to offer the course(s), the provost or chair/interim dean may seek other means including, but not limited to, part-time instructor, contracted course or referral to another institution's offering, to present the course(s).

5. Program and college faculty will propose degree programs and/or courses, and alternate delivery methodologies and technologies. Proposals for funding must include a statement of outcomes and cost/benefit analysis.

6. The college chair/interim dean and provost, after consultation with the program faculty, will make the decision as to the degree/course to be offered and the faculty member(s) to deliver the offering. Faculty within whose discipline a course offering normally would reside will have first consideration in filling the applicable instructional post.

7. Preference will be given to degree programs that use a cohort group and/or concurrent alternate delivery enrollment with on-site scheduled courses.

8. The maximum enrollment in an alternate delivery course is dependent upon the method and technology adopted for delivery. The faculty member delivering the course and chair/interim dean will mutually reach a determination of the course cap.

9. Compensation

The faculty member and college chair/interim dean will select an arrangement for compensation for alternate delivery.

a. As part of the faculty member's normal load assignment (not eligible for additional compensation).

b. Alternate delivery concurrent enrollment in a regularly scheduled traditional campus or center course (normal or overload) is compensated at $55.00 per student credit hour.

c. Instruction of an alternate delivery course outside of normal course load is compensated at $55.00 per student credit hour (not available for ITV delivery).

d. ITV delivery will be compensated at $200 (present value) per course (not eligible for per student credit hour compensation).

e. Compensation for regularly scheduled traditional course workload in excess of 24 credit hours (overload) is covered under section 3.10 and is not eligible for per student credit hour compensation.

f. Payment for alternate delivery enrollments, other than for a normal assignment, will be made in equal monthly installments following the last day to drop with a refund or at the end of each semester.

10. Management has the responsibility and authority for determining whether sufficient funding is available to offer alternate delivery degrees and courses.

7. Modify 13.9 DURATION as follows:

This agreement shall be in full force and effect from ten (10) days after ratification by both parties. Should either party seek to modify this agreement it shall give written notice no less than ninety (90) days prior to the June 30, 2000 expiration date. Negotiations may commence at any time thereafter.

Any provision of this agreement may be open for renegotiation by mutual agreement.

8. Modify 3.10 WORKLOAD, Section B, as follows:

B. When the administration assigns a faculty member to teach more than twenty-five (25) credit hours per academic year, the faculty member shall receive $650.00 per credit hour for those hours taught over twenty-five (25) in the 1999-2000 academic year. In the 2000-2001 academic year faculty shall also receive $100.00 for the twenty-fifth (25th) credit.

9. Add the following new language to the end of section 6.5. D. COMPENSATION FOR DEPARTMENT CHAIRS:

If a newly appointed chair is significantly under compensated compared to other chairs, the administration may offer additional compensation up to the equivalent value of twenty (20) salary points. This additional compensation shall continue only as long as the individual serves as chair. Since the additional compensation is for administrative duties, it may not come from faculty salary budgets.