Legal Question in Education Law in California

The short paragraph below is found in the bargaining agreement at a CA CC. It concerns retention/dismissal of part-time instructors. QUESTION: In your opinion, is there any ambiguity in the paragraph?

Oart-time faculty are employed on a semester-by-semester bases, at the discretion of the District. Those part-time faculty, who have had satisfactory performance in their previous evaluation, shall receive first consideration over part-time applicants for tentative assignments in courses previously taught by the part-time faculty member at that college.

Sincere thanks for your response ....

Asked on 2/22/13, 10:22 am

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

You indicated that this is a passage in a "bargaining agreement." Does this mean that part-time faculty are represented by some sort of faculty association or union and that the agreement for part-time was arrived at through collective bargaining? Not only is it vague, but it gives absolute discretion to whomever is doing the hiring. If this was bargained for, you folks need a new union. You and the other faculty "represented" by the bargaining representative are stuck with this. All that the passage means is the hiring officer "shall" give first consideration in being re-hired for courses that they have previously taught. "First consideration" means nothing.

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Answered on 2/22/13, 3:10 pm

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