Article XXIV - Professional Duties II. Academic Staff
http://www.aaup-aft.wayne.edu/Contract/art24.html

A. Definition of Duties
The duties of academic-staff members shall be reasonable and fair and shall reflect professional assignments, professional development/achievement, and service to Wayne State University.

B. Request for Review of Change of Duties
1. If a substantial change in the duties of an academic-staff member is proposed that s/he considers contrary to his/her responsibilities, s/he should first seek to settle the dispute via a meeting with the dean/director/vice-president. The request for a meeting must be made in writing within ten (10) working days after notification of the proposed duties change by certified mail or after having been personally served. At the academic-staff member's option, an AAUP-AFT representative may be present at the meeting.


 If a mutually agreeable solution is reached at the conclusion of the meeting, the dean/director/vice-president will write a new job description for the academic-staff member. The new job description will be provided within ten (10) working days. If the academic-staff member agrees with the new description of duties, s/he will sign it, and it will be effective on the date to which s/he and the dean/director/vice-president agree.

2.1. If a mutually agreeable solution is not reached at the conclusion of the meeting, the academic-staff member may request that the dean/director/vice-president provide written reasons for the change in assignment. The written reasons will be provided within ten (10) working days.

2.2. Within ten (10) working days of the receipt of the written reasons for the change in assignment from the dean/director/vice-president, the academic-staff member will provide a written statement to the dean/director/vice-president presenting the reasons for which the proposed substantial change in his/her duties is contrary to his./her responsibilities.

2.3 .The dean/director/vice-president will schedule a meeting with the academic-staff member within ten (10) working days of receiving his/her statement of the reasons the proposed substantial change in his/her duties is contrary to his./her responsibilities. At the academic-staff member's option, an AAUP-AFT representative may be present at the meeting.

If a mutually agreeable solution is reached at the conclusion of the meeting, the dean/director/vice-president will write a new job description for the academic-staff member. The new job description will be provided within ten (10) working days. If the academic-staff member agrees with the new description of duties, s/he will sign it, and it will be effective on the date to which s/he and the dean/director/vice-president agree.


If a mutually agreeable solution is not reached at the conclusion of the meeting, the academic-staff member will provide the Association with a written request for an appeal to a review committee, Step C, within five (5) working days.

C. Appeal to Review Committee

If the academic-staff member is dissatisfied with the dean's/director's/vice-president's review, the Association may, if it determines that the complaint falls within the scope of this Article, submit a written request within two (2) calendar weeks to the President or his/her designee for review by a seven-person committee. Accompanying the request will be a concise statement of the substantial change in duties that the academic-staff member and the Association consider contrary to the academic-staff member's responsibilities and the written reasons provided by the dean/director/vice-president for the change in assignment.

Within twenty-one (21) days after receipt of the request the President or his/her designee shall form a seven-person review committee. An Article XXX committee of (24) persons shall be created, from which members of the hearing panels will be selected. This Article XXX committee will be divided between twelve (12) members chosen by the Association and twelve (12) members chosen by the University Administration. Each hearing panel shall be formed by selecting three names from each list of twelve (12) in the order listed from the twelve-member lists (subject to the constraints identified below), plus the President or his/her designee shall designate a person as chairperson who shall have the power to call meetings of the committee and shall preside over the proceedings of the committee. Each three-member group shall have no more than one person from any school/college. The chairperson shall have no vote except in the case of a tie among other panel members.

Each hearing panel shall be chosen from the Article XXX committee with due consideration by the University Administration and the Association to assure impartiality and avoidance of conflict of interest as defined by University statutes. Representatives on the Association and the Administration side panel shall not currently serve, nor have served during the past five years, within the same department/office as the academic-staff member who makes the request for review of his/her professional duties. Upon mutual agreement of the Association and the Administration, the committee may be asked to hear more than one case in the event that similar cases are filed, or when more than one case is filed during any running six-month period.

In the event that a hearing panel member shall become unable to serve, a new member shall be selected from the appropriate section (Association-chosen or University-chosen) of the Article XXX committee.

Standing-panel members serve for two-year terms, with the initial panel selected with staggered terms.

The dean/director/vice-president and the academic-staff member will provide the Article XXX committee and each other with copies of all documents relevant to the issue and the case. Opportunity shall be given after the initial hearing for panel members to examine documents relevant to the issue and the case. Two or more members may request a recess for not more than one week to allow for examination of the documents.

No presentations shall be made by either party to the Article XXX committee, either individually or in committee, in the absence of the other party. The hearing may proceed in the absence of a committee member provided there has been adequate notice of the meeting. At minimum the Chair and two members of the Association side and two members of the Administration side of the Article XXX committee must be present for the committee to meet. Either party or the Committee may call upon experts in the subject matter to make presentations to the Committee, provided the experts have no conflict of interest as defined in University statutes. Committee members must be present to vote on matters before the Committee. The Committee shall not engage in electronic voting on matters before it.

The Committee shall conduct its review and report its recommendations to the President or his/her designee within forty-five (45) calendar days of its appointment. The Committee shall confine its consideration and recommendations to the facts and circumstances surrounding the particular change in duties concerned. The decision of the panel and its vote shall be conveyed to the President or his/her designee and to the academic-staff member within one week of the conclusion of the hearing in the form of a written report to be signed by the members of the panel. Any panel member may append a minority report.

D. Response of President or Designee to Recommendation of Review Committee
If the President or his/her designee agrees with the recommendations, s/he or his/her designee will implement them within ten (10) working days of the decision. If the President or his/her designee does not accept the Committee recommendations, s/he will meet with the Committee and discuss the matter and so advise the academic-staff member in writing within ten (10) working days of the decision.

E. No Change in Duties during Review Process
No change in the duties of an academic-staff member shall take place prior to the completion of the review process described in Sections B through D of this Article.

F. Right to Arbitration
If the Committee and the President or his/her designee are in disagreement after this discussion, the Association may refer the matter to arbitration in accordance with the procedures provided in Article XVII, Step Two. The arbitration panel shall choose either the position of the Administration or the Association without modification. No change in the job duties of an academic-staff member shall take place prior to the completion of the arbitration.

G. Other Rules
1. When job duties of an academic-staff member have been determined pursuant to Sections C, D, or F of this Article, they may not be changed for a two-year period without mutual written agreement of the University Administration, academic-staff member, and the Association.

2. The time limitations in this Article may be extended by mutual written agreement of the University Administration and the Association.

AAUP-AFT, Local 6075 - 5057 Woodward Avenue - Suite 3301 - Detroit, Michigan 48202-4050 - Phone: (313) 577-1750 / Fax: (313) 577-8159