Executive Summary
High-Level Findings
- Contract Supremacy Generally Maintained: The Faculty Contract retains its role as the highest authority governing faculty workload, office hours, scheduling, leave, evaluation, discipline, compensation, and faculty duties.
- Operations Manual Scope: The Operations Manual policies reviewed apply appropriately to general institutional policies (safety, ethics, research administration), Administrative/Professional (AP) staff-specific policies, procedural guidelines that do not impose faculty-specific work obligations, and post-employment benefits (emeriti status).
- Faculty Handbook Status: The Faculty Handbook explicitly cites Faculty Contract sections for most work-related obligations (office hours, teaching load, leave). It generally functions as an informational summary, but contains one area of procedural overreach.
- ONE PROCEDURAL OVERREACH IDENTIFIED: The Faculty Handbook's "Cancellations/Postponement of Classes" section adds reporting requirements beyond the contract and prescribes procedures that diminish faculty control over class coverage arrangements established in Article D 8 of the Faculty Contract.
- CRITICAL GOVERNANCE SAFEGUARD: The Operations Manual is limited to operational policies. Academic policies (curriculum, academic programs, academic calendar, course requirements) must go through the Curriculum/Academic Policies Committee (CAPC) process established in Faculty Contract Article F 4. This creates a three-tier governance structure:
- Academic matters → Faculty governance through CAPC
- Employment terms/conditions → Collective bargaining (Faculty Contract)
- Operational procedures → Administrative policy (Operations Manual)
Rationale:
- The Operations Manual respects contract supremacy
- The Faculty Handbook appropriately defers to the contract in most areas
- However: One Faculty Handbook section (absence reporting) adds procedural requirements that diminish faculty autonomy over class management
- This is a procedural overreach that should be corrected, but does not rise to the level of contract violation requiring grievance
- The issue can be resolved through Handbook revision without collective bargaining
- Risk is elevated from LOW due to the principle: even "helpful guidance" can become problematic when it adds obligations beyond the contract
Detailed Findings
| Ops Manual/Handbook Section | Faculty Contract Article | Category | Explanation |
|---|---|---|---|
| Faculty Handbook: "Faculty Schedule" | Article D 4.1 (Teaching Load) | B - Duplicative but subordinate | Handbook explicitly states: "For more information, see section D 4.1 of the Faculty Contract." No new obligations created. |
| Faculty Handbook: "Office Hours" | Article D 21 (Office Hours and Student Advising) | B - Duplicative but subordinate | Handbook explicitly states: "As stated in the Faculty Contract (section D 21)" and restates contract language verbatim. No additions or modifications. |
| Faculty Handbook: "Personal Leave" | Article M 8.1 (Personal Leave) | B - Duplicative but subordinate | Handbook explicitly cites "Contract section M 8.1" and quotes contract directly. |
| Faculty Handbook: "Professional Leave" | Article M 8.2 (Professional Leave) | B - Duplicative but subordinate | Handbook explicitly cites "Contract section M 8.2" and quotes contract directly. |
| Faculty Handbook: "Cancellations/Postponement of Classes" | Articles D 8 (Professional Improvement), M 8.1 (Personal Leave) | C - OVERREACH / Contract intrusion | Handbook states: "Absences are reported to the department chair and faculty secretary. Informal arrangements are often made to cover classes; in these cases, sick or personal leave is not debited. In any case, you should contact your department chair and faculty secretary." PROBLEM: Contract gives faculty authority to "arrange for coverage" themselves (D 8). Contract requires notice to "department chairperson and appropriate dean/director" (M 8.1). Handbook ADDS requirement to report to "faculty secretary" and prescribes HOW faculty manage absences beyond contract scope. This diminishes faculty autonomy over class management. |
| Operations Manual: Personal Involvements 2.6-2 | No direct contract equivalent (covered under professional ethics) | A - Procedural and appropriate | Establishes ethical standards regarding faculty-student relationships. Does not create workload, time, or evaluation obligations. Applies to "instructor or other officer" broadly, not faculty-specific. |
| Operations Manual: Emeriti Status 2.9-1 | No contract equivalent | A - Procedural and appropriate | Post-employment benefit. Creates no obligations for active faculty. Nomination process is procedural. |
| Operations Manual: Sponsored Research & Consulting 8.1-1 | Article D 15 (Right to Outside Employment), D 23 (Grant and Research/Development Release Time) | A - Procedural and appropriate | Establishes administrative procedures for grant submission and management. Explicitly states: "Specific policies and requirements, such as the Faculty Collective Bargaining Agreement, are applicable." Subordinates itself to contract. |
| Operations Manual: Environmental Health and Safety 4.3-4 | General university policy, not faculty-specific | A - Procedural and appropriate | States: "Faculty and staff with supervisory responsibilities should ensure that their students and staff members are aware of the importance of safety." This is a general safety obligation, not a work-time or evaluation standard. |
| Operations Manual: Drug Free Workplace Policy 4.3-2 | General legal compliance requirement | A - Procedural and appropriate | Implements federal Drug-Free Workplace Act of 1988. Applies to all employees. Does not create faculty-specific work obligations. |
| Operations Manual: Employee Tuition Waiver 2.10-1 | Contract Article E 10 (Family Tuition Grant) | A - Procedural and appropriate | Implements benefit procedure. Note states faculty-specific retiree eligibility: "Faculty at least 62 years of age and at least five (5) years of service with SVSU." Does not create obligations. |
| Operations Manual: AP policies (vacation, sick leave, time entry, etc.) | N/A - Not applicable to faculty | A - Procedural and appropriate | These policies explicitly apply only to Administrative/Professional staff, not faculty bargaining unit members. |
Summary by Category
- Category A (Procedural and appropriate): 7 policies
- Category B (Duplicative but subordinate): 3 policies
- Category C (Overreach/Contract intrusion): 1 policy
- Category D (Direct conflict): 0 policies
Critical Finding
One Faculty Handbook provision (absence reporting procedures) creates procedural requirements beyond contract scope, diminishing faculty autonomy over class management established in the contract.
Key Area of Concern: Faculty Control Over Class Absences
Faculty Contract Provisions
"Each faculty member will be able to attend at least one professional meeting in each year. However, the faculty member involved shall arrange for coverage of his or her classes by a qualified substitute or reschedule classes at a time convenient to students, and at no expense to the University."
"Each faculty member will be provided a total of twelve (12) class hours and five (5) office hours of personal leave time during each fiscal year which he or she may use for such purposes as religious holidays, personal business, funerals, etc.; provided that twenty-four (24) hours notice will be given to the department chairperson and appropriate dean/director except in emergencies. Personal leave will not be debited if the class is rescheduled to a time convenient to the students or if it is covered by another qualified faculty member at no cost to the University."
Faculty Handbook Treatment
The Faculty Handbook's "Cancellations/Postponement of Classes" section states:
"You may need to miss classes due to illness or for personal reasons (attending a conference, for example); such incidents are covered by sick leave or personal leave. Faculty members accrue 60 hours of sick leave per year, up to a total of 180 hours (Contract section M 5.1.1), and 12 hours of personal leave per year (Contract section M 8.1). Absences are reported to the department chair and faculty secretary. Informal arrangements are often made to cover classes; in these cases, sick or personal leave is not debited. In any case, you should contact your department chair and faculty secretary."
Analysis: Procedural Overreach Identified
This Handbook language creates two problems:
Problem 1: Added Reporting Requirement
- Contract says: Notice to "department chairperson and appropriate dean/director" (Article M 8.1)
- Handbook says: Report to "department chair and faculty secretary"
- Issue: The Handbook adds a reporting requirement (faculty secretary) not present in the contract
Problem 2: Diminished Faculty Autonomy Over Class Management
- Contract Article D 8 says: "the faculty member involved shall arrange for coverage of his or her classes by a qualified substitute or reschedule classes at a time convenient to students"
- Contract grants faculty: The authority and responsibility to independently arrange class coverage
- Handbook implies: Faculty should coordinate with/report to department chair and secretary regarding coverage arrangements
- Issue: The Handbook's language "Informal arrangements are often made" and "you should contact your department chair and faculty secretary" prescribes a reporting/coordination process not required by the contract
Why This Matters
The contract deliberately grants faculty control over their classes, including:
- Authority to arrange coverage independently
- Ability to reschedule at their discretion (if convenient to students)
- Authority to determine whether personal/professional leave will be debited based on their coverage arrangements
The Handbook language subtly shifts this toward an administrative approval/reporting model where faculty are expected to coordinate through administrative channels rather than exercise independent professional judgment.
"It is understood that no change shall be made in any policy, rule, regulation, procedure, or practice which affects the wages, hours or other terms and conditions of employment of faculty members of the bargaining unit, except by mutual agreement of the parties to this contract."
Managing class absences and coverage is a term and condition of employment that affects how faculty fulfill their teaching obligations. The Handbook's procedural additions modify this practice without collective bargaining.
Recommendation
The Faculty Handbook section on "Cancellations/Postponement of Classes" should be revised to:
- Remove the added requirement to report to "faculty secretary"
- Clarify that faculty have authority to arrange coverage as specified in Article D 8
- Note that notice to department chair/dean (per M 8.1) is for leave accounting purposes, not approval of coverage arrangements
Suggested revision:
"Faculty members have the authority to arrange coverage for their classes when absent, as specified in Faculty Contract Article D 8. For leave accounting purposes, notice should be given to the department chairperson and appropriate dean/director as specified in Articles M 8.1 and M 8.2. When faculty arrange coverage at no cost to the University or reschedule classes at times convenient to students, leave time is not debited."
Governance Conclusion
Three-Tier Governance Structure at SVSU
SVSU maintains a robust three-tier governance structure that prevents administrative overreach:
Tier 1: Academic Governance (CAPC)
The Faculty Contract establishes CAPC with authority over curriculum, new courses, academic programs, and academic calendar. All CAPC actions require faculty ratification. This prevents the Operations Manual from establishing academic policies administratively. Academic matters are reserved to faculty governance through the contract-established CAPC process.
Tier 2: Employment Terms and Conditions (Faculty Contract)
The Faculty Contract governs workload and teaching assignments, office hours and availability requirements, compensation and benefits, leave provisions, evaluation and tenure processes, and discipline and termination procedures.
"This contract shall supersede all rules, regulations, policies or practices of the Board of Control which shall be contrary to or inconsistent with its terms."
Tier 3: Operational Procedures (Operations Manual)
The Operations Manual governs general institutional procedures (safety, facilities, technology), administrative workflows (grant administration, purchasing), legal compliance (FMLA, drug-free workplace), and non-bargaining unit employee policies (AP staff).
This structure creates clear boundaries that prevent:
- Administrative intrusion into academic matters (CAPC protects curriculum from administrative policy-making)
- Administrative intrusion into employment terms (Faculty Contract protects working conditions from unilateral policy changes)
- Confusion about authority (Each tier has a defined sphere)
Action Required
One revision required to Faculty Handbook to restore faculty control over class coverage arrangements as established in Faculty Contract Article D 8. No collective bargaining needed — this is a correction of inadvertent procedural addition to handbook.
Recommended immediate action:
- Revise Faculty Handbook "Cancellations/Postponement of Classes" section per recommended language above
- Inform Faculty Association of revision as courtesy
- Emphasize revision reinforces existing contract rights
Final Conclusion
The SVSU Operations Manual, as currently constituted, generally respects the supremacy of the Faculty Association Contract and does not establish faculty work standards, obligations, or requirements that should be governed exclusively by collective bargaining.
However, one area of procedural overreach was identified: The Faculty Handbook's "Cancellations/Postponement of Classes" section adds reporting requirements beyond the contract and diminishes faculty autonomy over class coverage arrangements.
The three-tier governance structure (CAPC/Contract/Operations Manual) provides strong safeguards against administrative overreach. The identified issue can be corrected through handbook revision without collective bargaining.
Risk is elevated due to the identified procedural overreach, but the issue is correctable without grievance process. The governance structure is fundamentally sound.