ARTICLE III, CONDITIONS OF SERVICE
A. MAINTENANCE OF RIGHTS AND BENEFITS
1. Except as modified by the terms of this Agreement, Faculty Members1/ shall retain all rights and benefits provided in the written rules, regulations, policies and procedures formally adopted by the Board of Regents existing at the execution of this Agreement which pertain to wages, hours, and other terms and conditions of employment.
The minutes of the Board of Regents shall constitute the basis of the applicable Executive Policy, rule, regulation, or Administrative Procedure.
2. Except as modified by the terms of this Agreement, the Faculty of the University of Hawaii at Manoa (UH-Manoa), University of Hawaii at Hilo (UH-Hilo), and University of Hawaii-West Oahu (UH-West Oahu) shall retain the rights and responsibilities set forth in Part 4: Conditions of Service of the Faculty Handbook for Manoa and Hilo Campus, 1977 Edition, provided that:
a. Amendments and modifications officially approved by the Board of Regents after the issuance of said Handbook and prior to the execution of this Agreement shall prevail; and
b. Only Appendix T (see R-01 of Reference Section) of said Handbook is incorporated herein.
3. Except as modified by the terms of this Agreement, the Faculty of the Community Colleges shall retain the rights and responsibilities provided in the officially approved rules, regulations, and policies of the Board of Regents which pertain to the same subject matter covered in Part 4 of the aforesaid Handbook.
B. OUTSIDE EMPLOYMENT
Faculty may engage in outside employment for additional compensation according to the following guidelines:
1. The additional employment is neither so extensive nor so demanding as to interfere with the Faculty Member’s creditable performance of the primary obligation to the University.
2. Ethical considerations.
a. No Faculty Member shall accept pay to tutor students in the subject matter of the courses the Faculty Member teaches.
b. The results of research conducted by the University shall be published or otherwise made available to the public, and no researcher will sell the results of research conducted by and for the University, unless authorized by the President.
c. No Faculty Member shall accept any fee, gift, or payment of expenses over and above authorized compensation for services rendered in the post for which the Faculty Member has been appointed, except with specific approval of the President.
d. No Faculty Member shall use the University facilities, supplies, or equipment other than in the course of University duties, except with prior approval of the President.
e. No Faculty Member shall accept off-campus positions or appointments, whether or not paid, when such activities may impair the judgment of the Faculty Member in the discharge of University duties.
f. Although Faculty Members may not accept compensation for special information known to them by virtue of their employment with the University, they may charge a fee or accept a retainer for the utilization of their special competence, knowledge, and skill in consulting, design, or research directed toward the solution of specific problems for a specific employer or client.
3. Before undertaking compensated outside activity, Faculty Members shall file with the Department/Division Chair or other administrative supervisor a form provided for this purpose. An occasional lecture or similar one-time activity for which an honorarium is received shall not be considered outside employment for purposes of the filing requirement. If at any time the Department/Division Chair or other supervisory personnel considers that the project interferes with the performance of the official duties of the Faculty Member, this will be reported to the Dean/Director, Chancellor, or Provost.
4. Faculty Members who engage in consulting, contract, or private employment during the duty period shall not exceed one (1) day or an accumulation of eight (8) hours per calendar week excluding Sundays and holidays.
5. Up to six (6) working days per academic year may be accumulated, from time not utilized for consulting, contract, or private employment during weeks within the duty period, for consecutive days of professional consultancy. Days not used during the academic year will not carry forward to the next academic year.
Plans for consecutive days of professional consulting shall be submitted in advance to the appropriate Dean/Director, Chancellor, or Provost for prior written approval.
C. EXEMPTION FROM TUITION
Faculty Members and their spouses or domestic partners who register for credit courses offered through any unit of the University of Hawaii are exempt from the payment of tuition. Faculty Members and their spouses or domestic partners taking courses shall be subject to the following provisions: (1) the Faculty Member must be employed on a half-time basis or more; (2) each academic semester not more than six (6) credits may be carried exempt from tuition; (3) the Faculty Member’s normal University duties must be carried out as usual; (4) the Faculty Member may enroll only after the regular students have had an opportunity to register; (5) a full-time Faculty Member shall not enroll at UH for more than six (6) credits per semester; and (6) the Faculty Member’s enrollment shall place no undue or unusual burden on the instructor in the course. These provisions for tuition exemption do not apply to individual instruction in such fields as music or to special funded courses which have insufficient revenue to cover their costs.
D. LEGAL REPRESENTATION
1. The Employer shall provide legal counsel for a Faculty Member upon request to the Office of the Vice President for Legal Affairs and University General Counsel when:
a. The Faculty Member is sued for actions taken by the Faculty Member in the course of the Faculty Member’s employment and within the scope of the Faculty Member’s duties and responsibilities;
b. The Faculty Member must appear as a defendant or is subpoenaed to appear in court when sued for actions taken in the course of employment and within the scope of the Faculty Member’s duties and responsibilities;
c. The Faculty Member must appear as a witness or is subpoenaed to appear in court on a matter arising in the course of employment and within the scope of the Faculty Member’s duties and responsibilities; and
d. The Faculty Member is required to give deposition or answer interrogatories on a matter arising in the course of employment and within the scope of the Faculty Member’s duties and responsibilities.
2. If a judgment or court approved settlement is made against a Faculty Member in a civil suit for actions taken by the Faculty Member in the course of the Faculty Member’s employment and within the scope of the Faculty Member’s duties and responsibilities, the Employer agrees to no more than submit to the Legislature any judgment (or court approved settlement) against the Faculty Member, with the Employer retaining the discretion of recommending or not recommending legislative approval.
E. FACULTY EVALUATION
Faculty Members will be evaluated periodically in accordance with RP 9.213 (see R-02 of Reference Section) of the Board of Regents’ Policies.
F. TEACHING ASSIGNMENTS AND EQUIVALENCIES
Standards for teaching assignments and equivalencies are determined in accordance with Board of Regents’ Policy RP 9.214 (revised) (see R-03 of Reference Section).
Pursuant to the policy the standard teaching assignments for full-time instructional Faculty shall be 24 semester credit hours per academic year for UH-Manoa, UH-Hilo, and UH-West Oahu. The standard teaching assignments for full-time instructional Faculty at all Community Colleges within the University of Hawaii System shall be 27 semester credit hours per academic year.
G. POLITICAL LEAVE
Faculty Members may request leave of absence without pay or use vacation leave while campaigning for elective political office. Faculty Members may continue working while campaigning for elective political office as long as the campaigning does not interfere with the duties and responsibilities of the Faculty Member, as determined by the Chancellor, or Provost, or Vice-President, and the Faculty Member complies with Board of Regents’ Policy RP 9.205 (see R-04 of Reference Section), Political Activity (and subsequent amendments) and other applicable rules of the University.
H. LEAVE SHARING
Except as modified by the terms of this Agreement, Faculty Members shall be allowed to participate in the Leave Sharing Program (see R-05 of Reference Section) of the State of Hawaii, under the provisions of administrative rules adopted by the University.
I. LETTERS OF HIRE
Bargainable items contained in Unit 7 “letters of hire” (as below defined) are subject to the grievance procedure. This Section is not meant to expand the scope of bargaining; it is not meant to make letters of hire in general a bargainable subject; and it is not meant to make all items contained in letters of hire bargainable or subject to the grievance procedure. Items in letters of hire are grievable only to the extent that they are bargainable. The following shall be applicable to Unit 7 letters of hire:
1. No person shall be hired into Unit 7 without written documentation of initial terms and conditions of employment that will take effect upon hire. Such documentation shall be referred to herein as “letters of hire.”
2. The University shall preserve all letters of hire offered to potential Unit 7 members, whether they are accepted or not by the candidate, for at least three (3) years.
3. Accepted letters of hire shall be retained within the Faculty Member’s personnel folder. A copy of the accepted letter shall be sent to UHPA within twenty (20) working days of receipt from the incoming Faculty Member.
4. Letters of hire shall contain all terms and conditions of employment offered to and accepted by the incoming Unit 7 member. No undocumented promise shall be enforceable. The University agrees that bargainable items in the letter of hire may be enforced through the grievance procedure contained in this Agreement.
5. Letters of hire and the terms contained therein may not conflict with or modify this Agreement, unless UHPA agrees in writing to such a modification.
6. Letters of hire may be composed of more than one document, provided that the document bearing signatures shall reference all addenda, exhibits, specifications, diagrams, or correspondence containing the terms of hire; and each such item is attached.
7. The University, in its discretion, shall review and revise its policies and procedures on letters of hire to ensure that they are properly vetted by the appropriate authorities and that any and all commitments made therein can be honored. University shall consult with UHPA on the policies and procedures.
8. The University shall develop templates for letters of hire. University shall consult with UHPA in the development of such templates.
9. Letters of hire accepted by a new bargaining unit member shall establish the initial terms and conditions of employment for the new Unit member effective as of the date of hire.
10. Letters of hire that are grieved by UHPA and that violate this Agreement are subject to full arbitral authority to reject and cancel, or recast, the same, as may be just under the circumstances.
1/ In accordance with Board of Regents’ policy, the following definitions of Faculty are used in this Agreement: C (all faculty at the Community Colleges), I (instructional), R (researcher), S (specialist), B (librarian), A (county extension agent), M (clinical medicine) and J (legal instruction).