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Tenure Conversion Language Upheld in Historic Decision

The case of Dr. Mironesco comes out of UH-West Oahu and concerns a long term faculty member, who was generally funded but was not assigned to a tenure-track position count, thus not making her eligible for tenure.  The language we negotiated into our collective agreement (see Article XIII, Faculty Appointments Not Eligible for Tenure) has established the right of faculty members to tenure-track positions once they are available to the campus.  The administration would then have the burden of proof that the individual was not qualified to keep them from being placed in the new tenure-track position.  This arbitrator’s decision accepts the argument that was made as to the interpretation of the language we wrote and the administration accepted in 2003.  This is a huge victory for “adjunct faculty” and makes UHPA’s contract language even more exceptional on a national level.