Understanding Your Rights
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The following is a brief summary of some of the rights and benefits you receive under the AAUP contract that are enforceable via the grievance procedure:
No discrimination on the basis of race, creed, color, sex, marital status, age, national origin, or Association Membership. See Article III(1).
Individual contracts (appointment letters) and University policies and procedures must be consistent with the AAUP contract. See Article III(3) and (5).
BHSNJ must seek faculty participation in effectuating University policies that determine terms and conditions of your employment. See Article III(4).
University may not institute or support a lockout of faculty/librarians. See Article III(7).
Right to invite a faculty member to your annual performance evaluation meeting with Chair when you have a disagreement over your performance evaluation. See Article III(8).
Right to reasonable notice, reasonable transportation costs, and schedule of work assignments when you are required to participate in teaching, patient care or other responsibilities at an academic center other than your school. See Article III(9).
Right to access and review personnel file, correct errors, and object to and respond to documents in file. See Article IV.
Right to request the removal of documents of anonymous origin from your personnel file. See Article IV(B).
Right to challenge any University action or decision via the grievance arbitration procedure free from retaliation by alleging:
A breach, misinterpretation, or improper application of the AAUP contract; or
Arbitrary, capricious or improper application of University policy. See Article V.
Protection from reprisal of any kind against any faculty member who files or participates in the grievance/arbitration process. See Article V(I)
Completion and Receipt of Annual Performance Review by September 15. See Article VI and Article VIII(7).
Right to Negotiated Annual Across-the-Board and Merit Increases. See Article VIII(B).
Right to Appeal Unsatisfactory Performance Evaluation. See Article VIII(8).
Right to Annual Extramural Support Incentive Award for principal investigators and principal authors of grant proposals, which provide support for their salaries. See Article VIII(C).
Right to make nominations for out-of-cycle salary increases by majority vote at department meeting. See Article VIII(D)(5).
Right to Vacation, Float Holidays, Health Insurance, Dental Insurance, Prescription Drugs, and Deferred Compensation Plan. See Article IX.
Right to Multi-Year contracts for 75% of all clinical non-tenured and non-tenure track faculty with 5+ years of service at BHSNJ. See Article XXV.
Tenure Protection: Faculty Right to Appeal discipline. The burden is on the University to establish legitimate and sufficient grounds to discipline a tenured faculty member. See Article XXVI.
Right to Timely Notice of Nonreappointment. See Article XXVII.
Right to AAUP representation during investigatory meetings that may result in discipline. See section on Weingarten rights.
Right to request that the University negotiate with the AAUP as a condition of your employment (any benefits or rights that have been received) See Article XXII.
Right to enforce Patent Policy 00-01-90-45:00 via grievance and arbitration process. See Article XXI.
You are encouraged to review the full AAUP contract and the details of your rights and benefits.
How do I know if a University action or inaction has violated the AAUP contract?
You have twenty-one (21) days from an action/inaction or notice of an action/inaction by UMDNJ to determine whether the action/inaction violates a provision of the AAUP contract. You should first review the relevant section of the contract to understand your rights and benefits. If you are uncertain as to what your contractual rights and/or benefits are, you are encouraged to contact your elected AAUP representatives or contact AAUP staff at 973-972-5875 or 732-235-4196 for assistance. You may also contact us at firstname.lastname@example.org. We will advise you whether a contractual violation exists and how to best address your issue.
Why is it important for you to enforce the AAUP contract?
The AAUP negotiates a contract on your behalf with the University that provides you with legally enforceable rights and benefits. If, and when you identify a contractual violation and exhaust your efforts to resolve the violation informally with your Chair, the grievance procedure is the only mechanism to hold the University accountable to its commitments. The failure to challenge a contractual violation within twenty-one (21) calendar days of an alleged violation of the contract may result in your waiving the contractual right and/or benefit, thereby emboldening the University to continue violating the contract, which renders the AAUP negotiated contract meaningless.
How do I file a grievance?
The filing of a grievance should be a matter of last resort. We encourage you to make every effort to address all contractual violations with your Chair before submitting a formal grievance to your Dean. If you are unable to resolve the matter with your Chair, contact the AAUP at 973-972-5875 or 732-235-4196. We will assess the matter and advise you what provision, if any, is being violated and how to best proceed.
“ AAUP-BHSNJ is the professional Bargaining Representative for more than 1,400 faculty members and librarians of the BHSNJ.
As of July 1, 2013, based on the integration of SOM with Rowan University and the integration of the remaining units of the former UMDNJ with Rutgers University (as per the New
Jersey Medical and Health Sciences Education Restructuring Act as of 2012) AAUP-UMDNJ became AAUP-BHSNJ.
Faculty and Librarians of the former UMDNJ at both Rutgers and Rowan (and those hired into units of the former UMDNJ) are now part of the Biomedical and Health Sciences of New Jersey American Association of University Professors unit, AAUP-BHSNJ.