FAQ for UPA Participating Faculty

We prepared the following FAQ below for NJMS Clinical faculty to provide some guidance concerning recent changes with UPA and how it affects you and our Union. As always, feel free to reach out to us with any questions or concerns.

How am I paid after July 1, 2020?

The UPA Principal Points Agreement (the UPA’s agreement with the University) states that:

"In the event Rutgers does not have a legally binding compensation plan with its applicable union for the NJMS Physicians, that is implemented by the Effective Date, until such New Compensation Plan is implemented, NJMS Physicians shall continue to be compensated by the same method as they are compensated as of the Effective Date. For example, if as of the Effective Date, a faculty member takes home 40% of all his/her gross clinical revenues, then the faculty member will continue to receive this percent, and Rutgers or the designated entity will receive the remaining moneys."

Can taxes be changed unilaterally by the Dean that will change the amount distributed to me after July 1, 2020?

No. All taxes remain frozen in place as they were before July 1, 2020. Changes in the terms and conditions of employment also cannot be changed without negotiation through our Union. Any change to a tax would first have to be negotiated with our Union before any implementation. Further, the UPA will maintain an Oversight Board that ensures that the provisions of the Principal Points are enforced.

What happens to tail payments after July 1, 2020?

As per the UPA Principal Points, NJMS clinical faculty are supposed to be paid any "Transition Revenue" or tail payments due to them. Both the UPA and our Union are committed to making sure you are paid this amount.

How will newly hired NJMS Clinical faculty be paid after July 1, 2020?

The UPA Principal Points document is not clear on this matter. However, any new compensation plan or change in tax to the faculty member has to be negotiated with our Union before it can be implemented. It would be impermissible to hire a new faculty member with a different tax structure from his or her department without there being first a negotiation with our Union.

What happens to UPA Accounts that are used for professional development?

Currently, some UPA accounts are funded for the purpose of various expenditures such as reimbursing CMEs, licensing fees and various other IRS approved purposes. Our position is that these are financial employment benefits that you should continue to receive. Like any financial employment benefit, that cannot be taken away from you or reduced without first bargaining with the union.

Where does the AAUP-BHSNJ negotiation stand with respect to NJMS Clinical Compensation?

In late May 2020, the University changed its position with how to pay you after July 1, 2020. It changed from a proposal that would have guaranteed a set amount of money based on what you collected in 2018/19, to a system with the traditional taxes.

As of July 2, 2020, the University proposed the following taxes to collections:

  • 12% deduction to support the NJMS Dean’s Fund unless the 3% and 2% additional Dean’s taxes are already taken out in voluntary contributions (in which case it will not be double counted),
  • 7% deduction to support the NJMS Department through which the services were provided by that faculty member,
  • 3% deduction for professional liability coverage for the NJMS clinical faculty,
  • 8.6% deduction to support NJMS collections, revenue cycle, and administrative functions (adjusted to reflect actual charges),
  • 8.5% deduction (adjusted to reflect actual charges) to reflect billing services provided to the University or its designated vendor (currently provided by Change Health)
  • These would be in addition to any other deductions you had on May 1, 2020 that supported department activities. In addition, they proposed that the Dean could change this amount at any time. Given that you no longer have UPA in the same form, the typical rules associated with you voting over these amounts would not apply.

    The Union proposal is similar to the above University’s proposal. It differs in the following ways:

  • We proposed 10% (not 12%) deduction to the NJMS Dean’s Fund. We did not think it is fair that the additional 2% in Dean’s taxes be universally applied as not all NJMS departments have currently voted in that tax.
  • We proposed 6.5% (not 8.6%) to support for collections, revenue cycle, etc. realizing that this should reflect actual expenses and that actual expenses have been historically under 7% for many years. Keep in mind as per the Principal Points faculty members are now paying 0%
  • The Union does not agree that the Dean should be able to increase the additional department deduction at any time. In lieu of that provision, we provided a mechanism by which faculty can still vote on such a change.

Which clinical faculty are on the Union's negotiating team from NJMS?

Dr. Joe Huang, Department of Surgery
Dr. Larry Frohman, Department of Ophthamology
Dr. Paul Langer, Department of Ophthamology
Dr. Kalthleen Beebe, Department of Orthopedics

These are important changes and I want to be sure I am fairly compensated. How can I can I join the AAUP-BHSNJ if I am not a Voting Member?

Remember, only Voting, Dues-Paying members will vote on any proposal the AAUP-BHSNJ tentatively reaches with the University. You can join at this link http://aaupbhsnj.org/electronic-membership-form.html We appreciate your support and please encourage colleagues to join and become engaged too. We are stronger when we stand together.