Grievance Note #2
Promissory Notes For Sabbaticals
Your CODFA Grievance Subcommittee wants to keep you informed, to the greatest extent possible, about grievances that have been filed and their subsequent resolutions. After all, if it happened to one of us, it could happen to any of us! Please be assured that, in all cases, confidentiality will be maintained and no personal or departmental information will be revealed.
At Issue: Promissory Notes For Sabbaticals (07-05)
Grievance 07-05 was filed in early June, 2007 as an Association Grievance on behalf all CODFA members, after CODFA learned that a faculty member (FM) had been required to sign a Promissory Note in connection with being awarded a Sabbatical Leave for the 07-08 Academic Year. The grievance was filed with Dr. Picard at Step Two, alleging violation of Section I.9.1 of the Contract, which makes no mention of Promissory Notes.
The parties met in July, and among the concerns raised by CODFA , besides the existence of the Note itself, were two provisions that seemed to hold the potential for being especially detrimental. One provision required a FM who did not fulfill the contractual obligations (“Return Conditions”) connected with a Sabbatical to pay 12% interest on the amount owed to COD; another specifically excluded “death” as a release from the obligation to repay any amount owed to COD.
The administration contended that the grievance was untimely, and produced similar Promissory Notes from as far back as 10 years ago. Human Resources also provided a list of other faculty members who had been granted Sabbaticals so that CODFA could investigate whether a “past practice” existed.
Although CODFA was unable to counter the administration’s assertion that the Promissory Notes were an established past practice, we are pleased to report that, through the discussion generated by the grievance process, we have established two key points:
- The specific date at which interest begins to accrue, should a FM not fulfill the terms of the Sabbatical Leave Agreement, is the end of the academic year after the Sabbatical Leave year. This date is specified in the Promissory Note.
- "Death" is clearly an incapacity, as referenced in the “Return Conditions” portion of I.9.1, and so would, in fact release the FM from an obligation to pay back the monies received during the Sabbatical. As such, the word “death” has been deleted from the Promissory Note’s language.
With these clarifications, CODFA’s Welfare Committee decided to not pursue further action at this time.
If you have any questions or concerns about this grievance, please feel free to contact me. As always, if you suspect that your contractual rights are being violated, or if you have a concern about any of your conditions of employment, I urge you to contact a member of the Welfare Committee.
Marty Attiyeh
Chair, Grievance Subcommittee
