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FERP Award Backgrounder

In 2004 and 2005, CFA filed several systemwide grievances challenging all teaching loads (i.e., 15 WTU teaching per year of 50% service on a semester campus) and disproportionate teaching loads (i.e., more that 12 WTU but less than 15 WTU teaching per year of 50% service on a semester campus) that the administration had assigned to participants in the Faculty Early Retirement Program (FERP).

In April of 2007, Arbitrator Bogue issued an award in which she held that such teaching loads violated the CBA. In October of the same year, she issued a supplemental award in which she ordered the administration, which had refused to do so, to pay a monetary “make-whole” remedy to FERP participants who had been assigned a disproportionate teaching award (see “FERP Award” and “FAQs regarding FERP Award”).

Instead of complying with that award, the administration spent the next two years trying to find a court – first the Los Angeles County Superior Court, then the California Court of Appeal, and finally the California Supreme Court – that would vacate it, but could not find one: CFA won every time.

In Summer 2011, having exhausted all appeals, the administration finally paid 69 FERP participants on 15 campuses a total of $1,197,312.45. Payments were based on questionnaires submitted by FERP participants in Summer 2010. If you submitted a questionnaire in Summer 2010, believe to be entitled to a monetary remedy under the award, but have received no payment, please notify CFA Director of Representation & General Counsel Bernhard Rohrbacher.

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