By John Martin, CPFA Chair
As many of you may know, several lawsuits have been ongoing since October 2022. At that time, a total of 20 community college districts were put on notice by individual part-time (precarious) faculty who filed lawsuits against their employers. These faculty members are challenging the fact that they are not compensated for grading, class preparation, and student communication—work that occurs outside of classroom hours. (Read more at CPFA.org)
The core allegation is that part-time faculty are illegally required to perform unpaid labor outside the classroom. The lawsuits also name the Board of Governors and the Chancellor’s Office as defendants. A judge has already ruled in one of these cases.
One district, Long Beach City College, won its case and is currently negotiating a settlement as of this writing (Read more at CPFA.org).
However, the defense attorneys—working for the districts and in two instances, the unions—have been both creative and, frankly, devious in their attempts to circumvent these lawsuits.
For example, in one district, the union nearly succeeded in invalidating the lawsuit by introducing a new contract that would have rendered the claims moot. Fortunately, a part-time faculty member became aware of this, immediately filed a PERB charge against the union, and within days, the vote was halted. Several members of the negotiating team and union officers resigned. This was a significant victory for the plaintiffs and the broader precarious faculty community.
In another district, the union in conjunction with the district was successful in pushing through a new Collective Bargaining Agreement with dangerous language that undermines faculty rights and the lawsuit itself. It was so bad, the lawsuit was withdrawn.
Every reader should be aware of the following types of contract clauses that unions and districts may try to add, and should actively work to oppose them:
Claims that there have been a “historical understanding” that hourly pay includes preparation, grading, and student communication (e.g., writing support letters). This is false and sets a dangerous precedent. This will make any existing and future lawsuits moot. One case has already been withdrawn due to the ratification of a new CBA including such language, which has reduced the number of active lawsuits to 19 districts.
Any language that redefines unpaid tasks as suddenly being included in hourly pay. This is a legal trap meant to invalidate future claims of wage theft.
Any language that limits your right to sue for wage theft or effectively strips you of your right to collective legal action.
For example: “All claims and disputes related to wages and hours…shall be resolved through the grievance procedure and shall be the exclusive remedy for such disputes…”
Worse yet: “Claims shall only be brought by the individual employee, not the Association, and shall not be pursued as a class, collective, or representative action.”
Any provision that gives the arbitrator “full authority” as the only avenue for resolving wage or minimum wage disputes. If any retroactive compensation is awarded, it may be limited to just 60 days—an insultingly short period, given the years of unpaid labor involved.
There are serious lessons here. Faculty must stay actively engaged with their local union chapters and negotiation teams, especially part-time faculty. Don’t rely on verbal or email updates, no matter how reassuring they may seem. Ask for everything in writing. Insist on open membership meetings to review all proposed contract language before any vote takes place.
Together, we must keep our ears and eyes on all negotiations. Do not let your officers or your negotiation team (mis)lead you. Usually, full-time faculty don’t have your best interests in mind, and it’s up to us to request that they communicate ALL new language that’s being considered. We must be ready to resist any efforts to undermine our rights, regardless of whether they are truly disingenuous or merely neglectful, it is up to each of us to continue the fight for fair compensation and treatment.