State act prevents newly-promoted FA professors from receiving one-time payments
Newly-promoted Faculty Association members have not yet received one-time payments initially due to them in July, as a result of legislation signed by Gov. Rick Snyder earlier this summer.
Public Act 54, which went into effect June 8, prevents all "wage step increases" after the expiration of a collective bargaining agreement. Because both sides have yet to agree on a new contract, the lump sum payments normally gained upon faculty promotion are not being issued under the act.
The FA and Michigan Education Association argue the move to be an overstep of PA 54, preventing faculty from receiving their one-time payments for work completed prior to the contract's expiration.
"All of the work was completed in the 2008/2011 contract," said FA President Laura Frey. "At this point we are seeking the full amount for each faculty."
An expedited court hearing process is underway to settle the issue of newly-promoted faculty receiving their lump sum payments, Frey said. The FA and MEA are also questioning the constitutionality of PA 54.
Steve Smith, CMU director of public relations, said he was unaware of actions taken by the MEA to challenge the act.
About 40 to 60 promoted faculty are eligible to receive lump sum payments for this year, Frey said.
"There's a variety of them that were acted on by the board of trustees in July," Smith said.
Professors promoted from the associate professor position earn $7,250 in one-time installments, assistants promoted to associates receive $6,250 and new assistant professors are paid $2,500. In ongoing contract negotiations, CMU is proposing lowering the first two by $1,250 and keeping the latter the same, Frey said.
Meanwhile, the FA proposes keeping all three the same.
Tenured professors are also eligible to earn lump sum payments every four years, pending an application and evaluation process which determines if they are still productive and current.
Frey said CMU had the opportunity to question the constitutionality of PA 54 and pay its promoted employees, but did not.
"My general understanding is that every state institution of higher ed has the ability to challenge the state constitution on certain aspects," Frey said. "The way they are interpreting PA 54 is it is working in their favor."
Because the hearing process is being expedited and not treated in standard time, it is likely the case could be heard during the fall semester.
MEA officials did not respond to requests for comment.