Recent communications by the PSC suggest that adjuncts who apply for a three-year teaching appointment, but are turned down for that appointment by their department or the provost’s office, will no longer qualify for a one semester or one-year appointment in the department. Rather than providing adjuncts with greater security, this up or out provision diminishes it. The contract ratified by the Delegate Assembly and voted on by the members does NOT include a provision that would, in effect, prevent any adjunct who is turned down for a three-year appointment from continuing to teach in his or her department.

We, the undersigned CUNY teaching adjuncts and graduate teaching assistants, note the following:

• The proposed new contract (“Contract”) between the PSC and CUNY, as summarized in a Memorandum of Agreement (“MOA”), dated June 16, 2016, was voted upon and approved by PSC union members in July and August 2016.

• Included in the MOA is a Multi-Year Appointment for Teaching Adjuncts (“Multi-Year Agreement”), dated June 16, 2016, that provides that eligible adjuncts “shall be considered for a three-year appointment” (¶ 2);

• The Multi-Year Agreement further specifies that, to receive a three-year appointment:

[A]n adjunct who meets the service requirements must receive the positive recommendation of his/her department P&B committee and of the college President, or his/her designee [e.g., Provost, Dean]. The recommendations shall be based upon a comprehensive review of the adjunct's performance and the fiscal and programmatic needs of the department and/or the college. (¶ 3)

• Neither the Multi-Year Agreement nor MOA either provides or suggests that an adjunct who is considered, for but does not receive, a three-year appointment is no longer eligible for a one-year appointment in her department;

• Nor does the Multi-Year Agreement or MOA either provide or suggest that an adjunct who is considered for, but does not receive, a three-year appointment, cannot be rehired by her department for one semester or more semesters.

Given all of the above, any policy initiated by the PSC or CUNY that would require termination or suspension of an adjunct who is considered for but does not receive a three-year appointment would constitute a material alteration of the Contract. We did not vote, nor would we have voted, for a contract that contained such a provision.

Therefore, we call upon the PSC and CUNY to affirm that any eligible adjunct who is considered for but does not receive a three-year appointment will remain eligible for a one-year appointment in following semester, and for all subsequent one-year periods, as specified in previous contracts and agreements between the PSC and CUNY.