United Academics v. University of Vermont
| Decision Date | 19 August 2005 |
| Docket Number | No. 04-177.,04-177. |
| Citation | 889 A.2d 722,2005 VT 96 |
| Court | Vermont Supreme Court |
| Parties | UNITED ACADEMICS, AAUP/AFT and Dawn Saunders v. UNIVERSITY OF VERMONT and STATE AGRICULTURAL COLLEGE. |
Richard T. Cassidy and Jennifer E. Nelson of Hoff Curtis, Burlington, for Plaintiffs-Appellants.
Joseph P. McConnell of Morgan, Brown & Joy, LLP, Boston, Massachusetts, for Defendant-Appellee.
Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and COOK, D.J. (Ret.), Specially Assigned.
¶ 1. Dawn Saunders and United Academics appeal from a Vermont Labor Relations Board order dismissing their grievance against the University of Vermont. Appellants contend that the Board erred: (1) by finding that the University appointed Dr. Saunders to a one-semester position as Lecturer in economics prior to the ratification of a new collective bargaining agreement; and (2) by failing to conclude that the terms and conditions of the new agreement superseded Dr. Saunders's individual employment contract. We affirm.
¶ 2. The University first appointed Dr. Saunders to a part-time position as a Visiting Assistant Professor in the fall of 1995. Although she was not actually visiting from another institution, Dr. Saunders preferred this title and rank to that of Lecturer. The following year the University offered her a full-time contract, and she taught various economics courses as a Visiting Assistant Professor through the spring of 2003. During the 2000-01 school year, Dr. Saunders had discussions with the acting chair of the economics department about the possibility of taking a one-year research sabbatical. With the chair's encouragement, she submitted an application for sabbatical the following fall.
¶ 3. Upon review, the University administration determined that, as a Visiting Assistant Professor, Dr. Saunders was not eligible for a paid research sabbatical. She then filed a grievance with the University Grievance Committee. The Committee determined that the Officer's Handbook — which governed faculty appointments at the time — did not permit visiting professors to take sabbatical, but ultimately sustained Dr. Saunders's grievance because she relied on the department chair's advice to her detriment. The Committee recommended that the University grant Dr. Saunders paid leave for the spring 2003 semester, and Interim University President Edwin Colodny subsequently agreed with that recommendation.
¶ 4. In August 2002, the University sent Dr. Saunders a letter confirming her appointment for the upcoming school year. The letter advised Dr. Saunders that the Officer's Handbook limited visiting professorships to six years, informed her that this was her final year in the rank, and noted that her current appointment carried no expectation of reappointment the following year. The letter further acknowledged that the terms of the appointment might change as a result of ongoing collective bargaining negotiations between the school and United Academics. Dr. Saunders signed the letter and returned it with commentary suggesting that the six-year limit and her reappointment status might also change under a new collective bargaining agreement.
¶ 5. In early September 2002, Dr. Saunders completed an application for professional development leave in accordance with the Grievance Committee's recommendations. She asked to defer her leave to the following fall, however, as that time better served her research goals. Dr. Saunders's request dovetailed with the economics department's needs, and the new department chair tentatively approved the proposal. Final authority to approve the deferral rested with the University Provost, however, and he denied Dr. Saunders's application because she had no underlying employment contract for the fall of 2003. The Provost instructed her to promptly advise the University whether she still planned to take leave during the spring 2003 semester. United Academics immediately objected to the Provost's decision.
¶ 6. Shortly thereafter, the Dean of the College of Arts and Sciences sent a memorandum to the Provost proposing a solution to the problem. The Dean suggested that:
Dr. Saunders be offered a contract for full-time employment during Fall 2003. This contract will specify that she will be immediately released from any teaching obligation during the Fall 2003 semester and instead be placed on a one-semester research leave. As is our custom, it will also specify that the contract implies no guarantee of future employment.
The Provost approved this proposal in a letter sent to both Dr. Saunders and the Dean on January 13, 2003. Although Dr. Saunders did not receive a formal letter of appointment for the fall 2003 semester, she acknowledged the approval of her appointment in a response letter sent to the Provost in March.
¶ 7. In the interim, the University and United Academics settled on a new collective bargaining agreement, which became effective on February 6, 2003. Article 14 of the agreement contains the following language regarding faculty appointments:
At the conclusion of two years of consecutive service at the University as a bargaining unit lecturer, or as a visiting faculty member, or a combination of years thereof in such ranks, if the University in its discretion decides to reappoint the lecturer, the University will appoint the lecturer to a term contract of two years. Any further lecturer appointments shall also be for two years.
In the letter acknowledging her fall 2003 appointment, Dr. Saunders referred the Provost to Article 14, and advised him that she "expect[ed] to return to teaching in the Spring of 2004 as a continuing lecturer under the [collective bargaining agreement]." In response, the Provost informed Dr. Saunders that her appointment was for one semester only, and that any future employment was at the discretion of the economics department chair. The chair subsequently notified Dr. Saunders that she would not be offered reappointment after the fall semester.
¶ 8. United Academics filed a grievance with the department chair on Dr. Saunders's behalf alleging that: (1) the one-semester appointment violated Article 14 of the collective bargaining agreement; and (2) Dr. Saunders's deep involvement in the organization and administration of the faculty union influenced the chair's decision to terminate her employment. The University denied the grievance, and appellants brought the matter before the Vermont Labor...
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