ARTICLE V

AAUP REPRESENTATIVES AND PRIVILEGES

5.1 The AAUP, its officers and members shall not engage in union activities, hold meetings on University property, or utilize University facilities in any way that interferes with or interrupts normal University operations or the obligations and duties of faculty members as employees.

5.2 The AAUP shall have the right to make reasonable use of University space, facilities, and equipment in accordance with University procedures, for proper activities related to its position as the recognized representative of the full‑time voting faculty. AAUP shall pay reasonable costs for the use of space, facilities, and equipment.

5.3 The AAUP shall be entitled to reasonable use of campus mail, in accordance with University procedures. The AAUP agrees to limit its use of material directly related to its function as collective bargaining agent, and agrees further that the material it distributes by campus mail will not violate reasonable standards of propriety with respect to the language employed.

5.4 The AAUP shall have the right to post at appropriate places on the campus for the benefit of the employees it represents, bulletins and notices relevant to official AAUP business, of a nonpolitical nature, so long as these do not violate reasonable standards of propriety.

5.5 The University shall make available to the AAUP an on‑campus, furnished, air‑conditioned office suitable for conducting official business. The University shall provide direct phone service in the faculty office of the President of the AAUP.

5.6 The University agrees to provide, at no cost to the AAUP or its members, a complete copy of this Agreement.

5.7 The University agrees to make available to each new faculty member a copy of this Agreement and a copy of the "Authorization of Payroll Deduction of Membership Dues" form.

5.8 Four members of the AAUP bargaining unit will be given one three‑credit course reduction for each full semester, or major portion thereof, during which they represent the AAUP in collective bargaining. This reduction may occur in the semester or semesters in which bargaining occurs, or in succeeding ones with the mutual agreement of the faculty member and department chairperson/dean. In addition three officers or committee members of the AAUP shall be given one three (3) credit course reduction for each semester. AAUP members taking such course reductions may be compensated through S-contracts. The AAUP may also purchase six additional hours of release time at the S‑contract rate. The AAUP shall make the designations under the provisions of this paragraph and shall inform the Administration in writing of these designations and the semesters during which they will occur in sufficient time to permit adequate course coverage.

5.9 The advice of a majority of the faculty, by a formal vote of the faculty, within the academic department or school will be required for the appointment or reappointment of the department chairperson or school director. The procedures by which this vote is obtained shall be determined by the faculty of the affected department, and shall be consistent with approved departmental bylaws. The vote of the faculty must be communicated to the dean of the college and by the dean to the provost upon the occasion of any recommendation for appointment or reappointment (Faculty handbook).

5.10 A faculty member at the University of Delaware will be terminated within the terms of his or her appointment only for adequate cause (i.e., incompetence, gross irresponsibility, or moral turpitude), except for termination caused by extraordinary financial circumstances. (See Faculty Handbook, Section 4: “Personnel Policies for Faculty,” Faculty Appointments and Conditions of Employment: Terminations and Non-renewals). The Vice President for Administration shall inform the AAUP President and Contract Maintenance Officer whenever the University issues a written letter of intent to terminate a faculty member. The AAUP contract maintenance officer will have the opportunity to review the evidence relied upon by the University and, with the consent of the faculty member, provide advice and counsel to such faculty member. The Vice President for Administration shall inform the AAUP President and Contract Maintenance Officer of the final decision in the matter.

5.11 The University shall maintain the Handbook for Faculty and the Policy Guide for Department Chairs and Academic Program Directors as an up-to-date on‑line computer document that shall be accessible by the faculty at the Provost’s website. The Provost’s Office will create a CD-Rom copy of the Faculty Handbook at six-month intervals, which shall be available to the AAUP Office, the AAUP Executive Council, the AAUP Contract Maintenance Officer, the Chief Negotiator, and to departments, colleges and other appropriate administrative offices upon request.

5.12 The University, upon written request of the AAUP, will provide the following information on each bargaining unit member in the format provided in the past: salary history by college, department, rank, sex and length of contract (fiscal year, academic year, or other), employment history, promotion list and benefit participation. Under the latter shall be included each member's Blue Cross/Blue Shield type, major medical type, level of TIAA/CREF and/or Fidelity participation, tuition remission participation and course fee waiver participation. In addition, the University, upon written request, will provide AAUP with the following information: names and departments of new appointments and reappointments with duration of appointment or reappointment, names and departments of all faculty who have had two and four-year peer reviews in the preceding academic year and and names and departments of faculty members scheduled for two and four-year reviews in the next academic year, names and departments of faculty promoted, and/or granted tenure each year, names of faculty terminated, names of faculty not reappointed, names of faculty on phased retirement with phased option, names of faculty retired, names of faculty on sabbatical leave each semester, and the average credit contact hours per semester for each department or college where there are no departments. These data will also be provided in machine readable form. In addition, the University will provide an annual report to the AAUP summarizing all special salary adjustments awarded under Article 12.8 during the preceding year. The report will show the number of special increases granted in each unit and the reason for each of the salary adjustments granted. The University also will provide dental claims payment data and updates of the reasonable and customary charges as these are established by the dental insurance carrier.

Upon receipt of the information, AAUP will have the right to monitor whether or not the University is in compliance with the stated conditions of Articles IX, XI and XII as those conditions relate to individual members of the bargaining unit. Should the AAUP believe that the University is not in compliance with the provisions of Article(s) IX, XI or XII on the basis of the information provided under the terms of this Article, or has failed to supply sufficient or correct information, then the AAUP may request a meeting with the University within twenty (20) work days after receipt of the information, to discuss and agree upon changes necessary to comply with the Agreement.

If the matter is not resolved, the AAUP may file a grievance concerning the interpretation, application or claimed violation of this Article or Articles IX, XI, XII directly with the Vice President for Administration within forty (40) work days after receipt of the information. If in proceeding with the grievance, additional information is requested by the AAUP of which delivery to the AAUP would necessitate the identification of an individual or individuals, written authorization to release such identifying information must be obtained by the AAUP from the affected bargaining unit member(s). The Vice President for Administration shall inform the President of the AAUP of the name(s) involved, and until the written authorization is obtained, both parties shall preserve the anonymity of the individual(s). The Vice President for Administration shall consider the grievance and shall reply in writing to the AAUP within ten (10) work days after receipt of the appeal. If the AAUP is not satisfied with the written decision of the Vice President for Administration, it may file a written appeal within fifteen (15) work days as provided in Step 4 of the grievance procedure.

5.13 In those departments where University service is used as a criterion for faculty evaluation, AAUP service may be considered as an activity appropriate to that category.