ARTICLE XII

SALARIES

12.1 For the period July 1, 2008 through June 30, 2009, salaries of continuing members of the bargaining unit shall be adjusted in the following manner:

(a) Each continuing member of the bargaining unit shall have his/her salary increased by an amount equivalent to 1.5% of his/her 2007-2008 base salary.

(b)In addition, an amount equivalent to 2.5% of the 2007-2008 base salary of continuing members of the bargaining unit in each college shall be allocated to a merit pool and divided within that college among continuing members of the bargaining unit in accordance with the provisions of Article 12.3.

(c) Each continuing assistant professor of the bargaining unit shall have his or her salary adjusted by a $2,000 structural adjustment based on the faculty member’s rank as of July/September 1, 2008.

(d) All increases will be effective July 1, 2008 for bargaining unit members on fiscal year contracts and September 1, 2008 for bargaining unit members on academic year or ten month contracts.(5)

12.2 For the period July 1, 2009 through June 30, 2010, salaries of continuing members of the bargaining unit shall be adjusted in the following manner:

(a) Each continuing member of the bargaining unit shall have his/her salary increased by an amount equivalent to 1.5% of his/her 2008-2009 base salary.

(b) In addition, an amount equivalent to 2.5% of the 2008-2009 base salaries of continuing members of the bargaining unit in each college shall be allocated to a merit pool and divided within that college among continuing members of the bargaining unit in accordance with the provisions of Article 12.3.

(c) All increases will be effective July 1, 2009 for bargaining unit members on fiscal year contracts and September 1, 2009 for bargaining unit members on academic year or ten month contracts.

12.3 Merit pay increases shall be awarded based on the faculty member's performance as reflected in the annual evaluation conducted by the department chairperson or dean (in units where there are no chairpersons) and according to the approved merit metric policy of the units. The annual evaluation shall be based on criteria which have been clearly communicated to faculty members in advance of the period covered by the evaluation and which are consistent with the workload plans developed in accordance with Article 11.9 of this Agreement.

A chair or other academic unit head shall consider in his or her evaluation of a faculty member’s activities all evidence submitted by a faculty member which is consistent with written departmental criteria for merit pool allocations. These merit criteria must include a well-defined metric that communicates the value assigned to different levels of contribution in teaching, scholarship and service and must also be consistent with the department’s criteria for promotion and tenure. The criteria and associated metric shall be developed by the chair of the department in consultation with the faculty and be ratified by the faculty at a duly called faculty meeting prior to securing final approval by the appropriate college dean.

The written merit allocation criteria and associated metric may be modified at any time by the chair of the department in consultation with the faculty and be ratified by the faculty at a duly called faculty meeting prior to securing final approval by the appropriate college dean. Following ratification, the revised statements will be submitted for approval by the college dean. The college dean will act on the revised statements within two months of the submission. If approval is not granted, the dean will indicate the changes needed and the department will have one month to resubmit its modified statement. This process will continue until approval is secured. Merit increases will not be approved for any unit that does not have an approved merit allocation statement and associated metric. Approved merit allocation statements and associated metrics of academic units may be found at http://www.udel.edu/provost/documents.html.

The annual evaluation shall be based on criteria which have been clearly communicated to faculty members in advance of the period covered by the evaluation and which are consistent with the workload plans developed in accordance with Article 11.9 of this Agreement. Consistent with established University policy the chair or dean will meet with the faculty member to review the annual evaluation and shall communicate to each faculty member the basis for the evaluation.

The chair or dean shall also review with the faculty member, upon request, information which indicates the correspondence between merit pay and the faculty member's department or comparable unit evaluation ratings within that unit so that the faculty member may know whether his or her merit pay is consistent with the annual evaluation. Anonymous or confidential information shall not be used to evaluate a faculty member without that faculty member having the opportunity to respond to the substance of the information before the evaluation is complete. Merit increases are to be awarded solely on the basis of performance in research, teaching and service (as referenced in Articles 11.3 and 11.5).

12.4 Promotion increments shall be adjusted to the following amounts effective July 1, 2008:

The promotion increments will be adjusted to the following amounts effective July 1, 2009:

The foregoing increments prorated for ten month faculty shall be effective on July 1 (for faculty members employed on fiscal year contracts) or September 1 (for faculty members employed on academic year or ten month contracts) following the promotion and shall be in addition to salary increases, including merit increases, awarded pursuant to Article 12.1, or 12.2.

12.5 Roll up costs and increases in fringe benefits costs associated with University-paid portions of the benefit package as a result of Articles 12.1, 12.2, 12.4 and 12.7 shall be paid by the University.

12.6 After the adjustments have been made in accordance with Articles 12.1, 12.3 and 12.4, the following salary minimums by rank shall be applicable effective July 1, 2008:

After the adjustments have been made in accordance with Articles 12.2, 12.3 and 12.4, salary minimums by rank shall be effective July 1, 2009:

12.7 It is recognized that situations may arise which will make it necessary for the University to make special salary adjustments for individual faculty members in addition to the annual increases provided in Articles 12.1, 12.2, and 12.3. Such adjustments may be implemented by the University under the following situations:

(a) when a salary adjustment is necessary to correct a gross inequity including, but not limited to, situations of salary inversion and compression;

(b) when a salary adjustment is necessary to retain a faculty member at the University;

(c) when salary disparities occur, relative to market demands, which adversely affect the quality of an academic unit.

Special salary adjustments implemented in either a department and/or college (or the equivalent unit(s)) shall conform to the procedures established in 12.3.

On-contract, full-time faculty teaching overloads (including Continuing Education, Special Sessions, and other overload teaching) will be paid 2.25% per credit hour of their base academic year salary, up to a ceiling equivalent to 2.25% per credit hour of the average salary at each rank in the prevailing year. The floor will be increased in each year at a rate equal to the across-the-board plus merit increases (excluding structural, promotional and other unique adjustments) as established in the Collective Bargaining Agreement. Payments for full-time faculty on other than 9-month appointments will be paid based on their salary pro-rated to a 9-month basis.

The applicable floor and ceiling rates for the contract years 2008-2009 are set forth in Appendix "A"

12.8 Salary increases may not be awarded to members of the bargaining unit other than as required or permitted by Article XII without prior discussion with the University of Delaware Chapter of AAUP.

12.9 A salary equity study for all bargaining unit faculty will be conducted by the Office of Institutional Research and Planning in the first year of a collective bargaining agreement. Results of the salary equity analysis will be sent to the dean of the appropriate college for review and discussion with department chairs. The provost will review and authorize all proposed salary equity adjustments; the AAUP will be notified of recommended adjustments. In accordance with University policy, individual salaries will be kept confidential throughout the review process.

5 For the purpose of this contract, a member of the bargaining unit is considered "continuing" under the following definitions:

a) any person on a fiscal year contract who is a member of the bargaining unit on June 30 and who is a member of the bargaining unit on July 1 of that same calendar year.

b) any person on an academic year or ten month contract who is a member of the bargaining unit on the last day of classes for the Spring Semester and who is a member of the bargaining unit on September 1 of the same calendar year.

c) an individual's standing as a continuing member of the bargaining unit shall not be affected by his/her transfer within the University, change in rank or status, or length of term of contract.