PRINTER'S NO. 4296
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2738
Session of
2018
INTRODUCED BY RABB, McCLINTON, DONATUCCI, YOUNGBLOOD, SCHWEYER,
DALEY, ROEBUCK AND ROZZI, OCTOBER 17, 2018
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, OCTOBER 17, 2018
AN ACT
Providing for fair treatment and equal pay for part-time and
other nontenure-track faculty at institutions of higher
education in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Higher
Education Faculty Fair Treatment Act.
Section 2. Findings and declarations.
The General Assembly finds and declares as follows:
(1) This Commonwealth is home to many institutions of
higher education that hold high ideals and which play a vital
role in serving the educational needs of its citizens and, in
so doing, help to strengthen this Commonwealth's economy.
(2) Institutions of higher education are increasingly
relying on part-time and other nontenure-track faculty to
teach courses as a cost-cutting measure, rather than having
full-time tenured and tenure-track faculty teach many
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courses.
(3) Part-time and other nontenure-track faculty deserve
to receive pay that is fully comparable to full-time tenure
and tenure-track faculty of comparable qualifications doing
comparable work.
(4) Institutions of higher education that receive
taxpayer funding from this Commonwealth have a responsibility
to ensure fair treatment and equality in their pay structure
when compensating faculty members who are of comparable
qualifications doing comparable work.
Section 3. Purposes.
The purposes of this act are as follows:
(1) Require each institution of higher education in this
Commonwealth that receives taxpayer funding to provide pay to
the part-time and other nontenure-track faculty that is
equal, on a pro rata basis, to the pay of the full-time
tenure and tenure-track faculty.
(2) Ensure that each institution of higher education in
this Commonwealth that receives taxpayer funding treat fairly
and appropriately the part-time and other nontenure-track
faculty in matters of employment opportunity by providing
that faculty with timely notice and priority consideration
for part-time and nontenure-track teaching assignments.
(3) Ensure that each institution of higher education in
this Commonwealth that receives taxpayer funding fairly and
appropriately provide that qualified nontenure-track faculty
members receive full and fair consideration in attaining a
tenure-track position when a position becomes available.
Section 4. Definitions.
The following words and phrases when used in this act shall
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have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Institution of higher education." Any of the following:
(1) An institution of the State System of Higher
Education under Article XX-A of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949.
(2) The Pennsylvania State University, the University of
Pittsburgh, Temple University, Lincoln University and their
branch campuses if the institutions of higher education
annually receive taxpayer funding from the Commonwealth.
(3) A community college created under Article XX-A of
the Public School Code of 1949.
(4) An accredited institution that offers postsecondary
education providing an associate degree program or an
undergraduate degree program that annually receives taxpayer
funding from the Commonwealth.
"Part-time faculty." Individuals employed to teach at
institutions of higher education on a part-time basis, including
part-time faculty members or adjunct instructors.
Section 5. Equal pay.
Notwithstanding any other provision of law to the contrary,
all part-time faculty shall receive pay that is equal, on a pro
rata basis, with that of full-time tenure or tenure-track
faculty of comparable qualifications doing comparable work.
Section 6. Notice and consideration.
(a) Teaching assignments.--Notwithstanding any other
provision of law to the contrary, each institution of higher
education shall establish a process under which part-time
faculty and other nontenure-track faculty, after successful
completion of a probationary period, receive timely notice and
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priority consideration, consistent with other institutional and
state policies, for part-time and nontenure-track teaching
assignments.
(b) Tenure-track positions.--Notwithstanding any other
provision of law to the contrary, each institution of higher
education shall create a process for ensuring that qualified
nontenure-track faculty members receive full and fair
consideration in attaining a tenure-track position when one
becomes available, consistent with department needs,
institutional and state affirmative action and other personnel
policies. This process shall ensure that nontenure-track
faculty:
(1) Accumulate seniority.
(2) Are notified of job openings prior to the job being
posted outside of the institution.
(3) Are interviewed during the search and screen
process.
Section 7. Existing policies.
Nothing in this act shall be construed to either limit or
reduce salaries, benefits or hiring rights in existence at a
public institution of higher education.
Section 8. Construction.
Nothing in this act shall be construed to supersede or
preempt the rights, remedies and procedures afforded to school
employees or labor organizations under the following:
(1) the act of July 23, 1970 (P.L.563, No.195), known as
the Public Employe Relations Act, or any other Federal or
State law; or
(2) any provision of a collective bargaining agreement
negotiated between an institution of higher education and an
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exclusive representative of employees in accordance with the
Public Employe Relations Act.
Section 9. Effective date.
This act shall take effect in 90 days.
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