Part time faculty can apply for an receive unemployment benefits between semesters in winter. Part time faculty qualify for unemployment benefits because of the uncertain nature of the part time faculty's future class assignments. With the impending budget crisis in California and real possibility that some part time faculty will not have jobs in the spring, unemployment benefits are more attractive than ever. These benefits are your right and you have been paying into the unemplyment fund, so you should take advantage of this. You can apply for benefits after the last day work, and can receive them until you return to work.

To apply for benefits, you must call the unemployment office at 300-800-5616 after the last day of your last class assignment, which is usually after you last final exam. Have your social security number and the name, address, and zip code of the last school that you worked ready. To qualify you must have no other source of income, or your weekely income must be below the limit set by the state.

Do not be surprised if your application is denied. You simply need to follw the appeal procedure outlined on you denial. This generally requires that you write a letter in which you refer to the court decision titled Cervisi v. Unemployment Insurance Appeals Board, 208 Cal. App. 3d 685, 256 Cal.Rptr. 142 (1989). The provisions of the Cervisi decision, which are applicable only to non-tenured, hourly instructors employed by an institution of higher education, state that such instructors are not guaranteed "reasonable assurance" of being re-employed. An offer letter does not constitute a contract as it is not a "bona fide" offer - such offers contain the proviso that employment is contingent on class enrollment or funding; therefore, you are not subject to disqualification from receiving unemployment benefits.

Margaret Quan, the tireless part time faculty advocate has posted a sample appeal letter on the California Part Time Faculty list serve. If necessary, you can modify her letter to fit your circumstances. She suggests you write:

"To the Unemployment Insurance Appeals Board

The decision [to disallow your claim] and its rationale misstates and misapplies the facts, and misstates and misapplies the law. I believe I am entitle to benefits because I am a part-time, temporary community college faculty member. At the conclusion of any given academic term I have no reassurance of continued employment because any futore assignment are contingent upon enrollment, funding, being bumped by a full-time or permanent or probationary employee, or because I can be terminated die to lack of funds or because of program changes. As such, I have no legal reassurance of re-employment in accordance with the decision Cervisi v. Unemployment Insurance Appeals Board, 208 CA. App.3d 685, 256 Ca.Rptr. 142 (1989)."

Colleges have begun to try new stratefies to deny part-time benefits. (Remember that is is the last institute that you worked that is paying your unemployment benefits.) Margaret Quan recently posted additional informaiton about obtaining benefits on the California Part Time Faculty Association's list serve. I quote her remarks below in their entirety. Please read them carefully.

Margare Quan writes:

Please, please read this message to the very end; it is important.

This summer it seems as though districts are doing everything they can to discourage part0time faculty from filing for unemployment benefits.

For instance, in my district evey part-time faculty received in their June 10th paycheck a letter stating that we may have the right to file a claim for unemployment insurance. Then the letter continues to say that if you do not receive a Change of Relationship Form then "you are scheduled for or have reasonable assurance.

Part-time faculty are entitle to benefits even if their employer requires them to sign a form stating they have "reasonable assurance" of re-employment. The only measure of "reasonable assurance" is whether the assignment is contingent upon enrollment, funding, bumping, or district's needs saying there is reasonable assurance does not make it so. If you, as part-time faculty, can lose a class assignment for any of the above mentioned reasons, then you do not have reasonable assurance that you will teach even if your district asked you to sign an "agreement" to teach. This agreement to teach is not a guarantee that you will teach, it only means that you will teach if the classes are available. But this is a method districts use so that they can tell the unemployment department people (EDD) when they check with the district reagarding a claim, that such an "agreement" exits and this generally means you will be denied unemployment compensation, and you will have to appeal this bogus "agreement" with EDD.

Further, during negotiations our District management insisted that the following wording be added to the union contract: "Part-time assignments will be made available after contract, regular, overload, long term substitute, and categorically funded assignments have been made. The District recognizes, according to the California Education Code, the fact that part-time instructors have no legal right to or expectation of continued employment... "So, my district is talking out of both sides of their mouth; on one hand they send a letter saying we have "reasonable assurance", but in the union contract they say part-time instructors have no legal right to or expectation of continue employment. District is counting on part-time instructors not knowing what is in the union contract.

Neither does seniority/rehire rights (if you district has negotiated these) guarantee that you will teach; seniority/rehire rights only means that if classes are available that first consideration shall be given to current part-time instructors based on qualifications, educational preparation to fulfill a particular assignment and the needs of the District.

Unemployment compensation for part-time, temporary, at-will faculty was established in Unemployment Insurance Code 1253.3 and Carves v. California Unemployment Insurance Appeals Board (1998) 208.Calliope.3e654. Carves covers all part-time faculty and we are entitled to compensation for periods between semesters, including summer summer breaks. Unfortunately, most employees at EDD have no knowledge of Carves.

Now for the really, really good news: FACCC has gotten the ear of someone who can help part-time faculty in their struggle for unemployment claims. But they need to hear from those of us who have been denied claim and/or who have had to challenge such a denial. Please send your experience (good or bad) to FACCC; they need to hear from you: landsey@faccc.org.

Margarent Quan

Remember that these are your benefits, so you should bot hesitate to take advantage this option when not working.

If you have any questions, contact Preston Rose through pfrose@paccd.cc.ca.us

Have a good Winter Intercession and watch for further part time activity in the spring.

Preston Rose, Director, CTA/PCC