by
Caprice Lawless
(Published Aug. 8, 2017 on the AAUP Academe blog)
New,
federal-level unemployment changes are good news for adjunct faculty in the
Colorado Community College System. Depending on your circumstances, you may qualify
for unemployment insurance (UI) benefits.
That was not the case previously. It’s good news for adjunct faculty in
the CCCS, as it is for all adjunct/contingent faculty throughout American
higher education. The federal-level changes mean we may qualify for
unemployment benefits between every semester, and that that old nonsense about
“reasonable assurance” is UI history.
New
federal guidelines from the National Labor Relations Board, per the new Unemployment
Insurance Program Letter No. 05-17, are the source of this good news. We
have many people to thank for that letter and what it can do for us (more on that
below). I know it sounds too good to be true, but it is. When I heard of the letter, I was
skeptical, as well, but then several people I trust explained that this new
letter means money, not just money talk, for us between semesters. In her Academe
article about the unemployment changes, AAUP’s
Communication Director Gwen Bradley said the new guidance, “echoing
themes raised with the department [of Labor] and articulated by the AAUP
for years, explicitly acknowledged that ‘the employment model educational
institutions follow has changed appreciably, particularly for institutions of
higher education. In higher education the use of part-time instructors, often
referred to as ‘adjunct’ or ‘contingent’ faculty, has increased
significantly.’” Both Maria Maisto, director of the New Faculty Majority and
Joe Berry of the Coalition for Contingent and Academic Labor, talked about the
letter during their presentations at our Colo. Conf. Academic Freedom Symposium
this spring. At the meeting they urged all adjunct/contingent faculty to apply
for unemployment straightaway.
Many of
my CCCS adjunct peers and I tried to get unemployment benefits through the
State of Colorado just a few years ago. We left that experience not only empty-handed,
but also demoralized and bah-humbugged just as the holidays were setting in. Fighting back anger at that unhappy episode, I
decided to test the waters during this semester break on behalf of other
adjunct faculty in the CCCS. What follows is my experience combined with some
helpful advice. Unemployment offices operate slightly differently in each
state, but the federal guidelines must be
considered by each state. Steps you’ll need to follow in your state may
differ, but the detail here will help you, regardless.
To
begin, the Colorado Unemployment Benefits interface has been streamlined. It is not nearly
as intimidating as it was three years ago, when, hopes high and finances low,
we had tried to file claims. Even so, before you start, get yourself a tall
latte and settle in for several hours of labor (yes, hours). You will need your
pay stubs for the past 18 months, and you need to put them in chronological
order. There is lots of math involved, so have your calculator handy. You’ll
also need your driver’s license. Are the steps easy to follow? Yes. Are they
annoying? Oh, yes. Will feelings of injustice stop you from time to time?
Undoubtedly. But don’t let that stop you. If possible, apply with another
adjunct faculty member to dispel the angst. Keep your eye on the prize: $200 to
$300 a week, in most cases, until the next semester begins. Not to belabor the
point (there’s that word again), but perhaps a little something in that latte
might make the process less painful.
Keep
in mind that throughout the time you are receiving unemployment from the State
of Colorado, you’ll need to apply for several jobs each week. The new Colorado UI
interface helps recipients in that regard. You can ask it to send job-opening
notices that might suit you.
It
took several hours of work, but, in the end, my claim went through and I qualified
for $241/week! I was thrilled. The thrill lasted a good five minutes. Then, in
a call from the Unemployment Office, I learned that, because I am teaching one,
10-week class this summer at FRCC, the wage I earn doing so cancels out the
unemployment benefit. That is my
circumstance because I snagged a course. Your circumstances may differ,
however.
In
a follow-up call to the Colorado Department of Labor and Employment today, I
asked two key questions of the spokesperson, to make sure my experience was not
a red herring, and that you, when you apply, might get some real results this
spring:
How has the Colorado Dept. of Labor and Unemployment geared up for this
change to help adjunct faculty in the CCCS?
CDLE Response: “The Division
of Unemployment Insurance provided refresher training to staff who process
claims and reviewed and updated procedure manuals, as appropriate.”
If an adjunct faculty member has no income between semesters, does
he/she now qualify for UI in Colorado?
CDLE Response: “The question cannot be
answered directly. The Division of Unemployment Insurance must determine if an
individual qualifies to be paid UI benefits on a case-by-case basis. First, it
has to be determined whether the adjunct faculty member’s situation meets the
defined prerequisites for returning to work in the following term or semester.
Then, the adjunct faculty member must meet all of the other weekly
requirements, which includes having an income less than the weekly benefit
amount paid to him or her.”
So,
to summarize, your circumstances (e.g., no class to teach and no other income),
may well qualify you for the UI benefit from the State of Colorado. You just
have to follow the steps and see for yourself, as each case is different.
Now
that I have a solid understanding of it and this positive experience, I will
apply for unemployment the last day of the each semester. I may not get enough
to put on a big Labor Day BBQ, but it will beat roasting carrots, putting them
into hot dog buns, and reciting to guests my tired lecture on the power of
imagination.
This
change to the NLRB’s unemployment guidelines is long overdue. It’s lineage can
be traced all the way back to the fierce adjunct activist Steve Street. Street
passed away in 2012, but has become a patron saint or poet laureate of the
adjunct labor movement. So important was he to the movement that the New
Faculty Majority (NFM) renamed their initial push for the changes in
unemployment law in his honor. Thus, “The
Steve Street National Unemployment Compensation Initiative” served as a
lightning rod, eventually bringing to the effort: Judy Olson with the National
Education Association (NEA), Annie Wiegard and Jennie Shanker with the American
Federation of Teachers (AFT), the Service Employees International Union (SEIU),
Joe Berry and Helena Worthen with the Coalition of Contingent Academic Labor
(COCAL), Richard Gomes of AAUP’s Contingent Faculty Committee, AAUP Senior
Counsel Aaron Nisenson, the United Auto Workers (UAW), and the Communication
Workers of America (CWA), to name a few.
Let this partial list of those who persisted
on our behalf for many years inspire you to apply for unemployment this -- and
every -- semester break. Each time you do so the process will grow easier for
you. Remember, as well, that each application is a form of activism. Time spent
on such tasks is never wasted; it counts. Apply today and let me know how it
goes. I look forward to hearing about your success over a few cheap beers and
carrot dogs.
# # #
NOTE: A few weeks ago, I served as
witness in an appeal hearing between Colorado’s UI Benefits office and an
adjunct faculty member who teaches at two colleges, whose summer classes had
been cancelled by administrators, and whose UI claims had, nevertheless, been
denied. Using details from the DOL Program Letter #5-17 described above, we
were able to get that denial reversed. We will share a bit of training on this
process at our AAUP Chapters Faculty
Un-Service next month at the Denver Press Club. If you are a CCCS faculty
member, please join us to learn more about this, and about all the other work
our AAUP chapters are doing to help steer things in a new direction.
