AFT Resolution

ELIGIBILITY FOR FEDERAL UNEMPLOYMENT INSURANCE FOR PART-TIME AND CONTINGENT WORKERS AT INSTITUTIONS OF HIGHER EDUCATION

WHEREAS, when coverage under the Social Security Act was expanded in 1970 to include public sector workers, faculty and other employees in institutions of higher education were excluded from collecting unemployment insurance benefits unless they could prove that they did not have “reasonable assurance” that they would be rehired in the following term; and

Whereas, at that time the majority of faculty positions were full-time and tenure-bearing, and the exclusion for “reasonable assurance” in the Social Security Act and implemented today through 26 U.S.C. was added to prevent full-time faculty and teachers who received their annual salary in 10 months from “double dipping” by collecting unemployment benefits in the summer; and

WHEREAS, since 1970, the number of part-time contingent faculty has grown dramatically and now represents fully two-thirds of the entire instructional workforce at colleges and universities nationwide. In 2005, according to the AAUP, there were 885,803 part-time adjunct faculty and nontenured full-time faculty nationwide, compared to just 414,574 full-time tenured and tenure-track faculty; and

Whereas, part-time, contingent and nontenured faculty often do not have annual contracts, rarely work full-time for one employer, but instead are often paid on a per-class, per-semester or per-hourly basis. Although they do not receive income during the summer months or between semesters, they are effectively barred from collecting unemployment benefits, even if they meet all other eligibility requirements, unless they can prove that they have no “reasonable assurance” of being rehired to teach in the following term; and

WHEREAS, part-time contingent faculty typically earn $25,000 per year from teaching and frequently must patch together courses at multiple colleges and universities in order to make ends meet. They typically have few benefits, no pension and no job security; and

WHEREAS, part-time contingent faculty resemble workers in other industries with irregular or periodic work, such as construction, theatrical crafts or seasonal resort industries, for whom the unemployment insurance system was designed to provide a safety net during periods when there is no work. However, part-time contingent faculty are uniquely denied benefits because they must prove that they do not have future work. In fact, part-time faculty often find out that their classes are cancelled after they have been unemployed for some time, and thus lose months of compensation when they need it most; and

WHEREAS, each state has developed its own program and regulations to implement federal unemployment insurance law, but it is bound by 26 U.S.C. to require part-time faculty to prove they have no “reasonable assurance” of being rehired. States have interpreted this requirement broadly, and over time a body of regulations and case law has been established that favors college and university employers. Because higher education institutions usually opt out of state insurance pools and are “self-insured,” these employers have an interest in discouraging part-time and contingent faculty from filing for unemployment benefits and have been known to retaliate against faculty who do apply; and

WHEREAS, the American Federation of Teachers has undertaken the Faculty and College Excellence campaign to redress inequities in the pay, working conditions and job security among classes of college faculty and improve conditions for part-time contingent faculty—while also increasing the number of full-time tenured faculty positions:

RESOLVED, that the American Federation of Teachers affirm that the Social Security Act is outdated and no longer reflects the true nature of the higher education workforce or the majority of college and university faculty—who have no job security, work part-time and suffer frequent periods without pay during which they should be able to collect unemployment insurance benefits; and

RESOLVED, that the American Federation of Teachers investigate the inequities and problems created by the “reasonable assurance” requirement in 26 U.S.C. and develop viable strategies, including drafting federal legislation, to redress these inequities and provide that part-time and contingent higher education employees who are otherwise eligible for unemployment insurance benefits are able to collect benefits when they are not employed.

(2009)