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“Open Availabiltiy”

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  • “Open Availabiltiy”

    Hello,
    i am a teacher at a private college in CA. I also work part time at a state school only one day a week. Two years ago, the private school has made me a salaried employee, even though my classes and hours did not change. I had been teaching 6-8 classes per semester per year for years now. Kind of hard to have me teach more.
    Recently HR has been pressuring me to quit the state school, citing having “open availability” in my contract. At the same time, they refuse to compensate me for the loss in wages. I have been working my loaded teaching schedule for years and teaching at the college without incident. For the past three semesters, I’ve had to fight with them about this. The term “open availability” being the red flag, how am I meant to interpret this? Is this a form of exclusivity? If they force the situation further, I don’t really know what to do. Has anyone here ever experienced this?

  • #2
    Whose choice is it that you work only one day a week? Yours or theirs? Who chooses the day?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The school is quite far from where I live so they schedule my classes for one day to ease the commute. I have been working both schools for years, but recently the private school is trying to get me to quit the state school citing open availability, conflict of interest, exclusivity — but my workload and responsibilities at the private school would not change, nor would my pay. I don’t know why they’re trying to have me quit. When the issue comes up, I don’t think they have a strong reason either, because I’ve prevailed every time. It does cause a lot of stress though.

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      • #4
        It’s the state school and myself chose that one day. At the private school, I still work 5-6 days a week, teach up to 8 bachelor and masters classes and all prep and grading work. Typically I work 30-40hrs per week at the private school and have usually only Sunday off.

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        • #5
          If the private school finally succeed at having me quit my one day at the state school, I wouldn’t be able to support myself.

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          • #6
            I can't give you a definite answer since I can't read your contract with either school. However, the possibility exists that the private school wants to change your hours and is being blocked from doing so because of the time you're working at the state school. If you're supposed to have open availability with the private school, and you don't, that very well might be a contract violation - on your part. I would recommend that you have your contract reviewed by an attorney in your state as quickly as possible.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              This is entirely dependent on what's written in your contract, which we don't have. You need to review the terms, and if you are still unsure, speak to your union rep or an attorney.

              My guess, but it is only a guess without seeing the contract, is that the private school is under no obligation to accommodate your 2nd job.

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