Lawsuit filed in union contract dispute

Former business instructor Michael Van Keith has filed a small claims suit against Southwestern College over an alleged violation of the SCEA faculty union contract. Van Keith stated in the suit that he was denied teaching assignments he had a right to due to his vested status as an adjunct with rehire rights. He said he was blocked from an assignment he had held since 2005.

Van Keith said he is owed more than $16,000 based on his faculty agreement one year prior, but is only suing for $10,000 due to the maximum amount permitted in San Diego Superior Court, Small Claims Division. He also said this was a political move by the college which forced him into retirement. At least in retirement, he said, he could tap his Apple retirement account for adjuncts.

“This has been a cat and mouse game almost for the duration of my work at SWC, where I would have two assignments and one would get cancelled,” he said. “I wasn’t even offered the one class I was vested to have. I did not roll over. I decided to leave.”

Van Keith said he was also deprived of $22,409 in income when the college did not honor his 2012 contract as a business advisor with the Small Business Development Center (SBDC).

“I pursued many channels attempting to collect on the compensation I was owed without success,” he said. “Facing a mortgage payment, two children in private school and other bills, my hand was forced into retirement.”

Part-time instructors like Van Keith achieve vested status after six consecutive semesters teaching at the college, which he obtained in 2006. Article XV in the SCEA contract, reads “vested status will be upheld so long as evaluations continue to be satisfactory.”

Van Keith said he always had good evaluations. He said he did not seek help from his union representatives, despite his claim that the Southwestern College Education Association (SCEA) union contract was violated.

“I have gone to the union on several occasions and I was just never happy with the representation they give,” he said.

SCEA President S. Rob Shaffer declined to comment on Van Keith’s case.

Dr. Mark Meadows, former dean of Social Sciences, Business and Humanities, Van Keith’s former dean, said if Van Keith had a problem with not receiving assignments, he should have contacted the SCEA. Meadows verified that Van Keith held a high retention rate with his students and “never disappointed with his distinguished teaching methods.”

When Van Keith’s previous classes were not available due to another vested adjunct having been assigned them, Meadows said he offered him a class he had not taught before.

“Many adjuncts like to take on classes they haven’t before,” said Meadows. “It makes them more marketable.”

Van Keith disagreed.

“Business 120 is a class that I adore,” he said. “It’s where my expertise is. I didn’t feel comfortable teaching these new classes. One was in accounting. One was in finance. I didn’t have enough time to learn the material and prepare.”

Meadows said he offered Van Keith additional solutions besides new classes, including Blackboard training and distance education training free of charge. Van Keith rejected these offers, according to Meadows. He also denied being the one to set the schedule for adjuncts in the department.

“I just rubber stamp it,” he said. “The department chair does all of the scheduling.”

Current department chair Elisabeth Shapiro said Meadows was wrong.

“Chairs do not have the right of assignment in any case,” Shapiro said. “That lies with the dean.”

Dr. Mink Stavenga, current dean of the school, said he did not know Van Keith and had no knowledge of the lawsuit.

Van Keith is not the first adjunct to voice disgruntlements over the college’s treatment of part-timers. Southwestern College adjuncts have held annual rallies for equal protections and better wages for years.  Van Keith attributes the unfair adjunct working conditions to a small group of administrators.

“The majority of administrators are good, hardworking people,” he said. “Ten percent are, shall we say, the bad apples. The policies are in place, but they are not followed by the bad apples of the administration.”

Van Keith is scheduled to appear in court on August 17, but said he would consider mediation if the college offered.