Higher Education and Employment Advancement Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6582
AN ACT CONCERNING UNEMPLOYMENT BENEFITS FOR ADJUNCT
Title: FACULTY.
Vote Date: 3/22/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/9/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Higher Education and Employment Advancement Committee
REASONS FOR BILL:
Adjunct faculty do not qualify for unemployment benefits if there is "reasonable assurance"
they will work in the position again after the unemployment period. Adjunct faculty positions
fluctuate in response to class enrollment and the availability of full-time faculty with seniority,
resulting in sudden changes to employment near class start dates. This bill outlines the
factors of "reasonable assurance" and requires higher education institutions submit to the
Department of Labor, before the end of each academic year, a list of individuals who do and
do not have reasonable assurance of providing the same services during the second period
following the break between academic years/terms/holiday/vacation.
SUBSTITUTE LANGUAGE:
Removes the requirement that the DOL commissioner must consider an institutions failure to
submit the list as a rebuttable presumption of the lack of reasonable assurance of an
employees return to providing services
RESPONSE FROM ADMINISTRATION/AGENCY:
Kurt Westby, Commissioner, Department of Labor:
Mr. Westby says certain elements of the bill do not conform with federal law and his office
has sought the opinion of the US Department of Labor since there is a risk of losing federal
funds and they account for most of the agency's budget. He says:
"We will inform the Higher Education and Employment Advancement Committee members
and the proponents of the bill as soon as we receive advice from US DOL and will be
available to discuss this matter further."
NATURE AND SOURCES OF SUPPORT:
Maureen Chalmers, President, Congress of Connecticut Community Colleges (4Cs):
Submitted written testimony in support. Ms. Chalmers says that 4Cs believes the bill will
improve their members ability to collect unemployment when necessary but is concerned
about language around "offers." She says, "For many of our members, they are not offered a
written contract until days before or sometimes even AFTER they start work. Our members
should not have to rely on an 'implied offer.' . If you dont have a written, signed contract
for the next semester," she says, "there is no reasonable guarantee that you will have work.
Its that simple."
Carl Chisem, President, Municipal Employees Union Independent, SEIU Local 506,
Connecticut Employees Union Independent, SEIU Local 511:
Submitted written testimony in support. Mr. Chisem says the Pandemic forced drastic
changes on our system and pushed many into unemployment, however, even though the
need for adjunct professors in the new school year was uncertain, adjunct unemployment
insurance claims "were denied, challenged, or delayed for weeks and months." He attributes
this to the use of third-party watch-dog groups by employers to challenge claim requests.
They use the "reasonable assurance" expectation meant for full-time K-12 and higher
education instructors. He calls obstructing claims without a specific end date or confirmed
contract, "callous and cruel."
Jennifer Jensen, Adjunct Lecturer, Housatonic Community College:
Submitted written testimony in support. Ms. Jensen says she "[has] been a victim of the
educational employee exemption [herself] waiting for a UI hearing to determine whether
the exemption applies," which led to "a cascade of late fees, tanked credit scores and
extreme stress." This innately "capricious" adjunct system puts adjuncts' livelihoods "at the
mercy of budgets, curriculum changes, student enrollment, and even the personal feelings of
full-time faculty and students," since contracts are not received, "until after the semester has
started, and those contracts always contain a contingency condition" She says she has
witnessed the system used to abuse colleagues and shares the story of one whose employer
cost him a job with another employer just to avoid paying out unemployment. Ms. Jensen
details the costs of this system the adjuncts and students, as well as three "absurdities"
perpetuated by this system the state wasting its investment in training teachers; forcing
teachers into jobs they are overqualified for to cover their needs; and preventing employees
from collecting the benefits they contribute to over their entire career.
Kevin J. Kean, Ph.D, Department of Psychological Science, CCSU (1) (2):
Submitted written testimony in support, along with an issue brief from the American
Association of University Professors (AAUP). Dr. Kean there are over 10,000 faculty across
Connecticut and ~56% are part-time contingency faculty or adjuncts. He says he and his
colleagues "are paid a fraction of what our full-time colleagues earn for comparable work;"
"have extremely limited access to benefits, such as health insurance;" and their "contracts
limit how many credit hours we can teach." He says these disadvantages continue during
winter and summer sessions when employers rely on "reasonable assurance" of employment
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to deny unemployment insurance coverage, despite explicit contractual language to the
contrary. Dr. Kean details several "wrinkles" to the employer position unchallenged claims
for other sessional employees; colleges employing a third party to fight claims; and
Unemployment Insurance rules were relaxed for many other sectors during the Pandemic.
Dr. Kean says these rules are an anachronistic injustice and the state does not have to use
the same language as the federal statute.
Sal Luciano, President, Connecticut AFL-CIO:
Submitted written testimony in response. Mr. Luciano says that part-time community college
staff experienced mass unemployment at the start of the Pandemic much like other sectors
and appropriately filed for unemployment insurance. Unlike other sectors, however, their
claims were contested by their employers through a third-party, Employers Edge, citing
"reasonable assurance" and other false objections. This "reasonable assurance" claim is
disingenuous, he continues, since "Many institutions have specifically written into their rules
that contingent faculty do not have reasonable assurance of continued employment." Mr.
Luciano says this bill requires employers to provide to the Department of Labor a list of
employees with and without reasonable assurance of employment before the end of each
academic year, and that "Failure to do so would establish a rebuttable presumption in favor of
the employee on the question of reasonable assurance for purposes of awarding
unemployment benefits."
John McNamara, Advancement Director, Capital Community College, Delegate
Assembly of the Congress of CT Community Colleges, SEIU Local 1973:
Submitted written testimony in support. Mr. McNamara says many adjunct faculty provide
instruction at multiple institutions "without the guarantees of benefits and tenure." He says
that since their employment fluctuates with enrollment and they contribute to unemployment
compensation, they should be entitled to unemployment benefits when they need them. He
urges you to follow New Jersey's lead and pass this legislation.
Patricia ONeill, President of Connecticut State University American Association of
University Professors (CSU-AAUP):
Submitted written testimony in support. Ms. O'Neill says the bill "attempts to fix an inequitable
historic injustice that has singled out educational employees and made it nearly impossible
for adjuncts to collect deserved unemployment compensation" She says, "Adjuncts
almost never have a guaranteed contract that they will have a job in the fall." This system
resulted in adjunct faculty being denied unemployment insurance despite the worst pandemic
in a century. Since colleges can reliable predict their enrollment numbers, "there is no reason,
other than to deny unemployment compensation, that most adjunct faculty could not be given
a guaranteed contract after having taught for a few semesters." This bill puts the burden of
proof on employers and will allow more contingent faculty to collect unemployment
compensation.
Colena Sesanker, PhD, Assistant Professor of Philosophy, Gateway CC:
Submitted written testimony in support. Dr. Sesanker says that our current system unfairly
penalizes those in whom we should invest. She says she fell in love with community college
teaching at Three Rivers Community College, and is now a full-time, tenure track professor,
but the "safety of [her] employment, is miles away from the existence of the transient, part-
timer [she] once was." Dr. Sesanker says that part-time instructors are "hardly adjunct to our
functioning," but are "indispensable," and now, "when work and enrollment are more
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precarious than ever, it is time to offer some measure of security to our part-timers to
whom the reasonable assurance of employment does not currently apply."
Kimberly Small, Office Manager, 4Cs SEIU 1973:
Submitted written testimony in support. Ms. Small says, "Unemployment, by design, requires
jumping through hoops to qualify for and receive benefits. The logic for this is to prevent
fraud. True fraud within social support programs is typically between 1-2%, making a mistake
while applying for said programs occurs far more often." Linking to a larger article from New
Faculty Majority, she shares a quote explaining the motivation for this design:
Institutions that obstruct [unemployment] claims are trying to have it both ways: they want all
of the benefits of contingent employment without the responsibilitiesIn short, the
disingenuousness of higher ed on this issue is evident in the fact that many institutions have
it specifically written into their rules that contingent faculty DONT have reasonable assurance
of continued employment, while at the same time obstructing claims by asserting that they
DO have reasonable assurance.
Additional Testimony:
Adjunct faculty submit testimony in support. They explain their positions have no reasonable
assurance of employment, and share the financial hardships this system creates for them.
Pat Baird, MA, RD, FAND
Sara Berry
Melissa Bettigole
Linda Bradley, MFA ATR
Lisa Macbride, Adjunct Instructor, Tunxis Community College
Kristin Nord Phelps, Writing Tutor, Naugatuck Valley Community College
Bonnie Yeomans
NATURE AND SOURCES OF OPPOSITION:
Jennifer Widness, President Connecticut Conference of Independent Colleges (CCIC):
Submitted written testimony in opposition. Ms. Widness says the bill requires review from the
Department of Labor, and CCIC has "significant concerns." She says "the nature of adjunct
faculty is that their positions are part-time and temporary. They are hired to supplement
the course offerings by teaching a course that may not need to be offered every year or every
semester." She says adjunct positions are, "not intended to be a permanent position," "many
adjunct faculty are employed elsewhere," and "the majority of adjuncts are not the primary
source of household income." Ms. Widness also says the bill is impractical because it
requires institutions to provide a list to the Department of Labor of who does and does not
have a "reasonable assurance" of employment in April or May. She continues to say that
institutions "can not" provide "reasonable assurance" because "schedules are finalized over
the summer. If a course does not have adequate enrollment to proceed, a course may be
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canceled." Thirdly, "this bill would be cost prohibitive to implement for institutions of higher
education that are already facing enormous fiscal stress Unlike public institutions of higher
education, independent institutions are self-insured and have to cover their unemployment
expenses out of their operating budget."
Reported by: Jeremy Salyer Date: 03/31/2021
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