PSU-AAUP

Member Message July 2nd, 2014

July 02, 2014 / PSU-AAUP

July 2nd, 2014

In this message:
1. Collective Bargaining Update- No new date set for Bargaining New Ranks but August looks hopeful
2. AAUP Grievance Settlement- Communications Policy Changes October 2013
3. Dates set for AAUP Unfair Practice Charge against PSU regarding PSU threat to cut off faculty email if they went on strike
4. Settlement talks underway on the following
      1. AAUP Unfair Practice Charge regarding PSU demonstration guidelines
      2. AAUP Grievance regarding closure of the Early Childhood Training Center
      3. AAUP Grievance regarding creation of Office of Academic Innovation
      4. AAUP Grievance regarding SHAC Winter Closure
      5. AAUP Grievance regarding the Unilateral reduction in pay of a Program Administrator II
5. Supreme Court Decision- Harris v. Quinn and what it means for PSU-AAUP
6. Academic Professional Caucus Save the Date- July 29 noon Smith 238
7. AAUP-Oregon Executive Committee meeting rescheduled to Thursday August 7 2:00 pm to 6:00 pm at Portland State. Room to be determined.
8. Oregon State University Faculty Organizing to be announced
9. Carol Mack announces resignation as Vice Provost Academic Personnel and Leadership Development to return to the faculty
10. News you can use
     1. Past email messages
     2. PSU-AAUP Website
         1. Grievance Settlement Updates
         2. Collective Bargaining updates
         3. Association Endorsements and Positions
   4. Selected PSU-AAUP News on the website
         5. Selected Oregon Higher Ed Faculty News on the website
         6. Selected National Higher Education News on the website
    3. Links to all the news we track
         1. Portland State Faculty News
         2. Oregon Higher Education Faculty News
         3. Higher Education Faculty News from around the Nation

1. Collective Bargaining Update- No new date set for bargaining new ranks, but August looks hopeful
PSU-AAUP and PSU last met on June 16, 2014 to negotiate the new ranks. The two sides are in agreement about salaries, but are not in agreement on implementation. See PSU-AAUP Bargaining Update June 16, 2014 for more details. You can track the progress in bargaining through the past member message links below, or the bargaining update blog on the PSU-AAUP website.

The teams have exchanged tentative dates to meet twice since June 16 but keep running into problems with vacations and conferences. We have dates under discussion for August and hope to have dates set soon.

2. AAUP Grievance Settlement- Communications Policy Changes October 2013
In October the University promulgated the PSU Communication Procedure requiring a new communications authorization reimbursement form. This new policy aggregated and altered the existing “Wireless Communication Policy and Allowance” and the “Broadband Internet Service Reimbursement Policy.” Associated with the change was the immediate and unannounced termination of reimbursements under the previous policies for approximately 26 AAUP Members.

PSU-AAUP filed a Division A contractual grievance citing the failure to bargain pursuant to Article 8- Past practices of the collective bargaining agreement, and failure to abide by the termination notice requirements of the previous policies. PSU-AAUP and PSU met on numerous occasions. PSU-AAUP and PSU signed an MOU in June with PSU-AAUP agreeing to the new policy, PSU agreeing to pay AAUP members who were due reimbursement for the month of October 2013 under the previous policies, and PSU agreeing to negotiate with PSU-AAUP over any contemplated future changes to this reimbursement program.

3. Dates set for AAUP Unfair Practice Charge against PSU about threat to cut off email
In April 2013 PSU promulgated a frequently asked questions (FAQ) document, and a link to the University Demonstration Guidelines. The FAQ document advised that if they went on strike they would would be denied access to their PSU email and PSU electronic services. PSU advised they would enforce their demonstration guidelines, which PSU-AAUP found to be unlawful. PSU-AAUP found both unlawfully interfered with a member's right to participate in AAUP, and interfered with their ability to engage in activity protected by the Public Employees Collective Bargaining Act. PSU-AAUP filed an Unfair Practice Charge with the Employment Relations Board against PSU and the Board accepted the case.

The Employment Relations Board has reserved two dates for the hearing: Wednesday September 3, 2014 and Thursday September 4, 2014 at a location to be determined (we have asked that it be held at PSU) All members are welcome and encouraged to attend.

4. Settlement talks underway

1. AAUP Unfair about Demonstration Guidelines
PSU-AAUP found an enthusiastic ally in the Oregon Chapter of the American Civil Liberties Union (ACLU) in this case. The PSU Demonstration Guidelines prohibited the use of traditional picket signs- those made of wooden sticks affixed to large placards. This is a matter that the ACLU has successfully challenged elsewhere. The issue is even more interesting as PSU attorney P.K. Runkles-Pearson is also the Secretary of the Board of Directors of the Oregon ACLU. PSU and PSU-AAUP have entered into settlement discussions about the Demonstration Guidelines, and we anticipate we will reach an agreement that will be the template for a new Demonstration Guidelines that comports with the law.

2. AAUP Grievance regarding SHAC Closure
This past winter 2013 SHAC leadership decided to close SHAC and force AAUP members to use vacation or unpaid leave December 24-27. This is the first time a unit of PSU made the decision to close independent of the University Closure policy. PSU-AAUP determined that the unilateral action violated both the Public Employees Collective Bargaining Act as the matter required bargaining with AAUP, and it violated Article 8- Past Practices of the Contract. PSU-AAUP filed a grievance, issued a demand to bargain, and filed a parallel Unfair Practice Charge (which we put in abeyance pending the outcome of the grievance). We have since entered settlement talks with PSU attorneys. We hope to reach an agreement that clarifies whether individual units can close independent of the University Closure policy, and that could return the vacation days that were taken from SHAC employees who would otherwise not have chosen to use them at that time.

3. AAUP Grievance on creation of the Office of Academic Innovation
Last Summer 3 academic professionals- two instructional designers and one program assistant, were given notices of layoff in the Office of Academic Innovation soon after the unit was created. No previous document about the OAI creation, including those provided the Faculty Senate Educational Policy Committee (EPC) who made a decision approving the unit, provided any indication that employees would be released. One of the employees was a member of the AAUP Executive Counsel and Co-Chair of the PSU-AAUP Strike Strategy Committee and the notice of layoff arrived right after that group had its first meeting and promulgated its first newsletter. PSU-AAUP also determined that a significant amount of those instructional designer's positions was slated to be transferred to lower paid new classified employee positions.

PSU-AAUP filed a grievance on the matter in Fall 2013 and then an Unfair Practice Charge in Winter 2014. PSU and PSU-AAUP interrupted the grievance process at Step Two to attempt settlement talks soon after we ratified the contract. Each side has submitted settlement proposals that could bring at least one of the laid off employees back to work with potential reinstatement rights for the other two. We remain hopeful we can settle the matter soon, but are prepared to adjudicate if settlement is not reached.

4. AAUP Grievance regarding closure of Early Childhood Training Center (ECTC)
in Winter 2014 the two academic professionals who had been in ECTC for many years were noticed that their unit was being closed and they were given their 180 day notice. PSU-AAUP filed a grievance citing the failure to follow Article 22- Retrenchment and included the matter in the parallel Unfair Practice Charge. The grievance was denied at Step One and on its way to Step Two was referred to settlement discussions with PSU attorneys. We've explored some settlement options but are not clear if a settlement is reachable.

5. AAUP Grievance about the unilateral reduction of pay of a Program Administrator II.
In Winter 2014 a program administrator II was given notice of layoff and at the same time offered a program administrator II position for $20,000 less per year. The duties of new position were essentially the same, but the scope of responsibility, and the work load of the new position, was larger. PSU-AAUP filed a grievance challenging the reduction in pay, a demand to bargain the decision and effects of the layoff, and included the matter in the parallel Unfair Labor Practice Charge filed on other bargaining violation matters (the ULP is in abeyance pending attempts to resolve the matter directly with PSU). It was denied at Step One, then PSU-AAUP and PSU attorneys agreed to attempt resolution during post ratification settlement talks. We are still far apart.

PSU-AAUP proposed confidential mediation on the matter. PSU agreed to engage in mediation provided PSU-AAUP was willing to engage in mediation on the AAUP OAI grievance and AAUP ECTC Elimination grievance. PSU-AAUP agreed. AAUP General Counsel David Reese has reach out to Oregon State Conciliator Janet Gilman, the same mediator to help us reach tentative agreement. We will advise when mediation is scheduled and whether it was successful.

5. Supreme Court Decision- Harris v. Quinn and what it means for PSU-AAUP
The Supreme Court issued their decision June 30 in Harris V Quinn rejecting the argument that Personal Assistants (PA) employed by both the State of Illinois and the home bound customers they serve need to pay fair share fees to SEIU for matters germane to collective bargaining.

It is a narrow decision that does not throw out existing law previously set by the Supremes in Abood v. Detroit Bd. of Ed. 431 U. S. 209 (1977). 656 F. 3d, at 698 establishing the justification of fair share fees to prevent freeriders in unions, or how those fees should be collected to balance nonmember first amendment rights with collective bargaining interests (Pickering v Board of Ed. of Township high School District 205, Will Cty., 391 U.S.563 (1968))

The decision pivots on the fact that these employees are not full- fledged public employees and should thus not be treated as such under the previous legal tests that justify agency fees. It is a very narrow ruling and will only apply to employees of third parties that are paid using public funds. It does not annul our ability to collect fair share fees nor will it require that we change the way we collect those fees.

The decision does, however, open a new argument against fair share fee agreements in those cases where Abood can be similarly challenged. There can be no argument that PSU-AAUP bargaining unit members are public employees, as are all higher education faculty members in the sphere we operate, so it is unlikely to have an impact on our niche. It will, however, weaken the house of labor as the Right to Work Foundation is emboldened to take on more agency fee agreements that arguably look like Harris v Quinn. The decision may limit our fellow Oregon unions SEIU 503 and Oregon AFSCME from collecting Fair Share Fees from its home health care workers, and this will have an impact on their efforts, as prominent voices supporting public employees in Salem, on their ability to protect the interests of all Oregon pubic employees.

6. Academic Professional Caucus
The next academic professional caucus will be Tuesday July 29 12:00 noon to 1;30 pm in Smith 238. Light lunch will be served. Please RSVP to Emily that you will attend so we can ensure we can feed everyone. Academic professionals are encouraged to invite and bring Non-members (who you can encourage to fill out an application too!) Download a member application

7. AAUP-Oregon Executive Committee meeting
PSU-AAUP is affiliated with AAUP-Oregon, which has been operational since the faculty at University of Oregon (United Faculties of University of Oregon) ratified their first contract as an AAUP/AFT joint chapter in October 2013. All PSU-AAUP members are members of AAUP-Oregon and are welcome to attend the Executive Committee meeting (Executive Committee meetings are held 4x/year and rotate between PSU, UO, and OSU)

The next AAUP-Oregon Executive Committee meeting will be Thursday August 7 from 2:00 to 6:00 pm at Portland State University. Room will be announced as soon as it is booked.

8. Oregon State University faculty organizing may commence soon
National AAUP and National AFT, in conjunction with AAUP-Oregon and AFT-Oregon, have reviewed its recent faculty survey of the Oregon State University and will explore organizing the faculty at Oregon State University. We will share more information as it becomes available.

9. Carol Mack announces resignation as Vice Provost Academic Personnel and Leadership Development
Carol Mack has been the Vice Provost Academic Personnel and Leadership Development since approximately 2006. She has been the chief spokesperson for two presidents in four full contract bargaining sessions and countless other negotiations with AAUP. We have observed her role has been difficult- her roots are as a long term PSU faculty member (she has been at PSU 26 years), with a deep understanding of the PSU faculty and culture, yet as Vice Provost Academic Personnel she has needed to represent the desires of an administrative team who did not come from PSU, who have remained relatively disconnected from the faculty and have not cared for the history and culture Carol and we all know so well. Still, she approached her role with professionalism, equanimity, and maturity. She has been a strong advocate for her constituency, and while we disagreed with her on many issues, we reached agreement with her on many- indeed, most of the issues brought before us.

Thank you for your service, Carol, and welcome back to the faculty.

10. News you can use

1. Past Member Email messages

• 06/17/2014 - PSU-AAUP Bargaining Update June 16, 2014
• 06/13/2014 - AAUP - Member Message June 13th, 2014
• 06/06/2014 - [AAUP News] Update on New Ranks Bargaining and more
• 05/26/2014 - AAUP: Raises are finally here! May 26, 2014
• 05/23/2014 - Tickets left for Jobs with Justice Dinner
• 05/21/2014 - AAUP Membership message May 21, 2014
• 05/20/2014 - Nomination to AAUP-CBC meeting
• 05/13/2014 - AAUP Member Message May 12, 2014
• 04/27/2014 - AAUP: The Fight for the Budget and Academic Values
• 04/23/2014 - AAUP: Notice of Two Public Forums for revising PSU P&T Guidelines
• 04/20/2014 - AAUP: Ratification Vote Results and Next Step