Some Faculty Still Unclear
on Membership Status
Anecdotal evidence suggests that a number
of newer faculty do not understand CSU’s system of “fair
share fees.” Specifically, some faculty who are paying a full
monthly dues component to the CSU-AAUP believe themselves to be automatically
members of the organization. Not true. Joining the organization requires
the affirmative step of filling out a membership form.
Article 3 of the contract specifies that
all faculty hired after January 16, 2001 are subject to the contract’s “fair
share” fee provision. Essentially, all new faculty will be charged
full dues whether they are members or not, unless they specifically
object to paying full dues, as specified in the article that follows
this one.
Therefore, you may continue to pay full
dues, receiving no member benefits, object to paying, as specified
in the following article, or join. We recommend the third option. It
costs very little compared to what objectors pay (about 5 dollars a
month if your salary is 40,000). And, if you are already paying a full
fee, it will cost you nothing to join. So, download that membership
form, fill it out and send it in! For a fuller examination
of Collective Bargaining Terms, please see the article entitled “A
Primer.”
A Primer on the Collective Bargaining
Environment at CSU
Many faculty, including those who have
been employed at CSU for decades, do not understand the structure of
collective bargaining at Cleveland State. Following is a primer for
those who are new to the University, and a remedial course for those
who have been here and have never understood the situation.
The bargaining unit consists of all
full-time faculty who are either tenured or on a tenure-track (except
in Law), plus a handful of “Research and Public Service” faculty
in the College of Urban Affairs. It does not include chairs, associate
deans, deans, and other managerial employees (defined as individuals
whose faculty responsibilities are less than 50% of their job description)
who have faculty rank.
With the exceptions noted above, all
faculty, whether members of AAUP or not, are members of the bargaining
unit. Therefore,
(1) In elections for College and University
PRCs, you can vote whether you are a member of AAUP or not, and
(2) By law, you are entitled to “fair
representation,” meaning that you can bring grievances to the
AAUP, and we must represent you, whether you are a member or not. It
also means that you are as bound by the contract as anyone else.
AAUP members are bargaining unit faculty
who have filled out a membership form and are paying full dues to the
local chapter. These folks are entitled to all rights and privileges
of AAUP membership, including the peace of mind that they are doing
the right thing. They have full input into the policy-making process,
especially in preparation for negotiations, and vote for local chapter
officers.
Fee-payers are members of the bargaining unit who were hired after January,
2001, but are not members of the AAUP. They pay annual fees to the organization,
but cannot vote or otherwise participate in chapter decision-making.
Their fee represents the efforts the AAUP makes on their behalf.
Free-riders are members of the bargaining
unit hired before January, 2001 who are under the odd impression that
they deserve the benefits of collective bargaining without paying anything
for those benefits. It consists of two groups: (1) those who never
wanted collective bargaining in the first place, and would rather have
no contact with the AAUP (in diplomatic terms, this is known as “correct
relations”) and (2) those who try to tell us what to do during
negotiations (in Yiddish terms, this is known as “chutzpah”).
The other CB organizations on campus
are SEIU (mostly professional staff) , FOP (campus security) and CWA
(most other employees, including some professional). Through the Unity
Council (a confederation of these organizations), we negotiate jointly
on health care at CSU.
The Law School Faculty elected in 1992
to be excluded from the bargaining unit. They could (and we believe
should) form their own bargaining unit.
The Faculty Handbook (“Green Book”)
covers all university regulations not covered by the labor contract.
In cases where there is a discrepancy between the Green Book and the
labor contract, the labor contract supersedes. The handbook addresses
includes a variety of academic concerns, such as curriculum, as well
as the by-laws of the Faculty Senate, which is responsible for its
maintenance (see the Senate website at csuohio.edu). It also governs
law school practices.
From: “CSU-AAUP Newsletter,” by Rodger Govea.
CSU-AAUP Contract Benefits;
or
Why CSU Faculty Should Join The CSU-AAUP
by David Larson
Associate Professor David M. Larson (ENG) is currently
the Chapter President and he has been a member of the Chapter Executive
Committee since the Chapter Bylaws were adopted. He was a member of the
negotiating team for both of our contract negotiations. This statement
is a revision of a paper Professor Larson wrote after the first contract
was negotiated.
The CSU Faculty are now well into the second Contract
negotiated by the AAUP. Because of the support of dedicated members,
we have been successful in numerous ways: we have defended faculty rights,
increased equity in the treatment of faculty in wages and benefits, and
maintained the faculty's role in the governance of the University.
Because not all faculty are familiar with the benefits
gained by the AAUP Contract--and some seem woefully misinformed about
the AAUP's efforts on behalf of faculty--I thought it would be useful
to review the benefits the AAUP has gained for faculty in the last two
contracts and to look at areas which still need improvement.
Following are a few of the ways in which we have all been
better off under the CSU-AAUP Contracts.
Non-Economic Issues
I begin with non-economic issues because they are often ignored,
yet for us as professionals they are crucially important.
In the past two contracts the CSU-AAUP achieved significant
gains for the faculty in four areas: 1) the protection of tenure, 2)
faculty governance, 3) faculty grievances, and 4) the protection of faculty
in a financial crisis. Given the current state and national hostility
to faculty prerogatives, this is a remarkable achievement.
1) Tenure: As the Contract states, faculty are now tenured "...by
the University...." They are not tenured merely in a particular program
or department. So when a program is suspended (as the major in German
was), the tenured faculty members in that program will be retained, not
laid off, and, even if an entire department is closed, the University
must make a good faith effort to find its members an equivalent position
within the University, including retraining them if necessary.
2) Workload: CSU-AAUP has just shifted to semesters. In
that shift the faculty have maintained--indeed, with the addition of
the banking system have improved--the teaching load they had during quarters,
and we have done this in the face of demands by the Regents and the Legislature
that faculty increase their teaching load and decrease the amount of
time they spend on research and University service. This would not have
happened without the AAUP. Those of you who have been here as long as
I may remember that the previous CSU consideration of semesters foundered
because of administrative insistence that under semesters the normal
research/service load would be three courses per semester. In our recent
shift to semesters we have maintained the eight credit per term research/service
load, and we have added a banking system for work on theses and dissertations--work
which previously received no credit whatsoever.
3) Governance: To protect the faculty's right to determine
curriculum and its larger role within the University, the Contract recognizes
faculty governance at CSU (Article 40). Thus when an administrator recommends
that a program be added or closed, the faculty's right to make the final
decision (plus the "Greenbook's" requirement that specific procedures
be followed in arriving at such a decision in order to provide affected
faculty a chance to respond to the proposal) now has legal standing.
In a time when the University is under great external pressure to add
vocational programs and abandon ones which are devoted to the pursuit
of knowledge for its own sake, such protection is crucial. We will not
arrive at school one morning to discover--as has happened at other Universities--that
the Administration has announced the abolition of the physics department
because it is irrelevant to our urban mission.
4) Grievance: The most overlooked benefit of the Contract
(except by those faculty who have needed it) is its excellent grievance
process. The Contract's grievance process benefits both the faculty and
Administration.
For faculty the grievance process provides an opportunity
to have their cases heard impartially. The process may include a hearing
by a panel of the faculty member's peers, and, when warranted, it may
end in binding arbitration.
One central goal of the Contract is to ensure faculty
fair and equitable treatment. If the contract is violated, the faculty
member has the right to file a grievance. Because he or she is represented
by a Grievance Officer from the AAUP and because the Administration's
actions may finally be judged by an arbitrator, the Administration must
treat the complaint seriously. It cannot simply shrug it off, as was
frequently done in the years before we had a contract.
For the Administration the grievance process provides
a mechanism for ensuring that faculty know they are treated fairly so
that old wounds do not continue to rankle. It promotes faculty morale.
The success of the grievance process in resolving issues
can be seen in the fact that the CSU-AAUP has taken very few cases to
arbitration. Most have been disposed of at a previous level. The process
works because it ensures that complaints of contract violation are treated
with respect by administrators.
5) Financial Exigency and Academic Re-organization: None
of us like to contemplate the possibility of a truly dire financial emergency
at CSU, but this event is occurring more and more frequently across the
nation--most recently at Central State University here in Ohio.
Should CSU's Administration ever declare a condition of
financial exigency, followed by an academic re-organization, the Contract
guarantees the AAUP a role in: 1) examining the validity of the claim
of financial exigency, and 2) making recommendations to cope with the
crisis with the least disruption to education at CSU. The Contract also
provides protection and compensation for faculty facing dismissal because
of a genuine financial crisis.
Every faculty member in the University benefits from these
guarantees in the CSU-AAUP contract. Most faculty have also benefitted
financially.
Economic Issues:
Although the CSU-AAUP has certainly not won everything it
hoped for--and that it believes the faculty deserves--in the pay raises in
the first two contracts, it achieved real economic gains for most faculty
members.
1) Benefits: Perhaps the most dramatic victory is in our
benefits packages. In the face of concerted national and local efforts
to make faculty pay more for fewer and worse benefits, the CSU-AAUP Contracts--and
the negotiations carried on by the Benefits Committee established in
the first Contract--succeeded in improving our benefits. We have given
up nothing and have added both a third health care choice and a new crisis
intervention program.
On benefits the CSU-AAUP contracts have helped everyone
at CSU--faculty, staff, and Administration.
2) Salaries: Many faculty have been disappointed with
the salary packages the negotiations have achieved--including the members
of the Negotiating Team. The raises did not do enough to recover the
ground the CSU faculty lost in the ten years previous to the first Contract
compared to the rates of inflation or to the salaries of our colleagues
at other universities.
Yet the packages the AAUP won have accomplished much.
We have established minima for each rank--and added small supplements
for years in rank--to create equity for faculty who have demonstrated
their commitment to this University but who were treated unjustly in
the years before the contract, a time when raises were too often based
on whim or favoritism.
The minima and the supplements for years in rank established
the principle that a competent, dedicated professional deserves a living
wage. Although the three per cent raise per year we gained in our contracts
was much less than the AAUP sought--and much less than the faculty deserved--
it was, in the judgment of the Negotiating Team, the most the Board would
authorize short of a credible threat of serious faculty action. A stronger
union would have meant a larger raise.
The same circumstance accounts for the very limited market
adjustments afforded faculty members (including many in the Business
College) whose pay has fallen behind the standard levels of their fields.
The Board did not take their complaints seriously, and without strong
membership support, the AAUP cannot force the Board to grant more than
it wishes.
After serving on two Negotiating Teams, I can confidently
say that, as far as economic issues are concerned, the AAUP has had a
significant impact in making certain that money is distributed more equitably
than in the past, but, until we have more members, we are not likely
to be effectual in increasing the amount of money available for faculty
raises.
Conclusions:
Although we have made significant gains in our first two
contracts, there are areas in which the faculty at CSU still needs to make
progress.
We need a stronger governance clause to make certain that
faculty maintain their control of curriculum. This is especially important
given increasing efforts by the Regents in Columbus to determine what
we will and will not teach.
We need to have undergraduate independent study count
as part of our teaching load, as graduate advising of theses now does.
We need to extend benefits to domestic partners insofar
as is legally possible so as to ensure equity for all faculty.
We need significant improvements in pay, including: substantial
across-the-board increases to make up for the years of losses, market
adjustments for those who find themselves making no more (or less) than
newly hired colleagues at lower ranks, and fairly distributed, significant
merit increases which reward all the things that faculty do-- teaching,
service, and research.
To gain any of these--and especially to force the Board
of Trustees in our next contract to release the money necessary to remedy
years of economic injustice--we must have a majority of the CSU faculty
as members.
If you believe that hitching a free ride on the contract
while others willingly pay membership dues to the CSU-AAUP is a "smart" thing
to do, I would suggest that you think again. You are being penny-wise
but pound foolish. Yes, you are saving a few dollars a month while getting
the same benefits your colleagues are receiving who are paying their
fair share of the AAUP's expenses. Yes, you share in the protections
the AAUP grants all members of the Bargaining Unit. When an administrator
violates your rights as a faculty member, we will use the contract to
defend you, AAUP member or not. When Columbus tries unilaterally to increase
your workload, we will use the contract to stop that from happening,
AAUP member or not. When we negotiate pay increases or benefits improvements,
you will share in them, AAUP member or not.
But because you are not an AAUP member, we do not have
the power we need to pressure the Board to grant the raises we deserve.
Because you are not an AAUP member, we cannot convince the Board that
we have the enthusiastic endorsement of our colleagues, who will support
us in threatened job actions. Because you are not a member, the CSU-AAUP
is not strong enough to improve significantly the economic status of
our faculty as a whole.
So, yes, your refusing to become a member weakens the
AAUP--the representative of all the faculty outside the law school. To
gain a few dollars per month you muffle your voice within the CSU-AAUP,
you undermine your own representative in its negotiations with the Administration
and the Board, and you throw away any chance of our achieving the raises
we deserve as a faculty. You let your colleagues pay your way for you,
take advantage of their efforts, and you make it more difficult for them
to achieve our mutual goals.
Make your voice heard within the AAUP! Make AAUP's voice
stronger with the Administration and the Board of Trustees! Make a difference
at CSU!
All you need to do is join AAUP; do your part; and pay
your way.
Posted February 3, 1999.
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