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AAUP Accedes to Administration Request—Negotiations Delayed
Vol.15 No. 1, September 15, 2006

At the request of Cleveland State’s administration, the CSU-AAUP has agreed to delay negotiations on economic issues until early November. Citing uncertainties in the budget for the next biennium, the administration asked the AAUP to postpone negotiations on the next contract until after November 9, at which time the administration claims it may have a better sense of how much money will be available for raises during the next three years.

The AAUP agreed to this request because there appeared to be no downside to it. Given the normal pace of negotiations, it would probably have taken until mid October before we started discussing economic issues anyway. So it seemed sensible to agree to defer discussion of monetary issues until November when the budget picture may be clearer. As a consequence, the current contract has been extended until March 1.

In exchange for agreeing to this delay, the AAUP asked for several things: 1) agreement to begin discussing non economic issues no later than October 1, so we are ready to turn promptly to economic issues in November, 2) agreement to bring in a fact-finder/mediator immediately if a tentative agreement is not reached by January 15, so that any remaining issues may be resolved promptly, 3) agreement that salary increases negotiated for the new contract will be retroactive to fall, 2006, and 4) agreement that each faculty member would receive $1,000 of faculty development money for the academic year 2006-7, accessible immediately under the same conditions as in the last contract. The administration has agreed to all of these conditions.

Although the CSU-AAUP’s Executive Committee and negotiating team are not pleased with the delay, it seemed the only sensible decision in the circumstances. We lose nothing, and we gain immediate access to faculty development money—a crucial resource for faculty attempting to build their careers.

We hope that our reasonableness on this matter will be matched by the administration when negotiations on substantive issues begin.

Members of the negotiating team are: David Larson, chief negotiator, Nilufer Dural, Eileen Berlin-Ray, Ed Thomas, and Susan Slotnick, with two alternates, William Beasley and Pratibha Ghatage. ☼

Chapter Officers Elected for the Coming Year

Chapter officers elected in April are: Paul Doerder, president; Elizabeth Cagan, vice president; Leo Jeffres, treasurer (who will take over after the treasurer’s report by the outgoing treasurer, Ed Thomas); William Beasley and Diana Orendi, members at large. This past year, James Carl served as secretary, resigning when he became chair of his department. Ed Thomas was elected secretary, but has been appointed grievance officer and a new secretary is being elected. ☼

Planning and Negotiating the Contract

The AAUP Chapter began preparations for the current contract negotiations early in the year, first selecting the Bargaining Council, which began meeting regularly starting last spring and continuing through the summer.

Members of the Bargaining Council include faculty elected by college (William Beasley, Education and Health Services; Bob Cutler, Business; John Jeziorowski, Science; Jeff Karam, Liberal Arts & Social Sciences; Harry Margulis, Urban Affairs; Ernest Poulos, Engineering), faculty elected as at-large representatives (Norbert Delatte, Pratibha Ghatage, Robert Krebs, David Larson, Susan Slotnick), members of the chapter Executive Committee (Paul Doerder, Elizabeth Cagan, Edward Thomas, Rodger Govea, Leo Jeffres, Diana Orendi), and members of the negotiating committee noted above.

As negotiations continue, the council will be consulted to see that the contract emerging reflects the views and wishes of the chapter membership to the greatest extent possible. ☼

From the Chapter President
by Paul Doerder

Welcome back! And, welcome new faculty members! A busy summer has merged into a busy fall semester, with negotiations for our 5th contract the most pressing AAUP issue. Many thanks to the Bargaining Council for its work over the summer and to the negotiating team for obtaining faculty development funds for this academic year. If you have any questions concerning negotiations, please don’t hesitate to contact me.

2I am pleased to announce that Ed Thomas has been appointed grievance officer. Ed replaces Rodger Govea who is on professional leave having obtained a Fulbright Fellowship. Prior to his outstanding service as grievance officer, Rodger was communications officer. Ed can be reached at 687-4766. Since Ed was secretary-elect, a special election will be held to select a new secretary.

I extend a special invitation to faculty who are not AAUP chapter members to join the AAUP and participate in its activities, including voting on ratification of a new contract. A special note to new faculty members: you must sign a membership form to join the chapter, as payment of fair-share dues does not automatically confer membership. The membership form is downloadable at http://www.csuohio.edu/aaup/download/download.htm. As always, I welcome your questions, comments, suggestions and ideas. Call me (x2442) or email at f.doerder@csuohio.edu. ☼

Policy on Nonmember Objector Fees

Applicable law provides that although employees represented by a union for the purpose of collective bargaining and related activities are not required to be members of the union, they may still be required to pay their fair share of the costs of operating the union. The Cleveland State University chapter of the American Association of University Professors (CSU-AAUP, the “Union”) policy in complying with the law, including Ohio Revised Code Section 4117.09, is as follows:

1. Employees who are not members of the Union, but who pay financial core fees, may request an adjustment in that fee based on their objection to Union expenditures they believe are not reasonably related to collective bargaining, contract administration, and grievance adjustment.

2. If you wish to object, the objection must be made within forty-five (45) calendar days of the date of this instrument. This notice normally will be sent in September of each year. It also will be provided at such other times as required by law. If the objection is timely filed, the advance reduction in the objector’s fee shall be effective for that calendar year, and will be based upon the Union’s expenditures for the preceding fiscal year (August 1 – July 31). Unless objections are made during the 45-day window period, there will be no adjustment of fees for that academic year; you will be charged the normal full monthly dues amount. Objections must be made on an individual basis only. No group objections will be considered. Objections must be renewed annually; there can be no rolling objections.

3. The financial core fee payable by objectors will be based on the Union’s expenditures for those activities or projects normally or reasonably undertaken by the Union to advance the employment-related interests of the employees it represents or are otherwise germane to collective bargaining. These are referred to as “chargeable” expenditures.

4. Chargeable expenditures include but are not limited to collective bargaining, contract administration, and grievance-arbitration. “Nonchargeable” expenditures include but are not limited to those in support of partisan politics or ideological causes not germane to the work of employee organization in the realm of collective bargaining.

In the preceding fiscal year (August 1 2005 – July 31 2006), a minimum of 57.5% of the Union’s expenditures was made for chargeable activities. 42.5% was spent on non-chargeable activities. Therefore, nonmembers who file objections will be charged 57.5% of the normal full Union does amount during this academic year.

However, in order to be charged the adjusted amount, you must send the Union a written objection within the time limits described herein. Otherwise, you will be charged the full dues amount.

5. Upon receipt of your objection, the Union will send you a full explanation of the basis for the fee charged to you. That explanation will include a detailed list of the categories of expenditures deemed to be chargeable and those deemed to be nonchargeable, and include the accountant’s report showing the Union’s expenditures on which the fee is based.

6. Following receipt of the information described in the previous paragraph, objectors will have thirty (30) calendar days in which to file a challenge with the Union to its calculation.

A. Preliminary Step: Executive Committee Review. The Union Executive Committee will hold a hearing on a challenge within thirty (30) days of the date the challenge is received by the Union. The purpose of the hearing is to allow the challengers to explain why they believe the reduced fee has not been properly determined. The Executive Committee will consider all the evidence and issue a written decision within thirty (30) calendar days of the hearing. The Executive Committee may direct that any or all of the challenges received be consolidated for hearing.

B. Request for Arbitration. Any challenger dissatisfied with the Executive Committee’s decision may request a determination by an impartial arbitrator. The request must be in writing and must be received by the Union within fifteen (15) calendar days following receipt of the Executive Committee’s decision. The request must specify the factual and/or other grounds upon which the challenger contests the Union’s calculation of the chargeable fee and must state what portion of the chargeable fee the challenger disputes. Requests must identify the Union, must include the challenger’s name, address, employer and social security number, and must be signed by the challenger. Requests may be made only on an individual basis. Group or class requests for arbitration are not allowed.

All challenges will then be consolidated into a single proceeding and submitted to an impartial arbitrator chosen in accordance with the American Arbitration Association’s rules for impartial determination of union fees. A portion of the objector’s fee equal to the amount which is challenged will be held in an interest-bearing escrow account while the objector pursues the challenge. The objector will be notified of the date, time, and place of the hearing. The objector and the Union will each bear all individually incurred costs in connection with presenting the challenge (travel, witness fees, lost wages, etc.) and may split all arbitration fees. Objectors may, also at their own expense, be represented by counsel or other representatives of their choosing. A court reporter may make an official transcript of the hearing before the arbitrator. The decision of the arbitrator shall be final and binding to the extent permitted by law.

7. Objections, challenges, and any other correspondence must be sent to the Union at:

CSU-AAUP
Law Building 241
Cleveland State University
2121 Euclid Ave.
Cleveland OH 44115

In your letter of objection challenge, and request for arbitration, if any, please print and sign your name, address, employer, and social security number. ☼

Locating Us on the CSU Website

If you’ve wondered where the AAUP chapter information is hidden on the CSU website, clip through the following sequence:

Faculty and Staff (on the CSU home page, nestled between “alumni and friends” and “visitors”) Employee Governance (located along the left hand column)
And there you’ll find us under unions on the middle of the page. Or, you can merely click on “search” in the upper right hand corner of the home page and slip AAUP into the search slot. ☼

Cleveland State’s AAUP Chapter Membership Hits 237, New Member Reception Hosted

The Cleveland AAUP chapter begins the year with 237 members, a number that should grow as newly-appointed faculty join. A reception for new faculty was held Tuesday, Sept. 12, in the Urban building, Room 241. All new CSU faculty pay their fair share to the AAUP, but need to join to have an active voice and vote on contracts and other official matters. New faculty who have questions are urged to contact AAUP members in their home departments, to call the AAUP office or get in touch with one of the members of the Executive Committee, who are ready to answer any questions. ☼

AAUP News
Cleveland State University Chapter
of the American Association of University Professors
Law Building 241, CSU
Cleveland, OH 44115
(216) 687-4694 (Voice)
(216) 687-9311 (FAX)
Email: AAUP@CSUOHIO.edu
Or f.doerder@csuohio.edu
Web:http://www.csuohio.edu/aaup/
Paul Doerder, President
Beth Cagan, Vice President
Leo Jeffres, Treasurer
Ed Thomas, Grievance Officer and
Leo Jeffres, AAUPNews, editor
Cynthia Coghlan, Office Secretary

 

Gary Pettey, Webmaster   |   Contact the CSU-AAUP

 
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