UUP ESC Chapter
Executive Board meeting
Wednesday, June 13, 2007
10:00 PM – 4:00 pm
Latham, New York

Present: Marianne Arieux, Jacqui Berger, Richard Butler, Kristina Delbridge, David Gechlik, Jay Gilbert, Reynolds Jones, Maureen Kravec, Cathy Leaker, Ann Loughman, Moses Musoke, Phillip Ortiz, David Puskas, Robin Voetterl
Maureen Seidel – NYSUT Labor Relations Specialist

Center and Program Issues
Some members and prospective members do not understand why they should be union members. Discussion focused on what the chapter can do to support the membership
• Packets are distributed to new hires and to new members
• Welcoming committees at centers and at the coordinating center perhaps...
• FAQ - Communication
• Restoration of “Labor Notes”
• Find ways to address powerlessness
• A retreat for “UUP the Chapter” specifically for the chapter
• Being proactive with the new level of management
• Pushing the training of administrators
• Protecting the most vulnerable
• UUP report to Joe Moore at the time he arrived has been acted on. Powerlessness and powerfulness when considered should take this into account.
• How should we view things like release time, when the work itself is not quantified.
• How to protect vulnerable faculty within the new evaluative instrument.

Officer Reports
Treasurer – chapter expenses, especially travel, have drained our finances. Motion to request a supplemental appropriation from UUP – made by Jacqui Berger, 2nd Moses Musoke. Motion carried unanimously.

Chapter president Gilbert left the room. Motion to renew the chapter president’s half-time release time to serve the interests of the chapter – made by Phil Ortiz, 2nd Robin Voetterl. Motion carried unanimously. President Gilbert returned.

Grievance Chair (Moses Musoke) – There is an uptick in grievances. There is also an increasing willingness on the part of ESC to use Article 19.8 to interrogate. There can be very serious consequences due to the use of Article 19.8. People are being interrogated regarding their understanding of the handbook as well as their actions. This can lead to charges of not fulfilling professional responsibility. Until the past year ESC has almost never used interrogation, now they are doing so.

NYSUT Labor Relations Specialist Maureen Seidel – If an interrogation is to occur, she will be notified first because she needs to be present at an interrogation that may lead to disciplinary action. NOTE: If a member is being called in by an ESC manager, there are two questions that the member must ask:

“Am I being interrogated under article 19 of the contract?” AND “If I refuse to answer will I be referred for discipline because of insubordination?” If the answer to either is yes, then union representation should be called for.

The college’s position is that only the office of Human Resources or the office of the VPAA/Provost can perform an interrogation. Some Deans do perform interrogations, but they cannot legitimately do so unless the VPAA/Provost had delegated them as her representative.

Part-Time Employee Issues
Jacqui Berger reported: Proper appointment letters for part-time employees are not being provided by the college. Presently a fill-out form is being used – which part timers are supposed to sign and return for inclusion with their appointment letter. This is not in accordance with the contract.

Additionally, the cap of .75 for part timers is being “blamed” on the union and those who are full timers elsewhere are limited to .25. Jay suggested that the ESC policy may be in response to a PERB adjudication that a SUNY college hiring someone part time at over 95% is actually assigning the equivalent of full-time work, but is not having to give full-time benefits (e.g., tenure) to the employee. The .75 rule may be ESC’s internal response to that decision – thus guaranteeing that they can avoid facing similar adjudication.

We are working to bring the college into compliance with the requirements in Article 30.4 of the UUP NY State Agreement for appointment letters and payment for part-time employees. A grievance is being prepared on this issue - politeness has not worked and we’ve been “yessed” to death for more than a year.

Jacqui requests names and emails for part time employees to invite to her “ESC part timer’s” Google group. (Jacquib@roadrunner.net)

Labor Management Meetings
Current issues were briefly discussed, including appointment letters for part-time employees, performance program issues for professionals, and correction of hourly definition of a workday by some managers for UUP represented employees.

Implementation Progress for New Procedures for Evaluation of Academic Employees
The new negotiated procedures are in place, and the first academic faculty (employed during the past year) are beginning the process as candidates. We will monitor progress and reactions of both candidates and other participants.

Progress of Current Negotiations on New Handbook for Professionals
Negotiations are continuing between chapter appointees and ESC management appointees, and good progress is being made.

Other Business
“Labor Notes” will be reinitiated, as a gesture of solidarity and as a method of communicating between the Executive Board and the membership. Supported by the whole board. Reynolds Jones will function as editor for “Labor Notes” for an initial one year term.

Motion to adjourn: Phil Ortiz.