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June 2003 Newsletter
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Lack of Contract Awareness Yields Problems

Ponderings of the President

Major Changes in UPM Staff Positions

Grievance Officer's Report

Members' Benefit List

News From Beyond Marin

 

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Calendar

Events

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Ponderings of the President

 

 

 

 

by Ira Lansing

With so much happening these days it seems appropriate that we should reach into the old mailbag and see what's on people's minds. So here is a sampling of concerns.

"Dear UPM President,"

"What is my salary raise for next year? With the price of gas going up, not to mention all other expenses, it's time to show me the money!"

"Signed,"

Mercedes Beemer

"Dear MB,"

"Negotiations on reopeners began last spring. Salary is one of the two items allowable that was opened by UPM (the other is part-time bumping rights; the District also opened benefits). Given the current financial situation in the State, the District's funding is unclear. Both sides in the negotiations agreed to postpone further bargaining until August in the hope that the financial picture will be clearer at that time."

"Dear Warden,"

Get me out of here! Where is my retirement incentive?

"Signed,"

Papillon

"Dear Papillon,"

"The retirement incentive was put on the table by the District. UPM countered last April with some modifications that would protect employees who do not retire. The issue has not been dealt with since, nor has the District responded in writing to the counteroffer. It is still on the table and could be dealt with along with the reopeners mentioned above. It should be noted that at one point UPM proposed directly to the Board of Trustees that savings resulting from the incentive could be use to offset cutbacks in other areas. There was no response from the Trustees on this suggestion. If an incentive comes through, to whom it will apply and when will be clarified at that time."

"Dear Fearless Leader,"

"I can't keep up with the constantly changing administration. New deans, new academic vice-president, even a new president. Who is next?"

"Signed,"

William Henry Harrison

"Dear Mr. Harrison,"

"First, let me say what an honor it is that you would find the time to correspond with me. Although having the shortest term of office of any United States president may indeed afford you the time to write. Anyhow, you are correct. There is a new interim dean in the Arts & Sciences to replace Jan Dargel who became the temporary Academic Vice-President when Dona Boatright left to become an on-loan to the State Chancellor's Office; but Jan Dargel is now temporary interim acting president to replace Jim Middleton who left and is now a think tank consultant, but only until Lois Callahan arrives in August to be the interim president until a new permanent president is selected sometime in the next year. If you are following this, there is a one month vacancy in the Academic VP position. However, we can probably manage without for the time being. The point is, there are many changes in management that are and will be taking place. If you did not buy a program to keep you informed, then pay close attention to UPM publications for the latest information."

"Well, folks, that's about all we have time for. As you can see, there is a lot going on and it is important that you stay informed and let your opinions be known. Have a restful summer and I will look for you at the UPM flex workshop in August, at which time there should be updates on many of the current issues."

 

New Faculty Most Vulnerable

Lack of Contract Awareness

Yields Problems

"The UPM has discovered a possibly growing propensity of administrators to violate inadvertently Contract provisions due to a lack of experience on the job. Our own less experienced faculty may be particularly vulnerable. Problems with evaluations and assignments and scheduling, especially, have, as far as we know, been nipped in the bud. But only a concerted effort to know and to follow the Contract can prevent both unfair conditions and a spate of unnecessary grievances."

"It seems that administrators not up to date on Contract provisions may have dealt with evaluations, assignments, and scheduling in a manner that does not appear improper to faculty who are similarly not up to date on the Contract. Such a condition isn't unfamiliar, of course, but now it may become more pervasive because long-term administrators just don't exist in our District. Our front-line managers are all relatively new and are untempered by the history of events that have led to certain Contract provisions. Unfair practices of the past may again emerge unless both those managers and the less experienced faculty among us get up to speed."

The problems that have cropped up recently have so far been solved by the lucky intervention of knowledgeable UPM representatives. But we can't rely on that happening in each instance.

"Knowledge of the Contract is the only defense. For example, were you aware that upon your request a manager must provide you with a written reason for transferring you involuntarily? (Article 6.3.1) Did you know that without your consent, a manager cannot schedule you for three days and three evenings per week, four days and two evenings per week, five days and one evening per week, or six days with or without evenings? (Article 6.4.1) What about the fact that you cannot be assigned, without your permission, a day course followed by an evening course by less than 11 hours? (Article 6.4.4)"

"A lot about evaluations isn't well known, it seems, yet both administrators and faculty must adhere to the articles of the Contract that deal with the arcane process. Otherwise, faculty - especially probationary faculty - could become vulnerable. How sharp is your knowledge of that procedure? Do you know, for example, that when you're evaluated, you must work with a team of people including a peer evaluator and a UPM advisor? (Article 7.3.5)"

"Some faculty members think that just about the only thing that will lead to a serious problem evolving from an evaluation is immorality or the commission of a felony. Did you know that ""discovery of violations of UPM-MCCD contract provisions"" could lead to further investigation that could in turn lead to ""punishment, discipline or removal from [your] positions""? (Article 7.3.8)"

"Being relatively new to the District and being thus unfamiliar with the Contract can't be an excuse. The crop of management violations, however, is most likely attributable to that ""newness."" The only defense the faculty has is knowledge, and while we'd like to think that management will become more knowledgeable and less prone to error, the only way we can ensure our rights is to be knowledgeable ourselves."

"If you are ever in doubt about an assignment, a schedule, an evaluation procedure, or any other aspect of your work at College of Marin, ask any UPM representative, and maybe even check the Contract."


Major Changes in UPM Staff Positions

"Take note! Change is afoot within the UPM. Both the UPM Executive Counsel and most of the committees and staff positions now have new representatives in place, working for you during the next academic year. "

"Of the 17 standard committees and staff positions supporting the UPM and its operations, 11 have been significantly altered in their compositions. Some staffers have switched responsibilities, and some new faculty have been appointed to their roles for the first time. These changes represent probably the most extensive alteration of committee and staff makeup in the history of the UPM."

"After the last election, the UPM Executive Council has also experienced major change. Joining Ira Lansing, Jeff Cady, Paul Christensen, Carl Cox and Hank Fearnley are newly-elected members Deborah Graham, Arthur Lutz, Mike Ransom, and John Sutherland. As a group, they will meet together officially for the first time later this month. "

"The UPM's roster of staff positions, however, is not full. Remaining open and available to interested UPM members are the Representative positions for the Bay 10, North Bay Labor Council, and the Community College Council of the CFT. If you have any interest in serving in one or more of these important and interesting positions, please don't hesitate to contact the UPM."

"Among the ""new"" staffers officially starting in July will be Deborah Graham, who will continue her recently-acquired responsibilities as Budget Monitor; George Adams, who will be on the UPM Health and Safety Committee and the Professional Standards Committee; Joyce Marks and Mike Ransom, who will be joining Ed Essick on the Sabbatical Leave Committee; Sandy Boyd, who will be working with Jeff Cady as representatives on the Staff Development Committee; and Carla Smith-Zilber who will be editing the Press from August through December while Larry Tjernell is on Sabbatical. "

"Other staffers are assuming full responsibilities in their current positions or new responsibilities in different positions. In the coming academic year, David Jones will take over full responsibility for the UPM web site as Web Master. Alice Rocky joins George Hritz on the Professional Affairs Committee. And Jeannie Langinger and Carl Cox shift their former duties and take on the UPMPAC and Workload Committee, respectively."

"We wish Mike Godsey a fabulous retirement, and we certainly hope to see Jeff Kamler back as soon as possible. Thanks go to Grace Hom, Carol Adair, Rinetta Early, Jessica Naythons, Yolanda Bellisimo, and Marie McCarthy for their terrific work as UPM staffers during the past year."


Grievance Officer's Report

by Arthur Lutz

Shock and Awe

"As we all congregated in the cafeteria outside the Deedy lounge waiting for the start of that dramatic June 10th Board meeting where it was announced that President Middleton had resigned, it was interesting to observe how the Board members were acting. Ordinarily, they would have had very little to do with many of us, disdainfully ignoring what they had previously considered us to be - a minority group of faculty malcontents."

"But that night was different. Each of the trustees (most anyway) approached us eagerly and affably and urged that we get together and set up meetings to improve communications etc. etc., and they asked our opinions as to the best way to encourage collegial discourse etc. etc."

"It was not their typical behavior. They were personal and solicitous and conciliatory. Like flies around honey, they buzzed and flitted and exchanged cordialities with us."

"But that's how politicians are. They venerate power, and they knew that we had given them a master class in the exercise of power. In three short months our faculty had forced the resignation of a long tenured CEO, despite the Board's unequivocal public support for him and his policies."

"And now, after the announcement, Board members are already trying to regain some lost prestige by attempting to distance themselves from Dr. Middleton and his policies; the same policies that they had supported and encouraged for ten years; the same Dr. Middleton whom they had just rewarded with a letter of commendation and a $155,000 handshake."

Do you think that this distancing has anything to do with the fact that four of the trustees are up for re-election in November?

"The resignation of Dr. Middleton was the result of years of widespread faculty dissatisfaction culminating in an overwhelming vote of no confidence on March 27th. This dissatisfaction extended to all parts of our community including classified and some management. But dissatisfaction alone rarely produces change unless it is organized into positive action. And for this, I would like to express my unbounded admiration and esteem to that group of faculty who organized and pursued this action with intelligence and dedication and commitment. "

"They did research and wrote letters and made speeches and passed flyers and wore buttons, and they put themselves in potential jeopardy for retribution. And they did it all untiringly, out of dedication to their students and their colleagues and the community for whom we all work. It has been one of the great experiences of my life and an honor to have worked with these people."

"But the effort is not complete. There are many problems at our school - ten years of inept leadership has taken its toll. There are structural changes that need to be made to insure that our Board of Trustees does not merely revert to business as usual with the new CEO. Our faculty must continue its fight for a true system of shared governance, ""partnership governance,"" where Faculty and Board work as equal partners to help resolve the problems and disputes that a decade of mismanagement and disrespect has brought."

"Some of our faculty believe that certain trustees have forfeited their credibility to act as good faith partners in this dispute resolution process. Ultimately, that is a decision that the voters of Marin County will have to make in November. However, we believe that between now and Election Day the burden will be on these trustees to demonstrate that they deserve our confidence and support, and the confidence and support of the people of Marin."


CFT

Members' Benefits List

"Last month, we published a fairly complete list of the benefits, such as a free 30-minute talk with an attorney, offered through the American Federation of Teachers (AFT). We promised to list the benefits of being a member of the CFT, too, so here you go. "

"By the way, remember that if you are a member of the UPM (and you probably are by now, right?), then you are automatically a member of both the AFT and the CFT because they are our national and state affiliates, respectively. Thus, your membership in the UPM confers to you the kind of benefits we listed last month for the AFT and now for the CFT."

"Need local loan services? Try the CFT Credit Union, providing services such as..."

¥ Auto and signature loans.

¥ CD investment & savings accounts.

"As good as the Press is at getting you key information about CoM, sometimes it's important to read about other labor issues of interest. With your CFT membership, you can get subscriptions to ..."

¥ California Teacher

¥ Community College Perspective

¥ Community College Part-Timer

¥ The Classifieds

¥ UC-AFT Perspective

"When it's time to reconsider your insurance coverages or to add a new policy, consider the CFT's low-cost group insurance plans:"

¥ "Homeowner, condominium, and renter's insurance."

¥ "Auto, motorcycle, and boat insurance."

¥ Decreasing term life insurance.

"And well before the time comes to consider your much-deserved retirement, you can turn to the CFT to set up tax-sheltered annuities. Also, you can have the confidence of working with CFT-endorsed investment programs through Mosher Financial and Insurance Services."

"In addition, you can arrange group worldwide travel and vacation tours for what is described as the best value at a low price."

"So between the CFT and the AFT, your personal and professional benefits are covered. And while on the job, your back is covered by the UPM. "


News from Beyond Marin

"This month, ""News from Beyond"" presents three articles from ""Inside the AFT,"" the UPM's online news connection. The first describes an interesting protest technique, one possibly worthy of consideration."

 

Penn Grad Employees Press their Cases with "Work-in"

"Building upon publicity garnered by a May 4 New York Times Magazine article on its unionization campaign, the AFT-affiliated Graduate Employees Together-University of Pennsylvania (GET-UP) staged a first-ever ""work-in"" at the university's main administration building. During the work-in, more than 150 bargaining unit members held office hours and graded final exams in every available space. The building previously held offices for teaching assistants - before they were converted to administrative conference space. "

"Later, during Penn's alumni week, GET-UP kept up the pressure as friendly alumni and bargaining unit members who already hold master's degrees questioned university president Judith Rodin on why she has not recognized GET-UP and how much the university is spending on outside lawyers to combat the union. In November 2002, a regional director for the NLRB ruled that the student employees could have a union election.... The election was held on Feb. 26-27, but the university immediately filed an appeal to the NLRB in Washington, D.C., thus sealing the ballot box. At the same time, an exit poll conducted by the student newspaper, The Daily Pennsylvanian, showed that the union had won, 60 percent to 35 percent. "

 

Action Alert: Medicare Drug Plans Flawed

"The AFT is urging members to contact their representatives and senators this week as both houses debate legislation for Medicare prescription drug benefits. Passage of a bill this summer is now likely. Current versions of bills being considered by both the House and Senate are unacceptable, and AFT member input is critical, says the AFT legislation department."

"In the Senate bill (S.1), the AFT is supporting several key amendments, including the Rockefeller amendment to change the definition of ""true out-of-pocket costs"" so that retirees who now have health insurance coverage will be eligible for the catastrophic drug benefit and retiree health plans will be protected, and the Dodd amendment to increase incentives for employers to continue prescription drug coverage. Senators are asked to support amendments to eliminate a gap in coverage above $4,500 and below $5,800."

"The House bill is even worse and could eventually destroy Medicare as we know it, says AFT lobbyist Bill Cunningham, by allowing insurance companies to design plans to attract the youngest and healthiest Medicare beneficiaries, leaving the traditional system with the oldest, sickest and most expensive seniors - dramatically increasing the cost of the program. The House bill (H.R.1) also introduces means-testing for coverage, a first step toward turning Medicare into a welfare program. AFT members are asked to visit the union's Contact Congress area of the Web site at http://capwiz.com/amft/home/ or call the Capitol switchboard on AFT's toll-free hotline 800/839-5276 to send messages to their representatives and senators."

 

LFT Helps Fight Off Vouchers in Louisiana Legislature

"Working with a coalition of education and community groups, the Louisiana Federation of Teachers has helped kill a series of voucher proposals in the state Legislature. None of the various bills that were introduced - ranging from a far-reaching plan for vouchers for virtually every student to [a] more limited proposal that would have required standardized testing of voucher students - made it out of the education committees in the state House or Senate. ... The coalition was helped by the fact that all of the state legislative seats are up for election this fall...."


Membership Matters

"Summertime is here, so maybe it's time for you to check out some of the benefits of your membership in the UPM. If you're thinking about low-cost lodging while out on the road for a well-deserved getaway, be sure to peruse the advertisement to the right; a discount on your hotel stay is only one of the many benefits you can cash in on this summer."

"Within this edition of the Press is an article that lists many of the advantages of being a member of the California Federation of Teachers, our State-level affiliate. Maybe now you have a bit of time to check into them; make it g for yourself.

 

 

Web Page graphics & design by Mike Godsey, windfind@sonic.nett


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