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Newsletter for the Faculty of the Marin Community College District American Federation of Teachers, Local 1610
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C O N T N T S |
Now all that remains are key sidebars that affect two individual members of the faculty, and once those sidebars are in place, the UPM will sign off on the settlement.
Articles
Articles At the core of the controversy from the beginning was the arbitrary salary placement of ex-managers who either chose to become members of the faculty or were placed there |
Settlement Remains Unsigned Pending Sidebars It's nearly over. The long-fought unfair labor practice battle against the District is finally bearing fruit. Negotiations to determine a fair and standard practice of placing new faculty on the salary schedule have concluded, and both the members of the United Professors of Marin and the Board of Trustees have agreed to the new Contract language. Now all that remains are key sidebars that affect two individual members of the faculty, and once those sidebars are in place, the UPM will sign off on the settlement. Both the faculty and the District have approved the Contract language evolving from negotiations. During the most recent UPM members' meeting, the faculty decided to defer a vote of those present and to call for a mail ballot on the issue. An overwhelming majority of members (53 to 6) subsequently voted to approve the settlement language. In an earlier meeting, the Board of Trustees conferred and voted to confirm the agreement. However, because of some technical difficulties, the disposition of sidebars affecting the positions of two faculty members was set aside. Given the nature of the PERB ruling and of the agreement, the UPM fully expects that those sidebars will soon materialize. The sidebars concern the placements of Jim Partham and Tara Flandreau, both having taken the route from faculty into management back to faculty. From the beginning, the union has supported these folks in their efforts to be placed correctly on the salary schedule. The UPM is fairly certain that the issue that remains for one is simply a matter of the District's having the correct plan but incorrect numbers available. Once that technical matter is resolved, all will be well. But in the second case, the UPM isn't so sure. So far, we haven't received a counter-offer from the District, so we don't know at all what their plan is. We're awaiting response from the District and have solid expectations that the sidebar will soon evolve. However, if we don't get any movement in the matter from management, we all may be forced back into an unfair labor practice charge The agreement between the UPM and the District has a profound effect on people who have become members of the faculty over the past 6 or more years, and it will have a significant effect on future hires as well. The people most directly involved - past and future - are those hired as managers who "retreat" voluntarily or involuntarily into the faculty; those originally hired as faculty who become managers and then return to the classroom; faculty hired after July 19, 1993; and those faculty who testified at the original hearing that they were improperly placed on the salary schedule. Although it is impossible to summarize adequately the new Contract language in this article (see full text in UPM office), we can say that the effect of that language is considerable. First of all, every newly hired permanent/probationary faculty member may be placed as high as step 10 on the salary schedule. That means that the old step 7 limit has been scrapped. Further, anyone hired after July 19, 1993, will be reevaluated and placed on a higher step if the evaluation warrants such a change. Those folks will not receive back pay if it is found that they were improperly placed, but they will gain the higher step. Also, those people who testified at the original hearing will be reevaluated to determine if they were improperly placed, and individual settlements will be negotiated by UPM on their behalf. At the core of the controversy from the beginning was the arbitrary salary placement of ex-managers who either chose to become members of the faculty or were placed there. Such ex-managers are also limited to step 10, but such a change really concerns any future placements of ex-managers since the original people have in the meantime attained the salary step they should have attained. The settlement will not change their current placements nor will it change compensation that they previously received. Finally, the settlement does allow for ex-managers to apply for "advanced placement," leading to a salary step as high as step 14 for retreating managers and step 16 for returning mangers. Although with the two sidebars still to be written not all of the "i's" are dotted, we are virtually at an end of the "Salary Placement" battle. This 6-year struggle stands as testimony to the tenacity and professionalism of your colleagues who represent you in the United Professors of Marin. When you need some help, who ya gonna call? |
It has taken six years, but we are finally at the end of a conflict with the District that is second in significance only to the "50% Case" and the layoffs that erupted in 1984. We won that one, too.
Articles |
It's Been a Long Strange Trip: Timeline of the PERB Case Where were you when the UPM first filed the Unfair Labor Practice Charge against the District still watching reruns of the attack on Baghdad? Do you remember the "Golden Parachute" ad in the Independent Journal and Novato Advance and the controversy surrounding its publication? Do you recall that someone by the name of Jack Randall was interim president of the District during that time? It has taken six years, but we are finally at the end of a conflict with the District that is second in significance only to the "50% Case" and the layoffs that erupted in 1984. We won that one, too. You can rack it up to the perseverance and professionalism of your UPM representatives, especially UPM President Ira Lansing, Chief Negotiator Paul Christensen, and negotiators Millard Morgan and Hank Fearnley. It was done in the interest of fairness, of a sense of equity. Thanks are due to them all.
A Few "Highlights" in the Case Take a look at the 1992 headlines NOVEMBER, 1991: The original grievance is filed; District begins negotiations with UPM but soon breaks off talks. DECEMBER, 1991: Unfair Labor Practice Charge is Filed with PERB. The UPM alleges that the District negotiated wage rates, salary schedule placement, and credit for prior service individually with ex-managers as they became members of the certificated unit. The District bypassed the UPM and dealt with the ex-managers on these matters after they became members of the unit. The District's actions constitute unfair labor practice. MARCH, 1992: Informal hearings with PERB begin. District refuses to negotiate. MAY, 1992: In a special meeting of union members, the UPM is directed by the faculty to negotiate a salary step limit ("no higher than step 7") for entering managers. JUNE, 1992: Formal PERB hearings begin with testimony from Stetson, Douglass, Gaiz, Moffett, and Lowney. SEPTEMBER, 1992: Board of Trustees notified by Bob Bezemek that the cost of placement of 6 managers is estimated at $1 million over 15 years.... clearly an illegal gift of public funds. NOVEMBER, 1992: "Golden Parachute" ad is withheld by Independent Journal for being "controversial" and "political." Threatened with breech of contract, the IJ runs the ads four times. CoM students demand an explanation of the conflict. JULY, 1993: Faculty wins the PERB case. Judge D'Orazio writes 96-page decision, saying that the District unilaterally implemented a policy of placing former managers on the certificated salary schedule thereby violating the Educational Employee Relations Act. SEPTEMBER, 1993: District files first of three appeals. First the full board of the PERB denies the appeal, and later the State Appellate Court refuses to hear the case. Finally, in April of 1996, the State Supreme Court turns the District away, forcing the administration to return to the bargaining table. SPRING, 1996: UPM and District representatives sit down and begin overdue negotiations on the salary placement issue. MAY, 1997: Union members ratify agreement between District and UPM; Board of Trustees approves new language covering salary step placement. |
As far as the state is concerned, preliminary figures indicate a 2 billion dollar tax revenue windfall. The governor has translated this into an additional 59.4 million dollars for community colleges.
"However, you can be sure that our own district will find some way to cast an impoverished tinge on all of this. "
Articles
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by Ira Lansing It is probably natural this time of the year that your thoughts turn to money; there are numerous events happening that involve and revolve around the "almighty dollar" at this time. First, you are probably wondering how you are going to pay for that incredible vacation you took last summer (those charge card bills just keep trickling in), while planning the finances for the one on which you are about to embark. Next, you are wondering if the United Professors of Marin will help you in these past and future undertakings by negotiating a nice raise for you during the current reopener negotiations. And perhaps last, you are hoping that the State of California and the Marin Community College District will also assist in these efforts by having the financial wherewithal to make it happen. Since I am not particularly able at predicting the future, I can only say "who knows?" However, I can provide you with some of the necessary information to allow you to come to some of your own intelligent conclusions. As far as the state is concerned, preliminary figures indicate a 2 billion dollar tax revenue windfall. The governor has translated this into an additional 59.4 million dollars for community colleges. This distributes into money for equipment, libraries, technology and maintenance. Also included is money for catchup on property tax backfill payments (the state never comes up with all the money for schools-property taxes are used to pay for some or all of it) and child care facilities. The basic community college budget from the governor (which could still be changed 12 times by the legislature) includes a cost of living adjustment of 2.97%, money towards growth of 3%, staff development, instructional equipment, etc. In general, it is a good looking picture. However, you can be sure that our own district will find some way to cast an impoverished tinge on all of this. Certainly the payback from declining enrollment of past years will figure into this, as will general deficit spending patterns. However, there should be enough positive elements to counterbalance the negative ones. Indeed, by President Middleton's and Scott Miller's own estimates, next year is the fiscal turning point, and the subsequent years should produce a more positive budget scenario. What all this means for UPM and you is not clear. Don't go spending that raise; we are probably in for a long wait. You can be certain that UPM will be in there working to get the most and best for you that it can. When you return from wherever, consider coming to the UPM flex workshop where you can be updated on this and all the other happenings. The free food will be at the UPM-sponsored lunch during the mandatory flex days in the fall. If not before, I will see you there. Have a healthy and restful summer! |
the UPM has submitted a settlement offer to the District, but so far, the District has not responded, so it looks like arbitration in the case is likely.
Articles |
As we reported earlier, an instructor has grieved an involuntary transfer, and the District has turned down the grievance, leading the UPM to take the next step in the process: a request for binding arbitration. However, the UPM has submitted a settlement offer to the District, but so far, the District has not responded, so it looks like arbitration in the case is likely. For the spring semester of this year, an instructor was pulled from 7.5 units of teaching and involuntarily transferred to a non-existent position, called "Staff Development." Since such a position does not exist, the UPM requested to engage in negotiations to define the position, thereby possibly avoiding further conflict. However, as the deadline approached for a request to arbitrate the grievance, the District was showing no signs of responding to the negotiation offer. Thus, we have contacted the arbitration group in order to secure the list of arbitrators and to begin the process of selecting an arbitrator to hear the case. Once the list of arbitrators arrives, the UPM and District will "strike" names from the list until one name remains. Then, a hearing date is set, beginning a sometimes long and tedious process of presenting both sides of the issue and having the arbitrator decide the outcome. We will keep you informed as the events unfold over the summer. Students Speak Out Against Grievance Procedure One of the purposes of this month's Board of Trustees' meeting was to conduct a public hearing on issues that will arise in negotiations for a new Contract. During the meeting, students aired their concerns about the current student grievance procedure, one of the topics that the District has "sunshined" for bargaining. Student Trustee Josh Nagler and another student addressed the Board, saying that the procedure is now intimidating, not supportive of students, and too demanding. They indicated that the procedure demands an English 150-level competence and requires facts and documentation to complete. Contract negotiations will begin about mid-June, and we'll keep you informed. |
Download it all with bibliographic information automatically transferred.
Articles |
The semester has ended; you've calculated the grades and turned them in on time, and the summer months stretch out ahead. Now, as a Union member, you can finally take advantage of some of the personal benefits membership in the UPM affords. Maybe you can now turn to that purchase of a personal computer you've been planning, or perhaps you'd like to explore the Web for class materials. The American Federation of Teachers' AFT PLUS program can help in those endeavors. If you are a member of the United Professors of Marin, you are ipso facto a member of the AFT and thereby eligible to take advantage of the PLUS program. Still not at member? Just fill out the form below and send it to the UPM office. Union Members are eligible for a 20% discount and a two-week free trial with Infonautics Corporation offering access to nearly 800 magazines and journals, more than 150 newspapers, two international newswires, two thousand classic books, thousands of photographs, hundreds of maps, poetry, and art. The service features a database containing material from Archive Photos, Reuters, Simon and Schuster, World Almanac, Times Mirror, and Compton's New Media. Download it all with bibliographic information automatically transferred. For info, go to |
Articles |
Have you been mulling over the question of whether to join the United Professors of Marin? Or have you intended on submitting your application but put it off as the semester got off the ground? Now is a good opportunity to join your colleagues and to become eligible for the benefits of membership. Many times, faculty at the College of Marin assume that they are members of the UPM simply because they teach or counsel students or because each month an amount of their paycheck is set aside as a representation fee. But membership in the UPM is not automatic; it takes a conscious decision and an application to become a part of the organization. As a member of the faculty "unit" rather than of the union, you gain from being represented by the UPM, but you have neither voting rights nor eligibility for benefits that the State and National organizations make available to members such as group medical, disability, dental, and auto insurance plans; discounted computers and online services; access to legal advice; discounted subscriptions, travel services, and mortgages; and many other benefits. And the kicker is that your full participation in the matters that most count to faculty, as well as your access to these benefits, costs no more than what you are already paying in representation fees as a non-member! To become a member, simply fill out the form shown below and send it in care of the UPM via intercampus mail. Title Regular Price AFT Price Business Week 46.95 37.95 Esquire 15.94 9.95 Forbes 57.00 38.00 Fortune 57.00 28.50 George 15.94 9.97 Gourmet 20.00 15.00 Life 35.00 17.50 MacUser 27.00 14.97 Money 35.95 19.00 New Yorker 39.95 19.98 Rolling Stone 25.95 17.95 Sports Illustrated 78.97 39.75 Time 59.94 29.97 Village Voice 53.00 39.95 Wine Enthusiast 23.95 11.99 |
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Academic Calendar and Flex 1997-98(Revised) Before you pin up the calendar that was published in last month's edition of the Press, take note that it has been revised (and corrected, too!). The major change to note is that the first day of fall classes will be one day earlier than originally planned, and the Wednesday before Thanksgiving will be an intersession day with no classes scheduled. Academic Calendar and Flex 1997-98 The District and the Union agree to the following Academic/Flex Calendar for 1997/98: Summer Session, 1997 Session I June 16 - July 25 (Only classes which are scheduled for Fridays will meet on July 25) Session II July 7 - August 1 (Only classes which are scheduled for Fridays will meet on August 1) Fall Semester, 1997 August 12, 13, 14 (Tu, W, Th) Non-Mandatory Flex-time August 15 and 18 (F, M) Mandatory Flex-time August 19 (Tuesday) Classes Begin August 29 (Friday) Census Date September 12 (Friday) First Drop Date September 19 (Friday) Last Day to Request CR/NC October 10 (Friday) Midterms Due November 14 (Friday) Last Drop Date November 26 (Wednesday) Intersession Day - No Classes December 13 (Saturday) Last Day of Classes Before Finals December 15 (Monday) First Day of Finals December 20 (Saturday) Finals End January 5 (Monday) Final Grades Due in Admin & Records Spring Semester, 1998 January 13, 14, 15 (T, W, Th) Non-Mandatory Flex-time January 16 (Friday) Mandatory Flex-time January 20 (Tuesday) Classes Begin January 30 (Friday) Census Date February 17 (Tuesday) First Drop Date February 20 (Friday) Last Day to Request CR/NC March 13 (Friday) Midterms Due April 24 (Friday) Last Drop Date May 15 (Friday) Last Day of Classes Before Finals May 16 (Saturday) First Day of Finals May 22 (Friday) Finals End May 22 (Friday) Commencement May 27 (Tuesday) Final Grades Due in Admin & Records School Holidays Summer 1997 Fall 1997 Spring 1998 *August 30 (Sat) January 19 (Mon) July 4 (Fri) September 1 (Mon) February 13 (Fri) *November 8 (Sat) *February 14 (Sat) November 10 (Mon) February 16 (Mon) November 27 (Thurs) *April 11-17 (S - F) November 28 (Fri) May 25 (Mon) *November 29 (Sat) * This is for the Academic Calendar only; holidays for classes taught on Saturdays only. |
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Ponderings of the President