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	May 2000
C O N T N T S	Ponderings of the President Arbitration Ahead Workload Grievance Filed Over IR&D Children’s Center Bargaining Negotiations at a Standstill Ch-ch Changes Legislation Seeks Improved P-T Rights "I guess I’m resigning" WHAT IF… Real-Time Weather from CoM CoM in the News Campus Events e-mail CoM Faculty College Forms on-line Back to Home Page

Ponderings of the President by Ira Lansing

"What me worry"

For reasons that should become apparent if you read the printed version of newsletter, this month’s publication, with the approval of the Executive Council, is one giant editorial Pondering. While I may have gained a new appreciation for what editors actually do, you should still find significant and meaningful information in this month’s Press. Next month should see a return to the usual, and possibly improved, format. You may never have been a fan of or even remember the gentleman whose picture appears to the immediate right, but his motto was "What me worry?". Use that as a guide for this month. Have a restful break.

Arbitration Ahead

The District has denied UPM’s grievance on refusing to make payroll deductions for its political action committee (UPMPAC). After legal consultation the Executive Council authorized proceeding to binding arbitration. About a year ago the union formed a political action committee to allow it to participate in local politics. The intention is to assist in elections that involve fund raising for the district, as well as contributions to candidates who are favorably disposed towards the faculty and their issues. Voluntary donations from UPM members enabled contributions to, and the successful election of, two candidates for the Board of Trustees. In addition to monetary donations, numerous members authorized monthly payroll deductions to the UPMPAC. The union followed the procedures and requested that the trustees inform county payroll of the deduction status. At this point President Middleton, through legal counsel, informed UPM that the processing of the payroll deduction by college-mail employees could constitute a political activity on "company time" (which is illegal under the employees could constitute a Education Code). To resolve the matter UPM offered to pay the prorated costs of the processing so that the individual doing the paper work would not be on company time. A majority of trustees still would not authorize the deduction. The union then filed a grievance, citing a violation of Article 2 of the contract. In his denial of the grievance Middleton stated that individuals could authorize a monthly non-payroll direct deduction to UPM from their personal bank account and bypass their paycheck. He also stated that a contribution to the UPMPAC is not a deduction for "dues, insurance, charitable contributions, assessments, credit union and all other obligations due the bargaining unit", as provided for in Article 2.2. An arbitrator will be selected to hear the case, a time line that often takes 4-12 months.

	Workload Grievance Filed Over IR&D
	Managers on the Union-District Workload Committee (UDWC) have unilaterally established new policies for part-time unit members receiving IR&D grants. Such an act is a violation of collective bargaining laws and as such, a grievance has been authorized. Up until now, when a temporary employee received an IR&D grant the employee was directed to do the work during an intercession period. This could be in December or January between semesters, during spring break, summer or any other unassigned times. The rationale was to assure that the employee did not exceed 60% of an assignment (while there is no law prohibiting going over 60%, districts tend to keep part-timers at or below this level to guarantee no tenure claims). However, after receiving an e-mail opinion from legal counsel to the State Community College Chancellor, the district is of the opinion that the only time available to part-timers is an intersession not contained within an academic year; i.e., certain time periods of the summer. For temporary employees whose grants involve working with students in any way or involve an active class, this creates a near impossibility to do the work. Regardless, if the district wishes to make a change in past practice or contract, even if seemingly required by law, those changes must be negotiated with UPM and cannot be done unilaterally. The District has received the grievance and the union awaits a response.
	Children’s Center Bargaining Negotiations at a Standstill
	Negotiations on behalf of the College Children’s Center unit members have ground to a near halt. Despite agreement on most non-money issues, the District did not provide any new offers, even though assurances were given that the matter would be discussed with the Board of Trustees. Sources indicate that the trustees did not have a presentation from their chief negotiator, contrary to the agreement at the last mutual bargaining session that this would be the next step. Employees of the College Children’s Center were unrepresented until they sought and gained UPM representation nearly two years ago. Previous newsletters have reported on the plight and frustration of these employees, who have not had a raise in over 6 years, have had no tenure status and sparse, if any, benefits. At this point in time what will happen next is yet to be decided. UPM President Ira Lansing and Chief Negotiator Paul Christensen will meet with the employees to discuss their options. Watch this newsletter for further developments.

	Ch-ch Changes
	Bernadene Allen, UPM grievance officer, has announced that she will be retiring at the end of this academic year. Allen, a long-time union member will be profiled in more detail in a future edition of this newsletter. At this time she plans to return for at least one year of part-time teaching and hopes in the next year to train her replacement as grievance officer. Interested candidates for the paid position should contact Bernadene Allen (x8229) or Ira Lansing (x7531) for more information. Applicants should apply via the UPM form that will be distributed during the Fall 2000 semester. The job requires a high degree of organization and detail, dedication to defending the contract and to pursuing the contractual rights of individuals, regardless of your personal opinions and feelings.
	Legislation Seeks Improved P-T Rights
	AB 2434 (Wildman) will ensure increased professional working conditions for faculty by giving part-time community college faculty who have served each regular quarter or semester in the current and preceding 3 consecutive academic years a preferred right to reappointment in the order of employment date. It is interesting to note that Marin part-timers already enjoy these benefits AB 2434 is now stuck on the suspense file in the Assembly Appropriations Committee. TAKE ACTION! Write, call, fax, or e-mail the Assembly Appropriations Committee members and urge them to remove AB 2434 from the Suspense File and send it to the Assembly Floor for a vote. Your contact could be the determining factor for passage of this important legislation! Assembly Appropriations Committee Information: Carol Migden (chair) D-San Francisco 916-319-2013 916-319-2113 fax e-mail: Assemblymember.Migden@asm.ca.gov
	"I guess I’m resigning"
	Steve Jabloner, editor of the UPM Press, has resigned his position effective May 1. Jabloner’s departure comes two months earlier than expected. Incoming newsletter editor Larry Tjernell will assume his duties one month earlier. The April edition of this publication contained a cover letter that expressed the Executive Council’s feelings and perspectives on the issues and behavior centering on Jabloner. At the May 1 Executive Council meeting further discussion between members of the Executive Council and the editor ensued. After intense discussion, where some members expressed the belief that Jabloner had betrayed the trust of his employer and attempted to transform the UPM newsletter into something more personal, Jabloner got up to leave the meeting. When asked if he was leaving just the meeting or his job, Jabloner replied "I guess I’m resigning." This incident emphasizes again, that when any member is acting on behalf of the union, whether in a paid or unpaid capacity (and the newsletter editor is a paid position), they are presenting the position of UPM, not their own personal perspectives. If a representative cannot support the union’s point of view, then they are free to relinquish their role as an agent and express their own opinions. This, apparently, is what Mr. Jabloner has done.
	WHAT IF…
	WHAT IF… #1 WHAT IF…you were a part-time faculty in this district WHAT IF…you had taught in your discipline for over 20 years WHAT IF…a full-time job finally opened up in your area WHAT IF…you applied for the job WHAT IF…you had a union contract that guaranteed you an interview WHAT IF…the screening committee made a mistake and sent you a letter telling you that you did not make the initial cut, but thank you for your application WHAT IF…the Personnel Office realized their mistake and phoned at home you two days before the schedule interview HOW WOULD YOU FEEL? WHAT IF… #2 WHAT IF…you were a part-time instructor in this district WHAT IF…you had taught in your discipline for over a half-dozen years WHAT IF…this was your semester to be evaluated WHAT IF…the evaluator criticized you because of the shape and acoustics of the room in which you were teaching WHAT IF…the evaluator criticized you because of the method you used to create your overheads (not the content but the software) WHAT IF…the evaluator included partial quotes of student comments WHAT IF…the evaluator would remove the negative comments if you agreed to another evaluation HOW WOULD YOU FEEL? WHAT IF… #3 WHAT IF…you were an instructor in this district WHAT IF…you had a problem with a hiring process WHAT IF…you had a problem with an evaluation WHAT IF…United Professors of Marin was your collective bargaining agent WHAT IF…UPM could get you a timely interview for an open full-time job WHAT IF…UPM could get an evaluator to remove inappropriate comments from your evaluation HOW WOULD YOU FEEL?

Forms

Forms AFFIDAVIT FOR ENROLLMENT OF DOMESTIC PARTNERS FORM APPLICATION FOR SABBATICAL LEAVE FORM GUIDELINES FOR SABBATICAL APPLICATIONS "SLIDING SCALE" OF VALUES FOR EVALUATING SABBATICAL LEAVE PROPOSALS REQUEST FOR UNPAID LEAVE VOLUNTARY TRANSFER AGREEMENT INVOLUNTARY TRANSFER AGREEMENT Form ASSIGNED HOURS AND SUBSTITUTE ARRANGEMENTS FORM ASSIGNMENTS DISTRICT DIRECTED ASSIGNMENTS INSTRUCTIONAL PERFORMANCE OBSERVATION FORM HEALTH CENTER NURSE PERFORMANCE OBSERVATION FORM