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Union Press

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

September 1998 Headlines District Threatens Current Contract Ponderings of the President UPM Saves the Day for Math Instructor Aftermath of AFT, NEA Merger Votes NM University Organizing OK Travel Expenses Part-Time Faculty Coordinator Position Benefits of Membership Real-Time Weather From CoM CoM in the News Campus Events e-mail CoM Faculty

If all this seems like a good deal to you, then you are hereby elected to the District bargaining team. If all this seems rather sour, then maybe it s time to consider taking a stand against it.                 It often seems that instead of coordinating the effort in such a case, managers don t seem to communicate well among themselves. The key people are left unaware, out of the loop.                             They want to take complete control of these matters. And they want to have us agree to their demands without even the faintest glimmer of what procedures and definitions would take the place of Contract language!                               Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

District Threatens Current Contract Are You Ready to Become an Informant? What would you say if we removed from the Contract all articles relating to harassment, discrimination, and student grievance and put them under the control of managers in the District? Now, throw in the idea of requiring faculty to report to a manager a student s complaint about another member of the faculty. Sounds good so far? With all of this comes a procedure for investigating any complaint without provision for faculty rights. And none of these conditions is balanced by any quid pro quo. If all this seems like a good deal to you, then you are hereby elected to the District bargaining team. If all this seems rather sour, then maybe it s time to consider taking a stand against it. Negotiations for a new Contract were progressing well. Then things took a bizarre turn. The District now seems to be eager to dismantle the Contract, to eliminate much of Article 24 (the same article the District so hotly pursued some years ago) and Article 26, on student grievance procedures. Their aim is to take control of all means to punish faculty for transgressions real or imagined. Their aim is to turn our campus into a police state wherein faculty must report any expressed complaints of students against faculty. Needless to say, such aims have brought negotiations to a virtual standstill. How could something that was moving along so well take such a dive? In a nutshell, the Board got involved, directly involved. It all started with the Trustees meeting at which the Bezirjian grievance settlement was vociferously contested by some community members and students in attendance. Reeling from the wrath of the audience, the Board voted against the settlement and from there moved against the faculty almost as if the faculty were somehow the cause of the Board's discomfort. The faculty and the Contract have been demonized. Board members seem to think that managers are hamstrung in their effort to take action against alleged faculty transgressions. If it weren't for the limitations imposed by the Contract, managers could be champions of justice, they seem to say. Clearly, the Board wants all mention of serious infractions (harassment, discrimination, student grievance issues) removed from the Contract and made matters of District policy and procedure so that managers can wield heavy hammers without the nuisances of faculty rights and bargained procedures to get in the way. Unfortunately, the Board's choice to address faculty transgression is based on what could easily be a simple misunderstanding of Contract and Ed Code provisions. Or it could be based on their frustration over management s inability to execute the existing provisions. The fact is that both the Contract and the Ed Code give them all the means they need to act against unsatisfactory performance, unprofessional conduct, and so on. Unless, of course, they seek a means to punish instead of to redress any wrongs. Articles 24 and 26 of the Contract provide for remedies for aggrieved students. Even beyond that, Article 24 specifies certain sanctions against faculty who are found to have violated provisions against harassment and discrimination, among others. Article 26, concerning student grievance, offers a clear path for students to grieve safety violations and grades. Such a clause is virtually unprecedented. The University of California, for example, does not provide for grade dispute grievances, and the Ed Code, although allowing grade-based grievances, does so very narrowly. To a large extent, our Contract goes further than most other sources to provide sanctuary for students seeking justice. So why does the Board not find this sufficient? Perhaps it is because the available provisions are not being followed by their managers. The help a student may require to execute a valid grievance, for example, should come from attentive managers, as provided in the Contract. It often seems that instead of coordinating the effort in such a case, managers don t seem to communicate well among themselves. The key people are left unaware, out of the loop. This problem, of course, may certainly not stem from any malicious intent; rather, it is likely a product of lack of attention, lack of understanding, or lack of follow through. Regardless, the frustrations of the Board may diminish if the provisions available are pursued professionally by those given charge to pursue them. Negotiations Take Turn for Worst Whatever the reason, negotiations have been interrupted by the Board, and now talks are bogged in a quagmire. Recent meetings between the negotiating teams of the UPM and the District have assumed a new character. The Board has taken the serious and unusual action of sending in an attorney to argue their case, and the argument is an attack on the Contract. Unaware of regular procedures for bargaining, the attorney essentially drew a bottom line saying that language regarding harassment and discrimination must be removed from Article 24 and that references to student grievance must similarly be struck from Article 26. The attorney claims that Article 26 contradicts current law, Title V in the administrative code from the Chancellor's Office. Specifically, she states that students should have one year to decide to grieve an alleged violation by a member of the faculty, not the 90 days specified in Article 26. Additionally, all student grievances must, she claims, be processed by a single person in the administration rather than handled by various area deans. Further, she believes that the bases for grievance by a student should be expanded beyond the issues of grades and safety that now form the basis for such grievances. A check with our attorney showed that Title V is not controlling language for our Contract and that our Contact is not out of compliance with any existing laws, which are not specific on the issue. Nevertheless, the UPM is willing to be reasonable. Our negotiating team members have responded to the new District demands by indicating a willingness to modify the Contract so that the time to initiate a student grievance may be extended from 90 days to one year. Additionally, the UPM has made it clear that within the context of negotiations, other objections regarding grievance procedure may be resolved without delay. It is not the purpose of the UPM to stick rigidly to the current process if it can be improved for students sake. Despite the open and productive response made by the UPM, the District continues to demand a conversion of Contract articles regarding discrimination, harassment, and student grievance to District policy. They want to take complete control of these matters. And they want to have us agree to their demands without even the faintest glimmer of what procedures and definitions would take the place of Contract language! We re supposed to remove the articles from the Contract where they are clearly defined and where they provide faculty some due process and appeal and to put them in the hands of administrators to do with as they wish. Imagine the conditions of such a situation (see Ira Lansing s Ponderings article, p. 3). A counselor, for example, hears an orally-expressed complaint against an instructor. As required, within three days of having heard the comment, the counselor reports it to an administrator who then begins a widely-ranging investigation after which the instructor may be sanctioned, penalized on the job, or removed from the job. And the instructor would be left without the basic protection of grievance to address wrongful action. Clearly these conditions are completely unacceptable. But the District is pushing hard. They ve sent in their attorney, the meter is running, and negotiations are stalled. So what are you going to do about it? What measures are you willing to take? First, you must be well informed. But be prepared to take a stand and make your feelings known. We will be keeping you up to date through this newsletter and in special meetings. Beware of what might happen, and be ready.

What is going on here? Is our Union president trying to write some sort of contemporary version of a neo-Stalinistic society? Is he hoping to sell a screenplay and wants a test audience?                               Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

Ponderings of the President Ira Lansing H. was only 15 minutes into his morning ritual when he heard his wife complaining from the other room. I'm going to be late! The traffic is horrible! The Transit District should do something about this. Their schedules only aggravate the problem, she wailed. With that she pecked him on the cheek and mumbled something about dinner and later and have a good day. H. thought that her concerns could certainly be valid. While it wasn't for him to decide, he would certainly report his wife's comments to the authorities. They would investigate. On his way to the kitchen to get breakfast started he passed his daughter's room. Peeking in, he saw her scrambling around, seeming to be looking for something. Where is it? I know I did it! Ohh, that teacher gives too much homework and he's so unreasonable if you miss an assignment! she screamed to no one in particular. H. felt sorry for his daughter's anguish and thought that her complaints could certainly be valid. While it wasn t for him to decide, he would certainly report his daughter's comments to the authorities. They would investigate. Finishing the rest of the morning activities, seeing that his daughter made it off to school safely, H. left for work. Once there his day went well. Oh sure, one of his colleagues complained that he was being asked to do someone else's work, and that really wasn't fair now, was it (true, the other person was out sick)? H. thought that his co-worker s concerns could certainly be valid. While it wasn't for him to decide, he would certainly report his colleague's comments to the authorities. They would investigate. What is going on here? Is our Union president trying to write some sort of contemporary version of a neo-Stalinistic society? Is he hoping to sell a screenplay and wants a test audience? No dear readers, this is just scenario planning, something that is quite in vogue here at College of Marin. A variation of the above scenario was presented to UPM s bargaining team by a lawyer sent to the bargaining table by the College Board of Trustees. This lawyer proposed changes in some of our contract articles that would parallel this scenario. It is time for us faculty to decide on what future we want. Sitting by idly is not an option. Come to the general membership meetings. Talk to people who have attended if you yourself cannot come. Follow the details as covered in the Union Press. At some point UPM will have to tell the Trustees just what sort of contract our members are willing to accept. You need to know; we need to hear from you! Critical Issues Tough Negotiations Possible Votes Stay Informed Come to the Meetings Keep on the watch for announcements of special meetings and regular meetings of the membership called by the Executive Council of the United Professors of Marin. The Union will be soliciting your input on significant issues arising from Contract Negotiations. What Has the Union Done For You Lately?

Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

UPM Saves the Day for Summer Math Instructor Giving his first test of the summer school session, a math instructor decided to try to get to know his students better. The last question on the test was: What is the name of your instructor? This question was not terribly difficult the instructor's name appeared at the top of the first page of the test. Nonetheless, a student got upset with the question and filed a grievance. Upon learning of the grievance, the instructor contacted the student and the dean actions he should not have taken before contacting Bernadene Allen, UPM Grievance Officer. Instructors should contact the union first, so they can have union representation in any subsequent meetings with students and/or administrators. This story has a happy ending. Allen conferred with the dean and the two quickly came to agreement that the instructor s action was not subject to a student grievance. Students may grieve actions relating only to grades, safety, discrimination and harassment. The moral of the story: If something unpleasant happens, contact the Union immediately!

Aftermath of AFT, NEA Merger Votes Despite the NEA s recent vote not to join forces with AFT, both organizations, in separate resolutions, have reaffirmed a commitment to unity and supported the development of guidelines for possible unification on a state-by-state basis. In its resolution, NEA states that the guidelines for such unification must be approved by its board of directors. AFT s resolution requires approval by the AFT executive council. Affiliates in four states, Florida, Minnesota, Montana and New Mexico are ready to go ahead with merger proceedings once the guidelines are in place.

Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

NM University Organizing OK The Supreme Court of New Mexico has decided in that the New Mexico Federation of Teachers (NMFT) has the right to organize a collective bargaining unit among faculty and other professional and technical workers at the University of New Mexico. The university s argument, that faculty and other professionals should not be eligible to join unions and negotiate contracts, was rejected by the court. The decision, which upheld a lower court s ruling, came three years after the NMFT and the AAUP (American Association of University Professors) filed complaints with the state s labor relations board. In 1992 the state legislature passed a collective bargaining law exempting managerial workers from the right to bargain collectively. The university had argued that this exemption extended to its professional employees, but the court disagreed, overturning portions of the university s labor relations policy that had been in place since 1970.

Travel Expenses Going somewhere to attend a seminar? Planning to ask the District to reimburse your expenses? Better apply to Professional Affairs Committee before you go. Prior approval is required in order to be reimbursed for travel, according to Carl Cox of the Professional Affairs Committee. Applications are available from Personnel. After you return, you have 60 days to submit a claim for reimbursement to the Business Office at IVC in order to be reimbursed up to the amount authorized by P.A.C. Bon voyage.

Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

Part-Time Faculty Coordinator Position Open A part time position is being created by Community College Guild of CFT to fill a vacated position through June, 1999. The position pays $1500/month. Duties and Responsibilities: 1. Establish regular communication with and among part-time faculty leaders in CFT community college locals throughout the state. 2. Participate and serve as CFT spokesperson in statewide part-time faculty coalition organization recently formed. 3. Contribute regularly as CCC spokesperson through e-mail to the ongoing discussion among community college faculty on various listserves. 4. Edit/contribute to the CCC part-time newsletter. 5. Form part-time faculty committee for the CCC to meet and discuss part-time faculty issues. 6. Attend CCC meetings and provide reports on part-time issues. 7. Help to coordinate legislative support activities among part-time faculty on legislation affecting part-time employees. 8. Other? Requirement: Part-time community college teaching experience; membership in the CFT. Preferred Skills/Abilities: Excellent writing skills Excellent leadership skills E-mail usage knowledge and access Ability to work independently Understanding of community college part-time faculty issues Ability to edit/contribute to part-time faculty newsletter For application information Stay tuned to the Union Press, or contact: Tom Tyner California College Council president Phone: 209-638-3641 E-mail: tyner@psnw.com FAX: 209-638-5040 The job is to be filled as early as possible, but no later than January 1,1999.

Articles District Threatens Current Contract Ponderings UPM Saves the Day AAFT, NEA Merger Votes Organizing OK Travel Expenses Coordinator Position

Benefits of Membership As a member of the UPM, you are a member of the American Federation of Teachers and are eligible for a host of members' benefits. Each month, we publish information about one of those benefits, so keep your eyes peeled during the semester. To take advantage of the discounts and group-rate benefits of the AFT, all you need to do is to become a member of the United Professors of Marin. As a member of the faculty, you are not necessarily a member of the union. It takes an application, the one below, for example. Part-time faculty are equally invited to apply. AFT Plus Mortgage and Real Estate Buying or selling, you'll be sold on the AFT PLUS mortgage and real estate benefits. When you close your loan with Union Member Mortgage and Real Estate and use a program real estate agent to buy your home, you'll save $350 on your closing costs. If you also sell your current home through the program, you'll save one-half of one percent on the real estate commission that's an average savings of $500 on a $100,000 home. Because you re a union member, your parents and children can take advantage of the same outstanding advantages this program offers you, including helpful advice from experienced mortgage counselors, competitive rates, low 5% down payments, and an easy phone-in application process. So to keep the costs of buying and selling a house down, for you and for members of your family, call this number: 1-800-981-3798 Monday - Friday 8:30 am - 9pm; Saturday 9am - 1pm (ET) Remember, to be eligible for this benefit and for the other benefits offered through the AFT, you must be a member of the United Professors of Marin. Take a moment and fill out the application below. Send it in to Edie, UPM Executive Secretary, via intercampus mail. If you are a member of the union and now have a subscription to America Online, you can find all the AFT information in the exclusive "members only" area through AOL's keyword "AFT." And if you don't have that subscription to AOL, your membership in the United Professors of Marin can help you get it, with a free 50-hour trial period on AOL and discounts in computer hardware. AFT has set up special purchase programs with IBM and Apple so that members have access to special pricing on computers. So, with your membership in UPM, you can get good rates on everything you need to connect easily to the World Wide Web If you are not yet a member of the UPM, simply fill out the form that appears below and send it in to the UPM office via intercampus mail. See you online! Get the latest union news, Internet access and e-mail service from America Online. For a 50-hour free trial period and access to AFT's members-only area, call 1·800·936·7100 Last month, we announced a new benefit for members of the UPM: discounts on entertainment activities through an organization called the Recreation Connection. At that time, we understood that faculty members interested in taking advantage of the discounts would only have to submit orders at the organizations Web page, but we were wrong. Several people on the faculty tried submitting orders but found that they had to fax or mail an order form to an address that we had not listed. So here is what we hope is the complete procedure for ordering discounted tickets and the like: To order by mail or by fax, you must first secure an order form. You can get an order form from the UPM Office on the Kentfield campus, you can request a form by calling (818) 386-1046, or you can print out the form from the organizations Web page, found at this address: www.recreationconnection.com Once you have the form, you can mail it to: Recreation Connection P.O. Box 260854 Encino, CA 91426 Or you can fax the form to: (818) 386-9702 The Recreation Connection offices are in southern California where they have established walk-up order counters, but so far, no such facility exists in our area. For information, call (818) 386-1046. Gift Certificates Sees Candies $8.30/lb Movie Tickets Pacific $4.75 United Artists $4.75 Entertainment 98 Marin/Norh Bay $25.00 Monterey Bay The Aquarium $12.25 Pier 39 Value Pass for discounts at Underwater World, Blue & Gold Fleet, Pier 39 Garage San Diego Zoo Deluxe pkg. $16.75

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