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Ponderings of the President
 by Ira Lansing
While you were sleeping (or whatever it is you do while on vacation) some events of unusual proportions occurred. First, a Major League Baseball All-Star game ended in a tie. One of the unique characteristics of baseball is that it has no designated playing time; you go until a team wins. Games have gone into the dozens of innings before the outcome was decided. Only one other All-Star game in modern times has ended with no definitive outcome, and that was due to rain canceling the event. The 2002 game ended in a tie because both teams essentially ran out of players! That excuse, along with the dog ate it, never used to work before. A second significant event centers around the activities of a Texas oil company (surprised?). It was revealed that an oil exploration company that had never done marine drilling exploration was awarded a major contract to probe for oil off the coast of Bahrain. Last time I checked (which was only a year ago) Bahrain was an island and "off the coast" was in the water (which qualifies as marine exploration). Not surprisingly, the company did not find any oil. I am sure it was purely a coincidence that they were even hired for the job in the first place because they knew someone in high government positions. That excuse, along with my dad is bigger than your dad, never used to work before. And third and last, UPM and the District settled a contract through June, 2004. This contract contains some very new provisions, some of which I would like to highlight for you at this time. The specific language in all its poetic detail is available in the new contract, to be distributed by the administration when it becomes available.
 For starters, there is a new "exemption from the unit" clause. The District may hire "independent providers of specialized 'packaged' training programs" to provide instruction. These types of instructors are not covered by the contract. This is a short term option for the District that expires in 2004. There is the additional statement that there shall be "no adverse impact on any unit member(s) as the result of ... [these] training programs." In other words, you cannot suffer in any way because of them. So don't.
You are probably aware of the increased pro rata pay for intersession work and potentially for part-timers (pending State funding) during the academic year. This increased pay combines all previous separate compensations for temporary employees (i.e., office hours) and creates new office hour obligations for all credit employees. Full-timers with instructional overloads and part-timers now have a sliding scale of office hours based on the number regular or overload teaching units. You may need to be available for your students more, but you are compensated for it and at a higher rate than previously. So be there.
Future retirees who move out of the area covered by the existing medical plans (and this could be just to Santa Cruz county or another state) will have available to them the FlexNet plan, paid by the District up to the Family Kaiser rate. Depending on your level of coverage, you may still have out-of-pocket expenses, but at least you have something. So get it.
The Union-District Professionals Standards Committee (PSC) has been around for decades, never really doing too much, often becoming the repository for leftover bargaining issues. Now the PSC "may initiate discussions of allegations that a unit member has failed to perform their professional obligations in accordance with the language of the 'AAUP [American Association of University Professors] Statement on Professional Ethics.'" The rather lengthy AAUP statement is essentially a declaration that as professional educators we "make every reasonable effort to foster honest academic conduct...strive to be objective...show due respect for opinions of others..." and when speaking as private citizens "...avoid creating the impression of speaking or acting for the college." All in all these are not too overly demanding behaviors. However, if the administration believes you have violated these, in lieu of initiating formal procedures against you, the PSC can come to you and "determine the validity of the allegation and if possible resolve the allegation informally in a non-punitive manner." This mechanism is intended to act as a buffer, whereas previously the only option was for the District to move into a more formal punitive procedure (the option for doing so still exists). The District has often insinuated that there are "unprofessional" members in our unit, so this language should provide a mechanism to constructively and non-punitively assist any such individuals. So be professional.
There are numerous other changes in the collective bargaining agreement and they will be discussed during flex time at the general membership meeting. It will not be acceptable to say you did not know. That excuse, along with "I was absent that day," never used to work, and it won't now. So stay in touch, ask if it's not clear, and continue to have a restful summer. See you next month.
Membership Matters
Membership in the United Professors of Marin yields many benefits. Among them are group-rate insurance plans, access to legal information, discounted subscriptions, and even savings on hotel accommodations as advertised this month. Other advantages of membership relate directly to your work here at College of Marin, for as a member of the UPM, you have a voice and a vote, and they both count with your union.
So maybe it's time to exercise your membership rights by keeping in touch with your UPM staff, by attending the General Meetings, by making your voice heard, and of course by taking advantage of the benefits
Mark Your Calendar! Flextime Specials
Friday August 16th o
12:10 to 12:45
Lunch ~ on the Union
Cafeteria, KTD
12:45 to 1:25
Meeting of the Membership
Fussleman 120
UPM's Labor Council Representative position and a UPM-PAC position are open. This is your chance to join the vital, hardworking team of faculty working for faculty. Be all that you can be.
Interested? Of course you are!
Call the UPM Office at 459-1524 right now.
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Unfair Labor Practice Cases
District and UPM Agree to
Drop PERB Charges
On July 17, moments before the first formal hearing on the District's "unfair labor practice" charge against the UPM was to begin, the Union and management agreed to a settlement, and both sides dropped their charges. Thus ended one of the more significantly contentious issues evolving from negotiating the new Contract.
During Contract bargaining, both the UPM and the District filed suits with the Public Employees' Relations Board (PERB) over separate issues concerning the process of negotiating P4E funds. The District claimed that it was illegal for the UPM to demand to negotiate the specific use of P4E funds and that the Union had declared impasse as a result of the District's contention that the specific funds were non-negotiable. The UPM never declared impasse, so due to the District's refusal to bargain in this area, the UPM filed its own suit with PERB. Because the District's charge had been filed first, the UPM's case was pending a hearing when the July 17 hearing date approached.
Attempts at settlement had been tried on a couple of occasions prior to the hearing. Once the new Contract had been successfully secured, the UPM Bargaining Team offered to settle the PERB cases. The District indicated that a settlement was possible if the UPM agreed never again to bargain specific budget items, but the UPM refused that condition. Then, immediately before the hearing on the District's case was to begin, management approached the UPM for more settlement talks.
The outcome of the last-minute effort was to make the idea of bargaining P4E funds a "permissive" issue for negotiations rather than "mandatory." A permissive issue is one that either side could request to bargain, yet the other side could refuse without falling into an unfair labor practice. With the new Contract successfully in place and with UPM's main hope to move funds into realms available to faculty realized, the issue of such specific bargaining was no longer as great a concern. To the faculty, the name of the funds is far less significant than the use of the funds. And future negotiations over the specific P4E fund are, with this settlement, a possibility, despite the District's right of refusal. One never knows how such bargaining might be advantageous to both sides.
With this settlement, the air of contention that remained hovering over the college in the aftermath of Contract bargaining has been dispelled. Now what remains is to implement the new features of the Contract and to look ahead to a productive future.
UPM Staff Positions are Available
The UPM is now soliciting applications for two open staff positions made available after Tom Menendez - our longtime part-time instructor and staffer - moved on to new opportunities.
Both the Labor Council Representative position and a UPM-PAC position are open. The Labor Council Rep attends meetings about once each month and receives compensation for mileage and for the meeting times at the stipend rate. The UPM-PAC position is currently uncompensated, but the person in the position helps direct the contributions for political causes supported by the membership.
Interested applicants should contact the UPM Office immediately.
 Treasurer's Report
UPM Treasurer Theo Fung has provided the following Summary Report for the fiscal year, ended 6/30/02. In addition, Theo presents the new dues and fees structure that shows the reported increase, to take effect in the fall IF the membership approves by vote.
New Dues/Fees Structure (Pending Approval by the Members)
Current Rate New Rate
Those now paying $8.89 will pay $10.21
14.91 17.22
26.78 31.08
40.78 46.62
65.30 75.18
 The new dues figures represent the first increase in many years initiated by the United Professors of Marin. Since 1997, increases have been mandated by CFT and AFT and have gone directly to those affiliates. The additions shown in the figures above represent an increase that will go directly to our union and an increase that is earmarked for AFT and CFT. For example, full-time faculty will be paying $75.18, yet $2.43 of that is a new CFT/AFT increase. The rest of the much-needed increase will be used to support UPM directly.
The new dues/fees will take effect in the fall semester, 2002, but only after approval by the members.
 Grievance Officers' Report
by Bernadene Allen and Arthur Lutz
This month, we are pleased to present the inaugural edition of the "Grievance Officers'' Report," a monthly feature of the Union Press. Arthur Lutz has officially joined Bernadene Allen in the role of UPM Grievance Officer, and they will both contribute to this column in alternating months. This first report is presented by Arthur Lutz.
The United Professors of Marin employs two grievance officers who are responsible for helping protect unit members from management (District) violations of our Collective Bargaining Agreement. Often these violations are based on misunderstandings and can be resolved through informal discussions between the grievance officer and a District administrator. Sometimes however, it is necessary to invoke the formal grievance procedure as described in our Contract. In rare cases, UPM has pursued a grievance to binding arbitration. For any of these scenarios, a UPM grievance officer is available to advise you of your rights under the CBA, suggest a course of action that can help resolve your dispute with management, and/or represent you at all stages of the grievance process. If necessary, the grievance officer may confer with counsel to resolve legal issues. These services are available to all unit members without charge, and with an assurance of confidentiality.
This past semester, the UPM grievance officers helped resolve a number of instructor/District disputes. Some were settled informally through discussions with management. Several progressed to the formal grievance stage, and in two cases, the UPM executive council voted to pursue the grievance to binding arbitration. In one of these arbitration cases the dispute was settled to the grievant's satisfaction before the arbitrator's findings were issued and in the other case the arbitrator ruled in favor of UPM and the grievant.
But binding arbitration is costly, time consuming and usually contentious, and our Executive Council will normally pursue this option only if the issues have significant ramifications for our entire membership or for our organization.
The UPM grievance officers are Bernadene Allen and Arthur Lutz.
If you have any questions about your responsibilities under the Contract, or would like their advise or assistance with a work related issue, please call Bernadene at ext. 8229, or Arthur at ext. 8518. Or phone the UPM office at ext. 7754.
Because our Contract describes detailed procedures and strict time lines for filing grievances, we urge you to phone immediately if you have any questions or problems.
Have a great semester.
News from Beyond Marin
New Higher Ed Agreements in Michigan and Wisconsin
In Michigan, the Graduate Employees Union/AFT went to the wire on negotiations to secure a minimum of an 8.5 percent raise over the life of the three-year contract, including significant child care subsidies. (See details at www.geo2002.org.) The Teaching Assistants Association of the University of Wisconsin also achieved important child care support in the two-year contract its membership ratified this month. The university agreed to increase its contribution to the Child Care Tuition Assistance Program by 8 percent, says Sandra Levitsky, TAA chief negotiator. That comes in addition to close to 7 percent salary increases pending approval by the state.
Budget Cuts Set Schools Up for Failure, Daschle Warns
Senate Majority Leader Tom Daschle (D-S.D.) ... said the bipartisan spirit that helped pass key education legislation in 2001 was under attack from the Bush administration's efforts to cut more than a billion dollars from federal programs that students and schools need. ... Daschle urged the administration and colleagues across the aisle to back up education reform rhetoric with real help for schools. "While President Bush continues to talk about leaving no child behind, his underfunded education budget will do just that, and we aren't going to let him get away with it." The problem is compounded, Daschle said, by renewed calls for private school vouchers in the wake of this summer's Supreme Court ruling. "We not only need to devote more resources to education, we need to prevent vouchers from draining them away."
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District and UPM Agree to Drop PERB Charges