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Nov. 2002 Newsletter
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C
O N T E N T S |
View the old contract from this link. 1999-2000 Contract |
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Ponderings of the President
I would hope, as author of this editorial column, that it is evident that the opinions expressed here represent my own and are not necessarily those of the Executive Council or the membership as a whole, unless stated otherwise. I do recognize that what I write as "Ponderings of the President" is often interpreted as an official Union position. Consequently, I go to great efforts to keep my personal opinions clearly presented as personal. In addition, with rare exception, I do not speak to school administrators or other publications in any capacity except as UPM president; rarely as a faculty member. This avoids the confusion as to whom I am representing when offering an opinion. Membership Matters NEW AFT PLUS Member Computer Purchase Program Dreaming of a computer for the holidays? |
Facilities Use Issue Members to Vote on Resolution On November 14, during a special meeting, United Professors of Marin members voted unanimously to propose a resolution that would define the UPM's position on the District's facilities use plans and options. At the meeting, members expressed the feeling that they could not support any option that would close down facilities and put at risk the rights and positions of faculty. Recommended for approval by the UPM Executive Council, the resolution goes to the entire union for a vote. The ballot, mailed to members last week, is due back to the UPM no later than noon on December 6. Here is the text of the proposed resolution: Whereas As educators we support and encourage the expansion of learning; As educators and union members we oppose the elimination of jobs, resources and facilities that diminish learning capacity; and As educators we believe that the College of Marin must have an Educational Master Plan, rather than a business driven perspective, We believe an Educational Master Plan must include programming that addresses the needs of the entire county and keeps the necessary facilities at both existing campuses; Communities in Marin County have supported and passed local bond measures in the millions of dollars for education. Therefore, the membership of the United Professors of Marin do resolve that We oppose facilities options #1,3,4 and 5 as presented to the Board of Trustees; We support option #2 as presented to the Board of Trustees (keeping and restoring both campuses); We support the administration in developing a faculty driven educational master  plan for the College of Marin; We support the administration in undertaking an aggressive and creative marketing plan for the College of Marin; We support the passage of a bond issue of a sufficient dollar amount to fund the necessary improvements to make both campuses of the College of Marin a 21st century community college; We direct the UPM Political Action Committee (UPMPAC) to provide financial support and political activities for the above purposes.Grievance Officer's Report E-Mail Privacy at CoM - An Unsettled Issue By Arthur Lutz When you make phone calls from your school office or receive personal letters, you do not expect that your mail will be opened or that your conversations will be monitored. Nor do you expect that your desk or file cabinets will be rifled. But what about your e-mail and the files stored on your computer hard-drive? Shouldn't these also be private? Evidently some college administrators don't think so. In 1997 the president of Santa Rosa JC surreptitiously searched the computer files of 10 faculty members to determine the authorship of anonymous letters that were critical of his administration. On the basis of his surveillance, he fired Dr. Sylvia Wasson, a 22-year tenured instructor. Dr. Wasson protested, and after a campus uproar by the faculty, the president and the District were forced to apologize and reinstated her. Yet despite the president's unprofessionalism, he retained his position, and the SRJC policy manual continues to state, "The District reserves the right to access all information stored on District computers." Similar issues have arisen at other community colleges. In 1999 San Mateo Community College managers issued a policy statement that declared, "The District reserves the right to conduct audits involving employee use of electronic communications systems. Anyone using electronic communications expressly consents to such monitoring." It was only after protests by the San Mateo AFT that the District withdrew its policy. How is it that in our profession, where academic freedom is so integral and essential, some school administrators have such low regard for first amendment rights? In 2001, the California legislature attempted to resolve the e-mail privacy issue by enacting SB 147, which prohibited employers from secretly monitoring electronic mail or other computer records generated by employees. Unfortunately, Governor Davis vetoed this bill, and with this veto the legal arguments for and against employee e-mail privacy resumed. Management contends that computers provided for business purposes are company property and therefore their use may be monitored and controlled. Employee groups maintain that the surreptitious monitoring of electronic communication violates the First and Fourth Amendments, the Electronic Communications Privacy Act of 1986, and the National Labor Relations Act. Although the courts have not yet rendered a final decision on the controversy, many academic interest groups have weighed in on the matter. The AAUP has issued an advisory report which states, "The general standard of e-mail privacy should be that which is assured to persons who send and receive sealed envelopes through the physical mail system - that envelopes would not be opened by university officials save for exigent conditions."  The University of California followed suit and established a policy that asserts, "The University affords electronic mail privacy protections comparable to that which it traditionally affords paper mail and telephone conversations."Which brings us to the College of Marin - where the matter is far from settled. While there is no evidence that our administration has monitored, or intends to monitor our electronic records, neither have they announced an explicit District policy stating that electronic communications are private, and that no monitoring will occur. Until such time as our District affirms its support for the principles of academic freedom and personal privacy, or negotiates an Acceptable Use Policy for electronic communications with UPM, it might be wise for us to keep in mind what happened to Dr. Wasson. If you have questions regarding this matter, please contact your UPM Grievance Officers Arthur Lutz at ext. 8518, or Bernadene Allen at ext. 8229. We'll try to keep you updated with the latest developments. And in the meantime, be aware that your personal e-mail records and electronic files at COM are potentially very porous. News From Beyond Marin New Homeland Security Bill Leaves Employee Rights in the Cold The Homeland Security Bill approved by the Senate Nov. 19 strips the new department's 170,000 employees of their collective bargaining and civil service rights, a provision that AFL-CIO president John Sweeney called "a shameful and unprecedented assault on workers." Employees in the new department, created by merging 22 government agencies, will have no voice, or at best a limited say in such basic workplace issues as hiring, firing, promotions, appraisals or disciplinary actions. The bill also was loaded with provisions to help business interests, notes the AFL-CIO. Sweeney charged that the bill, expected to be signed into law by President Bush, is an affront to unions' support for the war against terrorism when "firefighters, emergency personnel and construction workers who put all else aside during the tragic events of September 11 showed the world that being a union member is no obstacle to doing one's job or performing feats of bravery and patriotism." Treasuers Report
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Web Page graphics & design by Mike Godsey, windfind@sonic.nett
Facilities Use Issue Members to Vote on Resolution
by Ira Lansing