Giving Thanks

University professors have lots to be thankful for. We are paid to explore our interests and to spark interests in others. We have autonomy over our research and our classrooms. Our schedules are relatively flexible and allow us considerable time off. Many of us have job security. And although most of us aren't getting rich, university professors typically earn a decent salary with reasonable benefits. Overall, we lead good lives, and for that, we should be thankful.

That said, I'm willing to fight to maintain what we have, and to try to make things better. Ohio University is a great institution, one that I've called my home for many years, but it is not without its problems. Those of us who speak out about OU's problems are no less loyal to the institution than those who stay silent, choosing instead to accept things as they are. Reasonable people are going to disagree about unionization. As academicians, we can deal with that. As academicians, we know that people on both sides of the issue are going to exert their influence to persuade others and to gain supporters. No problems there, as long as we all agree to play nice.

Let's continue to do that. Let's agree to play nice and to further our discussion of unionization so that those who have yet to decide have enough information to do so. Let's agree to speak up and to be tolerant so that our discussions are friendly and informative. Let's agree that it's in our best interest to unite, whether or not that involves collective bargaining.

Happy Thanksgiving, my friends.

Administrators Come and Go

This is an update of a previous blog regarding Provost Krendl searching for employment elsewhere...

According to The Post, Provost Krendl is now one of two finalists for president at Otterbein College ("Krendl One of Two Candidates for Otterbein Presidency"). You might recall that back in February, she was among three finalists for the presidency at Elmhurst College. Although Provost Krendl is chief academic officer, a primary architect of VisionOhio, and leading the transition from quarters to semesters (and to our inclusion in the University System of Ohio), it's clear that she's interested in moving on.

If you haven't noticed, the times are a changin' at Ohio University, and as they continue to change, the faculty needs to ensure that its collective voice is heard. A collective bargaining agreement would help ensure that the changes we embrace are measured, in the best interest of all stakeholders, and that they are implemented via due process that includes appropriate faculty input. University administrators will come and go, but a collective bargaining agreement will remain in place, and it will be backed by law.


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Scare Tactics by Union Opposition

If you need more evidence that the Committee for an Independent Faculty is trying to scare people away from signing cards, consider reading the following article:

Claim That AAUP Could Bypass Union Election is Unrealistic (The Post)

As I (and others) have stated previously, it is possible to circumvent an election only if the union initiates it (which it would never do), and only if Ohio University also agrees to recognize the union without an election (and Ohio University would NEVER agree to do this). University administrators are trained never to say never, but according to Rebecca Watts, who is Chief of Staff to President McDavis, the administration would indeed request an election before recognizing a faculty union.

In other words, the card drive is completely legitimate, faculty should not hesitate to sign cards if they support unionization, and the Committee for an Independent Faculty should stop trying to scare people.


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Do Not Hesitate to Sign Cards

As I mention yesterday, many faculty have received a bizarre email from a group calling themselves the Committee for an Independent Faculty (CIF). The CIF warned that faculty should "be careful" before signing unionization cards, because "signing a card is in fact a vote for unionization."

The following article and letter to the editor help set the record straight. In essence, they state that the card drive is legitimate, completely transparent, and that if the card drive is successful, Ohio's State Employment Relations Board (SERB) will coordinate a vote on unionization. In other words, the card drive is completely legitimate, so faculty should not hesitate to sign cards if they support unionization.

Faculty Group Alleges Union Card Drive Deceptive (Athens NEWS)

The Truth about Ohio Law and Collective Bargaining (Athens NEWS)


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Card Drive is NOT a Union Election

Many faculty have received a bizarre email from a group calling themselves the Committee for an Independent Faculty (CIF). The CIF warns that faculty should "be careful" before signing unionization cards, because "signing a card is in fact a vote for unionization."

This is not true, and it's troubling that this group would suggest that our AAUP-OU colleagues are intentionally trying to mislead us. According to a recent blog entry on the AAUP-OU's Web site, "The AAUP will not, under any circumstances, ask SERB to recognize AAUP as the exclusive bargaining agent without an election. Just as importantly, the AAUP will not call for an election until a strong majority (60%) of the faculty have asked for it by signing cards."

Why is the Committee for an Independent Faculty trying to scare us? Unfortunately, it is common for those who oppose unionization to spread misinformation and to use fear to scare people away from signing cards. Below are the facts, based on the following Ohio laws that you can read for yourself:

Ohio Revised Code 4117.05
Ohio Administrative Code 4117-3

FACT: It is possible to circumvent an election only if the union initiates it. As I mentioned previously, the AAUP will not, under any circumstances, seek collective bargaining without an election conducted by the State Employment Relations Board (SERB). The unionization cards clearly state that faculty who sign cards "wish...to vote in an election to be conducted by the Ohio State Employment Relations Board..."

FACT: Even if the union initiated alternative procedures (and it won't), it is possible to circumvent an election only if Ohio University also agrees to recognize the union without an election, and Ohio University would NEVER agree to this. During the October Faculty Senate meeting, the Provost stated very clearly her opinion that unionization would be "disastrous." NEVER in Ohio has a university recognized a union without an election.

FACT: Faculty have no reason to mistrust the AAUP. Since 1915, the AAUP's primary mission has been to advance academic freedom and shared governance. Even our Faculty Handbook (Section I-A) pays homage to the incredibly influential 1940 Statement of Principles of the American Association of University Professors.

The Committee for an Independent Faculty is correct that you should be careful what you sign, BUT YOU SHOULD SIGN A UNION CARD.

The Language of "The Card"

Faculty have had some questions about the AAUP's card drive. Immediately below is a brief summary of the intent behind a card drive, and below that is the actual language of the card, which I found on the AAUP-OU Web site.

What exactly is a card drive? A card drive authorizes Ohio's State Employment Relations Board (SERB) to coordinate a vote on unionization. To initiate such a vote, 30% of eligible faculty must sign and return union cards. However, to ensure that an election will result in majority support for unionization, both AAUP-National and AAUP-OU insist that 60% of eligible faculty sign and return union cards before SERB coordinates a vote.

According to AAUP-OU, unionization cards include the following language:

I, [printed name] ____________________, wish to be represented in collective bargaining by the Ohio University Chapter of the American Association of University Professors (OU-AAUP) and to vote in an election to be conducted by the Ohio State Employment Relations Board to achieve this objective. I subscribe to and support the OU-AAUP's efforts to advance the principles and standards of my profession of teaching and research in higher education and its commitment to support and advance strong faculty governance.

My understanding is that the card drive will soon be fully underway and that all faculty will receive a card and some basic information. For more information about the card drive, consider contacting one of the AAUP-OU officers listed below and on their Web site.

President
Kevin Uhalde
Associate Professor, History Department

Vice President
Marsha Dutton
Professor, English Department

Treasurer
John Gilliom
Professor and Chair, Political Science

Secretary
Joseph Bernt
Professor, School of Journalism

At-Large Members

Glenn Matlack
Assistant Professor, Environmental and Plant Biology

Ken Brown
Professor, Chemistry

Gene Ammarell
Associate Professor, Department of Sociology and Anthropology

Branch Campus Liaison

Michael Nern
Associate Professor, English, Zanesville Campus

Protect Health Benefits

"Budget Scare May Be Pretext to Get Your Health Benefits (Athens NEWS)"

Letter to the editor by Ken Brown, Professor of Chemistry and member of the OU AAUP chapter. Brown suggests that the university may be preparing to shift additional health care costs to its employees. He claims, "It’s a tactic we’ve seen used or attempted more than once during this long period of fiscal trouble. So we know what to expect just around the corner: higher monthly contributions, higher out-of-pocket maximum costs, and, for the first time ever at OU, a health-care deductible.

And without the right to negotiate benefits with the administration, he claims there's not much we can do about it, except form a collective-bargaining unit. "As long as we lack the right to negotiate benefits with the administration, we can expect to be the scapegoats when budget deficits loom and when administrators are prowling for ways to pare the budget."

According to Brown, the message is clear..."Protect Your Health-Care Benefits. Vote for Collective Bargaining. And join the AAUP today!"

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Faculty Handbook Legally Binding?

Back in the good old days, faculty signed a contract each year. It was a fascinating document that noted one's name, address, tenure status, salary, FTE, etc., and at the very bottom, the following language...

By signing below you are accepting appointment under the terms and conditions of this contact and agreeing that questions regarding this contract shall be resolved according to the principles and regulations set forth, where applicable, in the Faculty Handbook, Administrator's Handbook, Ohio University Policy and Procedure Manual, and the laws of Ohio.

But several years ago, the administration stopped issuing these contracts and opted to send faculty "letters of appointment" instead. Faculty have been arguing with administrators ever since, debating whether the Faculty Handbook, which was clearly part of a professor's contract, is still a legally binding part of our "agreement" with the university ("Senate Re-examines Faculty Handbook (The Post)").

According to John Biancamano, OU's Director of Legal Affairs, the Faculty Handbook is "in a general sense" still part of the faculty contract.

Excuse me? I don't know about the rest of the faculty, but I'm deeply concerned when my legal rights are only "generally" protected by a "contract" I no longer have a right to sign.

By negotiating a collective bargaining agreement with the university, faculty will no longer need to be concerned about the terms and conditions of their employment, because the agreement will codify what's in the Faculty Handbook, and the agreement will be backed by state law.

Evaluating President McDavis

As you know, the Board of Trustees recently agreed to pay Terry MacTaggart of AGB (Association of Governing Boards of Universities and Colleges) $35,000 to meet with campus representatives to conduct a comprehensive evaluation of President McDavis. According to The Post ("Consultant Begins McDavis Review"), "MacTaggart meets with individual groups and asks them to give a candid assessment of the president’s performance. Then he just listens."

According to today's Athens News, faculty representatives don't believe he listened nearly enough ("Faculty Not Thrilled With Review"). According to Faculty Senate Chairman Sergio Lopez-Permouth, very little "real communication" occurred between Senate leaders and MacTaggart. Lopez-Permouth complained that MacTaggart asked leading questions (e.g., "Why would you criticize McDavis when all outside indicators show he's doing a good job?"), and that there was very little time for faculty to voice their concerns.

And let's be honest...Did anyone really expect this evaluation to be fair? How valid is a comprehensive review that follows (rather than precedes) a 5-year contract extension and an $85,336 raise? How can any reasonable person view this evaluation as meaningful or impartial?

Can unionization change things? Possibly. After all, anything can be negotiated into a contract, and over the past few years, who has conducted meaningful evaluations (i.e., evaluations based on faculty input) of top administrators? That's right, OU's local chapter of AAUP.

Irresponsible Administrative Spending

According to university administrators, Ohio University could face a deficit of up to $38 million in the next two years if a “perfect storm” of key economic factors blows through the state ("‘Perfect Storm’ Could Cause Budget Deficit"). Although we have little control over global finances, Ohio University does indeed control how it prioritizes its spending. As you might expect, the university community is becoming increasingly frustrated with administrative decisions (decisions that often lack adequate faculty input).

For example, Chuck Overby, Professor Emeritus of Engineering, recently chastised the administration's ability to prioritize spending ("Straightening Priorities Involves Spending Money Differently"). In his letter to the editor, he noted that while the administration chose to cut the library's hours of operation, it instead chose to invest ever-dwindling financial resources into huge pay raises for both the President ("OU President Gets $85,336 Raise with New Contract") and the Football Coach ("Solich Annual Salary $400,000 Through 2013"). Furthermore, as the library sat dark, the university worked to fill new "six-figure" administrative positions ("Vice Provost for Diversity Will Earn $137,000"). Overby noted that as the administration feasts, "Alden Library and other 'essences' of a first-class university go on starvation rations."

When unionized, we won't be able to force good judgment on the administration, but a contract will give us a legally binding tool to limit the damage they can do.

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"Contingent Faculty" in the News

The following was posted today on the AAUP-OU Web site.

The AAUP has dedicated the November-December issue of its magazine, Academe, to the topic of contingent faculty. That's the term commonly used for all those who teach in positions that don't have the possibility of tenure, including what O.U. calls Group 2 faculty.

A variety of topics and perspectives are offered, descriptive and prognostic, objective and opinionated. What's most worth our notice is that the AAUP talks openly about how best to protect the interests of all faculty, regardless of the groups to which administrations assign us. Please consider taking a look. While you're on the national website, also consider joining the AAUP if you haven't already.

University Presidents Earn $$$

As state funding for higher education continues to erode, Ohio's public universities continue to brace themselves for shortfalls by creating budget contingency plans. For example, during the September Faculty Senate Meeting, President McDavis noted that state revenues are falling short of projections, and he acknowledged that economic indicators are not moving in the direction everyone had hoped. Although he stated that he is "cautiously optimistic," he announced that he is developing a budget contingency plan and that he is "concerned about the overall numbers." Faculty are concerned about the numbers too, and as team players they have tightened their departmental belts, and they have collectively endured modest pay raises.

Why haven't our team leaders followed suit? Although funding for our state universities is limited, Ohio State recently announced that President Gee will receive a 3.5% base raise and a 40% performance bonus ("Ohio State Gives President Pay Increase, Bonus"). You might recall that President McDavis recently accepted a huge raise as well ("OU President Gets $85,336 Raise with New Contract"). Even after two votes of no confidence, the Board of Trustees awarded McDavis a new 5-year contract and an $85,336 pay raise. Meanwhile, many faculty failed to keep pace with inflation after splitting a 3% raise pool.

Collective bargaining will not prevent university presidents from becoming rich, but it will provide faculty with more say in how university funds are used, and it will help faculty from falling deeper and deeper into a financial hole.

Why Unionize Now?

According to The Post, Provost Krendl is one of three finalists for president at Otterbein College, and back in February, she was among three finalists for the presidency at Elmhurst College ("Krendl Finalist for Otterbein Presidency"). Although Provost Krendl is chief academic officer, a primary architect of VisionOhio, and leading the transition from quarters to semesters (and to our inclusion in the University System of Ohio), it seems clear that she's interested in moving on. A recent Post editorial stated (quite reasonably) that OU needs a contingency plan, and it needs to share that plan with people who have a stake in the University ("Post Editorial: What's the Plan?").

Faculty need to think about contingency plans as well. If you haven't noticed, the times are a changin' at Ohio University, and as they continue to change, the faculty needs to ensure that its collective voice is heard. A collective bargaining agreement would help ensure that the changes we embrace are measured, in the best interest of all stakeholders, and that they are implemented via due process that includes appropriate faculty input.


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Strong Opinions Across Campuses

Unionization: Talk Reveals Strong Faculty Opinions Across OU Campuses (The Post)

This article mentions that Athens faculty continue to discuss unionization issues, and that organizers are planning to hold additional forums that will reach out to regional campus faculty. That sounds like a good idea, because organizers are likely to find quite a bit of support on the regionals. According to the article, Zanesville faculty have been ready to unionize for some time, and an informal survey of faculty in Chillicothe discovered strong support.

That said, most faculty seem to agree that the AAUP needs to begin a comprehensive informational campaign for the card drive to be successful. Simply stated, faculty need much more information to make informed decisions about unionization.

As much as possible, this blog will track OU's organizational efforts and will post information as it becomes available. You can help! If you have unionization information to share, consider contributing a brief blog entry to this site. All contributions will be posted anonymously. Contributions should be well-thought-out, respectful, and written with the intent of furthering an intelligent discussion of collective bargaining at OU. Send all contributions to OUunion@yahoo.com

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Advice for Administrators

According to the AAUP, federal and state laws govern what is lawful and unlawful conduct for university administrators during a union organizing campaign. For example, the following is generally LAWFUL conduct: Administrators may respond to questions, they may conduct informational meetings, and they may distribute information.

However, it is generally UNLAWFUL for administrators to do the following:

Administrators may not intimidate, threaten, or coerce potential bargaining unit members.

Administrators may not interrogate, survey, or poll potential bargaining unit members.

Administrators may not retaliate against anyone participating in union organizing efforts.

Administrators may not promise benefits if the union is defeated.

With this in mind, I was very interested in an article that a Zanesville faculty member sent to my attention. In the article ("OU Faculty Close to Unionizing"), Zanesville faculty describe OU's unionization efforts. Although the faculty state their campus heavily supports unionization, an administrator is quoted as saying "some are very strongly union, others are very anti-union," as if he had polled the faculty himself. According to the AAUP, administrators should think carefully before surveying or polling potential bargaining unit members, as that generally constitutes unlawful behavior.