CEW 2003 ACTION PLANS

and REPORTS

Fair Use Notice


Emerson College

Boston, Massachusetts

 

We are hoping to make this one of the most noteworthy CEW events ever. It is also crucial to the part-time union at Emerson.  If you have friends or colleagues in the Boston area, please ask them to attend.  Its Wednesday, October, 29 4pm in downtown Boston at the corner of Boylston and Tremont.  Flyer 1 (pdf) Flyer 2 (pdf)


October 24, 2003 Press Release

Professors to Protest Continued Disregard for Faculty Rights at Emerson College 

Washington, D.C.—On October 29, professors, students, and supporters from Massachusetts, Connecticut, Rhode Island, Vermont, and other states will gather in Boston to protest the insistence of the Emerson College administration that part-time faculty accept a contract that would limit their ability to express any solidarity with other unions. The American Association of University Professors will sponsor the event.

 “This event will draw attention to a pattern of administrative behavior that is inappropriate and potentially damaging to the health and well being of Emerson College,” says Mary Burgan, general secretary of the Association.

The Emerson administration proposes contract language that would limit the rights of its faculty as American citizens. The administration demands that part-time faculty members give up commonly accepted faculty rights to free speech and assembly. Rather than simply asking for a commitment from faculty not to strike during the length of the contract, the Emerson proposal seeks to prohibit actions as elementary as leafleting in support of another union.

“The open ended nature of this proposal,” comments Mary Burgan, “is simply unacceptable. In a campus environment, it is especially important to maintain the faculty’s right to express itself.”

In March 2001, the contingent faculty at Emerson College became the first faculty members in twenty years to form a union at a private institution in Boston. These part-time faculty form the majority of the instructional staff at Emerson, yet they still work without a fair contract. The full-time Emerson faculty belong to a different collective bargaining chapter of AAUP.

Relations between the new faculty union and administration have been strained since 2001. Following an election in which the contingent faculty voted three to one to form a union, the administration spent time and resources appealing to National Labor Relations Board over the faculty’s right to bargain collectively. That appeal failed.

Since then, the administration has proceeded reluctantly, withdrawing all administrators from contract negotiations and proceeding at an extremely slow pace. Meanwhile the administration has cut faculty salaries for classes that enroll under ten students. It also refuses to agree to a “fair share” clause that would charge all faculty covered by the contract some of the costs of representation.

The protest will call on the Emerson College administration to act in the best interest of Emerson College by accepting the part-time faculty union’s proposal for “fair share,” fair compensation, and the democratic principles of full citizenship for all faculty—including academic freedom as well as free expression outside the classroom.

The AAUP Statement on Collective Bargaining holds that “collective bargaining can be used to increase the effectiveness” of institutions of faculty governance, to protect academic freedom, to promote the economic well being of faculty and other academic professionals, and to advance the interests of higher education.

The demonstration will be held October 29 at 4 p.m. at the corner of Tremont and Boylston. In case of rain, the rally will be held in Room 21 of the Emerson Student Union at 96 Beacon Street. For more information about this event, please contact Richard Moser (202) 737-5900, ext. 3043; rmoser@aaup.org

The American Association of University Professors is a nonprofit charitable and educational organization that promotes academic freedom by supporting tenure, academic due process, and standards of quality in higher education. The AAUP has 45,000 members at colleges and universities throughout the United States.

Robin Burns

American Association of University Professors
Department of Public Policy and Communications
1012 Fourteenth Street, NW, #500
Washington, DC   20005

rburns@aaup.org

202-737-5900 ext. 3013
800-424-2973
FAX 202-737-5526


Call to Action - Press Release

Professors to Protest Continued Disregard for Faculty Rights at Emerson College 

On October 29, professors, students and supporters from Massachusetts, Connecticut, Rhode Island, Vermont, and other states will converge on Boston Massachusetts to protest the Emerson administration’s insistence that part time faculty accept a contract that will limit academic freedom and 1st Amendment rights. The American Association of University Professors will sponsor the event.  This event will draw national attention to a pattern of administrative behavior that is inappropriate and potentially damaging to the health and well-being of Emerson College.

The administration proposes and has refused to withdraw contract language that would limit the rights of faculty as American citizens to free speech and free assembly. The administration is demanding that part-time faculty members cross any picket line established by any labor organization and refrain from any sympathy action, including striking, picketing, hand billing or leafleting, with or in support of any labor organization. The administration would forbid part time faculty from supporting the “employees of any employer.”  The open ended nature of this proposal is simply unacceptable and is uniquely repressive in a campus environment.

In March of 2001 the contingent faculty at Emerson College became the first faculty to form a union at a private institution in Boston in 20 years.  They are the majority of the faculty at Emerson yet still work without a fair contract. 

Relations between the faculty union and administration have been strained since 2001 when following an election in which the faculty voted 3 to 1 to form a union, the administration wasted precious time and resources appealing the right of the faculty to collective bargaining before the NLRB. That appeal failed.

Since then, the administration has proceeded as if the contract negotiations and the faculty were its lowest priority by having withdrawn all administrators from the negotiations.

Although the administration has spent hundreds of thousand of dollars fighting the union they insist on saving money by cutting faculty salaries for classes that enroll under ten students.  The administration is also insisting that the union not have the financial support from all faculty covered by the contract by refusing to agree to “fair share” clause.

Although the full time faculty union, also an AAUP affiliate, does not suffer from the same demands made of the part-timer union a recent letter from President Liebergott to the full time faculty sets out a very hostile negotiation position that threatens to challenge the legitimacy of the union.

The protest will call on the Emerson College administration to act in the best interest of Emerson College by accepting both faculty unions, and the part time union’s proposal for “fair share,” fair compensation and the democratic principles of academic freedom and free speech.

The AAUP holds that unionization is an effective instrument for achieving the goals of academic freedom, shared governance of the institution and decent compensation and economic security for faculty.

The demonstration will be held Oct. 29th at 4:00pm at the corner of Tremont and Boylston. In case of rain, the rally will be held in room 21 of the Emerson Student Union at 96 Beacon Street.
 
 
The American Association of University Professors is a nonprofit charitable and educational organization that promotes academic freedom by supporting tenure, academic due process, and standards of quality in higher education. The AAUP has 45,000 members at colleges and universities throughout the United States.

Contacts: Richard Moser        rmoser@aaup.org


 

From the The Chronicle of Higher Education

November 21, 2003

A Union Without a Contract

Part-time professors thought they scored a precedent-setting win at Emerson College, but after more than two years things haven't turned out that way

http://chronicle.com/prm/weekly/v50/i13/13a00801.htm
[For Chronicle Subscribers]

Article: Seeking 'Equal Pay for Equal Work'

By SCOTT SMALLWOOD

Boston

Emerson College was supposed to be the first domino. When part-time-faculty activists won a union election there in 2001, leaders of academic labor around the country took notice. The victory, they hoped, would lead to a wave of organizing at Boston's numerous colleges, allowing thousands of part-time professors to bargain for better treatment.

That hasn't happened.

Instead, on a gray, rainy day at the end of last month, the leaders of the Affiliated Faculty of Emerson College were still fighting for a contract. A small crowd, maybe 75 people, has gathered at a rally, hoping to put pressure on the college to reach an agreement with the union.

In April 2001, the part-timers voted overwhelmingly117 to 37 -- to organize a union and affiliate with the American Association of University Professors. But two and a half years later, they still don't have a contract. The delay, even some union leaders acknowledge, has drained some of the spirit from the academic-labor movement in the city.

It's a reminder of what a long road union organizing and contract negotiating can be, and how important both sides believe every precedent is. The remaining issues -- the university is pushing for a broad no-strike clause and a policy that would pay part-timers less for teaching very small classes -- show that contract negotiations are not just about money, but about power as well.

The administration says the union has exaggerated the importance of the unresolved issues. The union is frustrated that administrators do not come to the bargaining sessions any longer, leaving the job to the college's lawyer.

The lack of progress "is an indication of how tough the battle is," says Gary Zabel, a part-time professor of philosophy at the University of Massachusetts at Boston and a labor activist in the city.

Administrations have come to rely overwhelmingly on poorly paid adjunct faculty. They're going to fight this for the same reason that growers in California fought against farmworkers. Universities have no higher moral ground."

Chants and Speeches

Emerson, a college of arts and communication, has 2,700 undergraduates and 650 graduate students. The 220 part-time professors outnumber the full-timers two to one. With no real campus, the college is housed in several buildings near Boston's theater district.

The protest in late October -- part of Campus Equity Week, a series of events to highlight academic-labor issues across North America -- began on the edge of Boston Common, across the street from some Emerson buildings.

Like any labor rally, it started with chants: "What do we want?" Rich Moser, of the AAUP, said into a malfunctioning megaphone. The crowd answered, meekly, "Academic freedom."

And there were the signs: "Slow Justice Is No Justice" and the less catchy "Uphold AAUP Principles." Students, some with cameras, roamed the proceedings. David Rosen, a college spokesman, was there, snapping pictures as well.

Later he called it "not much of a turnout," pointing out that many of the people were not even from Emerson.

But for labor activists, that's the point. Part-time professors, graduate students, and even the lucky tenured full-time professors believe that they gain strength by sticking together.

The protesters included professors who had traveled from Hofstra University in Hempstead, N.Y., a student from nearby Northeastern University, and a part-timer at Suffolk University, also in downtown Boston, where an organizing campaign may get started.

"We are watching you over at Suffolk," says the adjunct, Robert Rosenfeld, who has taught philosophy there for 13 years. "You're going to help raise the standards of part-time faculty in Boston. Keep fighting."

Justin Ruben, a former Yale University graduate student who is now an organizer for the graduate-student union there, spoke about the importance of academic work, offering some of the most spirited oratory of the brief rally.

"We can make that work better," he told the crowd. "We can stay the conscience of our society. This administration is fighting so hard because of what you mean to people like us. Because by staying together -- graduate students, postdocs, adjuncts, all of us -- then we can take this educational system back."

As the speeches wound down, dusk fell, orange-tinged clouds floated overhead, and the crowd chanted: "The campus, united, will never be defeated."

'Setting a Precedent'

Salaries and benefits are often the most contentious aspects of contract negotiations, but at Emerson the two sides have already reached a financial deal, which has gone into effect. The college established a new salary schedule for part-timers, and agreed to pay 50 percent of the health-insurance premium for some experienced part-time professors -- about 40 of the 220 members of the union get the new health benefit.

The new salary system is a complicated matrix in which pay varies by department and is based on how many courses a professor has taught as a part-timer at Emerson. For example, Leslie Brokaw, a part-time professor in the writing-and-literature program, teaches two or three courses a year.

Before the new contract, she earned $3,200 for each four-credit course. Now she makes $3,900. "My raise of $700 was probably typical," says Ms. Brokaw, who serves on the union's negotiating committee.

So if the union and the college have already agreed on the meaty salary issues, what's holding up a deal?

"This is the first contract," says Mr. Rosen, the college spokesman, "so every issue is being addressed for the first time, and every one is setting a precedent. So both sides are being as careful as they can be."

The labor negotiators, however, say the administrators are dragging their feet. "They're not negotiating with us on these issues," says David Daniel, president of the union, who has been a part-time professor of writing for 13 years. "They're not enormous issues, but they're not even trying to negotiate." It's not about money, he says: "This is about control."

Mr. Moser, of the national AAUP, agrees. "None of these things are truly money things," he says. "It's all just bad attitude and power politics."

The two sides remain at odds over three issues. First, as is standard in many union contracts, the college is seeking to prohibit the professors from striking. But union leaders say the college's proposal is overly broad and would unfairly restrict adjuncts' free-speech rights.

Under the college's proposal, the part-timers would have to agree to much more than simply not striking or picketing. They "will not refuse to cross any picket line established by any labor organization, nor will they engage in any sympathy action, including striking, picketing, handbilling or leafleting, with or in support of any labor organization," it says.
The next paragraph defines "labor organization" as any group that represents employees of the college or "any other employer."

Mr. Moser says he has never seen such broad no-strike language. It could be interpreted to mean that part-timers at Emerson could be fired for participating in a labor rally for graduate students at Yale University, or for handing out brochures during a janitors' strike in Boston, he says: "Some people call it the 'no-bad-thoughts clause.'"

Mr. Rosen, the only administrator designated to speak about the negotiations, declines to discuss the details of the remaining contract issues. However, he does say they have been "miscast" by the union. The no-strike clause, for instance, has been portrayed as a free-speech issue, but the college is simply seeking the strongest possible no-strike clause, he says.

The second issue is the college's proposal to pay part-time faculty members less money for courses that enroll fewer than 10 students. For instance, under the plan, if seven students enrolled in a given course, the professor who teaches it would be paid 70 percent of the regular salary. Part-timers argue that such a clause is unfair, and that professors' pay should not be based on the number of students in class.

Mr. Rosen says the college has always reserved the right to cancel a class with fewer than 10 students. He adds that the contract would codify an existing policy under which classes with low enrollment can be transformed into "directed studies" courses -- a kind of independent study -- in which the professor would be paid the lower rate on the basis of the actual number of students.

The part-timers say that they have never heard of such a policy, and that it is not how the college functions now. Ms. Brokaw says she has taught classes with fewer than 10 students and never had her pay prorated.

She finds the proposal especially galling because the college promotes itself, in part, on the virtue of small classes. She recalls teaching graduate courses that limit enrollment to 12 students. "Then one student didn't show up, one dropped the class, a third blew off the course, and suddenly I was at 9," she says. "The idea that at that point I would take a pay cut is ridiculous."

The third major issue left on the bargaining table is who will pay the union's expenses. The college wants only union members to pay dues. But the union is seeking an "agency shop," in which even members of the bargaining unit who are not members of the union must pay a percentage of their salary -- generally smaller than full union dues -- to help support the union.

Union leaders maintain that Emerson is paying its lawyers to fight so hard on these issues -- even the ones that wouldn't cost the college much, if anything -- because of the precedents that will be set not only at Emerson but for dozens of nearby colleges as well. The union could gain momentum among part-timers because many of them teach at multiple colleges in the Boston area. Emerson officials have "spent much more on lawyers than they've given to us," says Mr. Daniel, the union president.

Part-timers point out that the college's tax returns show legal expenses in the 2001 and 2002 fiscal years of $424,000 and $439,700, respectively. In comparison, in the previous three years the college spent an average of $216,000 on legal fees.

Mr. Rosen declines to specify how much Emerson has paid its lawyers for union-related costs, saying that the college is not required to categorize the costs. But it would be irresponsible to suggest that all of that additional money was spent on the union fight, he says, citing the legal costs associated with real-estate deals during the past decade that have relocated Emerson from the Back Bay section of Boston to the theater district.

Playing Tough

Professors at Emerson believe that the administration is planning to be tough with all of its unions. Full-time faculty members at the college, unlike the vast majority of professors at other private institutions, are also unionized. They are members of a separate AAUP unit that was created before the 1980 U.S. Supreme Court case involving Yeshiva University, in which the court ruled that professors at private colleges had managerial roles and were therefore not covered by the National Labor Relations Act.

Part-timers point out that the full-timers' union does not have such a strict no-strike clause, has no prorated pay for small classes, and does collect "agency fees," in lieu of dues, from professors who don't join the union.

But the full-timers may not have all of those things for long. Some professors say the administration is seeking to decertify the union -- a move that many private colleges made after the Yeshiva decision, but which Emerson has refrained from making.

The college has no such plan, says Mr. Rosen. In a letter to the full-time professors in September, President Jacqueline Liebergott wrote, "Although we know that we could withdraw recognition from [the full-time faculty union], and we think that we would win the legal fight that would follow, legal fights benefit lawyers and almost no one else."

She went on to say, however, that "for the faculty to conduct itself sometimes as management and sometimes as labor compromises its critical role." She offered the full-timers a choice: If they continue the "traditional union-versus-management relationship," the college will seek to eliminate from the contract the faculty's right to participate in management. Or they can form a new type of pact with the college, which would "enhance" the faculty's role in governance but acknowledge that the AAUP unit is not a union under federal labor law.

Eiki Satake, a professor of mathematics and president of the full-time-faculty union, says he found the president's letter to be "extremely offensive, very indefensible, and extremely inappropriate."

"They are not ready to negotiate with our union in good faith," he says.

Mr. Moser, of the AAUP, acknowledges that getting a contract for the part-timers at Emerson has taken longer than union leaders hoped. But not all of the momentum has been lost, he says, noting that several groups are planning to begin union-organizing campaigns at both public and private colleges in the Boston area. "Through mutual agreement," he says, "we decided to wrap up this first contract at Emerson first."

Since 1998, adjuncts have made tremendous headway on the labor front, Mr. Moser says. Emerson represesents a real victory: the first part-time union created at a private institution in Boston in the past 20 years. Perhaps that will indeed start a chain reaction of unionization at private colleges. "But," he says, "it's been a slog."
------------------------------------------------------------------------

http://chronicle.com/prm/weekly/v50/i13/13a00801.htm
[For Chronicle Subscribers]
http://chronicle.com
Section: The Faculty
Volume 50, Issue 13, Page A8


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