In the UT-AAUP newsletter of October 26, 2010, the UT-AAUP legal counsel Marilyn Widman reported the filing of a law suit on October 25, 2010, asking the Lucas County Common Pleas Court to suspend further implementation of the Jacobs' reorganization plan while the UT-AAUP seeks to uphold the UT-AAUP Collective Bargaining Agreement and the UT Faculty Senate Constitution. The suit was filed in response to President Jacobs' announced unilateral reorganization of The University of Toledo.
In Wednesday's Toledo Blade (Section B, page 3), UT officials are quoted as saying :
"It is unfortunate that some in the faculty bargaining unit would prefer to stall progress in favor of clinging to an antiquated system that has begun to place their students and peers at a competitive disadvantage. The status quo is not an option for today's world."
The quoted UT officials are misinformed. The UT-AAUP has not taken a position for or against the merits of President Jacobs' reorganization plan. The UT-AAUP filed the court action as a step in upholding and enforcing the UT-AAUP Collective Bargaining Agreement and the UT Faculty Senate Constitution, both of which are legal contracts approved by the UT Board of Trustees. President Jacobs has ignored both contracts. The UT-AAUP is asking the Court to prohibit further action on the reorganization plan until the Collective Bargaining Agreement and the Faculty Senate Constitution are honored.
President Jacobs admitted that he is unilaterally moving forward to make major reorganization changes in the University without consulting the UT Faculty Senate. Consultation is required by the Faculty Senate Constitution and the UT-AAUP Collective Bargaining Agreement.
A temporary restraining order (TRO) hearing is scheduled for next Monday, November 1, 2010 at 1:30 p.m. before Judge Gary Cook, Lucas County Common Pleas, Courtroom Number 9. This is an open, public hearing at which attorneys will argue whether Judge Cook should issue a TRO, which the UT-AAUP has requested. Interested faculty, students, staff, administrators, and others are welcome. A full hearing, including testimony from witnesses, will be scheduled at a later date, at which time the Court will decide whether to award further relief. Monday's hearing location is:
Lucas County Common Pleas Court
Judge Gary Cook
Courtroom Number 9
4th Floor
700 Adams Street
Toledo, OH 43604
A link is provided below to the UT-AAUP petition filed October 25, 2010.
UT-AAUP Petition Filed October 25, 2010
