by Gary Aguiar

We have resolved all remaining issues, except the following (see documents below for latest language).

Remove Intellectual Property as a bargaining item (§8.9, April 8).  I recommend we refuse to agree to the removal of IP as a bargaining item.  That is, we allow them to formally impose it.   This is different than the past few rounds, where we allowed items into the contract, but noted that we did not agree to them in the preface.  My recommendation forces the BOR to impose it upon us, without our agreement.  Further, I am also going to recommend that we do not take their bait and litigate the matter.  That is, for some reason they want us to take it the Department of Labor and get a non-binding resolution.  COHE does not have the resources to fight this battle in court.  Instead, I expect that a live test case will develop and an aggrieved faculty member will sue the BOR over this issue.  I would then recommend that we support the test case.

Change Outside Consulting provisions (§9.4, April 11).   I recommend we agree to these improved outside consulting provisions, which have three new features.  First, they clearly indicate the contract only applies to paid consulting.   Second, paid consulting which is unrelated to the faculty member's university-related expertise and conducted outside the contract period are not reviewable by the university.  Third, conflicts of commitment arise when a faculty member is paid by an outsider to do something closely related to their primary obligation to the institution.  These are subject to conflict of interest (and other policies) and are legitimately the right of the state to review both inside and outside the contract period.   These three concepts balance the state's and faculty's interests well.

Grievance Procedures (§15, April 11).  We are close to a set of provisions that we can accept.  They have offered a provision which ensures a faculty member will get paid until they exhaust the grievance procedures, except in unusual cases.  However, their proposals continue to allow oral and written warnings, which do not have to be based on fact.  I will recommend to the state COEWHE HE that we continue to oppose this proposal.

Series of Ranks for Lecturers and Librarians (§11.3, April 8 and 19.1, April 11)

LECTURER RANKS.  We are not opposed to the Lecturer ranks in principle.  However, we would like to see more release time from teaching for Instructors to perform service obligations that are not core to their program's mission and are best done by instructors.  BOR staffers have moved and now will allow three work units out of the 30; we would like to see six.  At three, these service obligations (e.g., committee service on remedial reading, writing, and math) will be shifted to the professoriate.  I will recommend to the state COHE Board we accept their proposal.

LIBRARIAN RANKS

I have yet to hear a single faculty voice supporting this measure.  Moreover, if the BOR obtains Lecturer ranks, they can achieve their goals with Librarians without creating a new complex artifice.   I recommend we oppose this proposal and force them to impose it.

More Bargaining? 

If the state COHE Board agrees that we should oppose any BOR proposals and we cannot move them on Monday, I will suggest to the state COHE Board we propose an eighth bargaining session.  I am available these dates: Thursday or Friday, May 19 and 20, in Aberdeen (BOR Meeting) or at any place of their choosing May 23 - 26 or June 13 - 17.

The May 17 National Launch of the Campaign for the Future of Higher Education will be at 1 pm in Washington DC, so adjust to your local time. 

Increasing our Voice. Education and student leaders from across the nation will be at the press conference to promote the importance of preserving quality and access to public higher education in the United States. We need the voice of faculty experience to be heard in the current debate over education reform. 

Standing up for Public HE. Public higher education is under attack through budget cuts and the weakening of collective bargaining agreements.  We need to stand together across the states to preserve the national common good of public higher education. This campaign helps all of us in our struggle to defend collective bargaining and faculty governance, rights that are being weakened or eliminated in most states. 

Webstreaming. After the press conference, you will be able to stay online to discuss specific issues in your state and what we can do about these issues by working together. We are suggesting folks invite up to 3 press people to cover the story. A TV media person, a daily news reporter and a campus reporter. Following the Webstream, the local press will interview folks at your party. If you watch it alone and are willing to take press calls, let us know. 

Seven Principles - For further information about this campaign, go to http://qualityhighered.wordpress.com/.  

To Join the Webstreaming - people simply go to www.visualwebcaster.com/CFHE.  They watch it the same way as any other video on a web site via an internet connection.  If they have ever watched a YouTube video, it is the same as doing that.  Click on the link.  Click "play."   

The actual webcast won't be live till day-of, but if you visit the link in advance it will redirect you to a 'help' page where you can do a systems test to see if your computer can handle the webcast. And if it can't, there will be some advice on the 'help' page about how to troubleshoot.