The PSC won an important legal victory in its intellectual property case before the Public Employees Relations Board.  Philip Maier, PERB Administrative Law Judge, ordered "that the City University of New York shall: 1. Not refuse to bargain with the PSC on demand the aspects of the intellectual [property] policy relating to compensation and the dispute resolution procedure;..." 

This decision is a major reaffirmation of the right of instructional staff to bargain over those aspects of our terms and conditions which are most critical to our professional work. 

The PSC maintained that aspects of CUNY's recently adopted Intellectual Property policy were mandatory subjects of bargaining and demanded that CUNY negotiate those aspects of CUNY's policy.  CUNY refused to bargain with the PSC claiming that they had a right to impose the policy without negotiating with the PSC.  They claimed they only had to consult and that they had met that obligation.  Among other arguments, they relied on Article 2.2 and 2.4 of our contract which CUNY claimed was an "unambiguous waiver" of our right to bargain. 

Importantly, Judge Maier dismissed such arguments.  In a 17 page decision, he wrote, "I find...that CUNY had an obligation to bargain on demand with PSC concerning the terms of the policy after expiration of the CBA [Collective Bargaining Agreement], and either prior to or subsequent to implementation....Additionally, I do not find that this language in clauses 2.2 and 2.4 waives the PSC's right to bargain concerning mandatory subjects affected by CUNY's intellectual property policy, either prior or subsequent to its implementation, once the CBA has expired....The language [of 2.2 and 2.4]...does not clearly and unambiguously state that PSC is forever waiving its rights to seek to bargain over mandatory subjects of bargaining not otherwise covered by the agreement.  As such, I can not find that PSC waived its right to bargain over the subjects at issue herein...." 

There is much more to be said about this decision, but I wanted to share the good news with you and to take this opportunity to thank all the many members, PSC staff, and legal counsel who devoted many days to the preparation of the PERB case.  Also, many thanks go to all those who helped prepare the PSC's critique of CUNY's Intellectual Property policy and organized and testified at the open hearings; all of which has already resulted in substantial changes to CUNY's original draft policy. 

Now, we can expect appeals and delay from CUNY.  Nonetheless, we should educate our members about the issues and engage them to press CUNY management to negotiate with the PSC.  And, let's celebrate a good victory!