CONTRACT BULLETIN #3

REPORT ON NOVEMBER 3 NEGOTIATIONS

The PSC met with the team of negotiators from 80^th Street on Friday, November 3, 2000. Randy Levine, management’s Chief Consultant, was once again absent. His absence may account for the brevity of the session.

Having previously submitted the contract proposal to the 80^th Street team, the PSC team was prepared to begin with the seven proposals under Recognition. We told management’s team that we would clarify questions in context during the discussion.

Brenda Malone, Vice Chancellor for Faculty and Staff Relations, refused to remain at the table and discuss the issues. She claimed that the proposals needed to be culled down to a “manageable” subset. When we refused to do that, stating that it was unreasonable for that request to be made at the third meeting, Brenda Malone declared that they were not prepared to stay. The PSC team insisted on moving forward and presented an order for discussing non-economic proposals: Recognition, PSC/CUNY Relations, Grievance and Discipline, Bill of Rights, Professional Staff, Part-time Staff, Retirees, Health and Safety, and Distance Learning.

Before they left, less than an hour later, Barbara Bowen made another pitch for them to remain since “our members needed immediate relief”. She also told Brenda Malone and her team that the PSC wanted to work in partnership with 80^th Street to rebuild the University and find ways to fund the contract. She repeated the PSC’s unwillingness to take any proposals off the table at this time.

Brenda Malone distributed management’s demands, which are included here:

CUNY's proposals for collective bargaining

with the Professional Staff Congress

Amend Section 6.1 of the 1996-2000 PSC/CUNY collective bargaining agreement to provide that the PSC will reimburse the University for all reassigned time at the reassigned employee’s full-time salary rate, including fringes. Eliminate Section 6.5 of the 1996-2000 PSC/CUNY collective-bargaining agreement.

Amend Section 9.1 of the 1996-2000 PSC/CUNY collective bargaining agreement to apply the provisions regarding abandonment of position to all members of the instructional staff, including tenured and certificated members.

Delete Section 12.5 of the 1996-2000 PSC/CUNY collective bargaining agreement to provide that an employee who has achieved a 13.3 b. appointment may be terminated in the event of unsatisfactory performance after an unsatisfactory evaluation.

To best meet the needs of students and ensure adequate time for colleges to prepare for the academic year, amend Section 14.1 of the 1996-2000 PSC/CUNY collective bargaining agreement so that the annual leave period for full-time teaching members of the faculty shall end on a date on or after August 15 to be determined by the University. Amend Section 14.3c. accordingly.

Modify Section 14.1 of the 1996-2000 PSC/CUNY collective bargaining agreement to provide that, to best serve the needs of the department and the college, the work year of department chairs can be extended at the discretion of the college.

Amend Section 14.9 of the PSC/CUNY collective bargaining agreement as follows: The maximum accrual of annual leave shall not exceed 25 days (30 days for librarians, counselors in faculty titles, and other employees who can earn 30 days during an annual leave year). No employee will be credited with annual leave over the maximum accrual during any annual leave year.

Amend Section 15.2 of the 1996-2000 PSC/CUNY collective bargaining agreement to permit adjunct faculty to teach nine classroom contact hours at one college and a maximum of six classroom contact hours at one or more other colleges.

Colleges may assign qualified HEOs on a voluntary basis to teach courses as part of their 35-hour per week workload for no additional compensation.

Substitute for Travia Leave a lump sum payment, which shall be payable two months after the employee’s retirement date. The total value of the lump sum payment will be calculated on the basis of one-half of the employee’s accumulated sick leave and in no event shall the amount to be paid exceed the value of 80 days.

Modify Sections 21.5 and 21.6 of the 1996-2000 PSC/CUNY collective bargaining agreement to provide that, if an employee does not request a hearing with 14 days, the employee shall be deemed to have acquiesced to the charges and the recommended penalty. Modify Section 21.7 to require that any penalty recommended by the Chancellor’s Designee shall be implemented immediately.

Replace the current system of step increases with a minimum/maximum range for each title. Presidents may provide annual discretionary salary increases within the range. The Chancellor may approve salaries above the range for a title in meritorious instances. The continuation of such additional compensation above the range shall be subject to a formal review process.

Establish a program for the distribution of one-time, lump sum award to instructional staff based upon meritorious performance.

agreements reached to date

The Professional Staff Congress presented to CUNY management the following summary of the ground rules to which we have agreed:

Collective bargaining session will take place alternately at the offices of the Professional Staff Congress and the City University of New York, 535 E. 80^th Street. There will be flexibility to meet in a larger space or to deviate from the pattern of alternative venues if the number of people at the session or other conditions, such as unavailability of the space, demand.

All tentative agreements reached during negotiations will be committed to writing and will be considered tentative until ratified by both parties to the contract.

Both parties will be free to communicate publicly about the course of the negotiations and the discussions during the collective bargaining session unless both parties agree in advance that a certain portion of the discussion will be considered confidential. If so, both parties will strictly observe confidentiality about the agreed upon discussion.