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Ballot to vote on the tentative agreement Sept 2015 – Aug 2017

Here’s the ballot to vote on  the agreement we have tentatively agreed upon with the Administration.

Tentative Agreement Sept 2015 – Aug 2017

The Executive Committee and the Administration have reached a tentative agreement for the Sept 2015 – Aug 2017 contract.  Please take a look at it since we will be voting on it soon: Tentative_Agreement.

The Faculty Voice: Vol. 1, No. 2

Here’s the second edition of  The Faculty Voice – Vol 1 No 2 – Nov-Dec 2014, with an interview with Sr Nancy Kaczmarek, GNSH.  Please contact me at basile@aaupfree.net if you’d like to contribute to our next edition.

The Faculty Voice: our “paper” news letter.

We just launched The Faculty Voice.  Its our paper news letter.  Here it is: The Faculty Voice – Vol 1 No 1 – Sept-Oct 2014 – Final Version    If you want to contribute (anonymously or not) let us know!

The tentative proposal by the Administration

So the following is the official proposal on the table.  It is a tentative agreement because the administraiton and the executive board of the union have okayed it, but it has yet to be ratified by a vote of the Board of Trustees on their side, and a vote by the body on our side.  Give it a read: Tentative_Agreement-05-20-2014

People, not Bricks and Mortar

The mission of D’Youville College is people … St Marguerite did not stretch out her hands to Bricks and Mortar but to People in need.  Help us remind the Administration that D’Youville is about people and not the new athletics field or building.  Print the following sign and pin it up on your door as a reminder to the Administration … bricks and mortar

Negotiation updates

Here is the administrations 08-22-2013 proposal.

Intellectual Property

Article XX of the union contract governs the issue of intellectual property rights.  You may be glad to know that it is a very strong statement in our favor and that we bascially retain full ownership of our property!  Let me spell out the details.

So what exactly is intellectual property?  Quoting the contract, it includes “any intellectual property that can be trademarked, copyrighted or patented.”  So, for example, if a professor in pharmacy discovers a new drug, this drug is patenable and would fall under the category of intellectual property.  If you wrtie a book, it carries your copyright and again falls under this category.  If a buisiness professor markets a product, any logos associated with those goods are trademarkedable and so again fall under this category.

The contract spells out a long non-exahustive list of examples.  Here are some of my favorites:

  • Literary, musical, dramatic, choreographic works and pantomimes
  • Books, tests, articles, monographs, glossaries, bibliographies
  • Study guides, laboratory manuals, syllabi, tests and work papers, lectures
  • Computer programs
  • Inventions or discoverie
  • Any word, name, symbol or devise or combination used to identify his/her goods

So just what rights do we over this material.  Well bascially everything.  Unless the college specifically contracts with you to make some intellectual material for their use, it is yours.  They, of course, have the right to purchase it from you, but otherwise, its yours!  For example, if you have some course material up on moodle.dyc.edu, you can do with it what you want, like you can remove it and not allow the College or anyone else to use it.

The contract does specify that it is your obligation to act to protect your rights.  This statement strikes me as redundant since, when is it not up to us to defend our rights?  The union exec committee is always looking out for you, but no one can do as good a job of that as you.

The first three articles of the contract.

The first three articles of the contract are straight forward and define the barganing unit, the management, their respective rights and our common goal as an institution of higher education.  They are important for delineating the landsacape of the college from a labor perspective.

 

ARTICLE I – PREAMBLE

The first article begins on an friendly note that all parties can agree to: “mutual benefits are to be derived from continual improvement in the position of the College as an institution of higher learning.”   But to be an instiution of higher learning means that the facutly must be allowed to conduct research and publish freely, without fear of censorship from the institution.  No one can tell you what to research, and no one can keep you from disseminating your results, no matter how uncomfortable they may be for  the institution or for anyone else.  “Academic freedom” is a right you enjoy as facutly.  This freedom extends to the classroom when discussing your subject matter.  The contract does caution against introducing controversial issue not related to the subject — stress here on the words not releated!  I don’t know about you, but I can find cogent relationships with practically every issue and my subject matter!  Finally, make every effort to ensure that when you speak publicly you are clear you are speaking for yourself and not for the institution.  You are then guaranteed to be free “from institutional censorship or discipline.”

So the preamble more or less defines academic freedom as understood within the context of labor relations at D’Youville.

 

ARTICLE II – RECOGNITION and DESCRIPTION OF BARGAINING UNIT

Our union is known as the “D’Youville College Chapter, American Association of University Professors” and we are certified by the National Labor Relations Board as sole and exclusive negotiating representative of the faculty of D’Youville College.  In other words, we are legally the labor union for the entire facutly and we negotiate on your behalf.  The faculty here is

All full-time faculty of D’Youville College, including professional librarians, department chairpersons and members of the Order of Grey Nuns but excluding part-time faculty, administrative employees, head librarian, guards and supervisors as defined in the Act and excluding all other employees.

The Act here refers to the National Labor Relations Act.   Unfortunately, this does means we do not represent adjuncts whcih are part-time.  Full-time facutly teach at least 12 credit hours.

 

ARTICLE III – MANAGEMENT RIGHTS

The contract recognizes the rights of management.  Within the limits of what is specified later in the contract, management has the right to:

  • determine the mission
  • determine college policy
  • determine the facilities, methods, means and number of personnel to conduct business
  • recruit, hire, assess, promote, and (re)assign faculty
  • direct and deploy the work force to establish specifications for each class of positions
  • (re)classify and (re)allocate new or existing positions
  • discontinue temporarily or permanently any part of its business
  • lay off, terminate, or  discipline the facutly for just cause

Of course, these powers are limited by the remainder of the contract.  But, in so far as the contract is silent on some power, the management may excercise any of the above rights.  It behoves you to read through the remainder of the contract and think about how you would like the above limited.  If you tell use, we will negotiated it!

 

 

 

 

So, just what does the contract cover?

The relationship between D’Youville College’s management and D’Youville College’s faculty is governed by a contract which is legally recognized.  This contract covers many aspects of a faculty’s life at D’Youville and everyone should have some understanding of what’s in our contract.  I know the details are boring, and personally, I think 9th century Byzantine law is more exciting, but sooner or later, those details will become important to you, whether you are tenure track,  clinical, or a full professor.

So what precisely is in the contract?  I’m asking myself that very question so, I’m going to work through the contract line by line, detail by detail, and blog about the most important stuff.  This isn’t meant to be a substitution to the contract, but a commentary on it.  When I get too bored, I’ll  take a break and entertain myself with some Byzantine law 🙂

After a brief, but important, Preamble and a description of the Bargaining unit, the contract begins by delineating the rights of management, the procedure by which we may grieve management (and there are different types of grievances), and  a promise by both sides to neither lock out nor strike.  The later is important because it means that neither side will resort to tactics that bring College service to a halt.  Probably a good thing since there are also the students in the mix.

The contract then goes on to describe the procedure by which faculty are initially appointed, subsequently reviewed, renewed and hopefully tenured, for those on tenure track.  The institutions dedication to faculty development and a recognition of our right to have input into the budget via our department chair are made explicit.

As academic, I am preaching to the choir when I say that  tenure is a  good thing.  That sense of acceptance and recognition within our local body of scholars brings with it a care for the College like no other modern institution.  But there are cases where even a tenured faculty might be let go, such as gross neglect of duty or misconduct.  And since D’Youville does embody a “business” dimension, there is also the possibility of retrenchment in hard economic times, although, to my knowledge, this has never been invoked.  The rules governing this are also covered in the contract.

D’Youville College is an eclectic group of scholars and professionals, so the contract defines different categories of employment such as clinical facutly and librarians.  Chairpersons of departments are faculty members which are recommended by their fellow faculty and appointed by the administration.  They are given release time  to do the work required to organize and lead their departments.   Even newer faculty should be interested in this section because the chair is often the first person of contact if an issue arises.

Of course, the contract covers salaries, fringe benefits, retirement, overloads and summer teaching.  There are then some miscellanea that are not so trivial, such as our Intellectual Property rights.  In this digital age, where the exchange of information is as easy as a click, you’ll be glad to know that you own all the intellectual property that you produce here at D’Youville.

That’s about it.  In subsequent blog postings, I’ll elaborate on the above.  Again, just keep in mind what I’m doing here.  I’m working through the contract myself and sharing with you my interpretation.  You should read the contract yourself and feel free to comment!

By the way, my comments about Byzantine law being exciting.  Yeah.  Well, that was sarcasm.  In case you didn’t notice. 😛