TO: AAUP BARGAINING UNIT MEMBERS
FROM: ALEX BERNSTEIN, EXECUTIVE DIRECTOR AAUP-UMDNJ
RE: AAUP ACTIONS UPDATE ON FACULTY SALARY REDUCTIONS
DATE: APRIL 27, 2007
FACULTY WORKING TOGETHER = POSITIVE RESULTS
AAUP STANDS FOR PARTNERSHIP
I am writing to update you on the status of the actions AAUP has recently taken in response to the University's efforts to unilaterally reduce faculty salaries and to advise you of the results of these actions.
We have come a long way - but there is still much for us to do together.
For the past two months, AAUP and you have been working together to raise awareness of the University's attempt to reduce your salary under the misguided notion that you are overpaid. We have made great strides together and must continue to focus on both the short-term objective of negotiating over any changes to your terms and conditions of employment (i.e. salary) and the long-term goal of establishing a partnership with the Administration, which provides for faculty participation in a decision-making process that is transparent, fair and equitable. The Administration needs to understand the value you bring to UMDNJ and afford you a REAL opportunity to participate in University governance.
1. PERC grants AAUP's motion to re-open pending PERC claim to include new evidence to establish past practice and violation of past practice.
On March 25, 2007, AAUP requested the Public Employee Relations Commission ("PERC") to re-open a pending case filed in 2005 by AAUP, which challenged the unilateral elimination of a clinical supplement of one faculty member, to include the evidence from all faculty who were recently advised of salary reductions. The issues to be decided at the PERC hearing are (1) what is the past practice with respect to the reduction of clinical supplements and (2) has the University violated the past practice in seeking to reduce faculty clinical supplements. Over the University's MANY objections, on April 23, 2007 PERC's hearing officer rejected all of the University's arguments in favor of re-opening the claim to include this new and overwhelming evidence in support of the AAUP's position that clinical supplements must be negotiated and may not be unilaterally modified. This is a MAJOR initial VICTORY for AAUP and the FACULTY because now faculty members who have been advised of a reduction to their clinical supplement will have the opportunity to testify at a hearing and have their evidence considered in establishing the past practice and in establishing a violation of the past practice.
If you have been notified of a salary reduction or previously agreed to one that you did not know you could object to, it is important that you contact me at 973-972-5875 so that you are fully informed of your rights and options.
2. AAUP files an INJUNCTION to maintain your salary at the STATUS QUO until the PERC Claim is decided on the merits.
On April 24, 2007, AAUP filed an injunction with PERC to prevent the University from unilaterally implementing faculty salary reductions. The purpose of the injunction is to maintain your salary at the STATUS QUO until the PERC claim referenced above is resolved on the merits.
The filing of the injunction would not be possible without your assistance and support. Many faculty members provided essential information that was necessary to establish the basis for the injunction. It is important that we continue to communicate with one another and share pertinent information as this matter progresses.
3. AAUP submits 2 Class Action Grievances to Arbitration.
On April 24, 2007, AAUP submitted the two class action grievances previously filed to arbitration. The purpose of the two CLASS ACTION GRIEVANCES is to protect your salary rights under the contract and to enforce the UMDNJ By-Laws. The grievances will now be decided by an arbitrator, a neutral party charged with the responsibility of interpreting the contract and determining whether the University violated the contract and its own By-laws in seeking to reduce faculty salaries. This too is an important step in the right direction because faculty members will be afforded the opportunity to present evidence to establish the contractual and By-Law violations. Once again, the filing of these 2 Class Action Grievances to Arbitration would not be possible without your assistance and support.
4. Four NJMS Faculty Organizations hold joint meeting with a United Message.
On April 24, 2007, the NJMS Faculty Organization, the UPA, the Medical Staff Organization, and the AAUP held a joint meeting for the purpose of sharing information and communicating a unified message. The message was consistent throughout - that faculty must have a voice and be involved in the decision making process. AAUP will continue to partner with all faculty organizations in developing and implementing a strategy to achieve the short-term objective of negotiating over any changes to your terms and conditions of employment (i.e. salary) and the long-term goal of establishing a partnership with the Administration that provides for faculty participation in a decision-making process that is transparent, fair, and equitable.
FACULTY WORKING TOGETHER = POSITIVE RESULTS
As a result of the actions taken by AAUP and you, the Administration is starting to hear the faculty voice and is opening up lines of communication that previously did not exist. They are becoming more responsive to the issues and questions we are presenting on your behalf. The pressure that has been brought by AAUP and you is starting to work. As a result, the Administration has committed to (1) a labor management meeting with AAUP and faculty representatives and (2) a meeting with Dean Johnson of NJMS and Dean Amenta of RWJMS to initiate the process of sharing information and faculty participation in the decision-making process. I have and will continue to reach out to you to seek your involvement and input for these formative meetings. If you are interested in participating or have any input into the meetings, please contact me.
Notwithstanding the progress we have made together thus far, the time is now to get involved, engaged and active in faculty activities. Understand your rights. Understand the consequences the actions the University is taking on you and the future of UMDNJ. Discuss them with your colleagues. Put simply - GET INVOLVED! Become a FULL-MEMBER of AAUP!
Finally, do not believe for a second that the pressure we have borne on the University will force the University to retreat from unilaterally implementing salary reductions. Even if these reductions do not occur on the dates specified, this issue will not go away. As long as the University continues to employ consultants, such as the BARD Group, the University will continue to seek reductions via all means available unless WE WORK TOGETHER NOW to establish a process by which these issues are negotiated with your input and participation. With a new President arriving in July 2007, the time is NOW to establish the groundwork for this partnership.
I encourage you take a few minutes out of your busy days to speak to with your colleagues and encourage them get involved. Please contact me if you would like me to facilitate a discussion or have a department meeting. These issues are too important!
With your support and assistance, we WILL achieve our objectives.
If you have any questions or need to discuss any issues, you may contact me at 973-972-5875 or bernstein@aaupumdnj.org.