Resolution US9900-16 GTFF Labor Management Relations
Be it resolved that the University Senate supports the Graduate
Teaching Fellowship Federation's (GTFF) and urges the University Administration
to release information pertaining to membership both contractually and
legally guaranteed by the UO Administration. Be it further resolved that
the University Senate urge the University Administration to take action
to cease distributing ``release of information waivers'' and reestablish
normal labor management relations with the GTFF by releasing this said
membership information.
Explanation:
During recent negotiations with the university, the Graduate Teaching Fellows
Federation (GTFF) became aware of the elimination of a number of GTF positions
within Administrative departments. During negotiations, the GTFF requested
information on the elimination of Administrative GTF positions and information
regarding the status and location of ``training grant" appointments. On
February 23, the GTFF did not receive the requested information, but instead
was given a copy of a form that the University of Oregon negotiation team
wished to add to the letters of agreement between departments and prospective
GTFs. The university negotiating team wished to add language to the contract
and stated that they were advised to withhold information based on their
interpretation of the Family Educational Rights and Privacy Act (FERPA).
On February 24, the policy was unilaterally enforced by the university,
a clear case of bad faith bargaining. The result was the withholding of
all information regarding GTFs until waivers are returned to the graduate
school allowing the release of information to the GTFF.
As of April 17, 2000, the GTFF has only received information on 220
of approximately 1200 GTFs. In addition to the information requests that
have yet to be answered, many GTFs have called and stopped by the GTFF
office to tell us that they have received insurance cancellation notices
despite the fact that there has been no change in their status as GTFs.
Because the GTFF does not have accurate records of current GTFs, the GTFF
cannot be sure that all GTFs eligible for insurance benefits have been
informed of their eligibility. Students are being denied medical coverage
because of the university policy. This sudden change in policy has not
only denied the GTFF information that was critical to the pursuit of negotiations
and in the future, determining violations of the contract, but the change
in policy has created undue hardship and confusion for GTFs.
As a labor union, the GTFF is legally entitled to information regarding
members, or potential members in order to fulfill representative duties.
The actions by the University Administration have denied the GTFF this
right and made it difficult for the GTFF to administer the health insurance
plan and fulfill obligations to GTFF membership. The University Administration
has contractually agreed to provide us with membership lists at specific
intervals and on specific dates. Since March 17, we have not received the
membership lists according to the contract between the GTFF and the University
of Oregon.
The GTFF asks the University Administration to immediately comply with
the contract between the University and the GTFF. Even though no University
has ever faced monetary sanctions for the violations feared because of
26-year old FERPA regulations, University Administrators nevertheless continue
to withhold this said information. However, contractual obligations should
not to be dismissed so easily.
The remedy presented by the University of Oregon officials is to require
each GTF to fill out a release of information waiver. In addition to this
solution's contradiction to labor law and the University's contractual
obligation, the method of dissemination and collection has proven to be
inadequate. Not all GTFs have received copies of the waiver, and many are
under the assumption that the GTFF is distributing them. Also, the GTFF
may require information on graduate students that are not GTFs to ensure
that the contract are not being violated and to collect information on
graduate students who may be excluded from the bargaining unit (graduate
students on training grants for example).
From jgrzybow@gladstone.uoregon.edu
Mon Apr 17 16:58:05 2000
To: Peter Gilkeygilkey@darkwing.uoregon.edu
Subject: GTFF Resolution
Here is the wording, please feel free to contact me if changes areneeded.
Thanks as always, Jereme Grzybowski
The Senate Rules Committee has reported regarding Motion
USS99/00-16 received Wednesday 19 April 2000: The motion is properly phrased
and submitted. There is no procedural errors in its format. This
motion, basically, is a request for GTF membership information from the
Administration. If the information can be released with no violation
of privacy, then there is no fiscal impact. Otherwise, the University is
open to suit from individuals who do not wish this information released.
A judgment from Legal Affairs may be required.
Memo from Melinda W. Grier
grierm@OREGON.UOREGON.EDU
(General Counsel, Office of the President) to Mark Zunich Employee
Relations Manager Office of Human Resources University of Oregon dated
3 April 2000 dealing with Family Educational Rights and Privacy Act
(FERPA) Application to Graduate Teaching Fellows and Collective Bargaining
Agreement Provisions.
Revised report from the Senate Rules Committee relating to the memo
from M. Grier received: Based on the information from the General Counsel
office, it is impossible to approve USS99/00-16 in its current form.
It is not in the power of the Senate to mandate the Univ Admin to enact
a policy that is potentially illegal and in violation of the civil rights
of the students. The process of obtaining waivers, while time consuming
and impeding to the GTFF, is the only proper course of action for the Univ
Admin. The GTFF can assist the Admin by informing the graduate student
population of the need for the waivers. However, it is well within
the rights of the students to decline the wavier.
Although the GTFF correctly points out that the Univ is required under
Article 3, Section 2 of the Collective Bargaining Agreement Provisions
to release GTF directory information, that requirement appears to be in
error. Even though the article exempts the Univ from liability, in
fact, the University liable as has been demonstrated
in numerous court decisions over the past decade. The Collective
Bargaining Agreement cannot simply wipe away the Univ's responsiblity in
this matter.
The Senate President has ruled that US9900-16 as presently stated is
not within the pervue of the UO Senate and thus the motion is not appropriate
for presentation to the UO Senate
Web page spun on 24 April 2000 by Peter
B Gilkey 202 Deady Hall, Department of Mathematics
at the University of Oregon,
Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu
of
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