Date: Thu, 15 Nov 2007 14:09:03 -0500
From: Ellen Horsch <eshorsch@mtu.edu>
To: Academic Forum <acadforum-l@mtu.edu>
CC: "William J. McKilligan" <wjmckill@mtu.edu>, Ingrid <iecheney@mtu.edu>,
Dale <drtahtin@mtu.edu>, "Daniel D. Greenlee" <ddgreen@mtu.edu>,
"Les P. Cook" <lpcook@mtu.edu>, Lesley Lovett-Doust <lld@mtu.edu>,
T McGrew <smcgrew@mtu.edu>, Cathy Banfield <cmbanfie@mtu.edu>,
Michael Gilles <mgilles@mtu.edu>, Janet Hayden <jkhayden@mtu.edu>
Subject: Faculty Union Update November 15, 2007
Good Afternoon,
Since the last update regarding the Faculty Union, the University
offered on November 8, 2007, a Memo of Understanding (MOU) to the Union
which allows the AAUP-Represented Faculty to receive the 2008 benefit
package being offered to other Michigan Tech employees. See attached.
Such an understanding is necessary if the AAUP- Represented Faculty are
to have the same benefit options as all other participating employees.
This participation also will be consistent with the Interim Benefits
proposal that we offered to the Union in September. If the Union prefers
that faculty not be able to participate under the new package available
to other employees to instead retain the status quo for benefits during
this period, then no special understanding, such as the MOU, is necessary.
Tuesday, November 13, Dr. Cooper responded to the MOU offer. In her
attached reply (also immmediately below), she stated “We cannot sign the memorandum of
understanding regarding interim benefits, nor can we choose to remain
with the status quo on benefits, until the question concerning
representation raised by the filing of the decertification petition on
October 31 is addressed.”
I’m quite puzzled by her statement that the Union cannot agree to the
MOU while at the same time stating that they cannot agree to the status
quo. Absent the Union's indication that they will not object to the
University offering AAUP- Represented Faculty the same University-wide
package offered everyone else, and agreement that they will not file an
unfair labor practice charge if we were to give faculty that option, the
status quo package for the AAUP-Represented Faculty is the only
alternative legally available. Even though the MOU was emailed to the
Union while bargaining was still ongoing, its concept still applies as a
way to change the status quo even after being notified of the
decertification petition.
We won't change the status quo if it leads to more litigation. The
University is not asking the AAUP to agree to the new fringe package at
this time. Instead, we are trying to establish that, if the new package,
instead of the status quo package, is made available to AAUP-Represented
Faculty, the AAUP will not object. The University does not believe that
the law restricts the AAUP from informing us that they will not litigate
that change down the road.
The University is prepared to continue with the status quo package for
AAUP-Represented Faculty as legally required. We are also prepared to
instead offer AAUP-Represented Faculty the new package if we have an
understanding with the AAUP that they will not challenge that action. In
our view, that understanding is not barred by the decertification
petition. *To be clear, AAUP-Represented Faculty benefits will remain
status quo unless the Union reconsiders the MOU.** *
Regarding Fact Finding, the Michigan Employment Relations Commission,
through their Bureau Director, responded to the Motion to Dismiss the
Petition for Fact Finding filed by the University and the AAUP earlier
this week. See attached. The Commission denied the Motion. However,
since there is a question concerning representation, the Commission will
hold the Fact Finding in abeyance while the election petition is pending.
Since the University-wide benefits plans have been restructured for
2008, I urge you to attend one of the forums presented by Ingrid Cheney,
Director of Benefits. I also hope you encourage the faculty and staff in
your department to attend as well. As a reminder, below are the times,
dates, and locations of the forums that were posted in Tech Today:
*Monday, Nov. 19*
10 a.m.-noon
2-4 p.m.
Memorial Union Ballroom A
*Tuesday, Nov. 27*
10 a.m.-noon
Memorial Union Ballroom B
*Wednesday, Nov. 28*
10 a.m.-noon
Memorial Union Ballroom A
*Monday, Dec. 3*
2-4 p.m.
Memorial Union Peninsula Room A
*Wednesday, Dec. 5*
10 a.m.-noon
Memorial Union Ballroom A
*Friday, Dec. 7*
10 a.m.-noon
Memorial Union Red Metal Room 105
As always, please feel free to contact me if you have any questions.
Ellen
--
Ellen S. Horsch
Vice President for Administration
Michigan Technological University
Houghton, MI 49931
Phone: 906-487-1737
Cell 906-369-1737
********************************************************
Date: Tue, 13 Nov 2007 22:00:39 -0500 (EST)
Subject: Re: Memo of Understanding Consideration
From: "Marilyn M. Cooper" <mmcooper@mtu.edu>
To: "Gina Sayen" <gmsayen@mtu.edu>
Cc: "David Chesney" <djchesne@mtu.edu>, boonin@butzel.com,
"Ellen Horsch" <eshorsch@mtu.edu>, gordon@unionlaw.net
Ellen,
We can not sign the memorandum of understanding regarding interim
benefits, nor can we choose to remain with the status quo on benefits,
until the question concerning representation raised by the filing of the
decertification petition on October 31 is addressed.
As you know, Michigan labor law precludes negotiations after the filing of
a decertification petition, and agreements signed after the docketing date
of the petition are invalid, as the petition is controlling. So,
unfortunately, the timing of the decertification petition absolutely
precludes us from responding at all on this or any other issue of
collective bargaining.
If you have any questions, please feel free to contact me.
--
Marilyn M. Cooper
President, Michigan Tech Chapter of the AAUP