All:

I thought I would send an update on the faculty union situation as we approach the hearing for the unfair labor practice charge on March 7-8 in Lansing.

As you recall, the union filed an unfair labor practice charge against the university.  Subsequently, there was a decertification petition filed and the union has chosen to label this as a 'blocking charge', meaning that a decertification election cannot be held until the ULP is resolved.  Also, since by MERC we cannot negotiate with the union while there is a question concerning representation, the situation is in limbo until the ULP hearing process works itself out.

The AAUP recently updated their website with the following:  "On Nov. 9th, 2005 Ruthanne Okun, Bureau Director of MERC ruled that the election for decertification should be blocked until Judge Peltz decides on the unfair labor practice charge because if proven correct then it may affect the results of decertification election. "

Please note that this is not completely correct.  The MERC Director's ruling merely confirms that the ULP is a blocking charge and that an election cannot be held until the ULP is resolved.  The administrative law judge will decide whether there is validity to the blocking charge.  Also, please remember that the union can remove the blocking charge at any time, which would allow an election to be held and break the current logjam.

Also, on March 13th Dan Julius, Provost and Vice President for Academic Affairs at Benedictine University in Illinois will return to MTU and lead a day-long seminar for department chairs and school/college deans. The topics he hopes to cover include:  performance review and evaluation of faculty, addressing the "non performer", preparation for the promotion and tenure process, appeals of non reappointment, and like matters. The seminar will be interactive and utilize a case study and best practices approach. If anyone has questions on these subject matters you would like Dr. Julius to discuss and include in the presentation, please address them to me and I will forward them to Dan. Questions should be written and, if appropriate, policies in question should be identified.  However, personal information (names of particular staff or faculty) should not be included. In order for your particular question or issues to be included, I will need them no later than February 1.

As always, please remember that this note should not be forwarded to your faculty.  You can use this information in discussions with faculty if asked about the current situation.

Dave R

David D. Reed
Vice President for Research
Michigan Technological University
1400 Townsend Drive
Houghton, MI  49931
Ph. 906 487-3043