All:

As you know, the Admistrative Law Judge handling the AAUP's alleged unfair labor practice against the University moderated a conference call between the Judge, the University (and Counsel), the AAUP (and Counsel), and the petitioning parties on Tuesday, Nov 22.

The bottom line outcome is that the hearing of the case is scheduled for March 7 and 8 in Lansing.

In the call, the petitioner requested the AAUP drop the blocking charge and allow an election.  The AAUP did not directly answer, but indicated their position that the ULP should be resolved first.  The Judge offered his and MERC's services to assist informal discussions that might resolve the situation prior to the hearing.  The attorneys will be having such discussions, but my perception is that a resolution short of the formal hearing process is unlikely.

As of today then, we are still in a stalemate.  According to MERC rules, we cannot go to the negotiating table while the question concerning representation (the petition for an election) is pending, and we cannot have an election until after the ULP is resolved.  Under best circumstances, with an early March hearing, we should not expect the Judge's recommendations until at least the start of the next academic year in fall, 2006 (its possible a little sooner, but not very probable).  Once the Judge issues his recommendation, any party can take exception and send the case to MERC for disposition.  That could take six months or more, putting us potentially into spring, 2007, and that decision can be appealed to the courts after it is issued.

While all this is underway, we must still continue operating the University.  We will continue following past practices, working under the

business-as-usual guidelines we have been following to date.  If you have questions, please contact Ellen Horsch (eshorsch;  487-1737).

Dave R

David D. Reed

Vice President for Research

Michigan Technological University

1400 Townsend Drive

Houghton, MI  49931