November 20, 2018

AAUP Update: Negotiations and More….

On behalf of the Chapter, I hope you are having a good semester and that your classes, projects, programs, and various other aspects of your job are going well. There is much to say about a variety of very important topics.

  1. Negotiations/The Grievance/Arbitration-Those of you who have attended our most recent full faculty meetings are very aware of the difficult situation we are facing with regards to the FY2019 negotiations and the grievance we filed last fall against the College for its failure to give us our FY2018 negotiated raises. The faculty at these meetings voiced their collective concerns about the about the College’s choice not to implement our FY2018 salary increases and overwhelmingly supported the Executive Committees decision to file a grievance against the Administration and to invoke final and binding arbitration if the grievance was not satisfactorily resolved.

Last September I filed the grievance.  We completed steps one, two, and three of the grievance process, and since the grievance was not satisfactorily resolved, we invoked arbitration at the end of January.  This means that we are willing to take the grievance to final and binding arbitration, as prescribed in the Agreement. The Administration has dragged its feet throughout the process and now has failed to follow even the most basic steps; instead, we were informed by the College’s labor attorney that the Administration is refusing to participate in the arbitration process unless it is compelled to do so by the courts.  Hence, we filed suit against the Administration in Montgomery County Circuit Court.  We are now waiting for the court to set a date for our case to be heard.  Because the courts will be involved in determining whether we will be able to take our grievance to arbitration I need to be very careful about how much I say to all of you.  I don’t want to say anything that will unduly influence our case in the eyes of the court or eventually an arbitrator.

With that in mind, I wanted to make a brief comment about the update on negotiations that was sent to the College community by Mr. Robert Roop, Chief Human Resources Officer.  Our analysis of all known facts requires that we differ with Mr. Roop’s presentation of the basis for the College’s failure to implement our FY2018 salary increases as set forth in the Agreement. He stated, “Due to financial resource constraints, the College was unable to meet the original negotiated salary increase for FY18. These financial constraints are primarily linked to a shortfall in the College’s anticipated funding from the county contribution, state aid, and tuition revenue despite spirited advocacy by the College leadership and faculty representatives.”

What is most important for everyone to understand is that the County did provide the College with sufficient money to fully fund our negotiated raises.  I repeat, the County Council did provide the College with sufficient money to fully fund our negotiated raises.  The fact is, the Administration requested enough money to fully fund our negotiated raises and then after the money was awarded by the County, Management decided not to fully fund our raises.  This was a planned move on the part of the Administration.

With the assistance of the Chapter’s labor attorney, we are prepared to seek to have our Agreement enforced in the face of the Administration’s willful refusal to comply with its obligations. I will keep all of you posted on the progress of our case in court and on the eventual move of our grievance to arbitration.

  1. What can you do? First, all you need to be patient.  Management has been using a variety of tactics to delay the entire grievance process and now that they are compelling us to go to court more delays are inevitable.  Second, show your support of your Executive Committee.  We are your elected representatives in all things salary related. Several administrators have implied that we are a self-serving Executive Committee and that we really don’t represent you, the faculty.  This couldn’t be further from the truth.  We are protecting your contract, our contract, and we need and look forward to your continued support. Third, see #3 below.  Fourth, we need you to support us by attending all of our faculty meetings. It’s at these meetings that you can let your own voice be heard.
  2. Board of Trustees Statement-I will be speaking tonight during the public comment period at the Board of Trustees meeting. The meeting will be held at 8:00pm in the room 108 of the Central Services building.  Please come to the meeting and show your support of the Chapter as I speak on your behalf.  Most importantly, be respectful, and please plan on staying for as much of the meeting as possible.
  3. Public Hearings-Councilman Craig Rice, MCPS Superintendent Jack Smith, and Montgomery College President DeRionne Pollard will host the first of five public education budget meetings. Listed below are the meeting dates and locations for the forums, which are scheduled to last from 6:30-8:30pm.
  • February 28 at Montgomery College, Rockville Campus (Theater Arts Building – 51 Mannakee Street in Rockville);
  • March 7 at John F. Kennedy High School (cafeteria – 1901 Randolph Road in Silver Spring);
  • March 14 at Robert Frost Middle School (cafeteria – 9201 Scott Drive in Rockville);
  • March 19 at White Oak Middle School (cafeteria – 12201 New Hampshire Avenue in Silver Spring).

Last year members of your AAUP Executive Committee attended several of these important hearings and we hope to do the same this year.  We encourage you to take some time out of your day to attend one of these meetings.  These meetings are very informal, each speaker will make a presentation, and members of the audience, including MC faculty, are able to ask questions during a large portion of the meetings.  If you want to hear about how budget decisions are made and the opportunities County residents will have to influence budget decisions, it would be beneficial for you to attend one of these meetings.

If you click on the link below you will be able to read the official press release about these meetings which was issued by Councilmember Craig Rice’s office.

https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Item_ID=21858

 

 

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