Fall 2018 academic-year faculty return date: August 29

Letter to the faculty from WMU-AAUP President Lisa Minnick |
August 13, 2018 |

Dear colleagues:

We are receiving reports that some chairs and other administrators have been informing academic-year (AY) faculty (erroneously) that they are required to report back to work for the new academic year on August 15, 2018.

That is not accurate.

For the 2018-19 academic year, AY faculty are not required to report before August 29.

If you are just interested in getting the correct date and don’t want to get into the minutiae of contract language, you can stop right here. Have a great day!

For those interested in the contractual justification for this statement, please read on. If you serve on the WMU-AAUP Executive Committee or Association Council, please read on and please share this information with your chair or director (and dean if necessary). 

The WMU/WMU-AAUP Agreement is explicit on this topic: Article 38 states the return date for faculty on AY appointments as the first day of classes. For Fall 2018, the first day of classes is August 29.

The relevant language appears across several sections of Article 38, including the definition of “academic year” in 38.§4.1 (emphasis added):

38.§4.1 Academic Year. Bargaining unit faculty members on academic or alternate academic year appointments shall not be required to work during the following University recognized holidays and breaks: two (2) days at Thanksgiving; single days for Christmas Eve; Christmas Day; New Year’s Eve; New Year’s Day; Dr. Martin Luther King, Jr. Day; Memorial Day; Independence Day; Labor Day; and a designated Western Spirit Day (none of these days shall be a Saturday or a Sunday); nor during periods between semesters and sessions when classes are not scheduled to meet, except in the limited circumstances envisioned in 38.§2 of this Agreement.

Additionally, 38.§2 uses the term “outside the calendar” for periods of time when AY faculty “shall not be required to work” per 38.§4.1. It explicitly defines the following periods of time as “outside the calendar”: “before the fall semester begins, between the fall and spring semesters, and after the spring semester ends.”

Appendix D of the Agreement articulates the specific dates for each year of the contract (2017-20) for all periods of time referenced in Article 38, including all university holidays, breaks, and other important dates. Excerpts from that calendar are listed below:

  • August 29 Wednesday – Classes begin at 8 a.m.
  • September 3 Monday – Labor Day recess
  • October 17-19 Wed.-Fri. – Fall Break
  • November 21 Wednesday – Thanksgiving recess (noon)
  • November 26 Monday – Classes resume
  • December 10-13 – Final examination week
  • December 15 Saturday – Semester ends – commencement

There are a few exceptions. Article 38.§2 provides for limited exceptions for matters that legitimately require attention at times that are contractually “outside the calendar.” However, these provisions may be used only in accordance with the constraints outlined in that section. A general early-return requirement does not meet the contractual criteria.

Please note also that pay period dates set by the payroll office have no bearing on the contractual work dates for AY faculty. Pay period dates are set by the payroll office to ensure that faculty are paid on the 5th and 20th of each month, per the twice-monthly pay schedule established in 2015, beginning with the first AY pay date of September 5. To honor the September 5 pay date, the first pay period of the 2018-19 AY begins on August 15.

However, some administrators may be using the pay-period start date to try to compel faculty to return on August 15. This is an error on their part.

The date that a pay period starts (or ends) has no relation to the academic calendar as defined in the contract nor to our contractual obligations, except to ensure our timely paychecks in relation to the academic calendar. The payroll office has simply set up its schedule so that we can be paid on time (which we all appreciate). But that is the extent of it.

The administration is required to follow the legally binding contract language regarding the academic calendar, period. For the 2018-19 academic year, faculty are not required to report prior to August 29, 2018.

We are assuming that once your chairs and directors (and deans) are informed about the contractual start date, any claims of an August 15 start date, or other early start date, will be retracted in order to avoid a violation of the contract.

Please contact the WMU-AAUP Chapter immediately if you are an AY faculty member who is being instructed to report earlier than August 29.

In solidarity,
Lisa

Lisa C. Minnick
President, WMU-AAUP
Associate Professor of English
and Gender & Women’s Studies
Western Michigan University
814 Oakland Drive
Kalamazoo, Michigan 49008
(269) 345-0151

 

 

Contract Negotiations and “Work to Rule,” by Allison Hart-Young

From: Allison Hart-Young |
Sent: Tuesday, September 5, 2017 2:18 p.m. |
To: Regena Nelson, Chair, Department of Teaching, Learning, and Educational Studies
Cc: Ming Li, Dean, College of Education and Human Development I
Cc: Susan Stapleton, Interim Provost and VP for Academic Affairs |
Subject: Work to Rule Labor Action |

Dear Regena,

I am writing to inform you that I will be among the tenured faculty members who will participate fully in the WMU AAUP’s “work to rule” action scheduled for Wednesday, 6 September 2017 beginning at 12:01am, should a tentative agreement is not met in the final round of negotiations prior to the expiration of the current contract.

I will absolutely continue to fulfill all of my contractually mandated responsibilities. As you are well aware, my commitment to students is my primary concern. Thus, I will be mindful of my teaching duties so that students will not be impacted by my participation in the action. As I understand it, “work to rule” is not a strike, stoppage, or slow down. It is a legal action that helps to convey the idea that WMU expects its faculty (and other employees) to do significant uncompensated work on a regular basis. It is particularly concerning because this institution has expressly denied its responsibility to fairness and equity for its employees. As a tenured, full professor, I feel it critically important to shoulder this burden so that my untenured and part-time colleagues, as well as staff members, do not have to compensate for this action.

I have taught at WMU for 21 years. It is my home and I have committed my entire professional life to this institution and its students. As you know, I have served over 4,200 students in my career – I care very much for these students and the programs that serve them. In this regard, I feel that the best way I can advocate for the continued success of this institution is to stand with my colleagues across campus in solidarity with this action.

Please let me know if you have any concerns. I will be more than happy to discuss them with you.

Sincerely,
Allison Hart-Young, Ph.D.

Secondary Education Program Unit Coordinator
Teaching, Learning, and Educational Studies
College of Education and Human Development
Western Michigan University
4121 Sangren Hall
1903 W Michigan Ave.
Kalamazoo, MI 49008

 

 

Work to Rule Labor Action, by Gwen Athene Tarbox

From: Gwen Athene Tarbox |
Sent: Tuesday, September 5, 2017 10:41 a.m. |
To: Nicolas Witschi, Chair, Department of English |
Cc: Carla Korestsky, Dean, College of Arts and Sciences I
Cc: Susan Stapleton, Interim Provost and VP for Academic Affairs |
Subject: Work to Rule Labor Action |

Dear Nic:

The Agreement between the WMU-AAUP and the WMU administration is set to expire at tonight at midnight. If the teams are unable to arrive at a tentative agreement, I will follow the directive of the WMU-AAUP Executive Committee by participating in a legal labor action called “work to rule,” withdrawing “from all work outside our contract and letters of appointment, effective at 12:01 a.m. on Wednesday, September 6, 2017” (“Sept 6 Work to Rule Notice to WMU-AAUP Faculty,” WMU-AAUP Blog, 8/31/17). Work to rule actions include all voluntary labor that a faculty member provides to the institution. As Dr. Lisa Minnick, President of the WMU-AAUP points out, without the uncompensated labor of the faculty, “it would be impossible for the institution to honor its commitments and its mission.” Work to rule is designed to demonstrate the value of the faculty to the institution.

As you know, over the years, I have provided significant uncompensated labor to the Department of English. For instance, I have worked with many students over the summers, even though I serve on a 9-month appointment. This voluntary labor has helped ensure that our PhD students complete their degrees in a timely manner and enjoy success on the academic job market, earning tenure track positions at California State University-Northridge, Shippensburg University, West Chester University, and the University of Texas-Dallas, among others. I have also met in the summer to help undergraduates with their successful applications to graduate programs at institutions such as Harvard University, the University of Michigan, The Ohio State University, and Syracuse University.

Just as I have willingly undertaken uncompensated labor to help my students, I also appreciate the importance of honoring my commitments to my faculty colleagues in our efforts to receive a fair contract. Currently, WMU faculty members earn lower salaries than faculty members at many of the schools included on WMU’s Peer Institution list. WMU faculty members deserve respect for our contractual labor, not to mention our uncompensated labor. Hopefully, this legal, peaceful work to rule action will underscore our positive contributions to the institution.

Of course, I will be actively teaching this week and starting on the administrative tasks that we agreed I would handle as part of my contractual workload, and I will make sure that my undergraduate students and my doctoral advisees continue to receive timely instruction and advice. I am proud to be a part of our department and our college, and I know that we are at the beginning of what will be a productive and engaging academic year. I am also proud to be a member of our union, and I am optimistic that we will have a mutually beneficial contract in place soon.

Please do not hesitate to contact me should you have any questions regarding the work to rule process. I have attached a paper copy of this letter, with my electronic signature, as well.

Best wishes,
Gwen

Dr. Gwen Athene Tarbox
Professor
Department of English
Western Michigan University
1903 W. Michigan Ave.
Kalamazoo, MI 49008-5331

Website: http://gatarbox.wixsite.com/home

Work to Rule statement, by Chris Nagle

From: Christopher Nagle |
Sent: Tuesday, September 5, 2017 8:12 a.m. |
To: Nicolas Witschi, Chair, Department of English |
Cc: Carla Korestsky, Dean, College of Arts and Sciences I
Cc: Susan Stapleton, Interim Provost and VP for Academic Affairs |
Subject: Work to Rule statement |

Dear Nic,

I write this letter to inform you that I will be one of those tenured faculty members who will participate fully in the WMU AAUP’s “work to rule” action, beginning on Wed., 9/6/17 at 12:01am, if a tentative agreement is not met in the final round of negotiations prior to the expiration of our current contract.

I hasten to add that I will continue to fulfill all of my contractually mandated responsibilities, and will be especially mindful of my duties to my students, who should not be impacted by this commitment. My understanding is that “work to rule” is completely different from a strike, stoppage, or slowdown, and that it is legal, permissible, and in my judgment, ethically necessary in an environment where an institution such as WMU continues to expect its employees to do significant uncompensated work on a regular basis–especially when that institution expressly denies its responsibility to fairness and equity for its employees. It seems equally vital to me that untenured and part-time colleagues, as well as staff members, are not asked to shoulder an additional burden to compensate for this action.

I love and respect this school and have committed the entirety of my postgraduate professional life to it. I believe the best way that I can continue to show my support for its success, both at present and into the future, is to stand with my colleagues across campus in solidarity with this action.

Please let me know if you have any concerns, and I certainly will do my best to address them.

Respectfully,
Chris

~~~~~~~~~~~~~~~~~~~~~~~~~
Christopher C. Nagle
Associate Professor of English
and Gender & Women’s Studies
Western Michigan University
Kalamazoo, MI 49008-5331
p: (269)387-2591
f: (269)387-2562
e: christopher.nagle@wmich.edu
w: http://www.christophernagle.com
Pronouns: he/him/his

 

LABOR ACTION: Sept 6 Work to Rule notice to WMU-AAUP faculty

Letter from WMU-AAUP President Lisa Minnick

August 31, 2017

Dear colleagues:

With the 2014-17 Agreement between the WMU-AAUP and the WMU Board of Trustees set to expire at midnight on Tuesday, September 5, we remain optimistic that our bargaining team and the administration’s team will reach a tentative agreement (TA) by the deadline.

However, we need to be prepared in the event that the two sides do not reach a TA by midnight on Tuesday.

This message serves as notice to the faculty that if the two teams do not come to a tentative agreement by the deadline, the WMU-AAUP Executive Committee requests that all bargaining-unit faculty be prepared to participate in a “work to rule” labor action and withdraw from all work outside our contract and letters of appointment, effective at 12:01 a.m. on Wednesday, September 6, 2017.

The teams have been at the table for more than five months now, and our team has worked tirelessly to bring us a fair contract and to complete negotiations in a timely way, even agreeing to start bargaining on the Monday after spring break, which is considerably earlier than usual. If the two teams do not reach a tentative agreement by midnight on September 5, the unresolved issues will be compensation and healthcare.

Faculty salaries at WMU remain below those of our those of our colleagues at peer institutions, while the costs to us for health insurance have increased sharply in recent years for faculty as well as staff. If the administration’s team gets its way, many faculty and staff colleagues will experience significant economic hardship. Some already do as a result of previous insurance premium spikes. Meanwhile, senior administrators prosper, enjoying large salaries, perks, and in some cases even substantial cash bonuses. As a percentage of salary, their insurance premiums, which in dollars are the same as ours, are surely far more manageable. This institutionalized inequity is unacceptable. We do understand the budget and finance challenges facing the institution. But we also know that every institution has choices about how to invest its resources. And we disagree with an administration whose priorities have gone far adrift from our collective academic mission. [1]

As is well known on campus, all WMU faculty (and staff) perform a massive amount of work beyond what we are hired and paid to do. The institution is heavily dependent on these goodwill donations of labor.

In “working to rule,” we demonstrate to the administration, Board of Trustees, campus community, and the public that the faculty and staff of Western Michigan University are its heart, its soul, and its conscience; that we are dedicated to this institution and especially to its students; that it would be impossible for the institution to honor its commitments and its mission without our goodwill donations of labor; that the value of our uncompensated work saves the university far more than it would cost to compensate all of us fairly; and that we are aware of our value to WMU and demand that our contributions and those of our staff colleagues be respected and appropriately compensated.

A “work to rule” labor action is not a strike. Nor is it a work slowdown or stoppage. It is simply a demonstration that we are fully aware of the extent to which our institution not only benefits from but cannot do without the uncompensated work we and our staff colleagues regularly perform. “Work to rule” is a lawful, peaceful labor action. We will continue to comply fully with the contract.

“Work to rule” actions can take different forms and vary widely across industries, institutions, and professions. For us, “work to rule” means that we would continue to do the work we are hired and paid to do (the “rule” is our union contract along with our letters of appointment) but that we would do only that work. We would suspend – immediately and indefinitely – the extensive volunteer work that we donate to the institution.

While by law the WMU-AAUP can bargain only on behalf of the 900 members of the Board-appointed faculty, it is well known on campus that most of WMU’s other employee groups also receive many of the benefits we win at the table and endure the same cuts that are imposed on us.

We will act, then, if a TA is not reached by midnight Tuesday, not only on behalf of the 900 members of our WMU-AAUP bargaining unit but also in solidarity with our staff colleagues, many of whom are not protected by unions and none of whom outside of our unit are protected by tenure.

Click here to learn more about what a work-to-rule action might look like at WMU, including why we believe that the possible impacts on our students will be minimal if any, the kinds of work this type of action is likely to involve, and how tenured faculty can help to protect pre-tenure and term-appointed colleagues during a work-to-rule action (or any other labor action).

Finally, I include here a reminder that all bargaining-unit members should plan to join us for a special chapter meeting on Tuesday, September 5 (3:30-4:30pm in 157 Bernhard) to discuss the status of our contract negotiations and the logistics of a work-to-rule action should the two sides not reach a TA by midnight on the 5th. After the meeting, we hope to see you at Montague House for the WMU-AAUP Fall BBQ (5-7pm), where we will rally for our team at 6:20pm and accompany them across the street to Walwood Hall as they head back to the table for their final scheduled bargaining session before the midnight deadline. (More details about these events are available here.)

If we do not have a contract by midnight on September 5, expect a call from the chapter leadership for all WMU-AAUP bargaining-unit members to withdraw immediately from all the voluntary yet essential work that we regularly perform beyond our full contractual workloads.

Many thanks to all of you for standing with our team throughout this long and grueling negotiation cycle. Your energy, smarts, collegiality, generosity, humor, and dedication to Western Michigan University and especially to our students are inspiring and remind us every day of why what we are fighting for is so important.

Thank you also in advance for bearing with us for a little longer, staying strong until we have a fair contract, and being prepared to work to rule if the teams do not reach a tentative agreement by midnight on Tuesday.

See you on September 5!

#StrengthInSolidarity
#WMUAAUP2017

In solidarity,
Lisa

Lisa C. Minnick
President, WMU-AAUP
Associate Professor of English
and Gender & Women’s Studies
Western Michigan University
814 Oakland Drive
Kalamazoo, Michigan 49008
(269) 345-0151

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Note:

[1] The linked documents are extracts from an analysis by Dr. Howard Bunsis, Professor of Accounting at Eastern Michigan University and immediate past chair of the national AAUP Collective Bargaining Congress. Howard’s full analysis is linked here.

 

FAQs: What is “work to rule”?

What is a “work to rule” labor action?

If the two bargaining teams do not reach a tentative agreement by midnight on September 5, 2017, all WMU-AAUP faculty will be called on to withdraw immediately from all work outside our contract and letters of appointment, effective at 12:01 a.m. on Wednesday, September 6.

“Work to rule” means that we will continue to do what we are hired and paid to do – the “rule” is our union contract along with our letters of appointment – but that we would suspend – immediately and indefinitely – the extensive volunteer work that we donate to the institution. We will continue to comply fully with the contract.

A “work to rule” labor action is not a strike. Nor is it a work slowdown or stoppage. It is simply a demonstration that we are fully aware of the extent to which our institution not only benefits from but cannot do without the uncompensated work we and our staff colleagues regularly perform. “Work to rule” is a lawful, peaceful labor action.

What kinds of work is this type of action likely to involve?

All faculty members can list examples of extra work they perform, a lot of it routinely and some for limited periods of time. Since faculty disciplines as well as department and college cultures can vary so widely across WMU, you may be asked or expected to participate in uncompensated overload work activities that colleagues in other departments or colleges have never been asked to do, and vice versa. This makes it difficult to provide examples that will apply to everyone, although the list below is probably general enough to give you an idea of what this kind of work can look like. From there, you can identify a list that applies to you individually along with other examples that may be characteristic of (and possibly unique to) your department and/or college.

Some general examples of the kinds of work many faculty members have been expected to perform (and that most if not all of us do perform) and that are therefore appropriate to suspend under a “work to rule” action include the following:

  • We will not respond to emails, phone calls, text messages or other communications from our chairs, deans, or other administrators outside regular business hours, despite expectations from some that faculty are or should be available and responsive at all hours of every day. For many of us, these communications are excessive, intrusive, and burdensome, and the pressure to respond immediately has become a significant factor in work-related stress.
  • We will not volunteer to serve on committees or otherwise provide professional service to the institution in excess of our contractually agreed-upon workloads.
  • We will not participate in fundraising, marketing, recruiting, strategic planning, or accreditation activities on behalf of the institution, nor in any other administrative initiatives, when these tasks would exceed our full contractually agreed-upon workloads.
  • Any and all work that constitutes overload but is not compensated, even if it is work that would be acceptable as part of a contractual workload, will be suspended under work-to-rule.

How would a “work to rule” action impact our students?

We expect that the impact on students would be minimal. Here’s why:

While much of the uncompensated work of faculty (as well as staff) is performed for the direct benefit of our students, we understand and appreciate that most faculty and staff would never withdraw from work that serves students directly, including under a work-to-rule action.

However, it is disappointing that instead of honoring our dedication to our students, many members of the administration have come to expect and some may even feel entitled to the generous contributions of faculty (and staff) time, energy, and labor, including the extensive and often difficult emotional labor, that go far beyond what we are hired and paid to do but that many of us perform regularly in the course of our service to our students. We recognize that much of this labor results from insufficient support systems and resources to meet the needs of our students and to support the work of faculty and staff and call on the administration to do better at prioritizing these needs.

However, we are also asked or expected to perform many uncompensated tasks for which our withdrawal will have minimal or zero impacts on students, and it is these activities we call on all members of the WMU-AAUP bargaining unit to withdraw from if a tentative agreement is not reached by the deadline.

Is it safe for pre-tenure and term-appointed faculty to participate in a work-to-rule action? How can tenured faculty help to protect those who don’t have tenure?

It is important to emphasize again that “work to rule” is a lawful labor action. It is not a strike, not a work slowdown, and not a work stoppage.

However, we can appreciate the possible apprehension of colleagues who are not protected by tenure. And while we believe that the more faculty who participate in any labor action, the safer all of our colleagues will be, regardless of tenure status, we understand that term-appointed faculty may feel especially vulnerable to nonrenewal as a consequence of their participation. We condemn any kind of retaliation against those who would participate in lawful, peaceful labor actions and wish our colleagues did not feel that they should have to fear for their jobs. The job insecurity experienced by term-appointed faculty (as well as our part-time faculty colleagues) is ultimately as unhealthy for the institution as it is for these individuals.

For those of us who enjoy the protection of tenure, it is critically important that we join together to protect our pre-tenure and term-appointed colleagues. We will need to make sure these colleagues remain free from unreasonable and noncontractual additions to their workloads during our work-to-rule action, should we have to engage in one. We will also need to protect from retaliation those who participate in the action. We remind everyone that the first would be a violation of Article 42 our contract, while the second would be illegal. The WMU-AAUP Chapter will actively pursue all available remedies should any such violations occur against any of our bargaining-unit members.

Finally, if you are tenured, in the event that we do end up having to implement work-to-rule because the two teams do not reach a TA by the deadline, please be prepared to inform your chair or director, dean, and the interim provost on Wednesday, September 6, of what you are doing and why. Please also draw their attention to the importance of not burdening untenured colleagues, staff, or part-time faculty with extra work to try to compensate for our labor action. And please emphasize to them the importance of not risking the appearance of retaliation (or actual retaliation) against untenured colleagues or any other faculty who participate in this or any other lawful labor actions. Note: There is of course no need to be confrontational in these contacts. Our objective is simply to educate and inform.

Got more questions? Call us at 345-0151, drop us an email, or just comment below.

Click here for WMU-AAUP President Lisa Minnick’s August 31 work-to-rule letter to the faculty. 

Quick negotiation update and 6/23 happy hour invitation

Our WMU-AAUP bargaining team has been focused these past few weeks on the critical issues of workload and overall compensation, including salary and health care. While the work is arduous and movement on these contentious issues can be slow at times, our team is slowly but steadily making progress toward securing a strong contract for the faculty.

We will have more to report on these issues in the next few weeks, but here is a quick update on what’s been happening at the bargaining table:

Article 42: Work of the Unit. 

The teams are close to a tentative agreement on Article 42, including new language that reinforces institutional support for faculty working with students with documented disabilities. The need for support has become a significant issue for faculty and students, and our team has worked hard to address it in the contract. They have also negotiated successfully to protect current contract language on workload maximums, which are preserved in the tentative agreement.

Articles 32 and 33: Economic Compensation and Health Care Benefits.

The two teams have presented their initial proposals for economic compensation and health care benefits. Given the complexity of these articles – perhaps especially health care, in light of recent and ongoing congressional activity – the teams remain far apart on both. However, our team is continuing their research into these issues and building a strong case at the table. Since these articles were introduced several weeks ago, our team has been standing strong and working determinedly to reach agreement on fair economic compensation and contain healthcare costs for faculty, and they have no intention of backing down.


We will have more information for you on these important topics soon. In the meantime, please keep those messages of support coming. Bargaining is intense, grueling work, and while most faculty members don’t have to spend much time thinking about it, our team has been living it 24/7 for months. It means a lot to them to hear from you and to be reminded that you have their backs. You can find the WMU-AAUP on Facebook, Twitter, and Instagram, or just reply to this email with your message for the team.

Fourth Friday Happy Hour on June 23 at Arcadia

To catch up in person with members of our team, chapter officers, and Exec Committee members, or just to relax and have some fun, please join us tomorrow (Friday, June 23), 5-6pm, for the WMU-AAUP Fourth Friday Happy Hour at Arcadia Brewing Co. (701 E. Michigan Avenue). Dues-paying members: As always, your first drink’s on us. See you there!

#StrengthInSolidarity
#WMUAAUP2017