Uncompensated Summer Work and Faculty Rights Under Article 38

Many people outside the university community (and even quite a few within it) are often surprised to learn that WMU faculty on academic-year (AY) appointments who are not assigned to summer teaching are not compensated by Western Michigan University for work performed in the months of May, June, July, and August.

Yet many AY faculty are called upon during the summer to perform a variety of work assignments on behalf of the university for which they will not be paid. Some examples include (but are not limited to) the following:

  • work on strategic planning at the department, college, or university level;
  • administration of academic programs within departments;
  • department meetings and retreats;
  • independent studies, including those for which students pay tuition and receive credit;
  • lab and research supervision of graduate and undergraduate students;
  • graduate and undergraduate advising;
  • participating in doctoral exams and dissertation defenses;
  • supervision of student internships;
  • training and supervision of graduate teaching and research assistants;
  • student recruitment activities;
  • a multitude of other service, administrative, or quasi-administrative activities.

The majority of Board-appointed faculty members at WMU have academic-year appointments, although there are also a number of fiscal-year (FY) faculty with 12-month appointments and some with 10-month appointments.

While most AY faculty are eligible to participate in a deferred-compensation pay structure, in which a portion of each paycheck throughout the academic year is withheld for disbursement over the summer, resulting in equal installments throughout the calendar year, their “summer pay” was actually earned during the academic year. This structure is often misunderstood as AY faculty’s being paid for summer work, but that is not the case.

It can be beneficial for AY faculty to receive their pay in equal disbursements throughout the calendar year rather than going 14 weeks in the summer without a paycheck. It can also benefit the university’s cash flow to withhold approximately a quarter of the pay earned by the hundreds of participating AY faculty during the academic year and disburse it in the summer after the AY concludes. It is a symbiotic arrangement.

Other AY faculty are paid their full earnings during the academic year, with their last paycheck until September 5 to be disbursed on May 19.

Article 38 of the Agreement articulates the terms under which AY faculty are employed in relation to the academic calendar: “Bargaining unit faculty on academic year appointments shall not be required to work . . . during periods between semesters and sessions when classes are not scheduled to meet” (38.§4.1).

It expressly defines “outside the calendar” as “before the Fall semester begins, between the Fall and Spring semesters, and after the Spring semester ends” (38.§2).

Exceptions are permissible only in “limited circumstances,” which must be “legitimate responsibilities of academic-year faculty (e.g., registration, department orientation/organization meetings, retreats, committee assignments, and grading situations).” Additionally, the contract requires that “Western will follow present procedures to cover these assignments. If Western is unable to ensure faculty coverage for such legitimate responsibilities, Western will notify the Chapter before assigning faculty to such tasks” (38.§2).

In recent years, however, many AY faculty have been experiencing significant increases in uncompensated summer work assignments, as well as increases to their regular workloads that make it difficult to complete within the academic year all the work for which they are responsible. They report increasing pressure – to which pre-tenure faculty are especially vulnerable –  to work in the summer without compensation in ways that appear to extend the definition of “limited circumstances” well beyond the spirit of the Agreement.

The institution is becoming increasingly dependent on free faculty labor, and it is time to break this exploitative cycle.

The “legitimate” work of faculty on academic-year appointments can and should be performed during the academic year, within the bounds of reasonable faculty workloads. If there is work that is sufficiently critical to the functioning of the institution that cannot be done during the academic year but must be performed in the summer, that work must be compensated.

Faculty members themselves are best situated to determine whether assignments they are asked (or expected) to perform outside the calendar constitutes legitimate use of their time during parts of the year when they are not being paid for their work.

Therefore, it is the Chapter’s position that all assignments of work “outside the calendar” must be compensated, offered without coercion, and accepted or declined without penalty at the discretion of each individual faculty member.

Additionally, fiscal-year faculty rights to a reasonable workload must not be infringed. FY faculty must not be burdened with additional assignments, including work that would be “outside the calendar” for AY faculty, without overload pay. Such assignments must be compensated, offered without coercion, and accepted or declined without penalty at the discretion of each individual faculty member.

If the administration believes that any particular task or initiative is sufficiently urgent to require “outside the calendar” faculty attention, their proposals should be brought to the Chapter, pursuant to Article 38.§2, for consideration on a case-by-case basis. In principle, however, the WMU-AAUP cannot support practices that do not compensate faculty members appropriately for their work.

We ask that chairs, directors, deans, the provost, and all other administrators, especially those who are compensated for their work all year round, follow the Golden Rule as their guiding principle: Do unto others as you would have them do unto you. The academic calendar must be respected, and the academic-year appointments of faculty members who hold them must be honored. It is not appropriate to expect, require, or attempt to compel uncompensated “outside the calendar” work to be performed by AY faculty or expect, require, or attempt to compel any uncompensated overload work to be performed by any faculty member, regardless of appointment type.

Please also note that AY faculty members who accept summer teaching assignments are compensated for teaching only. Summer teaching stipends do not entitle chairs or other administrators to additional faculty service beyond the teaching of summer courses and the responsibilities associated with this work.

Faculty members who feel that they are being expected or required to perform uncompensated summer work or uncompensated overload assignments (and especially those who feel they are being pressured into doing so) are urged to contact the WMU-AAUP office by calling 345-0151 or emailing staff@wmuaaup.net.

A culture in which people are expected to work without pay is unacceptable. And we believe that it should be a high priority for all parties to the Agreement to work together to honor and defend it.

Financial Analysis of Western Michigan University, by Dr. Howard Bunsis

Dr. Howard Bunsis, Professor of Accounting at Eastern Michigan University and Chair of the National AAUP Collective Bargaining Congress, addressed the faculty at Western Michigan University on February 16, 2017.

Click here to view the slides from Howard’s presentation.

 

Rally on Monday, April 24, to support our bargaining team


Monday, April 24, at 2:30 p.m.
Montague House — 814 Oakland Drive


The semester is winding down, but contract negotiations are heating up!

Take a break from your grading, bring your signs, and let’s show our WMU-AAUP bargaining team that we have their backs!

Before the faculty disperses for the summer, we need a strong show of support for our team as they prepare to bargain economic articles in May. A large turnout will send a strong message to the team that the faculty is behind them and alerts the administration that we are ready to take action as needed. All bargaining-unit faculty should plan to attend this important event. We also welcome retired faculty as well as students, staff, alumni, family, friends, and other allies.

Join us!

Easy parking at Walwood Hall and WMU Lot 10 or 11 (the Little Theater). Please don’t park at the medical school. Their management is not nice about it.

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Click to enlarge flier.

Statement on the Appointment of the Hon. Edward B. Montgomery as Ninth President of Western Michigan University

by WMU-AAUP President Lisa Minnick

Your effectiveness as a leader is a product of recruiting and retaining strong and independent people to work for you.”

— The Honorable Edward B. Montgomery,
Ninth President of Western Michigan University

After seven months serving on the Presidential Search Advisory Committee alongside 21 colleagues from a diverse variety of campus constituencies, under the capable (and also generous and respectful) leadership of Trustees Bill Johnston and Jim Bolger, I could not be more delighted to welcome the Honorable Edward B. Montgomery to Western Michigan University as its ninth president.

Dr. Montgomery’s vitae is beyond impressive by any standard. An accomplished academic with a Ph.D. in economics from Harvard, he has published widely, directed over two dozen doctoral dissertations, taught graduate and undergraduate courses in economics, labor relations, and public policy, and performed extensive university and professional service. Dr. Montgomery understands the work of the faculty because for much of his adult life, that has been – and continues to be – his work, including in his most recent role as founding dean of the McCourt School of Public Policy at Georgetown University. He is truly one of us.

Beyond his success in the academic realm, Dr. Montgomery also has a highly distinguished record of public service and executive experience. He served as Chief Economist (1997-99) and as Chief Operating Officer (1999-2001) for the U.S. Department of Labor, under Labor Secretary Alexis Herman and President Bill Clinton. In the latter role, he was responsible for a cabinet-level department with an annual budget of over $30 billion and 17,000 employees.

In 2009, Dr. Montgomery was appointed by President Barack Obama to chair the Department of Labor Presidential Transition Team, to lead the White House Council on Auto Communities and Workers, and to serve on the Auto Task Force.

But his extensive leadership experience, impressive and valuable political talents and connectedness, and stellar academic credentials are only part of the story. The son of a proud union machinist and organizer who went on to earn his Ph.D. in history and become a professor at the University of Pittsburgh and later at Yale, Dr. Montgomery brings a unique personal history and sensibility to the job of university president. In his application materials and interview, he made a strong case for the values of shared governance, academic freedom, diversity and inclusion as “central to everything,” affordability and accessibility for students, and the importance of recognizing and respecting staff and offering them paths for advancement.

Dr. Montgomery emphasizes that “Top-down management rarely works and the best institutions are made up of units and people striving for excellence (defined in the myriad of ways that reflect the range of unit missions) who recognize the importance of the common good and are supported by central administration investments and structures that allow them to make progress.”

“Presidents can shape and guide this progress,” he adds, “but at the end of the day success comes because the faculty, staff, students, and alumni have become animated around a common vision for the future.”

Please join me in welcoming the Honorable Edward B. Montgomery, Ninth President of Western Michigan University,  to our community, along with wife Kari and their grown children, E.J. (already a Bronco and on track to graduate this year), Lindsay, and Elizabeth.

Along with our campus community, I appreciate the leadership these past 10 years of President John Dunn, particularly his unwavering commitment to students and unrelenting passion for Western Michigan University. With many thanks for his dedication to this institution and especially to our students, I wish him a satisfying retirement and many more fulfilling years of continuing public service.

This is a transformational moment for Western Michigan University. As a faculty member as well as in my role as WMU-AAUP president, I am feeling newly energized at the prospect of working with Dr. Montgomery as he shares with us the leading-edge vision he is here to collaborate with us to achieve. Onward!

Next WMU president to be announced April 12 (two events)

Letter to the faculty from WMU-AAUP President Lisa Minnick

April 10, 2017

Dear colleagues,

As you’ve no doubt heard by now, the Board of Trustees will finalize and announce their selection of the next president of Western Michigan University at a formal session on Wednesday, April 12, at 11 a.m. in Heritage Hall. The president-select is expected to be present at the session, which is open to the public. All members of the WMU-AAUP bargaining unit are encouraged to attend as schedules permit.

Later in the day on Wednesday, the president-select will be introduced to the campus community at a special event to be held from 1:30 to 2:30 p.m. in 157-159 Bernhard. Bargaining-unit faculty are encouraged to attend this event as well.

As most of you know, I serve on the Presidential Search Advisory Committee, along with 21 other colleagues from a diverse variety of campus constituencies, under the capable (and also generous and respectful) leadership of Trustees Bill Johnston and Jim Bolger. While I have had – and have expressed – discomfort with the confidential nature of the search, I am extremely pleased with the three finalists. The search committee recommended these three candidates to the Board of Trustees on March 29, following interviews on March 22-23 and extensive deliberation. All three are outstanding, and I would be overjoyed to welcome any one of them as the next president of Western Michigan University.

The search committee has not yet been informed of the Board’s choice, which we are told by Trustee Johnston was unanimous following their interviews of the three finalists on April 3-4. We are scheduled to meet with the Board on Wednesday morning before their public session. For now, I can say that each of the finalists would bring enormously valuable and unique talents, qualities, vision, and experience to the role of president, and that all three have demonstrated – across their careers and in their interviews and application materials – the kinds of smarts, skills, and values that many if not most us very much want to see in our next president. These values include a deep understanding of and respect for faculty and the work we do, commitment to maintaining and enhancing WMU’s profile as a research university, and genuine interest in helping our students achieve to their fullest potential.

This is an important and exciting moment in the history of our institution. Profound changes are coming our way beginning July 1, and I believe that these will be very positive changes. Along with our campus community, I appreciate President Dunn’s leadership these past 10 years, particularly his unwavering commitment to students and unrelenting passion for Western Michigan University. At the same time, I am also feeling newly energized by the prospect of new leadership, along with the leading-edge vision and direction our next president will help us find for this university in which we have all invested so much.

After Wednesday’s announcement, I am confident that many of you will be feeling the same way.

In solidarity,
Lisa

Lisa C. Minnick
President, WMU-AAUP
Associate Professor of English
and Gender & Women’s Studies
Western Michigan University

Update on March 13 bargaining session

Ground rules signed, first articles exchanged at opening bargaining session 

Negotiations got underway on Monday, March 13, with a productive conversation at the table. The teams signed ground rules for bargaining, and our WMU-AAUP team presented four proposals, while the administration’s team presented one.

WMU-AAUP proposals:

  • Articles 17/18: The WMU-AAUP proposes language to confer promotion for faculty specialists concurrently and automatically with the granting of tenure. The current contract language confers promotion automatically to traditionally ranked faculty along with tenure, while faculty specialists must undergo a separate review for promotion.

  • Articles 30 and 43: For Articles 30 (eLearning) and 43 (Discoveries, Patents, and Copyrights), the WMU-AAUP proposes language to strengthen faculty intellectual property rights.

  • Article 48: The WMU-AAUP proposes adding the option of interdepartmental transfers that result in joint appointments.

Administration proposal:

  • Article 16: The administration proposes revisions to the policies and procedures for evaluation of faculty professional competence.

The next bargaining session is scheduled for Monday, March 20. In the meantime, our WMU-AAUP team is working in consultation with the chapter officers and Executive Committee to analyze the administration’s proposal on Article 16 and formulate their response. They are also drafting additional proposals, working through data gathered from the recent faculty survey, and continuing to meet with faculty.

Bargaining sessions are scheduled for Monday afternoons through final exam week in April. During the spring semester, our team is constrained to this limited schedule by their teaching, research, and service responsibilities. Beginning in Summer 1, more frequent and longer sessions will be scheduled.


Message to the faculty from our WMU-AAUP bargaining team:

We would like to extend our thanks to the colleagues who joined us at Montague House on March 13 for the kickoff rally as well as those who joined us in spirit by sending messages of support and solidarity. We were energized by the thoughtful dialogue you engaged in with us – it was a great way to warm up for our first bargaining session! – and we appreciate your commitment to providing ongoing feedback and support for us as negotiations move forward.

We understand how hard it is for faculty to take time out of a busy day in the middle of the semester, especially on the first day back after spring break. If you were able to join us, thank you for coming out to show your support. To those who could not attend on March 13: We appreciate the confidence that so many of you have expressed in us and look forward to seeing you at future events. To all our colleagues: It means a lot to us to know you have our backs. Thank you. We will not let you down.

In solidarity,

Cynthia, Whitney, Bruce, Jeremy, and Mike

#StrengthInSolidarity