December 2007 Board Notes

A summary of the December 8, 2007 University of Hawaii Professional Assembly Board of Director's meeting.

WELCOME & INTRODUCTION  

New UH-Manoa Director Paulette Feeney, who represents the constituency for Arts and Humanities, Library & Information Science Program, Outreach College, and Library Services, was introduced and welcomed.

PROPOSED ARTICLES OF INCORPORATION & BY-LAWS

Attorney Jeffrey Piper of Schlack Ito Lockwood Piper & Elkind, who specializes in not-for-profit corporate law, updated Directors on the proposed changes to the Articles of Incorporation and By-Laws of UHPA.  After some discussion, it was agreed that additional changes recommended would be incorporated with revised copies of the documents reviewed again by the Board of Directors in January.  Attorney Piper will meet with Faculty Representatives at the February 9 Faculty Forum to go over the changes being recommended to UHPA’s Constitution and By-Laws in order to be in compliance with Hawaii’s not-for-profit corporate laws.  UHPA members will be asked to approve these changes at the April Annual Membership meeting, which is scheduled for Friday, April 11, 2008.

PRESIDENT’S REPORT

The President’s Report included the following:

• Directors received copies of the November 2007 AFT Statement on Academic Freedom for the 21^st Century that discusses the standards, mechanics, and threats to academic freedom, and the need to implement academic freedom through collective action.  Since academic freedom affects tenure, peer evaluation, and shared governance, this would be a useful tool for faculty, the faculty senates, and perhaps the Legislature.  The document can be viewed at http://www.aft.org/higher_ed/pubs-reports/AcademicFreedomStatement.pdf.  Information is also included in the November issue of the National Council of Higher Education (NCHE), which can be viewed at http://uhpa.org/web-links/national-education-association-nea/nche-e-letter/.
• Directors received copies of the February 23, 1976 Memorandum of Agreement regarding the Roles of the University of Hawaii Professional Assembly and the UH Faculty Senates (aka “White Paper”).  UH-Manoa Director James Tiles reported that when the assessment problem occurred, some of the Faculty Senate members looked at the “White Paper.”  It was suggested that representatives of the Faculty Senates and UHPA collaborate their efforts to reestablish and update the document, which would then be presented to UHPA members in concert with the proposed Articles of Incorporation and By-Laws.  The 1976 Memorandum of Agreement can be viewed at http://www.uhpa.org/members-only/committees/Agenda%20Committee/october-21-2006-forum/moafacse.pdf/view.
• President Chernisky announced that UHPA’s active membership has improved.  Of the 3,824 Bargaining Unit 7 members, 3,059 are signed UHPA members (80%).  Kudos was given to the UHPA staff and Vice President Adrienne Valdez, who is spearheading the Membership Drive.  UH-Manoa Director and UHPA Treasurer Ming-Bao Yue was thanked for her efforts to fill vacated Faculty Representative positions.  As of December 7, UHPA has 92 of the 127 Faculty Rep positions filled.  It was noted that Directors would be asked to confirm 7 more Faculty Representatives.
• Directors were informed that UHPA has 226 retired members.  Of these 175 are lifetime and 51 are annual dues paying members.  Some of the retired members have suggested utilizing their talents and research.
• Directors were informed that TIAA-CREF now has an office in Honolulu, which is under the auspices of the TIAA-CREF Wealth Management Office located at 500 Ala Moana Boulevard, Suite 400, Honolulu, HI 96813.  Contact person is Jeanne St. John, who can be reached from 5:00 a.m. to 2:00 p.m. at (800) 842-2638 ext. 6600 for appointment, or after 2:00 p.m. leaving voice mail at (808) 543-1117.  Contact information is also on UHPA’s website at http://uhpa.org/member-benefits/tiaacref.pdf/view.
• President Chernisky announced that if anyone is interested in training, seminars, workshops, lectures, or classes about membership, business economics, law, grievances, or contracts, please contact CLEAR (Center for Labor Education and Research) at UH-West Oahu.  See their website at http://homepages.uhwo.hawaii.edu/~clear/classes.html.

EXECUTIVE DIRECTOR’S REPORT

• Executive Director J. N. Musto reported that the proposed amendment to BOR Policy 9, Section 9-1a(3) Department Chairs and Section 9.1a(4) Special Program Directors and Chairs of Academic Divisions was taken off the Board of Regents’ agenda last month.  He informed Directors that he had another meeting with Vice President for Academic Planning and Policy Linda Johnsrud regarding this proposal.  He has communicated with Ed Yuen, former System Director for the Office of Human Resources and UH Spokesperson for Collective Bargaining, that UHPA wishes to bargain this matter.  It was reported that the All Campus Council of Faculty Senate Chairs (ACCFSC) met and don’t want anything to do with the proposed document.  They would like a Department/Division Handbook as stipulated in Article XXII, Appointment, Duties, and Compensation for Academic Chairs, Section D, of the 2003-2009 Agreement.  Directors agreed that it would be valuable to have a meeting with academic chairs.  Directors unanimously passed a motion to request the Executive Director to file a class action grievance regarding the UH administration’s failure to implement Article XXII regarding the UH System Faculty Handbook that describes the duties of academic chairs.
• Executive Director Musto met with Vice President Johnsrud concerning the proposed changes to Board of Regents Policy 9-1, Personnel Status, Subsection b., Faculty Promotion and Tenure.  With regard to reciprocal tenure, the administration did not want instant tenure.  Concerns were expressed. How judgment would be made as to who should get tenure?  What are the factors that can be used across disciplines for tenure?  Even if the language indicates that DPCs may review these tenure cases if they are available, it makes no sense since consideration seems to purposely be done during the summer when DPCs are usually not available.  If the proposal includes tenure for Excluded Administrators, who return as faculty, what criteria would be used to determine that the executive employee has been current in his or her discipline?  How would the employer be able to tenure an Excluded Administrator, especially if the majority of the individual’s employment has been in administration?  What is “comparable tenure” from one institution to the UH?  What are the terms and definitions of tenure since each university or college is different?  The Faculty Senates should be assured that their concerns and questions are addressed by the administration before the policy is taken to the Board of Regents.
• Although Executive Director Musto testified before the Board of Regents UHPA’s objection to the UH Community Colleges Faculty Classification Plan, the Regents approved it.
• Associate Executive Director James Kardash updated Directors on the tenure cases that were appealed to Hearing Officers.  He reiterated what was reported in November and noted that the Hearing Officer in the last case overturned the tenure denial and remanded it back for resubmission next fall.  The faculty member, however, has decided to retire at the end of the month.  Even though this year’s cases have not yet been fully reviewed by TPRCs, UHPA has been contacted by faculty members inquiring how they should proceed with their negative tenure recommendations from department personnel committees, department chairs, or deans.
• Associate Executive Director Kristeen Hanselman reported on the 1996 lawsuit that was filed by the Evergreen Freedom Foundation, a multi-million dollar right to work organization.  Directors were informed that this anti-union group causes dissension, confusion, and misleads union members.  Directors were forewarned that similar factions have already organized themselves in Hawaii under different names.  As an organization, UHPA should be truthful and transparent.
• A meeting with the Hawaii State Teachers Association has been requested to discuss issues that may be raised during the 2010 Constitutional Convention, and to request financial support from our joint national affiliate, the National Education Association, to assist both unions in addressing any challenges to public sector collective bargaining that may arise as a result of a Constitutional Convention.
• A status report was given on UHPA’s pilot program, funded from a grant approved by the National Education Association, to conduct electronic voting for this year’s UHPA elections.  A Beta test was in progress with a mock election to Faculty Representatives.  If all works well, the Board of Director and Faculty Representative elections will be conducted online this spring.

TREASURER’S REPORT

Treasurer Ming-Bao Yue reported that UHPA is in the second month of the fiscal year.  There have not been unusual expenditures.  To date there have been 142 objections from members to have $5 from their statutory dues earmarked for the Political Action Fund. 

As a result of additional legal work being conducted on UHPA By-Laws, Directors passed a motion to transfer within the budget category of Rights Maintenance and Contract Enforcement the amount of $10,000 from Litigation to Corporate Legal. 

Directors passed a motion to receive the Treasurer’s report and to refer it to the Finance Committee.

EXECUTIVE COMMITTEE

1.  Support for Hotel Workers

President Chernisky reported that the employees of the Pacific Beach Hotel, who are members of the International Longshore and Warehouse Union (ILWU), are still without a contract.  For ten years employees went without a pay increase.  When employees organized, the property was sold and they were informed to reapply.  The property has changed hands again and employees were asked to reapply once more.  Forty-five employees were not hired back, including seven of the twelve members on the ILWU Negotiating Team.  In support of the hotel workers, including the boycott of the Pacific Beach Hotel and the Pagoda Hotel, the UHPA Board of Directors unanimously passed the following resolution.

UHPA Resolution

Support of Pacific Beach Hotel Workers and Hotel Boycott

Rationale:

WHEREAS, the workers of the Pacific Beach Hotel first began organizing themselves into the ILWU Local 142 five years ago; and

WHEREAS, the workers have been in negotiations for over twenty months for a fair contract, including a union security clause; and

WHEREAS, HTH (Herbert T. Hayashi) Management has neither been willing to honor any of the tentative agreements already negotiated nor has agreed to a fair contract with a bona fide union security clause; and

WHEREAS, on December 1, 2007, HTH refused to “rehire” 45 union workers, including 7 of the 12 members of the union negotiating committee, and still refuses to recognize the bargaining rights of ILWU Local 142;

Resolution:

THEREFORE, be it resolved that the UHPA Board of Directors supports the workers of the Pacific Beach Hotel in their efforts to retain their jobs and negotiate a fair contract, including a union security clause;

BE IT ALSO RESOLVED that all UHPA members, staff, family and friends will participate in a consumer boycott of the Pacific Beach Hotel and Pagoda Hotel until the workers have achieved a fair and just settlement.

2.  HGEA Executive Director

Directors were informed that the Executive Committee approved the purchase of a Lehua table for the January 31, 2008 retirement dinner for Hawaii Government Employees’ Association Executive Director Russell Okata, who will be retiring at the end of 2007.  The dinner celebration will be held at the Hilton Hawaiian Village Hotel, Coral Ballroom.  Proceeds for the event will benefit the HGEA Charles R. Kendall Scholarship and Education Fund.

3.  UHPA Purchases

Directors were informed that the Executive Committee had approved the purchases of a new refrigerator and office furniture for Associate Executive Directors Kristeen Hanselman and James Kardash.  Directors unanimously passed the motion to confirm the actions taken by the Executive Committee.

LEGISLATIVE/POLITICAL ACTION COMMITTEE

Legislative/Political Action Committee Chair Richard Nettell reported that the agenda for the committee will be in three stages.  The first stage will include the early endorsements of incumbents and the maximum contribution allowable for each political position before the New Year.  The second stage will be a second slate of endorsements sometime in March 2008.  The third stage will be the conducting of interviews in early August with the final slate of endorsements presented to the Board of Directors when the interviews have been completed.  The Executive Committee, at their meeting on December 7, passed a motion to present the UHPA membership with the list of early endorsements for their concurrence.  Directors unanimously passed the motion to approve the list of early political endorsements and allowable contributions subject to the membership’s concurrence.  The list of early endorsements may be viewed at http://www.uhpa.org/members-only/committees/legislative-political-action/uhpa-political-endorsements-for-2008/.  It should be noted that UHPA members who objected to have $5 from their statutory dues go toward the Political Action Fund will not have access or be able to participate in this process.

Chair Nettell reported that a significant issue for faculty system wide is housing.  Beginning next semester, Chair Nettell plans to put another survey on UHPA’s website to gather additional information concerning the housing problem.

NOMINATIONS & ELECTIONS COMMITTEE

The Nominations and Elections Committee requested confirmation of new Faculty Representatives.  Directors unanimously passed a motion to confirm the appointments of Christine Yano (PAU 043), Oscar Navarro Fernandez (PAU 046), Debra Liebermann (PAU 070), Jon-Paul Bingham (PAU 091), Andy Kaufman (PAU 093), Glenn Teves (PAU 101) and Marla Berry (PAU 102) as Faculty Representatives for their respective Primary Academic Units.

COLLECTIVE BARGAINING COMMITTEE

Chair Karla Hayashi reported that the Collective Bargaining Committee had a productive meeting on December 1.  The CBC will be having 2-3 more surveys.  Committee members have been charged to do additional work and plan to meet again on January 26.  (Note:  The CBC meeting has since been changed to January 19.)

FACULTY FORUM

Associate Executive Director James Kardash announced that the Spring Faculty Forum is scheduled for Saturday, February 9, 2008.  The agenda will focus on collective bargaining.

GRIEVANCE COMMITTEE

Directors unanimously passed a motion to confirm the appointments of Nina Buchanan (UH-Hilo), Richard Nettell (UH-Manoa), William Puette (UH-West Oahu), and Francis-Dean Uchima (Hawaii CC) as members of the Grievance Committee.