December 2007 Board Notes

 

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 21st
    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).
  • 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.
  • 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.
  • 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.
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.

 

Happy Holidays from the UHPA Staff

 

Justice at the Beach Requests Contributions

Justice at the Beach is seeking support for employees fired for union activity at the Pacific Beach Hotel. A “free store” has been established to provide nonperishable food and household necessities for these employess and their families. Please drop off donations to ILWU 451 Atkinson Drive, Honolulu. Cash contributions will be accepted and used to purchase needed items. Call 808 864-3036 for information.

See UHPA Resolution in Support of Pacific Beach Hotel Workers

Read the story about Rhandy
Villanueva who lost his 15 year job at the Pacific Beach Hotel for being a union
supporter.

November 2007 Board Notes


NEA HIGHER EDUCATION DIRECTOR’S REPORT
 

Information and application announcement for the NEA Emerging Leadership Academy (ELA) will be online after November 20.  Individuals will have to February 20th to submit their application.  Applications
will be reviewed at the Higher Ed Conference and candidates, who are
promising, will be invited to the academy for an interview.  Final selections will be made in April with the first session held the last week of May and through the first weekend in June.  Directors Ruth Horie, Richard Nettell and Karla Hayashi are graduates of the ELA. 

NEA’s 26th Annual Higher Education Conference will be held from March 28 to 30, 2008 at the Hilton Washington in Washington, DC.  Some
of the issues covered will include academic freedom, salaries and
benefits, collective bargaining, college access and affordability, and
higher education funding.  It will be a joint conference with higher education colleagues from the American Federation of Teachers.  For further information and how to register go to http://www2.nea.org/he/conf.html. 


PRESIDENT’S REPORT

  • President
    Joseph Chernisky reported that UHPA has either consulted or discussed
    issues relating to proposed changes to the Board of Regents’ policies,
    tenure, timely pay for new hires and lecturers, faculty evaluation,
    sustainability, classification, summer workload, SLO directives, etc.
  • UHPA members in the Community Colleges were sent a survey concerning the Community College Faculty Classification Plan.  The Board of Regents will be considering the final document at its meeting on November 15, 2007.
  • President
    Chernisky along with Vice President Adrienne Valdez, Directors Joshua
    Cooper, Ruth Horie, and Sally Pestana attended the Hawaii State AFL-CIO
    Biennial Convention on October 26.  The Hawaii State
    AFL-CIO has indicated its commitment to higher education, and of the
    several resolutions approved, the resolution from UHPA’s Executive
    Committee in support of Civil Unions in Hawaii passed.  Additionally,
    labor leaders retiring at the end of 2007 were recognized for their
    accomplishments and years of dedication to the labor movement.  Of
    these known to UHPA are Joan Husted, Executive Director of the Hawaii
    State Teachers Association (HSTA), and Russell Okata, Executive
    Director of the Hawaii Government Employees Association (HGEA).
  • As was reported last month, leaders from UHPA attended the NEA Creating Strong Affiliates Conference in early November.  The information learned will be discussed with the Executive Committee.

 

EXECUTIVE DIRECTOR’S REPORT

  • Executive
    Director J. N. Musto reported that he was attending the retirement
    luncheon for Joan Husted, Executive Director of the Hawaii State
    Teachers Union (HSTA).  Ms. Husted retires at the end of this year.
  • Attorney Jeff Piper will meet with Directors in December to fully discuss the proposed Articles of Incorporation and By-Laws for UHPA to be in compliance with the State of Hawaii’s not-for-profit corporate laws.  The Board will make a decision in January as to whether the document could be recommended to the membership.
  • Executive Director Musto will attend the UH Board of Regents’ November 15 meeting in Maui.  On their agenda are two specific issues that UHPA is concerned about.  There
    is a 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.  UHPA had an initial consultation meeting with UH administrators wherein concerns were raised.  Although
    UHPA leaders were informed they would receive another version of the
    proposal, the revised document was never received.  It, however, is now on the Board of Regents’ agenda.  Directors passed a motion with one abstention to
    authorize the Executive Director file a complaint with the Hawaii Labor
    Relations Board indicating that the University did not complete
    consultation on the proposed amendment to BOR Policy 9, Section 9-1a(3)
    and (4).
  • The
    second issue on the BOR agenda for consideration is the approval of
    revisions to the UH Community Colleges Faculty Classification Plan.  It
    was indicated that there are no entry exams per se for Community
    Colleges and many students who enroll in the Community Colleges require
    remedial courses or may not exactly meet postsecondary course
    expectations.  For those instructors, who teach at the
    lower course levels, the proposed revisions would make it difficult for
    them as there is a high percentage of student dropouts.  Directors passed a motion with four abstentions to
    authorize the Executive Director to convey to the Board of Regents
    UHPA’s opposition to the adoption of the proposed amended UH Community
    Colleges Faculty Classification Plan
    .
  • Directors
    were informed that UHPA received a proposal that would authorize the
    University President to grant tenure upon initial appointment to
    members of the faculty and classified executives eligible for faculty
    appointments according to established guidelines.  Discussion indicated that the Board of Regents has never delegated its authority to anyone regarding tenure.  The
    Manoa Faculty Senate had reviewed the proposal and recommended language
    included for the granting of promotion and/or tenure, which state they
    subject to the approval of the Department Personnel Committee (DPC) and
    Tenure Promotion Review Committee (TPRC).  Their recommendation, however, has been ignored.  There
    have been and are highly qualified tenured individuals from other
    institutions who may be interested in teaching at the University, but
    due to the one-year tenure requirement, it has become difficult to hire
    them.  There was much concern that the proposed policy
    includes the granting of tenure to executives and the effects on the
    departments/campuses to create a position for that individual.  Directors
    felt that the responsibility of finding funds for the executive person
    who moves back into a faculty position ought to be that of the UH
    System’s office.  Directors passed a motion that the
    UHPA Board of Directors opposes the proposed revision to Board of
    Regents Policy 9-1, Personnel Status, Subsection b., Faculty Promotion
    and Tenure unless the language referring to classified executives is
    removed and that there is a process that includes the review and
    approval by Department Personnel Committees and Tenure Promotion Review
    Committees
    .

 

EXECUTIVE SESSION

Directors met in executive session to consider two grievance cases.  Directors unanimously passed the motion to appeal the suspension grievance cases of a UH-Manoa faculty member to arbitration.

Associate Executive Director Jim Kardash updated Directors on the status of tenure cases that were appealed to Hearing Officers.  He
also reported that last semester there were 98 applications for tenure
or tenure/promotion, 110 applications for promotion, 16
promotion/tenure applications that were denied, and 14 tenure
applications that were denied.  This semester, there were 106 applications for tenure or tenure/promotion and 105 applications for promotion.

 

TREASURER’S REPORT

Treasurer Ming-BaoYue reported that on the different transactions that have affected the financial operations of UHPA.  As of September 30, 120 UHPA members have indicated their objection to the $5 dues to the PAC Fund.  As of October 31, the count increased to 138.  Additionally, UHPA has rebated $7,223.69 to 57 non-members.  Directors passed a motion to receive the Treasurer’s report and to refer it to the Finance Committee.

 

EXECUTIVE COMMITTEE

Directors briefly reviewed the proposed Articles of Incorporation and By-Laws.  Some questions were raised.  Directors were informed that they could email the Executive Director if they had minor editorial corrections.

In the absence of Chair Sally
Pestana, the Executive Committee requested the Board’s confirmation of
members of the Personnel Committee.  Directors unanimously passed the motion to confirm the appointments of Charles Weems (UH-Manoa) and Adrienne Valdez (UH-West Oahu) as members of the Personnel Committee.

 

NOMINATIONS & ELECTIONS COMMITTEE

Vice President Adrienne Valdez, who
also chairs the Nominations and Elections Committee, expressed her
appreciation to Directors Brenda Cartwright, Nandita Sharma, and
Ming-Bao Yue for their asserted efforts in getting new UHPA members as
well as filling Faculty Representative positions.

She reported the results of the
special election for the UH-Manoa constituency for Arts and Humanities,
Library & Information Science Program, Outreach College, and
Library Services.  Paulette Feeney’s election as the Director for that constituency has been confirmed.  Her two-year term begins immediately and expires on August 31, 2009.

The Nominations and Elections Committee requested confirmation of new Faculty Representatives.  Directors unanimously passed a motion to confirm the appointments of Jason Willome (PAU 044), Stephen Jacques (PAU 052), Brian Szuster (PAU 055), Aurelio Agcaoili (PAU 059), Paul Lassettre (PAU 061), Nathan Murata (PAU 082), Barbara Landau (PAU 084), Garnett Smith (PAU 085), and Belinda Aquino (PAU 107).  Since the Membership Drive began on October 6, there are almost 100 new members.

 

NEW BUSINESS

Directors unanimously passed a motion to confirm the appointments of Robert Paull (UH-Manoa), L. Thomas Ramsey (UH-Manoa), Dennis Vanairsdale (Kapiolani CC), and Lynne Wilkens (UH-Manoa) as members of the Finance Committee.

Directors unanimously passed a motion to confirm the appointments of Joel Fischer (UH-Manoa), Susan Hippensteele (UH-Manoa), Earl Nakahara (Honolulu CC), and John Wendell (UH-Manoa) as members of the Grievance Committee.

Directors unanimously passed a motion to establish the Ad Hoc Women’s Committee and to confirm the appointments of Brenda Cartwright (UH-Manoa) and Nandita Sharma (UH-Manoa) as its Co-Chairs.  The goals of the UHPA Women’s Committee include:  Œeducate faculty about the union, empower individuals in the workplace, Žstrengthen ties with other unions, and address gender and family issues.

 

###

Proposed Change in the CC Classification Document

 

In the summer of 2006 UHPA was sent a draft of changes being proposed by the new VP for Community Colleges to the Faculty Classification Plan.  This document describes the work of faculty members, from instruction to student advising, and is used in conjunction with the CC Tenure & Promotion Guidelines for those applying for promotion and tenure.  The document is supposed to state the various expectations of instructors, academic support faculty, and counselors by ranks C2 through C5 (instructor to professor.) 

 

For a number of years, the community college campuses were reviewing the classification document in an effort to add a new category for faculty members teaching in the continuing education and training offerings for the colleges.  There are a relatively few number of individuals in these programs, but they were having difficulty with tenure and promotion applications when attempting to meet the expectations of the ranks. Since these instructors did not teach typical credit courses and were often creating specialized courses for outside companies and industries, some TPRC panels had problems evaluating their work based on the instructional criteria.  Therefore, a new fourth category was added to the classification document titled Continuing Education and Training.

 

However, when the proposed changes to the classification plan came to UHPA in 2006, they contained more than just the inclusion of a new category of faculty work.  The document had changed the evaluation criteria through the inclusion of student learning outcomes (SLO) in response to what the administration believed were the demands of the AACJC http://www.aacc.nche.edu/.  UHPA Executive Director J. N. Musto met with Vice President Morton to discuss the proposal and raise objections to the use of the classification document as an attempt to change individual faculty evaluation criteria. 

 

In response to these concerns, VP Morton moved to put together a “task force” to review the document, and for the last year Chancellor Peggy Cha, assisted by Sandra Uyeno, chaired a committee comprised of Marcia Roberts-Deutsch (HonCC), Harry Davis (KapCC), Chancellor Clyde Sakamoto, Joseph Chernisky (LeeCC & UHPA President) and J. N. Musto.  The committees met and discussed the document during the 2006-2007 academic year through the summer and into the fall of 2007.

 

After receiving the advice, comments, recommendations, and wording alternatives from the committee, VP Morton brought the process to close in October and asked the Council of CC Chancellors to approve a new CC Classification document.   The proposal will be submitted to the Board of Regents for approval at the meeting scheduled for November on Maui.

 

The document has been shared with the campus senate chairs, and at the request of the ACCFSC, VP Morton has given individuals until November 2nd to make comments.  Those comments can be sent directly to VP Morton jmorton@hawaii.edu and copied to the appropriate senate chair and UHPA.

 

The attached documents are the original proposal from July 2006 (showing edits) and the final October document provided by Chancellor Cha (not showing edits.)  Faculty members should compare and contrast the documents, both from the prior document, the original proposed changes, and the final document.  UHPA will be surveying the community college faculty, via the web page, for an indication of support or opposition to the final document. The survey will also enable comments.  We will use the survey results to construct our testimony before the Regents in November.

Instant Tenure

After some discussion over the years, UH is on the cusp of making an historic change in the granting of tenure.  A proposal has been sent to the faculty senate chairs on the ACCFSC that would allow the President to grant tenure.  UH has always required at least one year of probationary status before being granted tenure by the Regents.  This new policy would delegate to the President the authority to grant tenure to administrators and faculty members immediately upon hire.  Other universities grant immediate tenure as a method of recruiting outstanding, and usually well established, faculty members from other institutions.  This policy, should it be accepted, would still require the Board of Regents to approve normal tenure applications, but would open a new door to the granting of tenure that could by-pass the traditional faculty initiated review processes.  Some would argue that except for faculty members with tenure moving into academic administrative positions, the granting of tenure to a new administrator is inappropriate.  For a time, the Regents were hiring UH administrators on five year contracts without tenure in an academic department.

Comments on this proposal should be sent to Vice President Linda Johnsrud johnsrud@hawaii.edu

October 2007 Board Notes


NEA HIGHER EDUCATION DIRECTOR’S REPORT  

NEA Higher Ed Director Sally
Pestana reported that Congress passed the NEA supported “College Cost
Reduction and Access Act (H.R. 2669).  This law provides for the biggest increase in student financial aid since the GI Bill!  The law will:

  • Increase the maximum Pell Grant award
  • Reduce interest rates on subsidized student loans by 50%
  • Create
    new tuition assistance grants (up to $4000 per year) for undergraduates
    who commit to teaching in public schools in high-poverty communities or
    high-need subject areas
  • Create an Asian American and Pacific Islander Higher Education Serving Institution designation

 

The Asian American and Pacific
Islander Higher Education Serving Institution designation will allow
increased access to federal grants and other benefits, similar to the
benefits the “historically black college” designation has provided.

NEA would like to update higher
education faculty that the Senate passed the Higher Education
Amendments of 2007 (S. 1642) to reauthorize the Higher Education Act.  NEA opposes the Senate inclusion of the so called “academic bill of rights”.  The ABOR would undermine academic freedom under the guise of protecting students against purported, unproven bias by faculty.  NEA
believes colleges and universities already have sufficient policies and
procedures in place to ensure the quality of education, while
guaranteeing the rights of students and faculty.

The House has not yet taken up the Higher Ed reauthorization.  However, the Education Committee Chair, Congressman Miller, supports the omission of the ABOR provision.

 

PRESIDENT’S REPORT

President Joseph Chernisky summarized the issues indicated in his written report.

As a follow up to last month’s report,
President Chernisky clarified the consultation versus the negotiations
process, and when it would be appropriate to have UHPA representation.

President Chernisky attended the UH-Manoa
Faculty Senate reception on September 18 that was hosted by Chancellor
Virginia Hinshaw.  He suggested that Directors work cooperatively with the Faculty Senate Chairs from their campus.  Board Directors were informed to check out the links on the All Campus Council of Faculty Senate Chairs’ (ACCFSC) website: http://www.hawaii.edu/accfsc/.

The UH Community College Faculty Classification Task Force met on September 26.  Members
of the Task Force are Chancellors Clyde Sakamoto (Maui CC) and Peggy
Cha (Kauai CC), Faculty Senate representatives Harry Davis (Kapiolani
CC) and Marcia Roberts-Deutsch (Honolulu CC), UHPA Executive Director
J. N. Musto, UHPA President Joseph Chernisky (Leeward CC), and
Community Colleges Director of Human Resources Sandra Uyeno.  Executive
Director Musto has continued to question the unnecessary distinction
between teaching and learning, the risks of outcome and performance
driven measures, which are included in the draft document.  UHPA and the faculty representatives on the Task Force have recommended changes and clarification in the language.  Executive
Director Musto suggested using the SurveyMonkey on UHPA’s website to
get feedback from Community College faculty members regarding the
proposed Classification Plan.

UHPA Executive Director J. N. Musto,
Collective Bargaining Committee Chair Karla Hayashi, and President
Chernisky consulted with Vice President for Academic Affairs Linda
Johnsrud and Director of Academic Planning and Policy Joanne Itano on
the proposed new Executive Policy E9.113 regarding the duties and
responsibilities, criteria, selection process, etc. of
Division/Department Chairs and the appointment of Program Directors and
Chairs of Academic Subdivisions.  Numerous concerns were
raised such as they are not supervisory or managerial staff but they
have “oversight,” there is expansion of duties, etc.

President Chernisky expressed his
appreciation to Professor Michael Cooney, Associate Executive Director
James Kardash, and Faculty Senate Panel members Harry Davis (Kapiolani
CC), Daniel Kruse (Maui CC), Linda Currivan (Leeward CC), David Chin
(UH-Manoa), and James Tiles (UH-Manoa) for putting together an
excellent Faculty Forum.  He thanked UHPA Vice President Adrienne Valdez for her initiative and follow through on the membership drive.  They plan to look at vacancies amongst the UHPA Faculty Representatives.

In closing, he reminded Directors that
there are 12 Board of Regents seats that need to be filled and the
committee will be looking at candidates beginning November 1.  Additional information can be found at www.hawaii.edu/rcac.

 

EXECUTIVE DIRECTOR’S REPORT

Executive Director J. N. Musto reported
that UHPA has entered into a Memorandum of Understanding with the
University of Hawaii at West Oahu to incorporate the Vice Chancellor
for Academic Affairs into their promotion and tenure review procedures.  UH-West
Oahu is in the process of developing division personnel procedures now
that the size of the institution’s programs has significantly grown.

Executive Director Musto has met with
UH-Hilo administrators and UHPA Faculty Representatives to discuss the
contract provisions governing tenure and promotion procedures.  UH-Hilo
departments with six or more full-time faculty members may choose to
have Departmental Personnel Committees, rather than utilize the
Division Personnel Committee structure.  However, the
contract does not refer to the number of tenured faculty members in a
department, where at UH-Manoa, if a department or program has fewer
than five tenured faculty members, the Dean may constitute a Faculty
Personnel Committee made up of UH-Manoa tenured faculty members from
the department and other related disciplines.

Kapiolani Community College has been the
source of multiple administrative policy initiatives that have a
significant, if not negative, impact on the faculty.  For
example, a new policy was proposed by the KCC administration that would
require 11-month Department Chairs to teach a class or two during the
summer as part of their “load” and without any additional compensation.  They
have also proposed to limit the number of summer session classes that
9-month faculty members could teach during the summer.  The
contract does not set any limit on a 9-month appointed faculty member’s
ability to teach, research, or conduct any other outside employment
during the off-duty period.

Executive Director Musto reported on the Board of Regents (BOR) meeting that was held in Hilo on September 27 and 28.  In
addition to the controversial approval of the Navy contract to form a
University Affiliated Research Center (UARC), the Regents approved the
2008 supplemental budget request and the UH’s legislative package.  Although
Chancellor Tseng was pressing hard to get funding for new UH-Hilo
soccer and softball fields, it was not listed as a tier one high
priority.  UH President David McClain pointed out that
UH-Manoa had made their Title IX women’s athletic requests as a top
priority, and the Regents only approved those listed in the first
grouping.  Regent Chair Kitty Lagareta informed the BOR
that she would not continue as the Chair of the Board of Regents;
therefore, an election for a new Chair was held.  At its
meeting the prior month, the Regents were unable to elect a new chair,
although Regent Andres Albano, Jr. was elected Vice Chair.  In
a historic display of openness, there was a contested election for the
Chair position, between Regents Ronald Migita and Allan Landon.  The first vote produced no result, but after a second ballot Allan Landon, Chairman and Chief Executive Officer of the Bank of Hawaii, was elected as the new chair of the UH Board of Regents.

 

TREASURER’S REPORT

Treasurer Ming-BaoYue reported that Comptroller Linda Sawai has been processing non-members’ dues rebate requests.  As of September 13, UHPA sent out 740 rebate packets to non-members and have received 35 requests.  The rebate request deadline is October 17.  Treasurer
Yue reported that as of October 4, UHPA has received 126 objections
from members to have $5.00 from their dues go toward the Political
Action Fund for this fiscal period.  Due to the schedule of the Board meeting, there was insufficient time to prepare the financial statements for last month.  Directors passed a motion to receive the Treasurer’s report and to refer it to the Finance Committee.

 

EXECUTIVE COMMITTEE

President Chernisky reported that
the Executive Committee, at its meeting on October 5, 2007, approved
the purchase of two laptop computers, one for the Executive Director
and the other for incoming Associate Executive Director Kristeen
Hanselman.

New Directors were informed that
UHPA’s Constitution and By-Laws are being reviewed to ensure our
language is in compliance with Hawaii’s not-for-profit corporate laws.  Directors
were given copies of the proposed draft of UHPA’s Articles of
Incorporation and By-Laws and assigned to review the language
thoroughly.  Attorney Jeff Piper, who has been working with UHPA on this, will meet with Directors in November to answer any questions.  When the document is finalized, it will be shared with UHPA members, who will need to vote to approve the changes.

 

NOMINATIONS & ELECTIONS COMMITTEE

Vice President Adrienne Valdez, who
also chairs the Nominations and Elections Committee, informed Directors
about UHPA’s Membership Drive.  At the Faculty Forum,
Faculty Representatives were enlisted to make personal contacts with
non-members and new hires to request that they become members.

The Nominations and Elections Committee requested confirmation of new Faculty Representatives.  Directors passed a motion with one abstention to confirm the appointments of Marcia Roberts-Deutsch (Honolulu CC) for PAU 007, Mimi Yen (Kapiolani CC) for PAU 012, Scott Robertson (UH-Manoa) for PAU 060, and James Cartwright (UH-Manoa) for PAU 116 effective immediately.  Terms
for Faculty Reps Mimi Yen and James Cartwright will expire on May 31,
2008, and terms for Faculty Reps Marcia Roberts-Deutsch and Scott
Robertson will expire on May 31, 2009.

 

NEW BUSINESS

Directors passed the motion to confirm the appointments of Joshua Cooper (Maui CC), James De Ste Croix (Leeward CC), Earl Hishinuma (UH-Manoa), Richard Morris (UH-Hilo), Richard Nettell (UH-Manoa), Derek Oshiro (Honolulu CC), Mark Rognstad (UH-Manoa), Sharon Rowe (Kapiolani CC), Alan Teramura (UH-Manoa), and Glenn Teves (UH-Manoa) as members of the UHPA Collective Bargaining Committee (CBC).

Directors unanimously passed the motion to confirm the appointments of Belinda Aquino (UH-Manoa), Brenda Cartwright (UH-Manoa), James Cartwright (UH-Manoa), Joshua Cooper (Maui CC), Malia Manol (UH-Manoa), James McFarland (Kauai CC), Barry Nakamura (Leeward CC), Suzanna Reiss (UH-Manoa), Nandita Sharma (UH-Manoa), and Elizabeth Tam (UH-Manoa) as members of the UHPA Legislative and Political Action Committees.

Directors unanimously passed the motion to confirm the appointments of Amy Anderson (UH-Manoa), Margaret Bruck (Maui CC), Ruth Horie (UH-Manoa), Peter Rappa (UH-Manoa), Jonathan Schwartz (UH-West Oahu), and Jeffrey Zuckernick (Kapiolani CC) as members of the UHPA Nominations and Elections Committee.

Directors unanimously passed the motion to confirm the appointments of Roy Fujimoto (Windward CC), Thomas Jackson (UH-Manoa), and Ming-Bao Yue (UH-Manoa) as members of the UHPA Ad Hoc Committee on Special Projects.

Terms on the above committees take effect immediately and will expire on August 31, 2008.

 

ANNOUNCEMENTS

Directors were informed that former
Director Jerome Comcowich’s written report on his attendance at the NEA
Representative Assembly (RA) was included with their Board material.  His report can be viewed at http://uhpa.org/members-only/national-education-association-nea/nea-ra-delegate-reports/070925-j-comcowich-nea-ra-report.pdf/view.  In quoting Director Comcowich, President Chernisky encouraged Directors to attend and participate in future RA’s.

EUTF New Prescription Drug Plan for PPO & Supplemental Plan Subscribers

Effective July 1st, if you selected one of the EUTF’s Preferred Provider plan option or the supplemental plan, National Medical Health Card (NMHC) is the carrier for the State’s prescription drug plan.  This plan was chosen by the EUTF’s Trustees to process your prescription drug benefits.  Please be sure to take your NMHC’s drug ID card with you to your pharmacist.  If you are advised that you are not covered, contact the EUTF @ (808)586-7390 or toll free @ (800)295-0089 or by email @ eutf@hawaii.gov. 

EUTF has instructed NMHC to duplicate pharmacy benefits that you had.  You will be able to receive the same prescription medications and continue to go to the same pharmacies as you did before.  You will also continue to pay the same pharmacy co-pays that you paid for generic or brand name drugs before July 1st .

After July 1st, if you have refills available through your existing mail service provider, you will be able to obtain refills through NMHC’s mail service without obtaining a new prescription from your physician.

Visit the NMHC’s website if you have questions about your prescription drug plan or contact their Hawaii-based Customer Care Center representative at 1-866-533-6977.  They are available to assist you 24 hours a day, 7 days a week. 

September 2007 Board Notes

WELCOME & INTRODUCTION OF DIRECTORS

UHPA President Joseph Chernisky welcomed Directors to a new fiscal year.  He recognized new and returning Directors Brenda Cartwright (UH-Manoa), Richard Nettell (UH-Manoa), Nandita Sharma (UH-Manoa), James Tiles (UH-Manoa), Rick Randolph (Kauai CC), John Cole (Hawaii CC), and Karla Hayashi (UH-Hilo).  He noted that returning Director Robert Paull (UH-Manoa) was presently in Australia.

EXECUTIVE SESSION

Directors met in Executive Session to consider the Executive Director’s proposed letter of employment for Kristeen Hanselman.  Ms. Hanselman brings over thirty years of professional experience working in public sector negotiations and political affairs.  She
served for twelve years as a manager for the National Education
Association charged with overseeing the NEA national higher education
operations.  Directors unanimously passed a motion to approve the letter of employment for Kristeen Hanselman effective December 1, 2007.  Ms.
Hanselman will be an Associate Executive Director, whose duties include
assisting with contract grievance enforcement, collective bargaining,
developing membership engagement programs, and working on issues
relative to government affairs, beginning with planning for a possible
Hawai‘i State Constitutional Convention.  Although Ms.
Hanselman’s formal appointment will not begin until December, she will
begin immediately to work with the UHPA Executive Committee and staff
in preparation for the assumption of her duties.

NEA HIGHER EDUCATION DIRECTOR’S REPORT  

NEA Higher Education Director Sally Pestana reported that the NEA Board will be meeting in a week.  The link to the National Council for Higher Education (NCHE) newsletter has been posted on UHPA’s website.

PRESIDENT’S REPORT

  • President
    Joseph Chernisky described his mission as President, which is “To
    preserve and enhance the professional rights and professional
    responsibilities of the UHPA membership through organizational,
    educational and advocacy strategies for the good of the UH faculty, the
    UH System and public higher education in Hawai’i.”  To that end, UHPA’s challenge will be to work toward that goal.  President Chernisky intends to work at the grassroots level.  He indicated that there may be times when the faculty may need to “agitate the pot” in order to be heard.
  • He reported that the UH President’s Emerging Leader program participants have been selected.  UH-Manoa Board Director Brenda Cartwright is one of the faculty members selected.  Other faculty include Harriet Y. Abe (UH-Manoa), Kainoa Ariola (UH-Hilo), Ruth O. Bingham (UH-Manoa), Diane Caulfield (Honolulu CC), David N. Chin (UH-Manoa), Kenoalani Dela Cruz (Hawaii CC), Jonathan Goss (UH-Manoa), Mary F. Heller (UH-West Oahu), Richard T. Kasuya (UH-Manoa), Barbara J.B. Leonard (UH-Hilo), Kealalokahi Losch (Kapiolani CC), Laura E. Lyons (UH-Manoa), Jason E. Maddock (UH-Manoa), Patricia McGrath (Kauai CC), Aulii-Ann Ross (Leeward CC), Barbara Ross (Kapiolani CC), and Wendy H.T. Sora (UH-Manoa).
  • UHPA
    Vice President Adrienne Valdez, who is also the Chair of the
    Nominations and Elections Committee, was asked to report on UHPA’s
    membership drive.  There are over 700 non-members and
    Faculty Representatives, at the October 6 Faculty Forum, will be given
    an updated list of the faculty members in their Primary Academic Units
    (PAUs).  The list indicates faculty who are members of UHPA and those who are not.  The membership drive will be done in phases.  Directors offered suggestions to assist the membership process.
  • The
    Faculty Forum will have a panel discussion on “The Present Threat to
    Higher Education Values” and a discussion with members of the All
    Campus Council of Faculty Senate Chairs on the “Developing a United
    Faculty Response to External Forces:  A Proactive Strategy.”  Directors
    were referred to an article by Erwin Chemerinsky, a Professor of Law
    and Political Science at Duke University, who was not hired as UC
    Irvine’s founding law school dean because of an Op-Ed article he had
    written before he was offered the position as Dean.  He indicates that this was a lesson in academic freedom.  The
    UC Irvine Chancellor’s remarks are also noted that the decision to
    rescind the offer was not a matter of academic freedom, but just a
    management decision.
  • The Hawaii State AFL-CIO’s 22nd
    Biennial Convention will be held on Friday, October 26, 2007, at the
    Hilton Hawaiian Village Beach Resort and Spa, Coral Ballroom IV.  In addition to UHPA President Joseph Chernisky, who is on the State AFL-CIO Board, UHPA is allotted five delegates.  Directors
    Joshua Cooper, Ruth Horie, Richard Nettell, Sally Pestana, and Adrienne
    Valdez will represent UHPA at the Biennial Convention.
  • Former UH-Manoa Director L. Thomas Ramsey is a member on the UH Board of Regents’ Candidate Advisory Council.  He informed UHPA leaders that there are twelve seats that will become available on the Board of Regents.  The deadline for list of Regent candidates due Governor Lingle is March 1.

EXECUTIVE DIRECTOR’S REPORT

Executive Director J. N. Musto introduced Kris Hanselman as the new Associate Executive Director.  He
indicated his enthusiasm at being able to bring Ms. Hanselman to UHPA
and felt that she would immediately be of assistance to the faculty and
the leadership of UHPA.  After giving some introductory
remarks, Ms. Hanselman expressed her appreciation to the Directors and
looked forward to working with the UHPA staff and UH faculty members.

Executive Director Musto reported on the following.

  • Directors
    were provided the September 7, 2007 final draft copy of the proposed
    new Executive Policy on Security and Protection of Sensitive
    Information that was prepared by the Information Technology Services
    and the Office of General Counsel.  They also received
    copies of the proposed Executive Policy E5.211, Policy for Responding
    to Allegations of Scientific Research and Scholarly Misconduct, and
    Executive Director Musto’s September 6 response to Vice President James
    Gaines.
  • As
    reported earlier, UHPA applied for a higher education competitive
    membership grant with the National Education Association (NEA), which
    would be used to conduct a pilot electronic voting system for UHPA
    elections.  By earlier action of the Directors, all of the
    internal voting for UHPA Faculty Representatives and Board of Directors
    during the 2007-2008 academic year will be conducted using electronic
    voting.  Directors were informed that the $10,000 grant has been approved.  On Monday, September 17, an online survey relating to electronic voting will be sent to members.  UHPA
    will be researching the different voting software programs that are
    secure and can best fit what is required to conduct our elections.  There
    are many faculty members who are not in close proximity to the campuses
    and/or the state, and online voting would alleviate the difficulty of
    using mail ballots, especially for faculty located in other countries
    or isolated areas.
  • UHPA has been invited to participate in the 2007 Creating Strong Affiliates Conference in Austin, Texas from November 1-4, 2007.  Attending
    will be Executive Director Musto, UHPA President Joseph Chernisky, UHPA
    Vice President Adrienne Valdez, UHPA Secretary & CBC Chair Karla
    Hayashi, Web Consultant Peter Kay, and incoming Associate Executive
    Director Kristeen Hanselman.
  • Executive Director Musto reported that he will be attending the NEA Research Advisory Council meeting the week of September 17.  The Council reviews different contracts and data base.  This
    is where he met John Lee, President of JBL and Associates, who did the
    salary comparison studies in the last round of negotiations.  Dr.
    Lee has already been contacted about UHPA’s forthcoming negotiations
    and has been asked to update the national salary comparisons that were
    conducted prior to the last round of bargaining.
  • The
    Collective Bargaining Committee has been reviewing workload issues,
    salary minima and compression, faculty evaluation, intellectual
    property rights, and other contract language in preparation for the
    commencement of negotiations, perhaps as soon as the spring semester.  With
    respect to the community college workload issue, the strategic plan
    prepared by then Senior Vice President for Community Colleges Joyce
    Tsunoda called for a workload of 24 credit hours for community colleges
    the same as the BOR policy on Teaching Equivalencies of 24 credit hours
    for UH-Manoa, UH-Hilo, and UH-West Oahu.  The workload credit for community colleges negotiated by UHPA is at 27.  UHPA believes that no one at the UH System should earn less than $50,000.  As
    time gets closer to April 2008 and the Collective Bargaining Committee
    has reviewed all the surveys, more information will be disclosed.
  • Plans for the modifications of UHPA’s buildings are being finalized.  Instead of installing an elevator, it has been decided to install a lift and keep the stairs.  The lift is a cost savings of about $70,000.

TREASURER’S REPORT

Treasurer Ming-BaoYue reported that last month marked the end of the fiscal year.  To
date, there have been 85 UHPA members who have objected to having $5.00
per month from their statutory dues allocated to the UHPA Political
Action Fund for the fiscal year September 2007– August 2008.  Directors passed a motion to receive the financial report for the fiscal period ending August 31, 2007 and to refer that report to the Finance Committee.

EXECUTIVE COMMITTEE

President Chernisky reported that
the Executive Committee considered two action items, which were being
brought to the Board of Directors for confirmation.

  1. Directors passed with two abstentions a motion to be a Platinum Sponsor for the Aloha United Way’s 5th Annual Labor Charity Golf Tournament on Friday, November 2, 2007 at the Pearl Country Club.
  1. Directors unanimously passed a motion to confirm the appointments of Karla Hayashi (UH-Hilo) as Chair of the Collective Bargaining Committee, Richard Nettell (UH-Manoa) as Chair of the Legislative/Political Action Committee, Duane Stevens (UH-Manoa) as Chair of the Finance Committee, Michael Mottl (UH-Manoa) as Chair of the Grievance Committee, Adrienne Valdez (UH-West Oahu) as Chair of the Nominations and Elections Committee, Sally Pestana (Kapiolani CC) as Chair of the Personnel Committee, and Joshua Cooper (Maui CC) as Chair of the Ad Hoc Committee on Special Project.

UHPA CONSTITUTION & BY-LAWS

The Executive Committee has had
ongoing discussions regarding the compliance of UHPA’s Constitution and
By-Laws with the state’s corporate laws.  Directors were informed that a draft proposal of a new Articles of Incorporation and By-Laws will be made available in November.  Once the Directors have reviewed and approved the proposed changes, they will be submitted to the UHPA membership for adoption.

CONSULTATION RE ACADEMIC CHAIRS

UHPA has received a proposed
revision to Board of Regents Policy 9-1a (3) and (4) and a new proposed
Executive Policy E9.113 relating to Division/Department Chairs.  UHPA
has requested consultation with Linda Johnsrud, Vice President for
Academic Planning and Policy, and a meeting has been scheduled for
October 5.  The Vice President’s proposal can be found on the UHPA website, where members can make comments.

OTHER CONSULTATION MATTERS

An inquiry was made as to whether or not UHPA had been consulted on the proposed reorganization of UH-Manoa.  The proposal was not shared with the faculty but it has been shared with the Deans.

Executive Director Musto assured the
other Directors that no change in the organizational structure of
UH-Manoa, or any other campus, can be approved without first presenting
the proposal to UHPA for formal consultation.  When the proposal is sent to UHPA, it will be made available to all faculty members for comment.

NOMINATIONS & ELECTIONS COMMITTEE

Chair Adrienne Valdez reported that
UH-Manoa Director Thomas Jackson has resigned from the UHPA Board of
Directors due to his heavy work schedule and commitments.  He
represented the constituency of UH-Manoa Arts and Humanities, the
Library and Information Science Program, Library Services, and Outreach
College.  Since the term for his Board position expires in 2009, a special election needs to be conducted.  Nominations
forms were mailed to members of that constituency on September 10 and
ballots are scheduled to be mailed out on October 15.

Directors unanimously passed a motion to confirm the appointments of Ka’iana Haile (Hawaii CC) as Faculty Representative for PAU 003, David Behlke (Kapiolani CC) as Faculty Representative for PAU 014, Roberta Martel (Leeward CC) as Faculty Representative for PAU 026, and James McFarland (Kauai CC) as Faculty Representative for PAU 020.  Faculty
Reps Haile, Behlke, and McFarland will serve two-year terms to May 31,
2009, while Representative Martel will serve a one-year term to May 31,
2008.  It should be noted that Kauai CC Director Rick
Randolph was the Faculty Representative for PAU 020 but resigned since
he now serves on the Board of Directors.

NE‘EPAPA I KE Ō MAU ‘Aha Pūnana Leo

Directors were asked to consider participating in a benefit dinner for ‘Aha Pūnana Leo honoring Ms. Abigail Kawananakoa.  Directors passed a motion to
approve the purchase of three Kūkulu seats for the benefit dinner on
Sunday, September 23, 2007 at the Hilton Hawaiian Village Hotel, Coral
Ballroom.
  Directors Ruth Horie, Brenda Cartwright and one more person will represent UHPA.

ANNOUNCEMENTS

Vice President Adrienne Valdez
informed Directors that the International Longshore and Warehouse Union
(ILWU) will be having a community rally on Thursday, September 20, from
4:00 to 5:00 p.m. at the Pacific Beach Hotel located at 2490 Kalakaua
Avenue, Honolulu.  Employees have been working almost two years without a contract and ten years without a raise.  The hotel was under a new management last year and is again with new management this year.  Pac Beach employees are being threatened with layoffs.  UHPA members are being asked to show support by walking with other unions in solidarity.

Local 5 of the Hotel Employees and
Restaurant Workers (HERE) are also having a march on the beachwalk on
Wednesday, September 19.  The Outrigger has invested
millions of dollars in the new, non-union Beachwalk development, but
the workers at the Ala Moana Hotel are going through the same problems
as their brothers and sisters at Pac Beach.  Management says there’s no money!  UHPA members, if you are able, please show your support.

 

###

 

August 2007 Board Notes


NEA HIGHER EDUCATION DIRECTOR’S REPORT  

NEA Higher Education Director Sally
Pestana reported that the Emerging Leader Academy nominations will be
open at the end of November.  UH-Manoa Director Ruth Horie brought back some literature from the NEA Representative Assembly.

 

PRESIDENT’S REPORT

President Mary Tiles reported on the recent Board of Regents meeting.  Governor Lingle will be releasing the first quarter of the biennium budget this year, which may include restrictions.  UH
President McClain informed Regents that after his visits to mainland
institutions, he believes there is external pressure to have higher
education shift its focus to generate more degrees by at least 30% to
remain competitive with other countries.

President Tiles informed Directors that
during her term in office UHPA negotiated a six-year contract that
allowed the organization to avoid constant bargaining.  While this was controversial, a 32% total increase in salary was obtained.  She added that UHPA has made significant changes.  The
Akala Lane property across from UHPA has been acquired and
modifications, including a bridge and conference room between the two
structures, are being developed.  The Board of Directors
no longer meets at the Campus Center Executive Dining Room, and we no
longer need to rent facilities to hold meetings since the Akala
building has significant space.  UHPA is in good financial condition and there is no mortgage due.

In closing, she expressed her
appreciation to Directors for their service on the Board and spending
their Saturday mornings at UHPA.  She especially was grateful to members of the Executive Committee for their support and commitment.

 

EXECUTIVE DIRECTOR’S REPORT

Executive Director J. N. Musto reported on the following:

  • Directors
    passed a motion in June to have staff convey to the Chancellors the
    need to have DPCs and/or TPRCs trained on the tenure review process and
    that their decisions should be made independently from those made
    earlier.  UH-Manoa Chancellor Virginia Hinshaw has acknowledged her concurrence.
  •  An update was given on the Faculty Classification Plan Task Force meetings.  No agreement has been reached as revisions are being made.  The administration would like the Board of Regents to approve the Community Colleges Classification Plan proposal in September.
  • UHPA has received the 2007-2008 Community Colleges Promotion and Tenure Guidelines, and there are no significant changes.  Executive
    Director Musto will be meeting with Leeward CC faculty, the first group
    to discuss the promotion and tenure guidelines.
  • UHPA has applied for a Membership Project Grant with the National Education Association.  If approved, UHPA will pilot an electronic voting program.  An
    attitudinal survey will be conducted of the membership and different
    vendors will be looked at to see who has the program that best fits our
    needs.  This could resolve our absentee ballot problem of folks on leave at the time of voting.  There
    are many faculty members on ships, in foreign countries, or on the
    mainland and ballots cannot be returned by the deadline.  Executive Director Musto is confident UHPA’s grant request will be approved.
  • We
    have requested, through our UHPA website, faculty members to assist in
    an effort to gain credit for compensation paid for overload teaching
    summer session or extension programs, or from grants or special
    projects during their non-duty period, in the
    Employees’ Retirement System (ERS).  UHPA
    believes that those salary payments should be included in determining a
    faculty member’s “high three” salaries for the purpose of the
    retirement pension calculation.  We will need individual
    faculty members to represent our class action in petitioning the ERS to
    include these other sources of income in the ERS determination of
    defined pension benefits.
  •  An update was given on the six tenure denial cases appealed to Hearing Officers under Article XII of the 2003-2009 Agreement.  One case has been settled while Hearing Officers are being selected for the other cases.
  • Executive
    Director Musto attended the National Conference of State Legislators
    (NCSL) in Boston, which focused on higher education.  One of the keynote addresses included a four-member panel discussing the future and challenges of American higher education.  They
    included Hank Brown, President of the University of Colorado; Patrick
    Callan, President of the National Center for Public Policy and Higher
    Education; Phyllis Eisen, Senior Vice President at the National
    Association of Manufacturers; and Jim Hunt, former Governor of North
    Carolina.  They discussed accountability and how higher education is not preparing students for globalization in the 21st century.  Legislators
    were informed that they need to examine their higher education systems
    so that they can “set the mission for the state colleges and
    universities.”  Informational documents from the conference were shared with Directors.  Next
    year the NCSL will be held in New Orleans, Louisiana from July 20-27,
    and the following year, the NCSL will hold its annual meeting in
    Philadelphia, Pennsylvania from July 20-25, 2009.
  • UH
    President David McClain and UHPA Executive Director Musto have
    informally discussed beginning the negotiations for the next faculty
    contract.  The current Agreement expires on June 30, 2009,
    but it will require approval of the State Legislature no later than May
    2009, so bargaining must conclude before the contract expires.  UHPA hopes that formal bargaining will begin in Spring 2008.
  • In closing, Dr. Musto had laudatory comments about Mary Tiles’ leadership, including the outstanding accomplishments during her presidency.  Of particular note was her leadership the development of the new UHPA
    website and her outstanding leadership of the Board of Directors during
    the difficult times of collective bargaining, ratification, and
    implementation of significant new contract language, including
    extraordinary salary provisions and the creation of job security for
    non-tenured faculty.

 

TREASURER’S REPORT

Treasurer Ming-BaoYue reported that UHPA has gone through eleven months of the fiscal year’s budget.  She reported the major expenditures for the last two months.  Directors passed a motion to
receive the financial reports for the fiscal periods ending June 30 and
July 31, 2007 and to refer those reports to the Finance Committee
.

 

EXECUTIVE COMMITTEE

  • Directors
    were informed that Executive Committee members continued the discussion
    concerning UHPA’s Constitution and By-Laws compliance with Hawaii’s
    corporate not-for-profit laws.  Directors passed a motion to table the discussion.  Staff will provide the Executive Committee with the faculty count on each campus.
  • Directors unanimously passed a motion to
    approve the electronic voting of Board of Directors and Faculty
    Representative elections as a pilot program contingent upon receiving
    the NEA membership grant
    .
  • Directors met in Executive Session to consider a grievance case presented by staff.  They passed a motion to appeal the grievance case of a UH-Manoa faculty member to arbitration for violation of the disciplinary article.

 

LEGISLATIVE/POLITICAL ACTION COMMITTEES

Directors approved the motion to
purchase a Lehua table ($2,500) for the Hawaii Republican Party’s 2007
Governor Linda Lingle’s Ball scheduled for October 6, 2007 at the
Hilton Hawaiian Village Hotel Coral Ballroom
.

Directors deferred taking action to
appoint a member to the Legislative Committee since the individual was
not yet an UHPA member.

 

RECOGNITION OF OUTGOING DIRECTORS

President Tiles recognized and thanked outgoing Director L. Thomas Ramsey, who was appointed in January 2007 to fill the remaining UH-Manoa at-large position until August 31, 2007.  She also expressed her appreciation and aloha to Kauai Director James McFarland.  President Tiles announced that UH-Manoa Directors Amy Anderson and Jerome Comcowich
were not present; however, she wished to convey the Board’s
appreciation and to recognize their service on the Board of Directors.

 

RESOLUTION FOR UHPA PRESIDENT MARY TILES

 UHPA Board of Directors

Special UHPA Resolution

Recognition of Professor Mary E. Tiles

 

RATIONALE:

WHEREAS, Professor Mary E. Tiles
has been an outstanding President of the University of Hawai’i
Professional Assembly (UHPA) for five years, and has dutifully served
on the Board of Directors for eleven years;

WHEREAS, Professor Mary E. Tiles
has made significant contributions to UHPA’s sustained growth in the
areas of website development, contract negotiations, organizational
planning and improvement of our faculty support base;

WHEREAS, Professor Mary E. Tiles’
professional specialization in the Philosophy of Science and Technology
has led her, in particular, to champion and contribute to the
University’s sustainability plan;

WHEREAS, Professor Mary E. Tiles’
due diligence and dedication has been premised on doing that which is
right for the collective good;

 

RESOLUTION:

THEREFORE, BE IT RESOLVED that
the UHPA Board of Directors rise to the occasion to formally express
its sincere appreciation for Professor Mary E. Tiles’ leadership, her
professional contributions, and her dedicated service to the UHPA;

WE, FURTHER, WISH Professor Mary
E. Tiles continued success in her new initiatives on behalf of the
faculty and the University and in her distinguished academic career.

 

(MOTION unanimously approved by the Board of Directors on August 11, 2007)

 

 

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