Musto’s Road Show: Saying farewell to faculty after 35 years

By UHPA President David Duffy.

It may have been Friday the thirteenth, but it was all good for the 80 faculty who showed up for the last stop on JN Musto’s farewell tour of the University system at Manoa Gardens. The drinks were free but the bar line was long, although the pupus and the conversations made the wait more palatable.

At the end of the gathering, about 40 remaining faculty gathered to hear JN talk about his time with the union. JN said that UHPA came out of chaos but over time has matured, with the faculty rising to the challenge when needed. He leaves a strong staff and a strong successor, Kristeen Hanaelman, as Executive Director.He reminded the faculty that though they are the heart of the university it is connections to the public that make UHPA and UH strong, so we must continually maintain and strengthen our roots in the community. Kris then took a few minutes to talk about her background and about her vision of UHPA going forward. We have faced major challenges in the past, we will face major challenges in the future, but UHPA will move forward, protecting its members and strengthening the university.

Legislative Update for March 2015 by John Radcliffe

There have been 197 bills introduced in the 2015 Legislative Session that have to do with the University system, UHPA, or related subjects.

Of those, many have had to do with some aspect of the University that makes someone upset about something.  Some have to do with other more mundane subjects.  However, the main thing for our members to understand is that many of these legislative proposals are intended to  “send a message” to UH officials.  Of the 197 bills introduced (a lot for a single agency of government) 176 are already dead for this Session.  They are still “out there,”  they do not really die until the end of the 2016 Session, but for right now, they will have served their purposes.  in that  the “message has been sent.”

The message is, generally, “Shape up!”

There are 21 bills remaining:

  • HB 475 Appropriates money for positions and material to comply with Title IX and the Violence Against Women  Act.
  • SB 387 Establishes an affirmative consent task force to review and make recommendations on the University’s  executive  policy on domestic violence, sexual assault and stalking.
  • SB 546 Requires UH to provide nonsupervisory employees in blue collar jobs with the same educational benefits provided to faculty.
  • SB 1208 Authorizes the ERS Board to hold closed door meetings to discuss matters.
  • HB 1356 Establishes a rate stabilization fund that will cap employer contributions to the EUTF on the unfunded liability once the balance of the fund reaches $2 billion.
  • HB 543  Requires the State Auditor to audit faculty workload one year prior to the  expiration of the UHPA contract.
  • HB 553 Establishes a UH graduate assistant collective bargaining unit.
  • SB 638 Also establishes a UH graduate assistant collective bargaining unit.
  • HB 285  Establishes a JABSOM scholarship program for MD’s in exchange for five years of state service.
  • HB 354 Requires licensed registered nurses and practical nurses to submit evidence of completed continuing competency requirements.
  • HB 493 Appropriates funds for a permanent, full-time faculty position within the UH Center for Aging.
  • HB 540 Extends sunset provisions with respect to UH accounting and fiscal management.
  • HB 541 Requires each UH campus to prepare an operations plan relative to Tuition and fees.
  • HB 544 Requires BOR to study the feasibility of selling or leasing the UH Cancer Center.
  • HB 547 Directs the UH to explore administrative   that will increase on-time graduation.
  • HB 1509 Requires UH to  establish a goal to become net-zero energy efficient by 2035.
  • SB 160 Requires UH  to transfer various unencumbered special fund balances to the state’s general fund.
  • SB 262  Continues the Nursing Facility Sustainability Program
  • SB 314 Appropriates money for CTHAR Extension Service
  • SB 1144 Clarifies that the State Ethics Code shall not apply to faculty and others engaged in technology transfer activities.
  • SB 1146 Requires the UH BOR to submit program reports to the Legislature quarterly. Extends the UH authority for independent management for an additional year.

 

FacFAQs: Sabbatical Policy vs. Contract

Realizing she may never get timely information from her campus Human Resources office, Nora, a 9-month Instructional faculty member at ‘Āhinahina Community College, has decided to start researching Sabbatical information online herself. She noticed a discrepancy between policy and the UHPA faculty contract.

She discovers that Policy A9.400 states that faculty must return to service at UH for one year, with item 6 stating that “Employees who fail to return to service subsequent to a sabbatical leave or who do not complete one year of service subsequent to a sabbatical leave are required to reimburse the University all compensation received during the leave period,” and that faculty must sign a statement acknowledging this. Clearly, based on this policy, the return service must be one year regardless of the duration of the Sabbatical.

However, if the sabbatical leave period is only 6 months, the current contract only requires a return service requirement of 6 months.

Nora is puzzled. Which is correct?

 

Answer:
Thankfully, the UH administration is currently in the process of updating the Administrative Procedures, after working on the Board of Regents policies and the Executive Policies.  As it pertains to any policy issued by the administration or the BOR, the substance is always subject to the language of the collective bargaining agreement (i.e., the UHPA/BOR Agreement takes precedence when there is any conflict of “discrepancy.”)  In this particular case regarding sabbatical leave, it was more than a decade ago that UHPA negotiated the change from BOR policy currently in the contract so that the obligation to return was for not more than period of the leave.  The administrative policies simply haven’t caught up yet.

Claim your free $20,000 in Group Term Life Insurance

As a benefit of your UHPA membership, you  automatically receive $20,000 in Group Term Life Insurance coverage at no cost to you.  You do not have to choose this coverage – you automatically receive it as a UHPA Member.  However, you do need to designate the beneficiary on your policy.  If you have not yet designated a beneficiary you can complete it online:

If you would like more information on this benefit, and information on purchasing additional coverage for yourself, or coverage for your spouse and/or dependent children:

This fabulous benefit is for UHPA Members. You must have explicitly filled out a membership card to join.

FacFAQs: Will Proposed Budget Cuts Undermine our Next Contract?

Lenny was perusing a Star-Advertiser article published on March 13th, 2015 titled “Panel trims $72M from UH Budget,” where he was suprised to read President Lassner quoted as saying the $72 million cut made by the House Finance Committee could “hurt operations.” Now he’s a bit worried about his raise. How will this affect implementation of the 2015-2017 contract?

Answer:

Don’t believe the hype. The additional cost of the collective bargaining settlement is part of the Executive Budget, and therefore remains unaffected by this cut in the Board of Regents’ proposed UH budget. Lenny can go ahead and plan that trip to Borneo next year during Spring Break.

SB 1011, SD 1, HD 1, Relating to Collective Bargaining.

The House Committee on Judiciary
Tuesday, March 24, 2015
2:00 p.m.

SB 1011, SD 1, HD 1, Relating to Collective Bargaining.

Dear Chairperson Rhoads and Committee Members:

The University of Hawaii Professional Assembly (UHPA) has long advocated for changes in the Hawaii bargaining statute that would allow EUTF contributions to be subject to impasse procedures including arbitration or strike as provided for each respective public sector bargaining unit.

The current amended measure has placed language within that would remove the American Arbitration Association (AAA) as the party that conducts the process for selection of a neutral third party when arbitration is sought. The AAA is a long established organization known for its integrity in working through a process which there can be difficulty for all parties. The current amendment, which replaces AAA with Hawaii Labor Relations Board (HLRB) contains no standards for selection and impartiality. When arbitration is needed it may require expertise and skills not necessarily found in the state. The amendment may, in fact, diminish the quality and fairness of the arbitration process.

UHPA encourages the Committee to return to the original SB 1011 proposed measure that maintains the current statutory provisions that require use of the American Arbitration Association.

Respectively submitted,

Kristeen Hanselman
Associate Executive Director

HB 1356, Relating to Unfunded Liabilities.

The Senate Committee on Judiciary and Labor
Tuesday, March 24, 2015
9:25 a.m.

HB 1356, Relating to Unfunded Liabilities.

Dear Chairperson Keith-Agaran and Committee Members:

The University of Hawaii Professional Assembly (UHPA) is opposed to the measure HB 1356. It appears to be in conflict with Act 268 which was formed to establish a fiscally viable approach to providing health care to public employees.

UHPA urges the committee to defer this measure.

Respectively submitted,

Kristeen Hanselman
Associate Executive Director

HB 1370, HD 1, Relating to Divorce.

The Senate Committee on Judiciary and Labor
Friday, March 20, 2015
9:15 a.m.

HB 1370, HD 1, Relating to Divorce.

Dear Chairperson Keith-Agaran and Committee Members:

The University of Hawaii Professional Assembly (UHPA) has reviewed the proposed measure. Of concern is the high cost attached to the changes necessary to the existing data/accounting of Employees’ Retirement System (ERS) to obtain the modifications sought in the proposal. The lack of appropriations to address the antiquated nature of the current data system is of concern. The impact of any change is then borne by ERS and must be built into the existing liability and operational costs of the agency.

UHPA requests that this measure be deferred.

Respectively submitted,

Kristeen Hanselman
Associate Executive Director

Faculty Op-Ed: Political Inaction No Longer a Luxury

By Karla Hayashi

Political activism was probably not the reason why most of us earned our degrees and found our place here at one of the University of Hawai‘i campuses. We got here initially because of our passion for our academic discipline, desire to share that passion with students in the classroom, and opportunities to engage in research and other professional activities which we believed would benefit our students, campuses, community, and profession. Now more than ever, however, we also need to become politically engaged and active.

Most of us have been fortunate to carry out our work with relatively little disruption or chaos as a result of thoughtful and strategic decisions by UHPA’s Executive Director and Executive staff members. Yet now more than ever, political activism is required of us. Each new legislative session brings bills that can negatively impact our students who we work to educate, inform, and inspire to be and do better than when they first arrived on our respective campuses.

Some legislation has been in response to questionable decisions or actions by UH administrators. The impact of that legislation, however, can threaten the students and work we carry out in our individual classes and which could take years or decades to recover from, if ever. Recently deferred House Bill 555 is an example of this kind of legislation which, if passed, would have gutted the Languages and Literature of Europe and Americas department, among others. Eliminating so many language programs in one fell swoop would threaten the ability of many undergraduate students to obtain the required one or two languages needed to pursue graduate degrees. That bill, if passed and signed into law, might have reduced some of the financial challenges UH is facing, but at what long term cost to the undergraduate education of our students who choose to remain in-state for their higher education? What did they do to deserve this kind of legislation? Thankfully HB 555 was met by an organized group of students and educators who saw the danger of this bill and who moved in a coordinated way to voice their objections. HB 555 was deferred and hopefully is unlikely to be resuscitated this session.

The threat of legislation like HB 555, however, does not disappear at the end of this legislative session.

Bills like HB 555 and others are why it is vital now, more perhaps than ever, that we all become politically active in some way. This political activism can take many forms.

You can be politically active and engaged by regularly checking UHPA’s Legislative Action Center. This new feature on UHPA’s website identifies and summarizes the bills UHPA is tracking and can educate members about various issues we may not always be aware of within the isolation of our individual department and campus units.

You can also take a few minutes to contact your legislative representatives to let them know your thoughts about bills they introduced or which they may eventually vote on by submitting testimony.

You can consult with UHPA Executive staff to find out how you and other members can organize and carry out actions that help legislators and elected officials understand what we think about their efforts to address the numerous challenges facing the university. They need to hear our voices and be educated about how their legislation will impact our ability to educate students who we all hope will become engaged citizens making thoughtful evidence based decisions which will impact our community as well as future students who attend the University of Hawai‘i long after we leave our posts.

Sitting quietly on the side assuming someone else will do something or deliberately choosing not to engage in political discourse is no longer a luxury we have. Our students, their future, and our ability to educate them objectively and thoughtfully depends on your political activism.

HB 553, HD 1, Relating to Collective Bargaining.

The Senate Committee on Higher Education and the Arts
The Senate Committee on Judiciary and Labor
Tuesday, March 17, 2015
2:00 p.m.

HB 553, HD 1, Relating to Collective Bargaining.

Dear Chairpersons Taniguchi and Keith-Agaran and Committee Members:

The University of Hawaii Professional Assembly (UHPA) urges the committee to support passage of this proposed measure by amendments to the Hawaii Revised Statues Chapter 90 that will advance the interests of graduate assistants. These employees are essential to instruction and research that contribute to the overall success of the University of Hawaii. Graduate Assistants are employees in the full sense of the term with continuing access to positions based on job and academic performance.

UHPA supports the rights of graduate assistants to organize and collectively bargain. Such a right is consistent with the labor tradition in our state and is compatible with an academic environment whereby the majority of employees have access to representation.

Respectively submitted,

Kristeen Hanselman
Associate Executive Director