Vaccine Mandate: Statement of Support & Demand to Bargain

below is the "Statement of Support and Demand to Bargain" sent earlier today, August 04, 2021, by President Charles Parrish to the Administration 

08/10/20 University Budget Update: Response to President Wilson

 

07/30/22 Message regarding the SOM Clinical Faculty

Message to Members on Clinical Faculty in the School of Medicine

Charles J. Parrish, President, WSU AAUP-AFT, Local 6075

On July 27th the Union sent a letter to the Administration that demanded to bargain the remarkable change in a personnel policy that had been followed for decades in the School of Medicine. The first concrete steps in implementing this new policy were taken today when letters of termination were sent to all members of our clinical faculty in the School of Medicine.

We understand that the next step will be to offer them a contract renewal that is not based on their present contracts, but will treat them as new hires who will be appointed at a half-time position at a severely lower salary base. The difference in salary is proposed to be made up for the monetary losses involved by the WSUPG, the principal faculty practice plan. This is contrary to past policies and will be destructive to the goals of the School of Medicine.

Further, it will constitute a subsidy to the WSUPG, the principal faculty practice plan. By keeping the appointment at .5 full-time equivalent, the faculty will continue to be covered at the same cost by the University health benefits program so that the WSUPG does not have to offer a similar benefit.

The Schweitzer proposal will not make up the 10% retirement salary match that faculty members presently receive from the University on their higher salary level. The base for the retirement match, given the much lower salary being offered, will also be much lower than it is under the present contract.

The Administration has responded to our letter demanding to bargain the policy changes we cited in our July 27th letter and has agreed to schedule talks with the Union. They also argue that there has been no change in personnel policy and that they have the power to proceed as they are now. We will meet with their bargaining representatives and keep you informed of the negotiations as they progress. We still have two months between now and the September 30th termination date. Let us hope that the Administration will be reasonable and we can come to a satisfactory resolution of this unfortunate situation.

Stay tuned.

Charlie

--
Charles J. Parrish
President, AAUP-AFT, Local 6075, WSU Chapter
Vice President-at-Large, AFT Michigan
President, AAUP Michigan Conference
Member-at-Large, National Council, AAUP
5057 Woodward Avenue, Suite 3301
Detroit, MI 48202
313.577.1750

07/27/20 Governor O'Brien's Response to President Wilson-Demand to Bargain

Dear Colleagues:

The following is Governor Sandra Hughes O'Brien's message to President Wilson regarding the Demand to Bargain and the situation with the Clinical Faculty in the School of Medicine.

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Date: 07/27/2020 11:39 AM

Subject: Re: Demand to Bargain -- School of Medicine Clinical Faculty

Roy, what in the world is going on? By my calculations, this is the 3rd time I've asked why your Dean is moving forward with this plan. My requests have been met with silence. The governing board has not been advised as to the strategy behind this move, despite requests. This is totally unacceptable. Perhaps my prior requests were unclear; so I'll make this quite plain...What is the purpose or strategy of a move like this? 

A Dean of a college or school has neither the power nor authority to unilaterally change the faculty salaries of an entire school/college by purposefully sidestepping the Union; ignoring the negotiated collective bargaining agreement; and deliberately concealing his intentions from the governing board. I sincerely hope that your Dean is not trying to sidestep the Union and the Board concerning faculty salaries. Schweitzer was not hired to undermine University policy and process. Violating University policies and process and attempting to sidestep or undermine our rules and regulations around the salaries of our faculty would be the surest way for a dean to find himself on the bad side of the Board and that never ends well.

Schweitzer trying to force this unilateral move makes me think that you're trying to balance the university's books on the backs of our revenue-generating clinical faculty. But I wouldn't know, because you've not kept us informed.

No compensation documents should be sent to any of our represented faculty without a negotiation with the Union under the Collective Bargaining Agreement followed by approval of any compenstaion action by the Board. No faculty member should feel obligated to sign any document that has not been transparently negotiated with the Union on their behalf under the Collective Bargaining Agreement and then submitted to the Board for approval.

Non-transparency does not work. You need to fix this now.

Thank you!
Sandy
Sandy Hughes O'Brien, Esq.

==========================
Charlie
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Charles J. Parrish

President, AAUP-AFT, Local 6075, WSU Chapter

Vice President-at-Large, AFT Michigan

President, AAUP Michigan Conference

Member-at-Large, National Council, AAUP

5057 Woodward Avenue, Suite 3301

Detroit, MI 48202

313.577.1750

07/27/20 Demand to Bargain -- School of Medicine Clinical Faculty

Good Morning, Boris:

Attached please find a Demand to Bargain regarding Clinical Faculty in the School of Medicine.

Please contact me regarding this matter.

Sincerely,

Charlie

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Charles J. ParrishPresident, AAUP-AFT, Local 6075, WSU ChapterVice President-at-Large, AFT MichiganPresident, AAUP Michigan ConferenceMember-at-Large, National Council, AAUP5057 Woodward Avenue, Suite 3301Detroit, MI 48202313.577.1750

06/22/20 Message Regarding School of Medicine Clinicians

Dear Colleagues:

Latest Administration Proposal.

It is difficult to imagine that physicians - members of a greatly esteemed profession, can be transformed into threatened and exploited employees. Yet, this is the case of the clinicians on the faculty of the Wayne State University School of Medicine (SOM).

The Failures of WSUPG Leadership.

The story of the leadership of the WSU SOM is not one of unvarnished success. In fact, it is the opposite. Most medical schools of the size of ours have over 1,000 clinicians who generate an income stream for their medical schools through their provision of services to patients. At Wayne, that number currently stands at around 300. The number of faculty clinicians at Wayne has decreased substantially over the past five years with a corresponding revenue decline that was a major factor in the bankruptcy of the Wayne State University physician practice plan, UPG. The departure of the overwhelming number of the faculty clinicians in Pediatrics to the medical school at Central Michigan has only worsened this situation. During the past five years, neither the WSU SOM nor the UPG have been attractive places for clinicians to work, and they have had problems recruiting clinicians and keeping them as employees. While the WSU UPG may have emerged from bankruptcy, its shaky financial situation has not been overcome. That Dean Mark Schweitzer announced cuts in the salaries of UPG clinicians of 20% in May, 30% in June and 50% in July is not an indicator of a stable financial situation. In any organization that finds itself in such a situation: the responsibility first falls on management.

Uncertainties in the Relationship between the SOM and UPG.

The situation of the faculty clinicians in the SOM is uncertain at best under the present situation and proposed changes. These faculty members have been paid until now from two sources: the University and the UPG (or one of the other smaller practice plans). They mostly have year-to-year term contracts with the University and a separate employment contract with their practice plans. Mostly, their contracts end in September, 2020. It was the Dean’s proposal that such faculty members be terminated on that date and be employed in the future solely by their practice plans. That plan has been superseded by a newly announced plan. The average period of service for the clinical faculty is almost two decades, with the dates of first hire going as far back as the 1970s. These faculty entered academic medicine due to a commitment to scholarship, teaching and service and have served the University for many years. The Dean’s proposals erases the basis for this and transforms our clinicians from faculty colleagues into ordinary employees of a business enterprise. Although alternative proposals have been generated in the past few days, each is likely to have the same outcome if allowed to be implemented.

Within the practice plans, employees have at-will contracts under which they can be terminated for any reason, or no reason, with only 60-days notice. In addition, there is a non-compete provision whereby if the clinician leaves or is terminated by the practice plan, she/he cannot be employed in the Metropolitan Detroit area. Moreover, the benefits in health insurance and retirement provided under the practice plans are in no way comparable to those provided by the clinicians’ present University appointments.

Latest Administrative Action.

Vice Dean for Financial Affairs, Douglas Skrzyniarz has announced that the Administration would unilaterally impose a new compensation scheme for members of our clinical faculty. There is no doubt that this would constitute a change in the salaries, terms and conditions of employment for these faculty members. There was no negotiation with the Union over these changes. The Administration has been notified that implementation of these new compensation rules cannot be carried out until they are negotiated with the Union. Our present Collective Bargaining Agreement (CBA) does not end until March, 2021. Our notice to the Administration is attached to this message.

Academic Governance.

The University gives lip service to the idea that it operates under constraints exercised by the operation of the structures of academic governance. In the WSU School of Medicine, there are regular elections to the Executive Committee of the Faculty Senate, which is made up of all faculty members on at least one-half time appointments. The Senate elects the members of the Executive Committee, which is charged to: “advise the Dean on matters of policy pertaining to the functioning and organization of the School.” Article VII of the Bylaws lays out the committees of the Senate that deal with important academic governance activities, making decisions on salary increases, promotion and tenure, advising the Dean on the finances of the School through the Budget Committee, and on Curriculum, Technology, Graduate Affairs and Research. These committees are replicated in each department to carry out similar functions at that level.

Participation in such activities of academic governance is commensurate with being a faculty member. It provides responsibility and professional autonomy. If the Dean’s proposal is implemented, all of these professional activities on the part of the affected clinicians will be lost. In addition, their critical contributions to multiple activities within the broader University mission will likewise be lost. They may no longer be professors, but could become employees of the practice plan which has no structures comparable to those of academic governance that ensure participation in the formulation of the policies.

Who has power over what?

A consideration that one must always take into account when thinking about organizations is the structure of power within them. Power in the practice plans is overwhelmingly in the hands of management. The setting of the monetary value of work units (used to compensate clinicians), the administering of patient appointments, and the general management of the delivery of patient services are all in the hands of the managers. When there is a change in policies, there is no requirement that management consult with those who are most affected by them. The reality is that, while the rationale for changing the employment situation of our clinicians is that the SOM is in a financial crisis, the result is also that it further concentrates power in the hands of the Dean. If his proposal had been adopted, every clinician would be more under his personal power. He is already in a position of dominant power through his present control of the WSUPG. But, increasing one’s control over a shrinking organization may be self-defeating in the longer run.

What Solutions Are There?

Not surprisingly, our solution is to do what good unions do: organize and represent the interests of the organized vigorously. That is the intention of the Union leadership. We have filed our objection with the Administration. We are expanding our consultation with our clinical faculty members. If the Administration is not responsive to our demand to bargain we have a number of legal remedies, and we intend to employ all of those to which we need resort. The Administration is attempting unilaterally to change the salaries, terms, and conditions of employment without bargaining them with the Union as they must. We are opposing this action on behalf of the clinical faculty members we represent.

In Solidarity,

Charlie

--

Charles J. Parrish

President, AAUP-AFT, Local 6075, WSU Chapter

Vice President-at-Large, AFT Michigan

President, AAUP Michigan Conference

Member-at-Large, National Council 

AAUP 5057 

Woodward Avenue, Suite 3301

Detroit, MI 48202

313.577.1750

 

05/21/20 Union's Response to "Serious Financial Distress"

Dear Colleagues:

Following is the response that both myself and Ricardo Villarosa sent this morning to President Wilson and the Board of Governor's regarding the University's "Serious Financial Distress" declaration:

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Dear President Wilson and Board of Governors Members:

We understand that the Administration intends to ask the Board of Governors to invoke the following provision of our Collective Bargaining Agreement (CBA), which states (Article XII.4 p. 23):

“For a maximum of three (3) times during

the period of March 20, 2016 through

March 20, 2021, upon a vote of the

University’s Board of Governors that the

University is in “serious financial distress”

the University Administration may

prospectively void the contracted across-

the-board and selective salary adjustments

for the forthcoming contract year. The

Association shall have thirty (30) days to

submit this matter to binding arbitration.”

The Union is cognizant of a provision of the CBA, in the same Article, which states that (Article XII.A, p. 19):

“In the event of an Executive Order or a 

legislative reduction of the state appropriation,

at the University’s request, representatives of the

Association and representatives of the University

Administration to discuss the impact of this

reduction and possible solutions to the problem.”

It is the position of the Union that this provision of the CBA be followed before a declaration of “serious financial distress” should be invoked by the University. To our knowledge, the University has not yet received notice of a pending Executive Order, nor of a specific legislative reduction of our state appropriation. The Board of Governors should instruct the Administration to follow this provision of the CBA and not leapfrog directly to a declaration of “serious financial distress.” It is relevant that, at the present time, we do not have reliable knowledge of the revenue from the major funding sources for the University’s General Fund [Tuition (54%), State Appropriations (34%)], and those amounts will not be known until sometime later this summer. However, so far, projected enrollment figures for the Fall Semester suggest that they are holding steady, and we may find the degree of any “serious financial distress” may be mitigated by this, and such a declaration is premature at this point.

Nor do we have any indication of the Administration’s attempt to address the issue of administrative personnel costs beyond a limited adjustment to non-represented merit increases and a temporary diversion of high-level Administration salaries to a student aid fund. Significant reductions to administrative costs should be dealt with before the Faculty and Academic Staff are asked to make additional sacrifices to the ones they have already experienced in having to switch from face-to-face classes to online teaching in the middle of the Winter Semester, and the adjustments to having to adapt beyond the necessary work from home requirements. As the front lines of the core academic mission of the University, Faculty and Academic Staff initially made it possible for students to complete a Winter term by shifting to remote instruction and delivery of all academic and co-curricular support and engagement. They continue to contribute by preparing to meet the challenges of Spring, Summer, and Fall with all of the creativity and flexibility that are required to achieve a successful return to campus in whatever forms that entails.

We ask that the Board instruct the Administration to agree to begin talks with the Union after an Executive order or a reduction in our state appropriation takes place. These talks should be “to discuss the impact of this reduction and possible solutions to the problem.” Any further action related to the financial situation for the coming year should be deferred at this time pending further knowledge of the financial situation of the University. In addition, the sacrifices that have already been made by the Faculty and Academic Staff should be matched by the Administration before any request for further sacrifices be made to the Faculty and Academic Staff of the University.

I have attached this message as a memorandum, as well.

Sincerely,

Charles J. Parrish, President

Ricardo Villarosa, Chief Negotiator

AAUP-AFT, Local 6075

Wayne State University Chapter

--

Charles J. Parrish

President, AAUP-AFT, Local 6075, WSU Chapter

Vice President-at-Large, AFT Michigan

President, AAUP Michigan Conference

Member-at-Large, National Council, AAUP

5057 Woodward Avenue, Suite 3301

Detroit, MI 48202

313.577.1750

05/18/20 Bargaining Unit Update

Dear Colleagues,

It is seems like much longer than just two months since our first message about our Demand To Bargain the changes that have been necessary to adjust and adapt to the challenges presented from COVID-19, and the rapid move to remote teaching, learning, and other operations. Our members have helped ensure completion of the Winter term, grading, advising, and other vital student support, and celebrating our most recent graduates. Through our members’ collective efforts and willingness to go above and beyond in countless ways, we ensured the core mission and activities of the University were effectively served.

With the announcement of the nine Restart Committees by President M. Roy Wilson, many expressed concerns over the lack of Faculty and Academic Staff representation on the committees. President Wilson’s approach was to appoint, overwhelmingly, administrators as the members of these committees. A few Faculty members were appointed by the Administration to represent the Faculty and Academic Staff. This continuing pattern of picking the representatives of the Faculty and Academic Staff, rather than asking the Academic Senate and the Union to appoint their own representatives to these bodies, is deeply troubling. The Union and the Academic Senate objected to this. During the May 6th meeting of the Academic Senate, President Wilson acceded to their demands, and representatives appointed by them eventually became members of these committees. The complete listing and rosters for the Restart Committees, with your Union representatives identified, are available at the following link: https://wayne.edu/coronavirus/campus-restart.

While representation of the Union on these committees is an improvement to the process, it is not a substitute for the direct bargaining that we are ensuring continues with the Administration as we move through the Summer and approach the Fall. As the Restart Committees attempt to establish broad guidelines for phased return to campus in the coming weeks and months; they must also address the complex array of uncertainties for health, safety, enrollment, and external regulations that continue to evolve rapidly. These circumstances will call for continued extraordinary efforts on the part of our individual members, and the Union collectively. For Faculty, the need to plan for the flexibility to teach in one of the many options from limited face-to-face, remote, hybrid, with synchronous or asynchronous components--and being able to shift during the semester if conditions change again. Academic Staff continue to shoulder increases in scope, quantity, and complexity of their advising and support of current and incoming students throughout the Summer and into the Fall.

Although the charge of the Restart Committees is to set broad guidelines for campus, the detailed planning and implementation will rely on schools, colleges, divisions, and departments. To be successful, this structure requires local shared governance participation by Faculty and Academic Staff members who are most knowledgeable about the specific needs and solutions for each area and discipline. Please reach out to chairs, supervisors, and deans to ensure that your voices are heard in those local decision processes. 

The Administration leadership has publicly acknowledged the significant contributions and sacrifice that our members have made and continue to make. However, it needed strong action by the Academic Senate and the Union to get a place at the table in the process of setting the restart policies for the University. As your Union representatives, we continue to work on your behalf to ensure safe and equitable conditions for our shared work; and to assure the preservation of the hard-won benefits and rights in our Collective Bargaining Agreement. We cannot do this effectively without your support and personal efforts in your own units. Please continue to reach out to your Union Council Representatives or directly to the Union Office team with questions, concerns, or successful practices that may be shared. As stated previously, we offer opportunities for small 'pop-up" membership Zoom meetings. Several departments and other groups have participated in the past month. As always, our strength comes from our collective efforts and support for each other.

In Solidarity,

Charlie Parrish, President

Ricardo Villarosa, Chief Negotiator

Michelle Fecteau, Executive Director

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AAUP-AFT, Local 6075

Wayne State University Chapter

5057 Woodward Avenue, Suite 3301

Detroit, MI 48202

313.577.1750

office@aaupaft.org

03/18/20 COVID-19 Discussions between Union & Administration

Dear Colleagues,

Last Thursday, the Union presented a Demand to Bargain[1] to the Wayne State University Administration. The purpose of the Demand was to formally bring the Union and Administration together, on behalf of our members, to work together as the University transitions to serving our students remotely during the COVID-19 pandemic—while protecting the safety and rights of our members.

The challenges we face in this unprecedented rapidly dynamic period of change require collaborative and innovative efforts from the entire WSU community. While our members continue to contribute to the large number of efforts being undertaken to ensure continuity of teaching, advising, and supporting our students, your Union representatives have begun negotiating with the Administration on your behalf. As we have observed, changes are coming on daily (if not hourly) basis. Below is a brief summary from recent days:

On Monday we, myself, our Executive Director, Michelle Fecteau and Ricardo Villarosa, our Chief Negotiator for the upcoming collective bargaining negotiations met in a conference call with senior WSU officials, including Carolyn Hafner, Interim Director of Human Relations, and Boris Baltes, Associate Provost for Academic Relations—and representatives of other unions.

We discussed a number of issues that have been raised by the actions, the WSU COVID-19 web site and other announcements, related to the dramatic actions that have been taken to address the challenges presented by the closures at the University. We raised issues related to the safety and rights of our members in this time of transition in University operations. Ms. Hafner willingly agreed to adjust the administrative language related to these matters on issues that we raised. Since that group meeting, we have continued to work directly with the Provost’s Office, to ensure consistent communication and implementation of the negotiated changes as they occur.

Ultimately, our members, faculty and academic staff who must work with students remotely, and others on a face-to-face basis, must have the technical support to carry out their responsibilities. Academic staff must be enabled to reasonably establish the terms of their work-at-home situation with their supervisors. Faculty who are shifting mid-semester to online delivery of classes must be supported with regard to assessment tools, such as SETs, and related peer/administration evaluation practices. Other discussions have related issues arising from disruptions to research activities for faculty members. We are in ongoing discussions with the Provost’s Office in relation to protection against arbitrary administrative actions by individual supervisors in these negotiations.

As matters progress, we will work to provide updates of issues that will affect us all. During these days the Union office will be staffed only sparingly as we will be working from home much of the time. However, we will monitor our emails and will continue responding as promptly as possible to any inquiries that we receive.

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[1] When the Wayne State University Administration ordered that the Spring Break would be extended a week and that all classes would cease meeting in person, and be taught online, the Union issued a demand to bargain the terms and conditions of employment that would affect the members of our bargaining unit. The demand to bargain is a formal mechanism used when an Administration acts unilaterally in matters that are legally mandatory subjects of bargaining. In other words, it forces the Administration to negotiate changes with the Union—even in rapidly changing dynamic situations.

Charles J. Parrish

Professor, Political Science

President, WSU AAUP-AFT Local 6075

Vice President At-Large, AFT Michigan

Michelle Fecteau

Executive Director

AAUP-AFT Local 6075

Ricardo Villarosa, Esq.

Grievance Coordinator & Chief Negotiator

AAUP-AFT Local 6075