Collective Bargaining Updates

Posted August 8, 2012

• Today, at a special meeting of the Kent State University Board of Trustees, the Board unanimously approved the tentative agreement that was reached by the University and AAUP-KSU through the collective bargaining process.
• Detailed information about the agreement will be provided to Deans, Chairs and Directors in future meetings with the Provost.
• A copy of the entire agreement is available at: http://www.kent.edu/about/administration/hr/labor/upload/AAUPTTCBA2012.pdf.
• Thanks to all who have followed the progress of negotiations on this website. If you have any feedback about the website or the postings provided here, please send your comments to the Office of Faculty Affairs (saveril2@kent.edu).
• Again, thanks for your support and all the best for a successful and productive academic year!

Posted July 20, 2012

• AAUP-KSU has notified the University that its membership has ratified the Tentative Agreement that was developed during the bargaining process and finalized in recent weeks.
• According to information provided by AAUP-KSU, the Tentative Agreement was accepted by a vote of 93.03% in favor of ratification, with 78.62% of the members voting.
• The next step in the ratification process is for the University’s Board of Trustees to vote on the tentative agreement.
• The Board is expected to vote on the Tentative Agreement at a special meeting during the early part of August.
• As soon as the Board approves the Agreement, the University will distribute information about implementation of new and modified provisions of the Agreement to management personnel.

Posted May 10, 2012

• Today the University and AAUP-KSU reached agreement in principle on all economic and non-economic issues for a successor Collective Bargaining Agreement.
• This process, which began on April 27, 2011, has resulted in a tentative agreement that is beneficial to both the Faculty and the University and will provide stability for both parties during the next three years.
• Over the next few days, the parties will finalize the language of all Articles and Memoranda of Understanding and present the new CBA, in its entirety, to their respective constituencies for the ratification process.
• Specific details about the tentative agreement will be provided to management personnel soon.

Posted May 8, 2012

• The University and AAUP-KSU bargained again today.
• AAUP-KSU offered counter proposals on Article XII (Salaries), Article XIII (Medical Benefits), Article VII (Grievance and Appeals Procedure and the section on Faculty Handbooks which is included in Article VI (Governance).
• AAUP-KSU’s counter proposal on salary shifted the amounts available for Faculty Excellence Awards in some years of the agreement and a change in the percentage of faculty who would be eligible to receive Faculty Excellence Awards. Their latest proposal on medical benefits included minor revisions to the percentage of employee contributions, a provision on the calculation of the contribution tiers; and, without medical necessity, a $100 cap on brand name medications when a generic equivalent is available.
• In an effort to finalize the section on Faculty Handbooks, the University asked AAUP-KSU for a copy of a document that AAUP-KSU believes clarifies some of the issues. After the AAUP-KSU was unable to locate the document, the parties agreed to adjourn the session.
• The next bargaining session is scheduled for May 10, 2012.

Posted May 4, 2012

• In a recent communication to its members, AAUP-KSU made two points about the last bargaining session. The University is providing this information to its management personnel in an effort to clarify these issues.
• The University’s position on Faculty Excellence Awards (“meritâ€) –
• • Merit will be the stated percentage of the total faculty salary pool with (i) 50% of that amount allocated to each academic unit and regional campus on a pro rata basis and (ii) the other 50% of the amount allocated to each academic unit and regional campus on a pro rata basis to be distributed by the Deans.
  • In a year with a 1% pool, the minimum award would be $1,000. In a year with a 2% pool, the minimum award would be $2,000.
  • Academic units and regional campuses would transmit their recommendations, together with the rationale (based on the academic unit’s criteria) for the recommended distribution to each faculty member to the Dean. If the rationale provided for the distribution is consistent with the unit criteria, the Dean will accept the department’s recommendation.
  • The Dean will then make recommendations on the remaining 50% allocated to each academic unit or campus. The Dean’s recommendation is independent of whether a faculty member received a recommended distribution from the academic unit or campus.
  • Merit adjustments will be made by March 1 of the academic year and will be retroactive to the beginning of the academic year.
  
  

• The University’s position on the approval of department handbooks –
• • The University is not seeking a change in the current approval process for department handbooks.
  • The current CBA states the following: “In reviewing handbooks or proposed revisions to handbooks, the Dean may request revisions before lending final approval. If these revisions are not adopted at the department level, the Dean shall consult the College Advisory Committee with regard to the provisions in dispute before making a final determination and certifying final approval of the handbook.
  • The University’s current proposal includes the following: “The Department’s section of the Faculty Handbook and any revision thereto shall be subject to final approval by the Dean. The Dean may request revisions before giving final approval and the Dean shall consult with the CAC before making a final determination on any provision in dispute before certifying final approval of a Department/School’s section of the Faculty Handbook.â€
  • The University has always believed that the current language provided Deans the authority, exercised or not, to review department handbooks and suggest revisions and, if provisions of the handbook remain in dispute after the Dean requests revisions, he/she must consult with the CAC before making a final determination and certifying final approval of the handbook. AAUP-KSU disagrees with that interpretation and has proposed removing the Dean as the final approver of a department handbook.
• The University’s last salary proposal includes a possible 12% (both across-the-board and merit increments) to base salary over the life of the agreement. The details of this proposal, year-by-year, were included in our Management Update on May 1.
• The bargaining teams are scheduled to meet again on May 8, 2012.

Posted May 1, 2012

• The University and AAUP-KSU continued bargaining today. The session lasted from 1:00 p.m. until 8:40 p.m. The University intended to continue this session until an agreement in principle was reached on all outstanding issues.
• After two formal discussions at the bargaining table during which each bargaining team presented a revised package proposal, the chief negotiators exchanged a series of “supposals†in side bar conversations throughout the evening.
• The University’s final salary proposal included 12% to base pay (across-the-board and merit) over the life of the contract with the following specifics:
• • AY 2011-12: 2% across-the-board retroactive to Fall 2011 and promotion increments in full and retroactive to Fall 2011.
  • AY 2012-13: 2% across-the-board, 1% Faculty Excellence Awards (“merit") with no contingencies and a minimum award of $1,000.
  • AY 2013-14: 2% across-the-board, 1% Faculty Excellence Awards with contingencies linked to maintaining the total of SSI and tuition of the previous year and a minimum award of $1000.
  • AY 2014-15: 2% across-the-board, 2% Faculty Excellence Awards with contingencies as in AY 2013-14 and a minimum award of $2,000.
    
• At approximately 8:30 p.m., AAUP-KSU informed the University that this salary offer would not bring bargaining to closure without changes to the current contract (2008 CBA) language on faculty handbooks and an agreement to continue the way Faculty Excellence Awards have been distributed in the past.
• The University was surprised by AAUP-KSU’s response, and the University believes a fair, comprehensive package that is in the best interest of the faculty and the University has been left on the table.
• The next bargaining session is scheduled for May 8, 2012 pending the court reporter’s availability and agreement on alternate rooms.

Posted April 27, 2012

• The University and AAUP-KSU met today for another bargaining session.
• AAUP-KSU did not respond to the salary proposal that the University offered at the last meeting.
• At AAUP-KSU’s request, the University presented additional information about the University’s current fiscal situation, including costs related to deferred maintenance on our facilities and the $13 million cut in SSI from the state this year.
• The University and AAUP-KSU spent a significant amount of time discussing the proposals that the parties have exchanged on handbooks. The parties continued their attempts to define the role of the university-wide faculty handbook; what topics each academic unit and campus would include in the handbook; and, what impact the proposed reconfiguration of the handbook would have on academic units and campuses.
• The University explained to AAUP-KSU that the proposed reconfiguration is not intended to limit shared governance; nor, is it an attempt of the administration to take over the curriculum as was recently reported in the Daily Kent Stater; nor, is it intended to change the culture of an academic unit. The University’s proposal is intended to create a more simple and transparent process for the creation, review and approval of faculty handbooks.
• The next bargaining session is scheduled for May 1, 2012.

Posted April 25, 2012

• Bargaining continued today between the University and AAUP-KSU.
• Since the last bargaining session, the University has offered two different salary proposals.
• The proposal currently “on the table†includes the following:
• • In 2011-12, 2% across-the-board retroactive to Fall 2011 and promotion increments paid in full and retroactive to Fall 2011.
  • In 2012-13, 2% across-the-board.
  • In 2013-14, 2% across-the-board and 1% for Faculty Excellence Awards (“meritâ€).
  • In 2014-15, 2% across-the-board and 1% for Faculty Excellence Awards.
  • In 2013-14 and 2014-15, Faculty Excellence Awards would be distributed by the Deans (Kent and Regional Campus) after due regard and consideration of recommendations from the academic unit faculty advisory committees and unit administrators, as applicable. The Awards would be limited to a certain percentage of the faculty members in each year (the proposal currently mentions 25%) who have been deemed meritorious in their performance (Research/Creative Activity and Teaching/University Citizenship) by their colleagues, unit administrators and Deans.
• The proposal limits increases in employee contributions to health care premiums to 16% in 2012-13 and 17% in 2013-14 and 2014-15.
• Lastly, faculty members would be able to use up to fifteen (15) days of sick leave as paid parental leave after the birth or adoption of a child while a commission appointed by the President studies “best practices†on this issue and makes recommendations. The University believes that the implementation of a policy on this issue should apply to all University employees.
• This salary/benefits proposal was made contingent on AAUP-KSU’s acceptance of the language items in the package proposal that the University offered on April 10, 2012.
• The next bargaining session is scheduled for April 27, 2012.

Posted April 10, 2012

• The University and AAUP-KSU met for a bargaining session today.
• The University presented another package proposal which included Articles VI (Governance), Article VII (Grievance and Appeals Procedure), Article IX (Faculty Workload), Article XI (Promotion, Tenure and Reappointment), Article XII (Salary), Article XIII (Medical Benefits), Article XIV (Other Benefits), Article XVIII (Faculty Professional Development) and Article XX (Distance Education).
• Specifically, the University’s package addressed (i) the selection of an Interim Chair from a maximal list of candidates (no less than three) who are willing to serve and are deemed acceptable by the FAC; (ii) FAC/CAC/FC consultation on the appointment of distinguished ranks; (iii) retroactive salary increases, no increase in health care contributions for academic year 2011-12, and a Faculty Excellence Awards (“meritâ€) component if the Collective Bargaining Agreement (CBA) continues through the 2014-15 academic year; (iv) minimal increases in parking for each year of the CBA; and, (v) the ability of faculty members to elect not to teach a course in DL format if the University has the flexibility to staff the course with another qualified faculty member of its choice. This package also included a comprehensive revision to the University’s previous proposal on faculty handbooks.
• After a caucus, AAUP-KSU (i) questioned the University about the distinction between an “Acting†and “Interim Chair; (ii) requested additional time to review the University’s latest proposal on faculty handbooks; (iii) expressed dissatisfaction with the University’s offer on salary and benefits; (iv) indicated a willingness to consider extending the collective bargaining agreement through academic year 2014-15; (iv) reasserted the request for paid parental leave; and (v) acknowledged a change in the University’s position on distance education.
• The next bargaining sessions are scheduled for April 25 and April 27, 2012.

Posted April 4, 2012

• Recently the Akron Beacon Journal published an article which discussed the current contract negotiations between the University and AAUP-KSU (http://www.ohio.com/news/local/ksu-faculty-unhappy-about-negotiations-1.287565).
• Those of you who have been through negotiations know that collective bargaining is a complicated, multi-faceted process that occurs over a significant period of time. Numerous proposals are exchanged, discussed and, in many ways, develop and draw their essence from that process. Unfortunately, when the bargaining process is reduced by the media into fragmented components of a larger dialogue, and these fragments become the emphasis of a newspaper article, most readers are guided to an inaccurate vision of the larger and overall contextual picture.
• At recent bargaining sessions, the University and AAUP-KSU have been exchanging “package†proposals of the remaining issues that are still under discussion. The major areas of negotiation remain discussions of salaries, benefits, contract duration and its impact on retroactivity, faculty handbooks and the jurisdiction of an arbitrator in reappointment, tenure and promotion decisions. At this stage in the process, it is not unusual for bargaining teams to put a time frame on acceptance of their package in order to bring the process to closure. It is also not unusual for bargaining teams to present a package as a whole with little room for the negotiation of the individual items in the package.
• It appears that there may be confusion about the payment of promotion increases that faculty members earned last year. The University is committed to pay those increases in an amount no less than the increments included in the 2008 Collective Bargaining Agreement (CBA). When the final amounts are determined for 2011-12 and the contract is settled, promotion increments will be paid in full and retroactive to Fall 2011.
• The University believes that it is premature for AAUP-KSU to consider seeking a strike authorization vote or authorizing informational picketing given the significant progress that has been made in negotiations so far. In some ways, such actions can have a negative impact on the progress and momentum that the teams have created in the collective bargaining process. We are committed to continued dialogue with AAUP-KSU on all remaining issues until agreement is reached on a new CBA.
• The next bargaining session is scheduled for April 10, 2012. Please check this website regularly for the most current information about negotiations.

Posted March 28, 2012

• The bargaining session for today was canceled by mutual agreement.
• The University and AAUP-KSU are identifying dates for future bargaining sessions.

Posted March 23, 2012

• Bargaining continued today.
• AAUP-KSU presented a response to the package proposal that the University presented at the last session.
• The University and AAUP-KSU continue to narrow and define the issues in the hope of reaching agreement on a final contract. Several topics still under discussion in addition to salary and benefits include (i) faculty handbooks; (ii) distance education; (iii) an arbitrator’s authority in reviewing substantive academic judgments; and (iv) priority for summer assignments on the regional campuses.
• In contrast to a recent communication from AAUP-KSU to members, the University believes that bargaining on a number of difficult issues in these challenging economics times has progressed in a productive and professional manner. AAUP-KSU’s statements that “the administration’s approach suggests a total lack of regard for the role of the Faculty in the institution†and “the administration’s reluctance or inability to explain the specific reasons for their proposals on some of the issues†do not accurately reflect the progress that has been made by the parties to this point in time.
• Although collective bargaining is an adversarial process by nature, the University does not view bargaining as a “winning and losing†of issues but as a process by which the University and AAUP-KSU can come to agreement on a collective bargaining agreement that will well serve both the faculty and the University.
• The next bargaining session is scheduled for March 28, 2012.

Posted March 20, 2012

• Today, the University and AAUP-KSU scheduled time to meet for a long bargaining session.
• Since the last formal bargaining session, the University and AAUP-KSU have been working on “packaging†the remaining unresolved issues into comprehensive proposals which, when combined with the tentative agreements achieved so far, would bring the negotiation process to closure.
• On March 12th, AAUP-KSU transmitted a package proposal to the University. Today, the University presented its response, which was also in the form of a package proposal.
• In addition to agreeing to many of items in AAUP-KSU’s package, the University’s proposal included significant modifications of some of its previous proposals (e.g., salary and benefits, faculty handbooks).
• Throughout the University’s presentation, AAUP-KSU voiced displeasure with various aspects of the University’s response. Then, after a brief caucus, AAUP-KSU informed the University that “this is going to take a long time†and that we should “go home†and reconvene on Friday.
• Recently, a fact-finders report was issued and accepted by the University and the AFSCME bargaining unit which successfully completed negotiations on a new three-year deal for that employee group. A summary of the fact-finder’s recommendations can be viewed here and a copy of the fact-finders report can be viewed here. As the University has historically offered the same salary increases and benefits plan to all employee groups, this report has provided the basis for changes in the University’s initial proposals on salary and benefits.
• The next bargaining session is scheduled for March 23, 2012.

Posted March 2, 2012

• Recently, AAUP-KSU sent a communication to its members concerning the University’s proposals on Article XII (Salary) and Article XIII (Medical Benefits). While the description of the University’s initial proposals in these articles is correct, the communication does include an incorrect statement. The communication alleges that President Lefton received a 3% across-the-board raise this past year. This statement is incorrect. As you know, all unrepresented employees at the University, including the President, received an across-the-board salary increase in 2011 of 1.5%.
• Also in this communication, AAUP-KSU’s characterization of the University’s proposal on employee contributions for health care is misleading. Currently, KSU’s 3,400 benefits-eligible employees pay an aggregate 13.74% of the University’s cost for health care which is spread over a twelve-tier structure based on salary. Employees in the lower tiers pay a lower percentage and those in the higher tiers pay a higher percentage. The University has proposed increasing the aggregate percentage by 2% in each of three years within the same salary-based twelve-tier structure. Employee contributions currently range from 6.5% - 22.0% of the University’s cost for health care. Increasing the aggregate contribution level to 15%, employees would make contributions of 7.5%-25.0% in the first year.
• The AAUP-KSU communication also suggests that the University has “no intention of agreeing to paid parental leave in the contract.†This statement is misleading concerning the University’s position on this issue. The University believes that contractually-mandated paid parental leave for faculty which only appears in their collective bargaining agreement would be unfair to other employees and that this issue should be addressed from a University-wide perspective.
• The University respects AAUP-KSU’s right to communicate with its membership during negotiations. We believe, however, that it is unfortunate that these inaccurate and misleading statements were distributed. The University has elected to address these statements at this time so that management personnel will be able to respond to any questions that they may receive about these issues.
• The University is committed to reaching agreement on a successor collective bargaining agreement with the tenured and tenure-track faculty who are represented by AAUP-KSU and we will continue to meet with them in good faith to bring this process to closure.

Posted February 29, 2012

• The University and AAUP-KSU met today for another bargaining session.
• As a follow-up to the University’s last proposal Article XIII (Health Benefits) and in response to AAUP-KSU’s request, the University presented information on Health Plan Cost Trends (2006-2015); an overview of medical claims since 2008 for Medical Mutual and Anthem; data on dental plan cost-sharing (2008 – 2015); cost projections from Medical Mutual; and, a 2012 national health plan cost trend survey.
• Discussion focused on the following issues: (i) an expected increase of $20M over the next four years in the University’s cost to provide health care benefits at current levels; (ii) the overall quality of the University’s health plan; (iii) a reasonable approach to the sharing of the cost to provide these benefits; (iv) reasonable levels of employee contributions for these benefits; (v) insurance costs as a percentage of the University total budget; and, (vi) the role of the Health Benefits Review Committee.
• Additional bargaining sessions are scheduled for March 6th and 7th.

Posted February 28, 2012

• At today’s bargaining session the University presented five counter proposals: Article XII (Salary), Article XIII (Medical Benefits), Article XIV (Other Benefits), Article XVIII (Faculty Professional Development), Article XXIII (Duration and Negotiation Procedure).
• The University’s proposal for a three-year agreement includes modest increases in salary and minimal increases in employee contributions for health care. AAUP-KSU indicated that they would review all of these counter proposals and respond at a future bargaining session.
• AAUP-KSU offered one counter proposal: Article IX (Faculty Workload).
• This counter proposal includes the following provisions: (i) requires that workload statements be available to faculty members sixty (60) days before the beginning of the semester; (ii) permits tenure-track faculty in the regional campus system to “bump†other full-time resident faculty members at a regional campus for summer assignments; (iii) fails to adequately address the University’s need to implement an electronic database of faculty information from which faculty and the University could retrieve a faculty member’s CV; and (iv) permits summer courses to be paid at a rate based on enrollment. The University will review this counter proposal and respond at a future bargaining session.
• The next bargaining session is scheduled for February 29, 2012.

Posted February 22, 2012

• At today’s bargaining session AAUP-KSU offered a counter proposal on Article XX (Distance Education). The University will review this counter proposal and respond at a future bargaining session. AAUP-KSU indicated that it was not willing to modify any of the compensation provisions of the Article at this point.
• AAUP-KSU asked several questions about the University’s counter proposal on Faculty Workload. Today’s discussion provided a fuller understanding of both the University’s and the AAUP-KSU’s positions on this Article. An issue of importance to both the University and AAUP-KSU is the approval process for workload equivalencies.
• The University expressed its hope and desire to reach a tentative agreement with AAUP-KSU before the Board of Trustees meeting that is scheduled for March 14th.
• The bargaining session scheduled for February 23rd was cancelled by mutual agreement. Additional bargaining sessions are scheduled for February 28th and 29th.

Posted February 15, 2012

• At today's bargaining session the University offered a comprehensive counter proposal on Article VI (Governance).
• This counter proposal creates a  well-designed, easily-accessible and informative university-wide Faculty Handbook which includes sections from individual colleges, regional campuses and academic units on topics such as (i) reappointment, tenure and promotion criteria and weighting; (ii) Faculty Excellence Awards procedures; (iii) governance and committee structures; and, (iv) workload equivalencies.
• AAUP-KSU did not respond to the counter proposal and did not offer any additional counter proposals at this session.
• In lieu of meeting on February 16th, the parties agreed that the University will transmit counter proposals on Article IX ( Faculty Workload) and Article XX (Distance Education) to AAUP-KSU.
• Additional bargaining sessions are scheduled for February 22nd and 23rd.       

Posted February 7, 2012

• The University and AAUP-KSU met for another bargaining session today.

• The session opened with signatures on two tentative agreements:  Article III (Management Rights) and Article VIII (Sanctions for Cause).  Article III can be viewed here and Article VIII can be viewed here.

• The University offered a counter proposal on Article XVI (Association Rights).

• AAUP-KSU offered a counter proposal on Article XIX (Intellectual Property Rights).

• After a brief caucus, AAUP-KSU accepted the University's counter proposal on Article XVI with a change in the per credit hour cost to AAUP-KSU for faculty time reassigned to provide service for AAUP-KSU to $1,450.00.  With that change the parties reached tentative agreement on Article XVI.

• The University indicated that it would need additional time to review and respond to AAUP-KSU's counter proposal on Article XIX (Intellectual Property Rights). 

• The University and AAUP-KSU agreed to cancel the session scheduled for February 8th and agreed to schedule additional sessions on February 15th and 16th.

Posted February 3, 2012

• Bargaining continued today between the University and AAUP-KSU.
• The University offered counter proposals on Article VII (Grievance and Appeals Procedure) and Article VIII (Sanctions for Cause).
• AAUP-KSU offered counter proposals on Article III (Management Rights) and Article XVI (Association Rights).  
• After a brief caucus, the University and AAUP-KSU reached agreement on Article VIII (Sanctions for Cause) and Article III (Management Rights) and will sign tentative agreements at the next session.
• The University asked several questions about AAUP-KSU's counter proposal on Article XVI (Association Rights), specifically about how frequently and in what format AAUP-KSU receives the list of members who pay union dues or fair share and what "alternative formats" AAUP-KSU believes are necessary for copies of the Collective Bargaining Agreement.
• AAUP-KSU said they would need additional time to review the University's counter proposal on Article VII (Grievance and Appeals Procedure) and would respond at a future session.
• Additional bargaining sessions are scheduled for February 7th and 8th.     

Posted January 24, 2012

• The University and AAUP-KSU met today for another bargaining session.
• A representative from General Counsel's office attended this session to answer questions from AAUP-KSU concerning intellectual property issues.
• AAUP-KSU still questions the University's commitment to guarantees provided in federal copyright law and University practices concerning the "teacher exception" which the University has explicitly included in its most recent counter proposal on Article XIX (Intellectual Property Rights).  Moreover, AAUP-KSU insists on continuing the Intellectual Property Rights Resolution Board which has never met since it was established some fifteen years ago.  The University has proposed shifting the functions of this Board, if such functions are ever needed, to the existing, and currently functioning, University Patent and Copyright Board.  The University does not see any value in continuing to assign faculty members to a board that performs no service to the University.
• The University and AAUP-KSU initialed a tentative agreement on Article V (Nondiscrimination).  A copy of this tentative agreement can be viewed here.
• Discussion of Article III (Management Rights) followed; however, AAUP-KSU was not willing to accept some very minor changes to the current language in the Collective Bargaining Agreement that the University presented at last week's session.  As a result, tentative agreement was not reached on Article III.
• The University offered a counter proposal on Article XVI (Association Rights) which accepted AAUP-KSU's proposal for a flat rate for the Association to pay for faculty release time for Association duties with an increase in the rate from $1,200 to $2,200 per credit hour.  This amount is still significantly less that the average per credit hour rate that faculty members are paid on the Kent and Regional Campuses while providing a meaningful reimbursement to academic units which lose the services of faculty members who have time reassigned to Association duties.
• Also in Article XVI, in an effort to reduce costs, the University proposed the following:  "The University and the Association will publish the Agreement on their respective websites."  In response to this proposal, AAUP-KSU expressed concern that different versions of the Collective Bargaining Agreement might appear on the two websites.  The University expects a counter proposal from AAUP-KSU on Article XVI.
• At past bargaining sessions, AAUP-KSU has raised some concerns about the accuracy of the data provided by the University concerning Health Benefits.  The University asked AAUP-KSU to provide specific examples of what they believe to be inaccuracies in the data so that productive discussions can proceed on these issues.  AAUP-KSU agreed to forward specific questions and issues to the University so that these alleged inaccuracies can be investigated and hopefully addressed to AAUP-KSU's satisfaction.
• After a brief caucus, AAUP-KSU presented a proposal on Article XII (Salary).  The AAUP-KSU's proposal included increases of 3% in 2011-12, 4% in 2012-13, and 7% in 2013-14.  In 2013-14, 4% of the amount was designated as a pool for Faculty Excellence Awards and eliminated the Provost's discretionary pool for Faculty Excellence Awards.  The proposal also included a provision that would boost the salary increases of twelve-month faculty (mainly in University Libraries) from 2/9 to 2.5/9 more than the amount awarded for faculty members with nine-month contracts.  Given the significant financial impact of the AAUP-KSU's proposal, the University will prepare a response for a future bargaining session.
• The University informed AAUP-KSU that fact finding with AFSCME was concluded on January 23rd and that a report from the fact finder is expected mid- to late-February. 
• The next bargaining session between the University and AAUP-KSU is scheduled for February 3, 2012.

Posted January 18, 2012

• Bargaining between the University and AAUP-KSU continued today.
• Both the University and AAUP-KSU brought counter proposals to the table on Article III (Management Rights) and Article V (Nondiscrimination) with the intent of reaching tentative agreement on these two articles. 
• After some discussion, the University accepted AAUP-KSU's counter proposal on Article V (Nondiscrimination) which now reflects the list of protected categories which currently appears in University policy on this issue.  The teams will initial this tentative agreement at the next session.  
• AAUP-KSU's bargaining team said that they could accept the University's counter proposal on Article III (Management Rights); however, they also indicated that a review by their outside counsel was needed before a tentative agreement could be initialed. 
• AAUP-KSU offered a counter proposal on Article VI (Governance).  Given the complexity of this article, the University was not able to respond to the counter proposal at this session.  One of the major components of this article is the section on Faculty Handbooks which the bargaining teams have discussed at several sessions.  A reconfiguration of Faculty Handbooks, including the topics appropriate for handbooks and the handbook review process is of primary importance to the University.  
• The next bargaining session is scheduled for January 24, 2012.  A representative from General Counsel's office will attend this session to answer questions about intellectual property issues.

Posted January 11, 2012

• The University and AAUP-KSU met today for another bargaining session.
• The University offered counter proposals on the following Articles:  Article III (Management Rights), Article V (Nondiscrimination) and Article VII (Grievance and Appeals Procedure).
• In this series of counter proposals the University attempted to address concerns raised by AAUP-KSU in previous discussions.  In Article III, for example, the University changed its proposal from a specific list to a more general statement which reflects the University's management rights as provided in various sections of Ohio law.  Similarly, for Article V the University modified its proposal from a list of protected categories to an all-inclusive statement that provided for all the protections of applicable law and University policy.  AAUP-KSU was not willing to accept these revisions.
• A spirited discussion of Article VII followed.  The University and AAUP-KSU continue to disagree on issues related to procedural arbitrability and the extent of an arbitrator's jurisdiction to rule on substantive academic judgments.  These are issues that have resulted in protracted litigation between the University and AAUP-KSU.  The University would prefer to resolve these issues through the bargaining process rather than continue the current situation which could lead to further litigation.
• AAUP-KSU offered one counter proposal on Article XVI (Association Rights).
• AAUP-KSU is still unwilling to increase the amount that the Association pays to the University to purchase release time for faculty members who are released from their teaching assignments and other duties to do work for the Association.
• The next bargaining session is scheduled for January 18, 2011.

Posted January 5, 2012

• The bargaining session scheduled for today was cancelled by mutual agreement.
• The University and AAUP are scheduled to meet on January 11, 2012.

Posted December 21, 2011

• The University and AAUP-KSU met for a bargaining session today.

• The University presented a counter proposal on Article XIX (Intellectual Property Rights).  For this counter proposal, the University cross referenced the current University and Administrative Policies on this subject and removed all duplication from the language in this Article.  The current language in the collective bargaining agreement has not kept pace with changes in University Policy and, therefore, is somewhat out of date and can cause confusion for faculty and administrators. 

• To address AAUP-KSU's concern that certain faculty work not be considered "work for hire," the University's counter proposal included a waiver of ownership of "textbooks; class notes; class handouts; test items and examination materials; student responses on tests and examinations; research proposals; classroom presentations; research articles; research monographs; student theses and dissertations; paintings; drawings; sculpture; musical compositions and performances; dramatic works and performances; poetry; and popular fiction and nonfiction."  Historically and presently, the University has not asserted a claim or ownership interest in these categories of faculty work as reflected in the collective bargaining agreement and the applicable University and Administrative Policies.

• The "University policy regarding patents" (UPR 5-09) can be viewed here.  The "Administrative policy regarding patents" (UPR 5-09.1) can be viewed here.  The "University policy regarding copyrights" (UPR 5-10) can be viewed here.  The "Administrative policy regarding copyrights" (UPR 5-10.1) can be viewed here.  

• The University has offered to bring an expert on intellectual property rights to the table to answer any questions; however, so far AAUP-KSU has not responded to this offer.

• AAUP-KSU made a counter proposal on Article VII (Grievance and Appeals Procedure).  Because of some actions taken by AAUP-KSU in recent years, the University has carefully reviewed the language in Article VII.  Issues being discussed in this Article include procedural arbitrability and the scope of an arbitrator's review of substantive academic judgments (e.g., reappointment, tenure, promotion, appointment/non-reappointment, academic freedom, professional ethics, sanctions for cause).

• Concerning procedural arbitrability -- the University has agreed in principle that an arbitrator should decide the procedural arbitrability of a grievance.  The University does not, however, agree with AAUP-KSU's position that the arbitrator who is selected to rule on the procedural arbitrability of a grievance should then be the arbitrator who would decide the merits of that same grievance.  A hearing with one arbitrator on procedural arbitrabiliy and then, if needed, a second hearing on the merits of the grievance by a different arbitrator insures no conflict of interest for the arbitrator who determines whether the grievance will proceed to a hearing on the merits. 

• As for the scope of arbitrator review of substantive academic judgments -- AAUP-KSU's counter proposal gives arbitrators the authority to make decisions about reappointment, tenure and promotion under certain circumstances.  Historically, arbitrators (and courts) have declined to rule on substantive academic judgments and have limited their review to only the procedural aspects of those decisions.  Since the mid-1970s, the collective bargaining agreement has also limited an arbitrator's authority to review only the procedural aspects of those decisions.  Arbitrators and the courts have taken this position because they believe that substantive academic judgments are best left to the academic professionals (faculty and administrators) who are responsible for making those decisions.  AAUP-KSU's counter proposal would take this authority from the faculty and administrators who are charged with making decisions about reappointment, tenure and promotion and put it in the hands of an arbitrator who may, or may not, have any experience in academic matters.  This position is not supported in the review of these academic decisions by external venues.

• The University will review this counter proposal and other proposals and counter proposals from AAUP-KSU as we prepare to continue bargaining after the holiday break.  The next bargaining session is scheduled for January 5, 2012.

• Best Wishes for a Happy Holiday Season and a Happy New Year!

Posted December 16, 2011

• The University and AAUP-KSU met for another bargaining session today.

• The University presented a counter proposal on Article XVII (Notification of Non-reappointment and Resignation).  After brief discussion, a tentative agreement was reached on this Article.  A copy of the tentative agreement can be viewed here.  The language in Section 2.B. was added to this Article to trigger a conversation between the faculty member and his/her Department Chair, School Director, College Dean or Regional Campus Dean, as applicable, to discuss issues related to the faculty member's separation (resignation or retirement) from the University and any potential conflict of interest.

• AAUP-KSU initiated a discussion on Section 8 of Article VI (Governance) which deals with faculty participation in the selection and review process of department chairs.  The discussion focused on the role of the department chair in processes which require recommendations on academic judgments (e.g., reappointment, tenure and promotion, merit, workload); the need for department chairs to have the support of the faculty in the department; and, differences between the role of an interim chair and a department chair that is appointed for a four-year term.  The differences between how an interim chair is appointed and the search and appointment process for a full-term department chair were also discussed.

• The topic then shifted to the release time that AAUP-KSU can purchase for faculty to carry out union duties and what the cost of that release time should be to AAUP-KSU.  Several approaches were discussed including, a flat fee, replacement cost, the actual cost of the faculty member's time based on his/her salary, or a grant buy-out calculation.  The impact of the release time on academic units, as it relates to faculty expertise and budget, was also discussed.

• The next bargaining session is scheduled for December 21, 2011.

Posted December 14, 2011

• The University and AAUP-KSU continued bargaining today.
• AAUP-KSU presented a counter proposal on Article XVII (Notification of Non-reappointment and Resignation).  The University is verifying current practices for notifying AAUP-KSU of resignations and retirements and is planning to offer a counter proposal on this Article at the next bargaining session.
• AAUP-KSU also asked some questions about the University's counter proposal on Article XVI (Association Rights).  Most of the discussion focused on the amount that AAUP-KSU should reimburse the University to purchase the time of faculty members to perform work for AAUP-KSU.
• The University provided some draft language on Section 7 (Implementing Handbooks) of Article VI (Governance).  The draft included a new structure for a university-wide faculty handbook which includes sections from the colleges, academic units and regional campuses on specific topics. The University believes that this university-wide faculty handbook would facilitate the consistent implementation of University, Administrative and Operational policies and procedures while also taking into consideration issues and processes that are unique to Departments, Schools, Colleges without departments and schools, the University Libraries and the Regional Campuses.
• The University believes that, as with all University processes and procedures, from time to time new and different approaches to issues may be needed to keep pace with the University as it evolves over time.  That said, the University believes that our past approach to the implementation of faculty handbooks needs such a change.  Currently, the University, at all levels, manages some 50 different faculty handbooks, on paper, which have little consistency in content and format.  The development, revision, review and approval process for all of these handbooks involves a significant amount of faculty and administrative time and resources which could be redirected to other important university initiatives.  The University is proposing that the university-wide faculty handbook, and any of its sections, would be the official faculty handbook and would be maintained for easy access on the University's website.   
• The University appreciates AAUP-KSU's thoughtful consideration of the proposal on this topic and we look forward to continuing discussion at future bargaining sessions of this issue in the context of other issues which remain open for discussion as part of the bargaining process.
• The next bargaining session is scheduled for December 16th and an additional session has been scheduled for December 21st.

Posted December 13, 2011

• Bargaining continued today between the University and AAUP-KSU.
• At the beginning of the session, the University and AAUP-KSU signed the tentative agreement on Article X (Retrenchment).  A copy of this tentative agreement can be viewed here.
• The University presented two counter proposals.  One on Article XVI (Association Rights) and another on Article XVII (Notification of Non-Reappointment and Resignation).
• AAUP-KSU did not present any proposals or counter proposals but wanted to continue the discussion of the hearing procedures in Article VIII (Sanctions for Cause) and the section on Faculty Handbooks in Article VI (Governance).
• The University believes that the bargaining teams will reach a tentative agreement very soon on Article VIII; however, more discussion on Faculty Handbooks is needed.  The University intends to propose specific language on this topic sometime this week.
• The next bargaining session is scheduled for December 14, 2011.

Posted December 7, 2011

• The University and AAUP-KSU met for another bargaining session today.
• The University responded to AAUP-KSU's request for information about health benefit costs from 2006 to the present.  The information included the University's cost for medical, prescription, dental and vision coverage through 2010; the number of employees covered; the cost per employee; the percentage change from the prior year; the percentage of the employee contribution; and, the total employee contribution in dollars.  The information also included a health plan cost trend for 2011 and 2012 and a prescription plan cost sharing analysis.
• The University also provided copies of the current University and Administrative policies on patents and copyrights and continued the discussion with AAUP-KSU about revisions to Article XIX (Intellectual Property).  The University is proposing revisions to this Article because another layer of language related to intellectual property in the Collective Bargaining Agreement creates the potential for confusion, incorrect expectations and inconsistencies with University policy.  The University looks forward to continued discussions with AAUP-KSU on this issue.
• AAUP-KSU offered two counter proposals today:  Article VIII (Sanctions for Cause) and Article X (Retrenchment).  The University and AAUP-KSU reached tentative agreement on Article X and will initial a tentative agreement at the next bargaining session.  The University is hopeful that with some additional discussion about documentation and the hearing procedure an agreement on Article VIII will be forthcoming next week.
• The University and AAUP-KSU then spent some time discussing the University's "supposal" on handbooks and how the approach proposed in the "supposal" compares with the current handbook review and implementation procedure.  Although not at agreement on this issue, the discussion is productive and focuses on the University and AAUP-KSU's concerns about this topic.  As this is an issue of major significance to the University, we anticipate continued discussion during the next bargaining sessions.
• Additional bargaining sessions are scheduled for December 13, 14 and 16, 2011.

Posted December 1, 2011

• The University and AAUP-KSU met today for another bargaining session.
• AAUP-KSU offered a counter proposal on Article V (Nondiscrimination) which included language from Governor Kasich's Executive Order 2011-05K.  Executive Order 2011-05K can be viewed here.
• The University presented counter proposals on Article X (Retrenchment) and a "Supposal" on restructuring faculty handbooks.
• The University's counter proposal on Article X included compromise language on the amount of time that faculty members released due to retrenchment could remain on the reinstatement list.
• The "Supposal" presented on faculty handbooks included the description of a university-wide faculty handbook with a number of topics to be included by the Colleges and each academic unit.  The University's rationale for proposing these changes is to create a more centralized, manageable, consistent and transparent approach to the review and implementation process that is currently in place for faculty handbooks with the approved university-wide faculty handbook maintained on the Faculty Affairs website.  The University looks forwards to continued discussions with AAUP-KSU on this topic.
• Lastly, AAUP-KSU asked some questions about the University's recent counter proposal on Article XX (Distance Education).  The discussion focused on a mutual recognition that the University is in transition concerning distance education and that some of the issues being discussed have surfaced as a result of this transition and the University's plans for a more aggressive distance education agenda.  The University anticipates that this discussion will continue in concert with that on future counter proposals on Article XIX (Intellectual Property).
• The next bargaining session is scheduled for December 7, 2011.

Posted November 30, 2011

• The University and AAUP-KSU met for a bargaining session today.
• The University presented four counter proposals today:  Article V (Nondiscrimination), Article VII (Grievance and Appeals), Article VIII (Sanctions for Cause), and Article XX (Distance Education).

• In drafting counter proposals on these Articles, the University has attempted to address some of the concerns AAUP-KSU has expressed about previous proposals and counter proposals.

• Specifically:
  • For Article V, the University's proposal offered language which is consistent with current University policy on this topic.
  • For Article VII, the University's proposal focused on the issue of procedural arbitrability in the grievance process and a definition of substantive academic judgment in the appeals process. 
  • For Article VIII, the University proposed slightly streamlining the hearing process and empowering the faculty committee to make decisions about procedural and substantive aspects of the hearing.
  • For Article XX, the University has proposed updates to the compensation/workload equivalency scheme for distance learning courses which better reflects the technological expertise of faculty members and current practices in hos distance education courses are assigned and developed.
    
• AAUP-KSU asked a few questions about Article V (Nondiscrimination) and Article VIII (Sanctions for Cause) before the session ended.
• Another bargaining session is scheduled for tomorrow, December 1, 2011.

Posted November 21, 2011

• The University and AAUP-KSU met for another bargaining session today.
• AAUP-KSU offered a counter proposal on Article XIII (Medical Benefits).  This counter proposal mainly focused on a recalculation of the cost-sharing for health and dental benefit premiums.
• The University asked for clarification of some of the provisions of AAUP-KSU's counter proposal on Article X (Retrenchment).
• No other topics were discussed.
• No additional bargaining sessions are scheduled at this time.

Posted November 10, 2011

• The bargaining session scheduled for today was cancelled by mutual agreement.
• The University and AAUP are in the process of confirming their availability for an additional session(s) during the week of November 21st.

Posted November 3, 2011

• The University and AAUP-KSU met today for another bargaining session which was one of the longest to date.
• To begin the session, the chief negotiators initialed a tentative agreement on a new Article which deals with Faculty Fitness for Duty.  The tentative agreement can be viewed here. 
• This new Article establishes a non-disciplinary process by which the University may evaluate a Faculty member's fitness for duty and, whenever possible, assist the Faculty member in addressing any issue(s) that may be identified.  The development of this Article was the outcome of very collaborative discussions between the University and AAUP-KSU and these new procedures will provide a mechanism by which the University can address fitness for duty issues through a non-disciplinary approach.
• After initialing the tentative agreement, the University and AAUP-KSU continued their discussion of Article VI (Governance), specifically responding to each other's questions on handbooks and the selection process for an interim department chair.
• Lastly, the University and AAUP-KSU discussed Article XI (Faculty Workload).  The University made an initial proposal on this Article and AAUP-KSU has presented a counter offer.  The University and AAUP-KSU discussed workload equivalencies, the annual workload summary report, the use of an electronic database for faculty C.V.s and other information, and the priority of assignment for summer teaching.  They also discussed the impact of faculty workload on the University's responsibility centered management (RCM) budget model and how departments and colleges are concerned about making the best use of available resources.  The discussion of this topic was informative and productive and the University expects to make a counter proposal on Article XI in the near future.
• The next bargaining session is tentatively scheduled for November 10, 2011.

Posted October 27, 2011

• Today the University and AAUP-KSU continued bargaining.
• A representative from the University's Benefits Office presented a ten-point strategy that is designed to reduce the University's overall costs in providing healthcare benefits for its employees.  The representative reported that the University's healthcare costs are rising at a rate averaging over 10% annually.
• While the strategy includes slightly higher contributions from employees for medical coverage, contributions from all employees who elect dental coverage under our plans, and a slightly higher prescription drug cap; the strategy also includes wellness incentives, higher opt-out incentives, and incentives for using generic medications.
• After this presentation, the University gave AAUP-KSU a proposal on Article XIII (Medical Benefits) which reflected those elements of the strategy that are currently included in the collective bargaining agreement.
• After the presentation of this proposal, the AAUP-KSU asked to take a caucus.  Within a few minutes, AAUP-KSU informed the University that they were finished with today's meeting.
• The University was prepared to initial a tentative agreement on a new article on Faculty Fitness for Duty; however, AAUP-KSU did not agree to initial the tentative agreement today.
• The next bargaining session is scheduled for November 3, 2011.

Posted October 25, 2011

• The University and AAUP-KSU continued bargaining today.
• AAUP-KSU presented a counter proposal on Article V (Nondiscrimination).  AAUP-KSU has modified its original proposal on this Article and is now asking that the term "gender identity" be included in the list of categories that currently appears in Section 1 of this Article.
• The University informed AAUP-KSU that it will respond to this counter proposal after reviewing the proposed addition of "gender identity" in light of current University policy and applicable law on this issue.
• The University presented a counter proposal on Faculty Fitness for Duty which is a new article for the collective bargaining agreement.
• The University's counter proposal addressed two remaining minor issues:  (i) the appropriate time for a faculty member to consider whether to participate in a fitness for duty evaluation; and, (ii) how the cost of a fitness for duty assessment would be paid.  The next step is for AAUP-KSU to review this counter proposal and respond.  Given the extensive collaboration and discussion on this Article, the University believes that the chief negotiators will initial a tentative agreement soon. 
• The University and AAUP-KSU continued discussion of Article VI (Governance).  The discussion focused primarily on handbooks, including topics which are appropriate for inclusion in faculty handbooks, topics which might be included in a University-wide faculty handbook, and who would serve as the chair of a faculty advisory committee (FAC) in the event that level of the governance process is identified as the appropriate peer group to review a sanction.  The University suggested that because Article VI deals with so many different issues it might be more productive for the bargaining teams to discuss that Article section-by-section.
• The bargaining session previously scheduled for October 26th was cancelled by mutual agreement. 
• The next bargaining session is scheduled for October 27th and will include a presentation by a representative from Kent State University's Benefits Office who will outline the University's proposal on health benefits and answer questions from AAUP-KSU.

Posted October 20, 2011

• The University and AAUP-KSU met today for another bargaining session.
• At the last two bargaining sessions the University and AAUP-KSU discussed a wide range of issues related to the faculty's role in shared governance.
• Today, the bargaining teams continued their discussion of specific sections of Article VI (Governance).
• The discussion focused on possibly developing a different approach to faculty handbooks that might better serve the faculty and the University; on whether the selection and review of department chairs is a topic more appropriate for University policy, and, on the role of full-time non-tenure track faculty members in the shared governance process.
• The bargaining teams also discussed the relationship between AAUP-KSU and the Faculty Senate and the impact of that relationship on the policy-making process.
• Bargaining sessions will continue next week on October 25th, 26th, and 27th.

Posted October 18, 2011

• The University and AAUP-KSU met today for another bargaining session.
• AAUP-KSU provided a counter proposal on the new Article (Faculty Fitness for Duty).  The counter proposal reflects the work that the University and AAUP-KSU have done over the last few weeks on this important improvement to the collective bargaining agreement.  Pending the University's final review of the AAUP-KSU's proposal, a tentative agreement on this Article is likely very soon.
• The University provided an extensive counter proposal on Article VI (Governance).  A copy of the University's counter proposal on Article VI can be viewed here.  
• The University and AAUP-KSU discussed several aspects of the counter proposal in detail including the value of the "laundry list" of governance topics currently included in this Article; the participation of full-time non-tenure track faculty in shared governance processes; the implementation of a University-wide handbook; and, a more focused and streamlined handbook implementation process.
• During today's discussion, the University and AAUP-KSU were better able to understand each other's positions on key aspects of Article VI.  Although differences in positions still exist, the University plans to continue discussion on these issues with AAUP-KSU in future bargaining sessions.  The University believes that changes to Article VI, as can be seen in today's counter proposal, would create a more open and inclusive shared governance process and would result in efficiencies in University operations and procedures.   
• The next bargaining session is October 20, 2011.

Posted October 13, 2011

• The University and AAUP-KSU met today for another bargaining session.
• Neither the University nor AAUP-KSU presented any proposals or counter proposals at this session.
• The University started today's meeting with a discussion of the current status and pace of negotiations to date and reiterated its desire to reach agreement on a new collective bargaining agreement with the faculty as soon as possible.
• The University also reiterated its desire to seek significant changes to some sections of the collective bargaining agreement that will improve shared governance and efficiency in University operations and procedures.  The University went on to say that depending on improvements made in these important areas, the University would be willing to consider a significant three-year agreement.  AAUP-KSU did not express an interest in pursuing this discussion.
• The University and AAUP-KSU discussed the roles and interactions of AAUP-KSU and the Faculty Senate; the roles and interactions of University policy and the collective bargaining agreement; problems that the University perceives with the current shared governance process; and, the negative effects that potential grievances and litigation can have on shared governance.
• The University and AAUP-KSU discussed the upcoming election on Issue 2 (Senate Bill 5).  AAUP-KSU stated that because passage of Issue 2 would result in the end of collective bargaining for the faculty at Kent State, they do not view a three-year agreement as an important concern and they would continue to bargain as if the election and Issue 2 were not in play.
• AAUP-KSU expressed its desire for more counter proposals from the University coupled with specific examples of problems and issues that support the University's proposed changes in various processes and procedures.
• Recently, the University's chief negotiator was contacted by the media for a statement on the current status of negotiations.  Because the ground rules and current collective bargaining agreement prohibit the University and AAUP-KSU from communicating with the media during negotiations, except by joint statement, the University asked AAUP-KSU if they were interested in making a joint statement at this time.  AAUP-KSU declined.
• The University and AAUP-KSU are holding October 18th, 19th, and 20th for additional bargaining sessions.

Posted October 12, 2011

• Recently, Cleveland State University and Youngstown State University reached agreement with their faculty unions on new collective bargaining agreements.
• After a year of interest-based bargaining with CSU-AAUP, Cleveland State has a new three-year agreement. 
  • AY 2011-2012:  2% total with 0.75% across-the-board and 1.25% based on merit.
  • AY 2012-2013:  2% total with 0.75% across-the-board and 1.25% based on merit.
  • AY 2013-2014:  2.5% total with 1.25% across-the-board and 1.25% based on merit.
  • For each year, 0.5% of the across-the-board amount is based on savings due to changes in health insurance coverage.  
  • Also, the across-the-board amount is a flat amount distributed to each bargaining unit member.  For example, in 2011-2012 the 0.75% is calculated for the entire bargaining unit and then divided equally among the members or approximately $550 per faculty member.
  • Minimum salaries by rank and promotion increments were increased.
  • The amount of employee premium contributions for the medical, prescription drug, dental, vision and long-term disability plans will not exceed twenty percent (20%) of the total cumulative cost of those plans.
• After the threat of a strike in August, Youngstown State University recently reached a new three-year agreement.
  • AY 2011-2012:  0%
  • AY 2012-2013:  0%
  • AY 2013-2014:  2%
  • Employee health care contributions will be tied to salaries at a rate of 10 percent the first year, 12 percent the second year and 15 percent in the third year.
  • A brief article on YSU's new contract can be viewed at http://www.tribtoday.com/page/content.detail/id/562475/Faculty-OK-contract.html?nav=5021.

Posted October 11, 2011        

• Today's bargaining session was cancelled by mutual agreement.  The University and AAUP-KSU will meet again on October 13, 2011.

Posted October 3, 2011

• The University and AAUP-KSU met today for another bargaining session.
• The University did not present any offers or counter offers at today's session.
• AAUP-KSU, however, presented three counter proposals including Article VI (Governance), Article IX (Faculty Workload) and Article XX (Distance Education). 
• On July 26th, the University made a proposal on Article VI (Governance) which focuses on a more open, inclusive and less bureaucratic shared governance process; eliminates "laundry lists" of topics that FACs and CACs should discuss; includes the development of a university-wide handbook so that inconsistencies in how faculty members are treated across the University are avoided; provides full-time non-tenure track faculty colleagues a meaningful role in shared governance; and, clearly differentiates the roles of AAUP-KSU and Faculty Senate.  AAUP-KSU's counter proposal did not accept any of these improvements but, instead, maintains current structures and processes.
• On August 15th, the University made a proposal on Faculty Assignments that recognizes the importance of the tenured and tenure-track faculty in carrying out the academic mission of the University.  The University's proposal provides academic units, colleges and regional campuses more flexibility in making summer assignments and includes other changes that are needed to best implement the University's responsibility centered management (RCM) budgeting model.  The University's proposal eliminates the "piece work" approach to some types of faculty work (e.g., thesis, dissertation and individual investigation direction) in favor of assigned workload equivalencies that would be determined according the amount and scope of work that a faculty member performs.  AAUP-KSU's proposal does not address the needs of academic units, colleges and regional campuses for more flexibility in making faculty assignments and includes some provisions that could create more budgetary challenges.  
• On August 9th, the University made a proposal on Article XX (Distance Education) which addresses the changes that have occurred in distance education since the current contract language was developed in the mid-1990s. The University recognizes that many faculty members are now fully prepared, both technologically and philosophically, to incorporate various distance education modalities into their courses.  While the University's proposal in this area acknowledges that some incentives may still be needed for the development of courses in a distance learning format, such incentives would be handled on a case-by-case basis in an amount that is commensurate to the project rather than a "one-size-fits-all" approach.  AAUP-KSU's counter proposal does not address the many changes that have occurred in distance education; the increased levels of support that the University now provides for distance education; and, the budgetary challenges faced by academic units, colleges and regional campuses in making distance education offerings available to our students.
• The University wants to reach agreement on a new collective bargaining agreement with the faculty as soon as possible. However, as mentioned in last week's update, the University will continue to seek significant changes to some sections of the collective bargaining agreement that we believe will improve shared governance and efficiency in University operations and procedures. 
• The next bargaining sessions are scheduled for October 11 and 13.

Posted September 22, 2011

• The University and AAUP-KSU met for a brief bargaining session today.
• The University and AAUP-KSU reached tentative agreement on Article II (Recognition and Dues Deduction).
• The University made two counter proposals:  the new Article on Faculty Fitness for Duty and Article VIII (Sanctions for Cause).
• The University's counter proposal on Faculty Fitness for Duty attempts to finalize the procedural aspects of the events that might lead up to a fitness for duty evaluation while protecting the privacy of the faculty.  The University believes that implementation of this non-disciplinary, voluntary alternative to disciplinary action will permit a faculty member and the University to work together to identify and evaluate issues that may be having an impact on the faculty member's ability to perform his/her job responsibilities in an effective and/or safe manner.
• The University's counter proposal on Article VIII (Sanctions for Cause) focuses on dealing with suspension or termination through a hearing procedure before a faculty committee; gives the University and the faculty member an equal opportunity to present their position and any rebuttal in such a hearing; maintains the differentiation of procedural errors and substantive academic judgments and how those are handled in Article VII (Grievance and Appeals Procedure); and, provides a consultative role for AAUP-KSU in the sanctions process.
• AAUP-KSU did not offer any proposals or counter proposals at this meeting.
• So far, discussion at the bargaining table has been limited to non-economic issues.  Several major proposals (e.g., salaries, health benefits) have not reached the bargaining table.  In addition, AAUP-KSU has not responded to the University's proposal on Article VI (Governance) and Article IX (Faculty Workload). 
• The University is seeking significant changes to some sections of the collective bargaining agreement that we believe will improve shared governance and efficiency in University operations and procedures.  As indicated to Deans, Chairs, and Directors in recent meetings, in exchange for these types of improvements, the University would be willing to seek additional funding that is currently dedicated to other priorities in order to make a significant salary proposal.     
• Due to various scheduling issues, the bargaining teams will not meet again until October 3rd.

Posted September 21, 2011

• The University and AAUP-KSU met today.
• AAUP-KSU offered three counter proposals:  Article II (Recognition and Dues Deduction) Article XIX (Intellectual Property Rights) and the new Article on Faculty Fitness for Duty.
• The University accepted AAUP-KSU's counter proposal on Article II.  AAUP-KSU will prepare this article for tentative agreement and sign-off at the next bargaining session.
• The University's bargaining team asked several questions about the AAUP-KSU's counter proposals on Faculty Fitness for Duty and Article XIX (Intellectual Property Rights).
• The University is planning to present a counter proposal on Faculty Fitness for Duty at the next bargaining session and is hopeful that, with minor revisions, the teams will reach agreement on this article.  The remaining issues deal with a few procedural concerns.
• The University did, however, inform AAUP-KSU that their counter proposal on Intellectual Property Rights would require more extensive review.
• The next bargaining session is scheduled for September 22, 2011.  No dates for future sessions have been determined.

Posted September 16, 2011

• Today's bargaining session was cancelled by mutual agreement.  The University and AAUP-KSU will meet again on September 21, 2011.

Posted September 14, 2011

• Today's bargaining session between the University and AAUP-KSU featured a presentation on the University's online and distance learning strategy by Dr. Richard Rubin, Associate Provost for Extended Education.
• During and after the presentation Dr. Rubin responded to questions from AAUP-KSU.
• The next bargaining sessions are scheduled for September 16th, 21st and 22nd.

Posted September 12, 2011

• Bargaining continued today between the University and AAUP-KSU on a successor collective bargaining agreement for the tenured and tenure-track faculty.
• The University presented three counter proposals:  Article II (Recognition and Dues Deduction); Article VII (Grievance and Appeals Procedure); and a new Article (Faculty Fitness for Duty).
• AAUP-KSU present one counter proposal:  Article X (Retrenchment).
• After the exchange of proposals and several counter proposals on these Articles, the bargaining teams are now fine tuning the language of the various sections in the hopes of reaching tentative agreement soon.
• Issues still under discussion include the definition of a grievance; the definition and scope of substantive academic judgments; and, some procedural aspects of the fitness for duty evaluation procedure. 
• The bargaining teams will meet again on September 14th and 16th.  The session on September 14th will include a presentation from Associate Provost Rick Rubin on the University's strategic plan for distance education.

Posted September 7, 2011

• At today's bargaining session, the chief negotiators for the University and AAUP-KSU initialed three tentative agreements -- Article I (Definitions), Article XXI (Joint Committees) and Article XXII (Miscellaneous).
• AAUP-KSU presented a counter proposal on Article II (Recognition and Dues Deduction).  This counter proposal addressed the issue of notification to the University when a faculty member wishes to drop his/her membership in AAUP-KSU and begin paying a representation ("fair share") fee.  
• The University offered no proposals or counter proposals today.
• The AAUP-KSU bargaining team then opened discussion on Article X (Retrenchment), specifically on several aspects of the University's most recent counter proposal on this Article.  Discussion focused on a provision which would permit the University to offer a one-year buy-out to a faculty member in lieu of a teaching position when retrenchment occurs.  The discussion also covered some procedural aspects of retrenchment which involve consultation with the Faculty Senate and Educational Policies Council; the various reasons for retrenchment; and, the length of notice that would be provided to faculty members should retrenchment occur.
• Additional bargaining sessions have been scheduled for September 12th, 14th and 16th.

Posted September 1, 2011

• Bargaining continued today between the University and AAUP-KSU.
• The teams reviewed tentative agreements on Article I (Definitions) and Article XXII (Miscellaneous).  The University also agreed to AAUP-KSU's last proposal on Article XXI (Joint Committees) and provided a tentative agreement on that Article.  Changes in Article XXI include eliminating the KSU/AAUP Joint Study Committee and including representatives from other bargaining units at the University on the Health Benefits Review Committee (HBRC).  The revisions also clarify HBRC minutes and operational procedures.
• The bargaining teams then moved to a lengthy discussion of Article VII (Grievance and Appeals Procedure).  The major issues which still need to be resolved include the definition of a grievance and the definition of a substantive academic judgment.  Today's discussion focused on the definition of a grievance.  (Note:  A pending legal appeal on the definition of a grievance continues to complicate the discussion of this issue at the bargaining table.)
• On this issue, the University's position is that a grievance should be limited to a single event, unless the University and AAUP-KSU agree that multiple issues should be combined in a single grievance.   AAUP-KSU insists that they, alone, should have the right to decide whether to bundle unrelated issues together in a single grievance and if the University disagrees with their decision, we would have to have an arbitrator decide whether the issues should be bundled before the grievance(s) could be processed.  As we have seen with the pending appeal, the AAUP-KSU's position creates a time-consuming and expensive process which substantially delays a decision on the merits of the grievance.
• A productive discussion followed on the new Article that has been proposed on Faculty Fitness for Duty.  The University and AAUP-KSU agree in principle on the need for such a procedure at the University and the teams are now exploring possible scenarios and options to be sure that the procedures will successfully meet the needs of the faculty and the University.
• At the session on August 31, AAUP-KSU complained that faculty members in University Libraries have not received the letter concerning continuation contracts.  In investigating this matter, the University learned and reported to AAUP-KSU that these letters had been sent to those faculty members.
• No additional dates for bargaining sessions were scheduled today; however, the teams will select additional dates and continue meeting next week.  In addition, the AAUP-KSU team has requested a presentation on the University's strategic plan for distance education which will be scheduled for a bargaining session in the near future.
• Enjoy the holiday weekend and more updates will be posted next week.

Posted August 31, 2011

• At today's bargaining session, the University and AAUP-KSU reached their first tentative agreement on two of the Articles under discussion.
• The chief negotiators for the two bargaining teams are expected to initial Article I (Definitions) and Article XXII (Miscellaneous) at the session scheduled for September 1.
• This tentative agreement involves updating terms and titles to reflect current University administrative and academic practices and clarifies formally that faculty members are "under contract" during the intersession between the fall and spring semesters.
• At this session AAUP-KSU also presented a counter proposal on Article XI (Promotion, Tenure and Reappointment).  The bargaining teams continue to discuss the issue of who can initiate changes to the University policies on reappointment, tenure and promotion and clarifying the role of Faculty Senate in policy development based on the Faculty Senate Charter and By-laws and the University constitution.
• For those who read the article in Wednesday's Daily Kent Stater about the current negotiations, the article's headline "Faculty, administration clash during negotiations" did not accurately reflect the current process at Kent State University.  While Youngstown State may have faced some issues at the beginning of the semester, the bargaining process at Kent State, though sometimes lengthy and complex, is moving forward with the University hopeful of reaching agreement on many of the issues currently under discussion.  To date, bargaining meetings have been conducted in a cordial and professional atmosphere.
• Another bargaining session is scheduled for September 1, 2011.  At that session the teams will agree on dates and times for future sessions.

Posted August 23, 2011

•  The University and AAUP-KSU met for another bargaining session today.
• The University offered a counter proposal on Article II (Recognition and Dues Deduction) which is attempting to provide faculty members a less restrictive window during which they can stop their membership in AAUP-KSU and begin paying a representation fee (fair share).  Currently faculty can only terminate their membership in AAUP-KSU during the thirty days before the anniversary of their membership.  The University has proposed a more reasonable time frame of thirty days at any time.
• AAUP-KSU presented counter proposals on Article VII (Grievance and Appeals Procedure), Article VIII (Sanctions for Cause) and a new Article (Faculty Fitness for Duty).
• Concerning Article VII (Grievance and Appeals) the University and AAUP-KSU appear to be far apart on their positions.  Ongoing court challenges to past arbitration decisions further complicate these issues.  A particularly disappointing part of AAUP-KSU's counter proposal is their attempt to limit substantive academic judgments to reappointment, tenure and promotion decisions.  Such a position does not adequately reflect decisions made at the University through the shared governance and administrative processes.  In addition, AAUP-KSU continues to insist that multiple events should be able to be bundled in a single grievance which is illustrated by the definition of a grievance that was included in the counter offer.  The University anticipates extensive discussion on these issues.  (Interestingly, discussion of this Article was happening at the time of the brief earthquake!)
• The AAUP-KSU's counter proposal on Article VIII (Sanctions for Cause) deals primarily with procedural issues.  The University is reviewing this counter proposal and expects to make a response soon.
• The University and AAUP-KSU agree that an Article on Faculty Fitness for Duty is needed and the University is hopeful that with continued discussion agreement will be reached on this new Article.  Currently, the University does not have a non-disciplinary procedure to address those circumstances when a faculty member may not be performing his/her job responsibilities in an effective or safe manner due to medical, psychological or other personal issues.
• So far, discussion at the bargaining table has focused on non-economic issues.  As of today, neither bargaining team has made a proposal on Article XII (Salary) or Article XIII (Medical Benefits).  Also, no discussion has occurred on the length of a successor agreement.
• The University and AAUP-KSU agreed that bargaining session scheduled for tomorrow, August 24 would be cancelled and the teams would reconvene for sessions on August 31 and September 1.

Posted Aug. 17, 2011

• The university and AAUP-KSU met for another bargaining session this afternoon.
• The university presented counter proposals for Article XI (Promotion, Tenure and Reappointment) and a new Article called Faculty Fitness for Duty.
• AAUP-KSU presented counter proposals on Article I (Definitions) and Article II (Recognition and Dues Deduction).
• University and AAUP-KSU bargaining team members asked questions and provided responses on these counter proposals.  Questions focused on possible trigger events for a fitness for duty evaluation of a faculty member; the role of Faculty Senate in the process of promotion, tenure and reappointment policy changes; refining the definition of a College to include those with and without departments; and, providing faculty members with a less restrictive window during which they can stop their membership in AAUP-KSU and begin paying the representation (fair share) fee.  The University believes that the current window of thirty days before anniversary date of the faculty member’s membership in AAUP-KSU is too restrictive and has proposed a more flexible time frame for faculty members to make this change.
• After the initial presentations and questions, the teams returned to their caucus rooms for about thirty minutes to discuss the counter proposals offered by the other team.
• The bargaining teams then returned to the table and concluded the session.  The teams agreed to cancel the bargaining session scheduled for Thursday, Aug. 18 and will resume their scheduled sessions on Aug. 23, 24 and 26.
• On another issue, as required by the Collective Bargaining Agreement, faculty members were sent a letter on Aug. 2 concerning their 2011-2012 employment contracts.  A copy of this letter appears at the link below.
• • Continuation Contracts for 2011-2012
    

Posted Aug. 15, 2011

• The university and AAUP-KSU met today for another bargaining session.
• The university presented its proposal on Article IX (Faculty Assignments, formerly Faculty Workload)
• The proposal establishes the clear authority of the chair and dean to assign workload; requires the approval of the cean for the assignment of workload equivalents; and limits the dispute resolution procedure concerning workload issues to a review and recommendation by the Faculty Advisory Committee (FAC) to the department chair.
• The university's proposal also provides that tenured and tenure-track faculty would retain priority of assignment for summer assignments; however, summer assignments would be compensated at a flat rate, regardless of rank and/or discipline.  On the Regional Campuses, resident tenured, tenure-track and full-time non-tenure track faculty would have priority of assignment for summer assignments at their respective campuses.
• Concerning overload assignments, in order to be eligible for compensation an overload assignment must be approved at all levels before the assignment begins.
• The proposal also requires faculty members to submit and maintain their CVs and other requested information in an electronic database that is provided and supported by the University.
• Lastly, a new section is included that would set a clear expectation for faculty participation during the summer in governance, administrative and academic functions which are a normal extension of their academic year responsibilities (without additional compensation).
• AAUP-KSU had no proposals or counter proposals to present today.  Their team members did, however, ask questions about the university's proposal onthe purchase of release time for AAUP-KSU duties; Article XX (Distance Education) that was presented last week; and, they had some responses and questions to the Article on Faculty Assignments that was presented today.
• The next bargaining is scheduled for Wednesday, Aug. 17 with one additional session scheduled on Thursday, Aug. 18, before the Collective Bargaining Agreement expires on Aug. 22 at midnight.  Should no agreement be reached before expiration, bargaining will continue on Aug. 23, 24 and 26.

Posted Aug. 9, 2011

• The university and AAUP-KSU met again today.
• The university presented proposals for Article XIX (Intellectual Property Rights) and Article XX (Distance Education) and also presented three counter proposals for Article I (Definitions), Article II (Recognition and Dues Deduction) and Article XVIII (Faculty Professional Development).
• The university's proposal on distance education would replace the current, outdated Article on Distance/Distributed Instruction which was drafted approximately 15 years ago.  Because distance education and its related technologies are now more commonplace in the skill sets of faculty members, the university's proposal recognizes that a faculty member's preparation for an assignment to teach a distance education course is not that much different than preparing for a course taught in a traditional classroom format.  As a result, the University believes that the incentives offered to faculty members to teach distance education courses 15 years ago are no longer needed.  The university's proposal also identifies those situations when the University needs to request that a faculty member prepare a course by distance education and would then offer additional compensation that would be appropriate to the scope and nature of the project.  In those instances, the faculty member and the University would agree on the amount of compensation before the project begins and jointly own any intellectual property that results from the project.
• Like Article XX, the current Article on Intellectual Property Rights was drafted approximately 15 years ago.  university and administrative policies govern the intellectual property rights of faculty, so maintaining this outdated Article in the Collective Bargaining Agreement is not in the best interests of the faculty and the university.  The university's proposal focuses on general principles that are unique to the intellectual property rights of faculty and then defers to the university and administrative policies in this area.  Due to the lack of activity of the Intellectual Property Rights Resolution Board, the University's proposal shifts that Board's function to the University's Patent and Copyright Board.
• The university's counter proposals on Article I and Article II clarifyterms used in the Collective Bargaining Agreement and job titles that are excluded from the collective bargaining unit.
• The university's counter proposal on faculty professional development focuses on creating more flexibility for the university to create and fund research opportunities for faculty members by colleges and departments within the RCM (responsibility centered management) budget model.  This counter proposal also seeks more flexibility for the university concerning the funding, structure and programs of the Faculty Professional Development Center.
• AAUP-KSU presented a counter proposal for Article XVII (Notification of Non-reappointment and Resignation).  The counter proposal rejected the university's proposal in favor of the language in the current Collective Bargaining Agreement.  
• Three bargaining sessions are scheduled for next week – Aug. 15, 17 and 18.  Absent an agreement or an extension of the current agreement the Collective Bargaining Agreement will expire at midnight on Aug. 22, 2011.

Posted Aug. 4, 2011

• The university and AAUP-KSU met today for another bargaining session.
• The university presented three new proposals which included Article VII (Grievance and Appeals Procedure), Article XVI (Association Rights) and Article XVII (Notification of Non-reappointment and Resignation).
• The university's proposal on Article VII (Grievance and Appeals) focuses on establishing the clear definition of a "grievance" as "a single event or condition that affects the terms and conditions of employment as explicitly stated in and governed by the Agreement and that arises from any of the express provisions of this Agreement."
• The university's proposal on Article XVI (Association Rights) includes a provision that would require the association to repay the actual cost of the workload from which a faculty member is released to perform service to AAUP-KSU.
• The university's proposal on Article XVII (Notification of Non-reappointment and Resignation) includes a new section which manages conflicts of interest that may created when a faculty member provides notice of more than sixty days that he/she has accepted a position at another institution.
• AAUP-KSU presented a counter proposal to the University's proposal for a new Article on Faculty Fitness for Duty.  This counter proposal included extensive revisions; however, it was clear from the revisions and the discussion that the university and AAUP-KSU agree on some of the basic principles and procedures of the proposed new Article.  The university and AAUP-KSU also appear to support a non-disciplinary approach to fitness for duty issues, whenever possible. 
• The next bargaining session is scheduled for Tuesday, Aug. 9, 2011.

Posted Aug. 1, 2011

• The university and AAUP-KSU met for a brief bargaining session.
• Neither the university nor AAUP-KSU presented any new proposals or counter proposals.
• AAUP-KSU withdrew its intent to present a proposal on Article IV (Academic Freedom and Professional Responsibility).
• AAUP-KSU asked several questions about the university's proposal on a new Article concerning Faculty Fitness for Duty and on Article VIII (Sanctions for Cause).
• The university indicated its desire to have all non-economic proposals on the table as soon as possible and AAUP-KSU expressed agreement with this statement.
• The next bargaining session is scheduled for Thursday, Aug. 4, 2011.

Posted July 28, 2011

• The university and AAUP-KSU met today for another bargaining session.
• The university made proposals on Article VIII (Sanctions for Cause) and a new Article (Faculty Fitness for Duty).
• The newly proposed Article on faculty fitness for duty offers a non-disciplinary procedure by which the university could evaluate a faculty member when he/she is having difficulty performing his/her duties in an effective or safe manner or when he/she is posing a threat to self or others.  Under the proposed procedure, the faculty member and the university, with assistance from the Office of Human Resources and professionals outside the university, as needed, could identify and address fitness for duty issues in a non-disciplinary way.
• The university's proposed revisions to Article VIII (Sanctions for Cause) focus on a hearing process that is procedurally and substantively fair to the university and the faculty member.
• AAUP-KSU made counter proposals on Article I (Definitions) and Article X (Retrenchment).
• AAUP-KSU's proposals accepted some of the university's proposed revisions in both Article I and Article X and also proposed alternative language on some of the issues.
• The next bargaining session is scheduled for Monday, Aug. 1, 2011.  The bargaining teams have also agreed to meet on Aug. 4, 9, 15, 17 and 18.  The Collective Bargaining Agreement is scheduled to expire at midnight on Aug. 22, 2011.

Posted July 26, 2011

• Today, the university and AAUP-KSU met to discuss additional proposals.
• The university presented proposals on Article VI (Governance), Article X (Retrenchment) and Article I (Definitions).
• The university's proposal on Article VI (Governance) focuses on a more open and inclusive shared governance process which provides more flexibility to faculty and administrators, at the department, college and university levels.  In this, and in several other proposals, the university is attempting to more clearly differentiate and emphasize the role of the Faculty Senate in the shared governance of the university.
• The university's proposal on Article X (Retrenchment) offers a more streamlined process by which the university could close programs and deal with fiscal issues.  The current process requires multiple and repetitive levels of review and a time frame upwards of eighteen months.
• AAUP-KSU presented a proposal on Article XIV (Other Benefits) and counter proposals on Article XI (Promotion, Tenure and Reappointment) and Article III (Management Rights).
•  AAUP-KSU has requested six weeks of paid parental leave that is not charged to sick leave, parking fees maintained at the current rates, and increases to both the basic and the supplemental life insurance benefits.  The counter proposals offered on Article XI (Promotion, Tenure and Reappointment) and Article III (Management Rights) essentially rejected the university's proposals in favor of the current language in the Collective Bargaining Agreement.
• The discussion at the table continues to be cordial and productive.  AAUP-KSU's outside counsel, Neil Baasten, has joined their team at the bargaining table.
• The next bargaining session is scheduled for Thursday, July 28, 2011

Posted July 20, 2011

• Today the university met with AAUP-KSU to present and exchange proposals and counter proposals.

• The university presented proposals on Article III (Management Rights), Article XI (Promotion, Tenure and Reappointment) and the Preamble.

• AAUP-KSU presented a counter proposal on Article XXI (Joint Committees).  They also presented proposals on Article II (Recognition and Dues Deduction) and Article XVIII (Faculty Professional Development).

• Both the university and AAUP-KSU asked questions about each other's proposals and counter proposals.  The discussion was cordial, productive and informative.

• The next bargaining session is scheduled for Tuesday, July 26, 2011

Posted July 18, 2011

• The university and AAUP-KSU met today to exchange their lists of Articles from the Collective Bargaining Agreement (CBA) on which they intend to make proposals at future bargaining sessions.  A combination of the lists leaves only a few CBA Articles that will not be discussed.

• In addition, the university presented counter proposals to AAUP-KSU proposals on Article V (Nondiscrimination) and Article XXI (Joint Committees).

• The AAUP-KSU team did not respond to the university’s counter proposals nor did they present any new proposals at today’s session.

• Please note, a recent AAUP-KSU publication stated that “the use of an outsider as chief negotiator is unprecedented in the history of collective bargaining between AAUP-KSU and the university administration.† This statement is not accurate, in that, since collective bargaining began in the late 1970’s, the university has used outside counsel as chief negotiator from time to time.

• The next bargaining session is scheduled for Wednesday, July 20, 2011.

Posted July 13, 2011

• The bargaining session scheduled today, July 13, was cancelled by mutual agreement.
• The next bargaining session is scheduled for Monday, July 18, 2011.

Posted July 6, 2011

• The university and AAUP-KSU bargaining teams met Tuesday, July 5, 2011 to continue their review of the ground rules document.
• After brief discussion, the chief negotiators signed off on the ground rules document which will govern future bargaining sessions.
• In addition, AAUP-KSU presented proposals on Article XXI (Joint Committees) and Article VI (Nondiscrimination).
• The university listened to AAUP-KSU’s explanation of the proposals and asked questions related to the proposals; however the university but did not offer a formal response or counter proposal at this time.
• The next bargaining session is scheduled for Wednesday, July 13, 2011.
  

Posted June 16, 2011

• The university and AAUP-KSU bargaining teams met today to continue their discussion of ground rules.
• The university informed AAUP-KSU that James D. Kurek, Esq. will assume the role of chief negotiator for the university.  The other members of the university's bargaining team are Sue Averill, associate provost, Faculty Affairs; Jennifer Larson, chair, Department of Modern and Classical Language Studies; Denise Seachrist, director, The Hugh A. Glauser School of Music; and Robert Sines, interim dean, Kent State University at Trumbull.
• After a two-hour meeting, the parties reached agreement, in principle, on ground rules and will exchange the agreed-upon language for review and signatures.
• The next bargaining session is scheduled for Tuesday, July 5, 2011.

Posted June 13, 2011

• Today the university and AAUP-KSU bargaining teams met to discuss ground rules for future bargaining sessions.  The meeting lasted approximately one hour.
• Some of the topics that the teams discussed included:
  - possible dates for future bargaining sessions,
  - the impact of external factors on bargaining (e.g., Senate Bill 5, the state Budget Bill),
  - a possible target date for the submission of issues to be discussed,
  - who is permitted to attend bargaining sessions,
  - how the teams will exchange proposals,
  - how notes/minutes of the sessions will be recorded, and
  - a possible target date for the completion of negotiations.

• The teams did not reach resolution on any of these issues and a second meeting is scheduled for Thursday, June 16, 2011. 

• The AAUP-KSU team stated that they would provide a counter proposal at the next meeting.

• The AAUP-KSU team also informed the university that they are unwilling to share any proposals for changes to the Collective Bargaining Agreement with the University at this time.

Posted May 3, 2011

• The State Employment Relations Board (SERB) confirmed receipt of the university’s “Notice to Negotiate.†
• SERB confirmation and case number.

Posted May 2, 2011

• Today the university and the AAUP-KSU met to discuss how collective bargaining will proceed.
• The university informed AAUP-KSU of its bargaining team members; however, AAUP-KSU was not prepared to provide the names of its team today.
• Those present at the meeting discussed possible locations for bargaining, how minutes would be recorded and other logistical considerations.
• The parties will meet again soon to negotiate the formal “ground rules†for future bargaining sessions.
  

Posted April 27, 2011

• The Collective Bargaining Agreement (CBA) with the tenured and tenure-track faculty is scheduled to expire on Aug. 22, 2011. 
  
• As required by the CBA, the University provided the AAUP-KSU notice of “its desire to amend or terminate†the CBA on April 12, 2011. 
  
• A copy of the letter to AAUP-KSU and the official notice to the State Employment Relations Board appear below. 
  
• The University and AAUP-KSU must now meet within 10 days. 
• Letter to AAUP-KSU (pdf)
• Notice to Negotiate (pdf)