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Archive for February, 2010

Below is a Patriot-News (Harrisburg) story on retrenchment talks.  It was interesting to see the Patriot-News site this blog as a source.  Check out the full story with readers comments HERE.

pennlive.com

Pennsylvania universities’ faculty members, managers to talk about layoffs

By JAN MURPHY, The Patriot-News

February 25, 2010, 5:24PM

Faculty layoffs will be a topic of discussion at a meeting tomorrow between faculty members and managers in the nearly 117,000-student Pennsylvania State System of Higher Education that includes Shippensburg and Millersville universities.

Steve Hicks, president of the Association of Pennsylvania State College and University Faculties, confirmed system officials advised him it would be discussed. That confirmed a Kutztown University faculty blog that cites an e-mail sent by system Chancellor John Cavanaugh stating, “We will tell APSCUF that we are beginning to plan for retrenchment [layoffs] as a financial issue due to budget pressures.”

System spokesman Kenn Marshall said he could not comment on the meeting or whether layoffs are the next step if the faculty does not agree to a retirement incentive being offered to retirement-eligible faculty members.

The system’s board announced earlier this month it was looking at ways to control future labor costs as it wrestles with the anticipated spike in pension costs and loss of federal stimulus money.

© 2010 PennLive.com. All rights reserved.

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John Riley put together a basic outline of the process of retrenchment and faculty rights under retrenchment.  Obviously, there are many more important questions that need to be answered, but I think this is a good guide to some immediate questions.  I did add this to the “Know Your Contract: Article 29” post, but it made sense to post it here as well.

1. Retrenchment works on a “reverse seniority” basis and it begins with faculty with the least amount of service.  Temporary and part-time faculty are the most vulnerable, followed by probationary non-tenured faculty.
2. A position cannot be eliminated without proper notification. First-year probationary faculty must be notified by March 1st. Everyone else has a later notification date (see Article 29 F).  No timely notification, no retrenchment.
3. A faculty member receiving a letter of retrenchment is entitled to preferential hiring rights and health and welfare benefits are extended six months past retrenchment.
4. A retrenched faculty member has the right to apply for vacancies at other PASSHE institutions. If deemed qualified by the receiving president they shall be appointed at their previous rank and step. (see Article 29 G).
5. A retrenched faculty member is entitled to unemployment compensation.
Ken Ehrensal adds two additional points:
  1. first, they cannot have a retrenchment without declaring a financial emergency/exigency;
  2. second, once they have done the previous, they must open the books and the budget to us for scrutiny and cut every other discretionary expenditure before people can be let go.

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Hey all,

“Breaking” news: this is the internal report on today’s State Meet and Discuss meeting in Harrisburg:

From the President’s Desk –

Since last summer, APSCUF leadership has tracked and prepared for possible retrenchment plans from PASSHE; in fact, there have been two directives from the contract department guiding local leaders on how to handle this topic.

Today that preparation met reality. I attended the portion of state-wide Meet & Discuss where “retrenchment” was discussed.  I wanted to give you a quick report on the proceedings.

The system passed out at the table a procedural document, which we then discussed, along with other contexts.

Here are the most vital “takeaways” from the discussion:

· We were assured that no one would receive a letter on Monday (March 1, 2010) indicating they were being retrenched (this would be for first-year tenure track faculty; ref. Art. 29.F.1.a, p. 91 CBA);

· The document “suggests” the beginning of the process of retrenchment should begin in the spring semester before letters are to be sent out (see Art. 29.F.1.b-d) for the next year; this confirms that this is a long process, and no one should be worrying about their job, yet;

· We were assured that not all universities would be retrenching, though a lengthy and heated discussion of who actually was led to a promise of disclosure only when universities were ready (a ULP is likely on this).

Today’s discussion was fruitful and insightful, though obviously tense and sometimes heated.

Yes, these are interesting times.  But we have one of the strongest faculty CBA’s in the country and one of the strongest retrenchment articles within that CBA.  You can count on your leadership to make sure every avenue is pursued to make sure any loss of employment due to retrenchment goes through the laborious process of Article 29 and will be well vetted locally and at the state level.

You can both slake your curiosity and provide support in these tough times by attending your local chapter meetings. I am sure your leaders would also appreciate your input.

In solidarity,

Steve

A couple things to point out here.  First, APSCUF was assured that not all universities will be retrenching.  That of course begs the question: which universities will?  From what Hicks says above, I take it that it was not made clear at the table today which universities will be targeted.

This does raise a question about Kutztown.  At President Cevallos’s budget meeting yesterday, he was asked if all the PASSHE universities are having the same kind of budget crisis as Kutztown.  Cevallos said, “no.”  The implications here is that Kutztown’s budget crisis is not simply a function of the “economic crisis.”  It has to deal with issues specific to Kutztown.  Cevallos tried to suggest that the reason that Kutztown is in a crisis is because the university has invested in hiring more faculty.  That explanation conveniently ignores the nearly 20% increase in the student body since 2002, several years of hiring freezes, and rising tuition.

Second, according to Hicks, PASSHE’s “procedural document” indicates that “the beginning of the process of retrenchment should begin in the spring semester before letters are to be sent out.”  Hicks references the retrenchment article in our contract several times: Article 29.  I would STRONGLY suggest that all of us become familiar with Article 29 so that we know our rights and can begin asking concrete questions about where we go from here.  Toward this end, I am going to create a “Know Your Contract: Article 29” post where we can work through understanding that provision of the contract.

In the meantime, I’m going to see if I can get my hands on a copy of PASSHE’s “Procedural Document” so we can see what we’re dealing with.


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Given the current discussions and rumors regarding retrenchment, I thought it would make sense to devote a “Know Your Contract” post to understanding Article 29 “Retrenchment” in our Collective Bargaining Agreement (CBA).

While I am sure there will be no shortage of updates on the budget, cuts, and retrenchment on this blog, I want to have one post that is devoted to answering questions about Article 29 so that we can all  better understand what the CBA actually says about retrenchment.

I am posting a link to this post on the right-hand side of this blog, so it can be easily accessed.  You can also get to it by clicking on the “Know Your Contract” category.

If you have a question, post a comment.  I will try and  track down the answers to your questions and post them back as a comment.  Just so we all have the information in front of us, here is a link to a PDF copy of Article 29:

http://www.apscuf.com/images/07article29.pdf

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Budget presentation 1

So, today’s budget presentation began with Cevallos saying “no decisions have been made yet about cuts.” How he can say that given that cuts were announced this morning is beyond me.

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This morning all members of our department got an email from our Chair relaying a simple message: Our dean told her that the Provost wants our department, English, to cut an ADDITIONAL 10 classes out of our schedule.  This is after we have ALREADY cut 8 classes.

If you want to play games, you could argue that we were not told to make any cuts.  What the Provost passed on to the Dean was the number of lines released for the fall:

  • 4 full-time tenure track replacements (although I think one of them is a mistake and will be removed from the list)
  • 1 spring only replacement
  • 3 full-time temporary lines

If you look only at the number of lines released, you might think…hmm, not so bad, right?  It’s only when you do the math that you see what is being proposed is a deep cut.

Our department currently has eight full-time temporary positions and two  ¾-time temporary positions in the fall schedule.  The Provost’s proposal  means cutting three positions for fall at the very least.

Our department already had a budget meeting scheduled for 11am today.  Now we will be discussing how we will respond.

What we all need to know at this point is what is happening in every other department.  For those of you who are KU faculty, what kind of cuts were handed down in your department today?  If you are a faculty member at any of the PASSHE universities, are you getting the news today as well?

Add your comment please!

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Hey all…I am reposting APSCUF President Steve Hicks comment to my previous post because I want to make sure everyone sees it.  This is critical folks.  Here’s Hicks’s comment:

Kevin,

Since you asked for my comments, here they are –

Your first respondent is right about what happened: having alerted the Chancellor’s office that we wanted to talk about an extension in conjunction with the retirement plan, we got to the table on the 12th, did as we should and presented them with a proposal (& it didn’t include 3 years, that is just factually inaccurate), and were told they didn’t have the authority to respond. (The notion that we walked out or didn’t return because we were holding out for 3 years is ludicrous — they never even responded to our initial proposal)

We did not return to the table because they still have not indicated they will (or have the authority) to respond to our proposal; as the Chancellor’s email says, the BoG executive committee “said no to an extension.”

As you know, there was no impetus at Legislative Assembly, or anywhere else (EC or Negotiations Committee) to sign off on just a retirement side letter; everyone agreed it was retirement plus something for everyone.

They want us to come back to the table just talk about the retirement side letter.

We will go back when the talks are broader.

It’s early days — the first meeting was 12 days ago. Let’s see how this plays out.

And you’ll have to ask the Chancellor to comment on his own email and what he’s up to in it; I voiced my dismay in person.

Best,

Steve

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OK.  I need to preface this post.  The full story of what I’m posting below has not been established yet.  However, I think you’ll see why I’m posting it.  Please read knowing that I cannot absolutely confirm this is actually what happened at last weeks negotiations regarding the potential of a retirement incentive.

In any case, we got our hands on an email sent by PASSHE Chancellor Cavanaugh regarding the talks with APSCUF about the retirement incentive.  We do not know all of the people who actually received this email.  In any case, here’s the piece of the email that was sent to us:

—— Forwarded Message

I want to apprise you of a few things as a heads up.

•        APSCUF has decided to not participate any further in the negotiations regarding the voluntary retirement incentive program because they want it linked to a 3-year contract extension with significant pay increases and a new step. The BOG Executive Committee said no to the extension, and we agree. We have told them that they are welcome to come back to the table before the window closes. Negotiations with the other unions and plans for management will continue.

•        We are adding the topic “Retrenchment” to the statewide meet and Discuss agenda next week. We will tell APSCUF that we are beginning to plan for retrenchment as a financial issue due to budget pressures. We will be talking with you in more detail about the various ways this can play out across the campuses. However, we need to put this item on the table with the union now.

•        Discussions and planning regarding low enrolled programs continues. Information to that effect has been sent this week to your CAO and a copy to you.

We will stay in touch.

John

John C. Cavanaugh, Ph.D., Chancellor
Pennsylvania State System of Higher Education
Dixon University Center
2986 N. Second Street
Harrisburg, PA 17110

t: (717) 720-4010
f: (717) 720-4011
e: jcavanaugh@passhe.edu
w: http://www.passhe.edu

P As part of PASSHE’s Green Technology Initiative, save a tree. Print only when necessary.

From: Westhafer, Bonnie
Sent: Wednesday, February 17, 2010 12:50 PM
To: DUC – Chief Academic Officers
Cc: DUC – Presidents
Subject: Lower Enrolled Program Procedures

Transmitted on Behalf of Dr. Jim Moran

Colleagues:

Attached are the revised plan of action for addressing lower enrolled programs and the current list of programs under consideration. Some notations regarding programs (e.g., in moratorium) reflect status as of November 1, 2009 and not subsequent to that date.  If this information is incorrect please let us know. This information is to be distributed to APSCUF for the February 26 statewide M&D meeting.

This is is the whole of what I have in my possession.  There is a ton to say about this email.  Let me try to point to a couple of things before I have to go to a meeting.

Retirement Incentive:

The Chancellor’s email states: “APSCUF has decided to not participate any further in the negotiations regarding the voluntary retirement incentive program because they want it linked to a 3-year contract extension with significant pay increases and a new step.”  I DO NOT know if this is accurate.  However, if it is we have some serious problems.  The most pressing problem being that at the last Legislative Assembly there was no discussion of a 3 year extension.  And I know for a FACT that at three year contract extension wasNOT a demand of the Chapter Presidents–and it was ABSOLUTELY CLEAR that Assembly did not tell APSCUF to walk away from the table if PASSHE didn’t agree to a 3 year contract extension.  And I know for a FACT that a 3 year extension of the contract was NEVER discussed on the floor of Legislative Assembly.  If it is true that discussions around a retirement incentive broke down because APSCUF refused to budge from a 3 year contract extension, then I have some SERIOUS questions for the APSCUF State APSCUF president about what the hell happened.  If the Chancellor misrepresented what happened, then there are some serious questions about just what the hell he is trying to pull over here.

Retrenchment:

There it is folks: PASSHE is putting a retrenchment plan together for this Friday’s State Meet and Discuss.  We don’t know what the plan is or how it will affect Kutztown in particular.

I hate to do this, but I have got to get to a meeting…I wanted to get this little nugget out ASAP. More to come.

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Hey all,

I just wanted to let you know that I’ve posted two updates to the APSCUF-KU Delegates blog:

Let me know if you have any questions!

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