Resolution US9900-16 GTFF Labor Management Relations

Be it resolved that the University Senate supports the Graduate Teaching Fellowship Federation's (GTFF) and urges the University Administration to release information pertaining to membership both contractually and legally guaranteed by the UO Administration. Be it further resolved that the University Senate urge the University Administration to take action to cease distributing ``release of information waivers'' and reestablish normal labor management relations with the GTFF by releasing this said membership information. 

Explanation:

During recent negotiations with the university, the Graduate Teaching Fellows Federation (GTFF) became aware of the elimination of a number of GTF positions within Administrative departments. During negotiations, the GTFF requested information on the elimination of Administrative GTF positions and information regarding the status and location of ``training grant" appointments. On February 23, the GTFF did not receive the requested information, but instead was given a copy of a form that the University of Oregon negotiation team wished to add to the letters of agreement between departments and prospective GTFs. The university negotiating team wished to add language to the contract and stated that they were advised to withhold information based on their interpretation of the Family Educational Rights and Privacy Act (FERPA). On February 24, the policy was unilaterally enforced by the university, a clear case of bad faith bargaining. The result was the withholding of all information regarding GTFs until waivers are returned to the graduate school allowing the release of information to the GTFF.

As of April 17, 2000, the GTFF has only received information on 220 of approximately 1200 GTFs. In addition to the information requests that have yet to be answered, many GTFs have called and stopped by the GTFF office to tell us that they have received insurance cancellation notices despite the fact that there has been no change in their status as GTFs. Because the GTFF does not have accurate records of current GTFs, the GTFF cannot be sure that all GTFs eligible for insurance benefits have been informed of their eligibility. Students are being denied medical coverage because of the university policy. This sudden change in policy has not only denied the GTFF information that was critical to the pursuit of negotiations and in the future, determining violations of the contract, but the change in policy has created undue hardship and confusion for GTFs.

As a labor union, the GTFF is legally entitled to information regarding members, or potential members in order to fulfill representative duties. The actions by the University Administration have denied the GTFF this right and made it difficult for the GTFF to administer the health insurance plan and fulfill obligations to GTFF membership. The University Administration has contractually agreed to provide us with membership lists at specific intervals and on specific dates. Since March 17, we have not received the membership lists according to the contract between the GTFF and the University of Oregon.

The GTFF asks the University Administration to immediately comply with the contract between the University and the GTFF. Even though no University has ever faced monetary sanctions for the violations feared because of 26-year old FERPA regulations, University Administrators nevertheless continue to withhold this said information. However, contractual obligations should not to be dismissed so easily.

The remedy presented by the University of Oregon officials is to require each GTF to fill out a release of information waiver. In addition to this solution's contradiction to labor law and the University's contractual obligation, the method of dissemination and collection has proven to be inadequate. Not all GTFs have received copies of the waiver, and many are under the assumption that the GTFF is distributing them. Also, the GTFF may require information on graduate students that are not GTFs to ensure that the contract are not being violated and to collect information on graduate students who may be excluded from the bargaining unit (graduate students on training grants for example).



From jgrzybow@gladstone.uoregon.edu Mon Apr 17 16:58:05 2000
To: Peter Gilkeygilkey@darkwing.uoregon.edu
Subject: GTFF Resolution

Here is the wording, please feel free to contact me if changes areneeded. Thanks as always, Jereme Grzybowski


The Senate Rules Committee has reported regarding Motion USS99/00-16 received Wednesday 19 April 2000: The motion is properly phrased and submitted. There is no procedural errors in its format.  This motion, basically, is a request for GTF membership information from the Administration.  If the information can be released with no violation of privacy, then there is no fiscal impact. Otherwise, the University is open to suit from individuals who do not wish this information released.  A judgment from Legal Affairs may be required.


Memo from Melinda W. Grier grierm@OREGON.UOREGON.EDU (General Counsel, Office of the President) to Mark Zunich Employee Relations Manager Office of Human Resources University of Oregon dated 3 April 2000 dealing with  Family Educational Rights and Privacy Act (FERPA) Application to Graduate Teaching Fellows and Collective Bargaining Agreement Provisions.


Revised report from the Senate Rules Committee relating to the memo from M. Grier received: Based on the information from the General Counsel office, it is impossible to approve USS99/00-16 in its current form.  It is not in the power of the Senate to mandate the Univ Admin to enact a policy that is potentially illegal and in violation of the civil rights of the students.  The process of obtaining waivers, while time consuming and impeding to the GTFF, is the only proper course of action for the Univ Admin.  The GTFF can assist the Admin by informing the graduate student population of the need for the waivers.  However, it is well within the rights of the students to decline the wavier.

Although the GTFF correctly points out that the Univ is required under Article 3, Section 2 of the Collective Bargaining Agreement Provisions to release GTF directory information, that requirement appears to be in error.  Even though the article exempts the Univ from liability, in fact, the University is liable as has been demonstrated in numerous court decisions over the past decade.  The Collective Bargaining Agreement cannot simply wipe away the Univ's responsiblity in this matter.



The Senate President has ruled that US9900-16 as presently stated is not within the pervue of the UO Senate and thus the motion is not appropriate for presentation to the UO Senate

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