From: <John.Lorang@oregoned.org>
Date: Mon, May 14, 2012 at 2:21 PM
Subject: Time to help our brothers and sisters
To: John.Lorang@oregoned.org

Friends,

I’m not telling you anything new when I say that these are challenging times. Thom Hartmann compares some of efforts of the 1 %s to the Robber-Barons of the late 19^th century when powerful American businessmen used questionable practices to amass their wealth. I think it’s a accurate comparison. All working class and lower class as well as most middle class people are hurt. Many of us are seeing efforts by School Boards to get us to make permanent concessions.

Chemeketa faculty have been working without a contract since July 1, 2011. Their bargaining team has had to fight just to try to maintain status quo on some financial issues, so they don’t lose too bad to inflation. There is some hope of finding a settlement but nothing is certain. Their next bargaining session is June 1, 2012. At this time, the Chemeketa FA is not asking for help, but this could change.

Of immediate concern are our brothers and sisters at Eagle Point and at Reynolds. Reynolds just voted to authorize a strike and are waiting to get their strike sanctioned by OEA. We’ll give you a more complete update on them at a later date.

Eagle Points has been on strike since last Tuesday, May 8, 2012. The District closed on Monday, May 7, so they could spend time and money on union breaking tactics instead of negotiating an agreement. This is a classic union-breaking effort on the part of Eagle Point management. I encourage you to do a search on Eagle Point Strike and get your members to do the same. Here is one of my favorite you tube links. à http://www.youtube.com/watch?v=WcAAG66YR_M I think it’s worth the six minutes to watch it and it’s also worth time to plan how you can support these folks fighting for all of us.

Here are some ways you can help. Call the school district and tell them to get serious and to bargain a fair settlement; be creative. I sent you one number yesterday [541-830-6578] There are others to try at the end of the video linked above. Go to the Eagle Point Education Facebook page and provide supporting input. [Rogue, Umpqua and Klamath faculty could attend rallies in person. Activities are listed on Eagle Point

Please do what you can to help our colleagues in Eagle Point.

[For your reference, I’m appending a message below that Marilyn Pitts sent to her members.]

In Solidarity!

John Lorang

"Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration." Abraham Lincoln

-------------------------------------appended message-----------------------------------------------------------------------------------
Part-time faculty & tutors,

For the last week, teachers in Eagle Point School District (in Jackson County) have been on strike. As of today, the schools have reopened with "subs." Tomorrow, a mediation session is scheduled.

Please take a couple of minutes to support our union colleagues in Eagle Point by doing one of the following things:

1. Using the Human Resources phone number provided by the district for teachers to call to indicate that they're [not] crossing the picket line (541-830-6578), call the district and encourage them to settle.
2. Using your personal email, contact the Eagle Point Board members (see below) and encourage them to settle.

Board Member information taken from the EPSD website:

MARK BATEMAN
Position #5; Term expires - 6/30/2013
Email: batemanmd9@clearwire.net<mailto:b2backflow@clearwire.net>

TED DOLE
Position #1; Term expires - 6/30/2015
Email: dolet@eaglepnt.k12.or.us<mailto:dolet@eaglepnt.k12.or.us>

Ted is active in D9 sports and is currently an executive member of the Upper Rogue Cal Ripkin Board of Directors. Ted has three children, two of them attending D9 schools. He and his family reside in Eagle Point.

SCOTT GRISSOM
Position #2; Term expires - 6/30/2013
Email: mightysg@gmail.com<mailto:mightysg@gmail.com>

Scott is in his third term on the School Board, having been elected in 2001. He is currently the Board’s senior serving member, with nine years on the School Board. Scott is a graduate of School District 9 in addition to being a life long resident of the region, currently residing in the Lake Creek area.

JIM MANNENBACH
Position #2; Term expires - 6/30/2013
Email: mannenbachj@eaglepnt.k12.or.us<mailto:mannenbachj@eaglepnt.k12.or.us>
Jim is in his first term on the School Board. He spent all 31 years of his teaching career teaching EPHS students. Jim has also been an advisor, coach and advocate for the students of this District. All four of his children attended Eagle Point Schools K-12.

MARY ANN OLSEN
Position #4; Term expires - 6/30/2015
Email: olsenm@eaglepnt.k12.or.us<mailto:olsenm@eaglepnt.k12.or.us>
Mary Ann is in her second term on the School Board. Before her time on the School Board, she was an active member of several different Eagle Point community organizations. Mary Ann is also a retired teacher, serving for nearly three decades educating thousands of middle and elementary students. Mary Ann is a resident of Eagle Point.

In case you'd like more information, here's

* the district's website: http://www.eaglepnt.k12.or.us/
* the union's website: http://www.epead9.org/

Working on your behalf,

Marilyn

Marilyn Pitts

Dear Part-time Faculty,
It's near the end of the school year and time once again to recruit some Executive Board positions. Many of our find executive board members have been servicing for five or more years. We are in need of "new blood". Won't you pleaes look over the following positions and perhaps nominiate yourself or someone else (with their permission). Voting should commence soon. Thank you, Jennifer & Rosemary

Treasurer’s Duties

Part-Time Faculty Association

1.    Receive and deposit monthly dues checks.
2.    Create monthly financial report.
3.    Write checks for expenses as needed.
4.    Maintain the Association spreadsheet in up-to-date status
5.    Annually, file an IRS epostcard form 990 N.
6.    Form budget committee in June each year.  Produce a budget.
7.    Ensure budget is created by August 1 each year.  Distribute to Board.
8.    Ensure maintenance of a prudent reserve in checking and savings accounts.
9.    Ensure budgeted amounts are not over-spent without prior Board authorization.

JOB DESCRIPTION FOR ADVOCACY CHAIR

PART-TIME FACULTY ASSOCIATION

The advocacy chair is the person to whom members come when they feel they have a problem with the administration.  Particularly, when there is a violation of the PTFA collective bargaining agreement.  The advocacy person will:

1.      Meet with the member to discuss their issues and have member fill out a contract violation form if they ask for the PTFA to help.
2.      Be prepared to counsel the member on how to handle their particular situation.
3.      Be familiar with the PTFA contract and all of its timelines and how it impinges on the grievance procedure.
4.      Inform the member and the executive board of the union about the violations of the  contract and make recommendations as to the strength of the complaint.
5.      Provide support to the member when he/she meets with their immediate supervisor to attempt an informal resolution of the problem.
6.      Prepare, sign and file grievance forms in appropriate cases.
7.      Accompany the grievant in meetings with the Deans who may want to resolve the issues without going to arbitration.
8.      Prepare and file a Notice to Arbitrate if meetings with the Deans fail to resolve the issues.
9.      Prepare, sign and file Notice to Withdraw Arbitration Request should the PTFA Board decline to proceed.
10.  Work with the attorney or OEA consultant that will handle the arbitration to prepare the case.

JOB DESCRIPTION FOR VICE PRESIDENT

PART-TIME FACULTY ASSOCIATION

1.    Be an active member of the executive board, which means being available via email, phone or in person to help the executive board make decisions. Some decisions involving voting, grievances or bargaining need a near immediate decision (= same day).

2.    Assume the duties of the president whenever he/she is unavailable. This may include attending regular meetings with administration, attending the Board of Education meeting, attending social events such as awards ceremonies, graduation, retiree lunches, and etcetera. It also includes possibly attending Oregon Education Association (OEA) functions and meetings, such as College Council, the President’s Meeting, the Representative Assembly and etcetera.

3.    Take on special projects from time to time. This may include communicating with members, writing survey questions, and/or planning professional development (workshops and conferences). If there is nothing immediate, a VP can choose to take on a project in which he/she is interested.

A bit late, but here's a photo of the OEA political rally where we listened to speeches and met candidates face to face (and had snacks and drinks). From this event and an interview, the OEA decides who to recommend as a candidate. Wonderful, fun time. I hope you can go next time.

Workers Rights Training

Dear fellow part-timers,
I recently went to a great "public employee" workshop put on by LERC and some other labor relations organizations. I learned a lot and wanted you to know what I learned.

PERC Conference (Public Employee Relations Conference)                       April 5, 2012

            The conference was held at the Salem Conference Center complete with breakfast snacks and a very good lunch. The conference was a joint effort between:

·         LERC (Labor Education and Research Center at the U of O)

·         LERA (Oregon Labor and Employment Relations Association)

·         OrPELRA (Oregon State Public Employer Labor Relations Assoc)

As you can see by the sponsors, attendees represented academics, labor unions, human resources departments, labor lawyers, management and arbitrators. As one of the presenters said, PERC is a place to listen to each other, to learn how to present our issues to the public, and a place to bite our tongues. J

I attended two helpful workshops for a fairly new president. The first was called PECBA Fundamentals. PECBA is the “Public Employee Collective Bargaining Act”, which is administered by the Oregon Employee Relations Board (http://www.oregon.gov/ERB/). Basically, PECBA are the laws governing the collective bargaining process for Oregon’s public employers and unions*.

The workshop specifically addressed Unfair Labor Practices (ULP’s). Among other things, I learned about the statute of limitations (180 days from the time the employee, labor organization or employer knows or reasonably should know that an unfair labor practice has occurred (ORS 243.672(3). In addition, I learned:

·         How to file a complaint / certain things must be included in the complaint

·         The cost -- $300.00 (non-refundable)

·         How the “administrative law judge” (ALJ) serves the respondent.

·         The investigation (done by the ALJ)

·         Withdrawal, scheduling a hearing, mediation, pre-hearing motions, extensions, various time-lines, closing arguments, etcetera

The next workshop was just as interesting. It was entitled “Best Practices for Investigatory Meetings, Weingarten, Garrity and Loudermill Rights”. “Weingarten” and “Garrity” are important Supreme Court Cases.

“Weingarten” gives the employee the right to have union representation during an investigatory interview that s/he reasonably believes may result in discipline, economic sanctions, suspension or termination.

“Garrity” is the “no self-incrimination” law that says if an employee is compelled (under threat of job termination) to admit to a crime, those statements cannot be used to prosecute the employee in a criminal matter.

“Loudermill” is the right to “due process before loss of an (employment) property right”. A “property right” has been defined as the loss of earnings or a job. The purpose of a "Loudermill hearing" is to provide an employee an opportunity to present their side of the story before the employer makes a decision on discipline. http://en.wikipedia.org/wiki/Loudermill_hearing.

At this point, I should mention that part-time faculty ONLY has “due process” rights if they are fired during the term (very unlikely). Because part-timers are only employed from term-to-term (or rather, from the first day of the term until the last day of the term), the college will decided not to rehire someone; that way, the college does violate “due process”.

After lunch, everyone stayed to hear about the leading PECBA cases of 2011-2012. The only case involving teachers was Rogue River Education Assoc v. Roque River School District, in which the Oregon Court of Appeals found in favor of the union, by saying “…requiring that the 180 day statutory time limitation runs from the date the union discovered, or should have discovered the alleged, unlawful act.”

In conclusion, I learned a lot, met interesting people and got to eat well. I’ll be back next year for more J.  

*The Public Employee Collective Bargaining Act (PECBA), ORS 243.650 - 243.782, establishes a collective bargaining process for Oregon’s public employers and unions representing public employees. Employers covered by the PECBA include, among others, the State of Oregon, cities, counties, school districts, community colleges, public hospitals, and special districts. The PECBA is administered by the Employment Relations Board (ERB), a state agency. http://www.oregon.gov/ERB/PECBAOverview.shtml

As you know, yours truly recently finished some great NEA leadership training. As part of our training, we staged a picket line at two private universities in Chicago. Both are behaving badly; i.e. not following Illinois labor law.

As an aside, I don't know why, but the Chicago police actually came to our hotel and followed us to the first univerity. A few of us mentioned that we are all middle-aged instructors and not likely to make trouble :-). Anyhow, the police watched us picket and even chanted along. So cool. The 99% were together. 

Here is a picture of us picketing. Please read the article, as well. We did good work against a bad college. Really! The Illinois State Labor Board has certified a part-timers' bargaining unit, but the college won't allow it and has sacked some of the major organizers, who went to the Labor board, got their jobs back, got a year's back pay, and were sacked again (not rehired, that is....)

Please read all about it. Three of my colleagues are pictured, but you don't know who....

http://www.educationvotes.nea.org/2012/03/02/demonstrating-for-part-time-faculty-rights/