See below FYI. The last time this came up several years ago, and I made similar
points, a very nasty blowback against us ensued.
________________________________
From: ptcuny@xxxxxxxxxxxxxxx <ptcuny@xxxxxxxxxxxxxxx> on behalf of Sándor John
s_an@xxxxxxx [ptcuny] <ptcuny@xxxxxxxxxxxxxxx>
Sent: Friday, November 1, 2019 10:20 AM
To: CAP CUNY Campus & Cross Campus Organizing
<cap-cuny-campus--cross-campus-organizing@xxxxxxxxxxxxxxxx>; PT-CUNY
<ptcuny@xxxxxxxxxxxxxxx>; Holly Clarke <clarkehc@xxxxxxx>
Subject: Re: [PTCUNY] Fwd: [cuny-struggle] Vote No on this contract! What we
give up now, we will never recover
Regarding recent posts:
In ongoing discussions on the reasons why PSC members should vote "No" on this
contract, and issues within the union, I would like to reiterate something that
has come up before, and has been raised here again: the topic of bringing the
state government's PERB (Public Employment Relations Board) into our internal
affairs, debates and controversies within the union. Labor must clean its own
house -- keep PERB out of our internal affairs.
This is as relevant as can be to the burning issues we are facing right now.
The fight against adjunct poverty is a fight against CUNY's two-tier labor
system. As we all know, the ruling elite loves that labor system because it
means running CUNY (and the whole higher education "industry") more and more on
cheap adjunct labor. Their government does all it can to keep that labor cheap.
And in New York State, as we also all know full well, a key weapon for keeping
it cheap is the anti-strike Taylor Law, which prohibits any work actions by
public employees.
So what is PERB? The state's Public Employment Relations Board was created by
the Taylor Law in 1967. Created to do what? PERB's website
(https://www.perb.ny.gov/<https://eur04.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.perb.ny.gov%2F&data=02%7C01%7C%7C477b29bc6b9241def31108d75ed69cb3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637082148152206305&sdata=8clAMjwuv6H1m1mpqTfYtjZjA23Snp767V9BWpWd7Tw%3D&reserved=0>)
answers that very clearly. It describes PERB's "mission": "application and
enforcement" of the Taylor Law, specifically including "the prevention of
strikes."
Talk about inviting the fox into the chicken coop, or the mafia in to "protect"
your home...
This agency of the bosses' state (our employer) is aimed squarely against us
and our ability to exercise even the elementary right to withhold our labor.
Legal actions against the employer can be a useful though secondary tool. But
bringing the employer's strike-prevention, Taylor Law-enforcement agency into
the internal affairs and controversies of our struggles and our union is a huge
gift to the enforcers of adjunct poverty. This must be clearly opposed by all
those fighting against the two-tier labor system.
-- Sándor John
Hunter
(P.S. Silence on this issue speaks volumes too.)
________________________________
From: ptcuny@xxxxxxxxxxxxxxx <ptcuny@xxxxxxxxxxxxxxx> on behalf of Jane Clark
janeclark1919@xxxxxxxxx [ptcuny] <ptcuny@xxxxxxxxxxxxxxx>
Sent: Friday, November 1, 2019 8:45 AM
To: CAP CUNY Campus & Cross Campus Organizing
<cap-cuny-campus--cross-campus-organizing@xxxxxxxxxxxxxxxx>; PT-CUNY
<ptcuny@xxxxxxxxxxxxxxx>; Holly Clarke <clarkehc@xxxxxxx>
Subject: [PTCUNY] Fwd: [cuny-struggle] Vote No on this contract! What we give
up now, we will never recover
---------- Forwarded message ---------
From: Rita Tobin <rtob@xxxxxxxxxxxxxxx<mailto:rtob@xxxxxxxxxxxxxxx>>
Begin forwarded message:
From: Rita Tobin <rtob@xxxxxxxxxxxxxxx<mailto:rtob@xxxxxxxxxxxxxxx>>
Date: November 1, 2019 at 12:03:32 AM EDT
Subject: Re: [cuny-struggle] Vote No on this contract! What we give up now, we
will never recover
I know, and three of us took the issue to PERB. We attended a mediation with
CUNY and the PSC. The mediator met with each group separately. We were told
what we already knew - although we tried anyway – i.e., that to show bad faith
and invalidate a contract partially or in total, it is necessary to provide
direct evidence showing fraud. In other words, we needed not merely
circumstantial evidence - that the contract did not include the up or out
provision, that in numerous meetings representatives of the union did not tell
members about that policy –but actual proof of deception. The standard of proof
is very high. The PSC tried to argue that the up or out provision was in the
contract. It was actually very amusing – their lawyer went on what sounded like
a Talmudic exegesis of the MOA, trying to show that anyone could figure out
that, if you did not get the contract, you’d be fired. All he accomplished was
to demonstrate that it was impossible for anyone to figure that out, because
the provision was not there. He was like Richard Nixon’s secretary, Rosemary
Woods, twisting herself into a knot to “show” how she had “accidentally” erased
sections of the Watergate tapes. He did not fool the mediator for one minute.
Nonetheless, she advised us that unless we had evidence of actual fraud we
could not win. That is why we agreed – the union did not win this, it was our
consolation prize – to settle for an agreement by CUNY that adjuncts denied the
contract would be entitled to use the grievance procedures. You know all those
arbitration wins this year? The ones that the PSC has been bragging about? CUNY
might have fought the Union on the threshold question of whether the adjunct
denied the contract could even use the grievance procedures. CUNY had been
disputing the PSC on that. We, not the union, won that concession from CUNY
for the members. So if you fight you can win - but you have to use the right
weapons.
Sent from my iPhone
On Oct 31, 2019, at 11:06 PM, Saadia Toor
<toorster@xxxxxxxxx<mailto:toorster@xxxxxxxxx>> wrote:
Rita - we discovered this 3-year up-or-out clause in the course of the
discussion around the last MoA that the PSC was pushing us to sign. The PSC had
made no moves to inform anyone of this horrible clause, most certainly not the
adjunct faculty who it impacted directly. Even HR departments were unable to
answer our questions at the time.
On Thu, Oct 31, 2019 at 5:03 PM Rita Tobin
<rtob@xxxxxxxxxxxxxxx<mailto:rtob@xxxxxxxxxxxxxxx>> wrote:
I have a three-year contract, awarded in May 2019. I didn’t want one. I still
don’t want one. The contract means that, in three years, I will be once again
up for review - not merely by my department, but by my school. Budgetary
considerations will play a major role in deciding whether, after 17 years at
CUNY, I will be allowed to teach at my school again. This would not have been
the case with my old, one year commitment, which could be reduced based on
attendance - but I could regain my canceled course the following semester.
Moreover, the union lied by omission, not specifying in the MOA that either an
adjunct was reappointed, or fired.. Nor did the MOA state that we were
compelled to apply for the contract, whether we wanted one or not.
This new contract is equally bad. The so-called “historic” increase is
actually, for most adjuncts, the addition of an office hour per course, rolled
into the “flat” rate in 2022. For those already paid for an office hour, there
is less of an increase.. Even more important is the elimination of the steps.
That does not merely lock everyone, experienced or not, into a “flat” hourly
rate, but eliminates the increases between contracts that compounded the small
percentage increases that the contract provide.
Also, eliminating the office hour as a separate component of the contract,
takes away the flexibility that provided even the modest (not “historic”)
increases included in the proposed contract.
I had no illusions that we would receive $7K. This outcome, however, is
unacceptable. Vote no. Make them go back to the bargaining table. We are
realistic, but we are not stupid.
Sent from my iPad
On Oct 31, 2019, at 4:47 PM, Saadia Toor
<toorster@xxxxxxxxx<mailto:toorster@xxxxxxxxx>> wrote:
This is yet another agreement made in astonishingly bad faith by the PSC. I'm
still reeling from the way they inserted those horrible punitive 3-year
up-or-out contracts for adjuncts into the last contract agreement and then
tried to spin it as something that was good for adjuncts even though 1.
adjuncts had not asked for that, and 2. adjuncts (and allies) were voicing
their criticism and fear. And now it appears those 3-year contracts have become
naturalised. As a full-timer, I am appalled at the continued injustice and
bare-faced lies spun by our so-called union.
Saadia
On Thu, Oct 31, 2019 at 3:54 PM
<hierbasmadretierraherbs@xxxxxxxxx<mailto:hierbasmadretierraherbs@xxxxxxxxx>>
wrote:
Thanks for this context and table, Jane.
I think you are absolutely, correct. No more terrible contracts for adjuncts
professors, which also affects the working conditions for full-time paid profs,
if they will just recognize it.
What are the initiatives so far to push the No campaign? I will be back in NYC
in a couple of weeks and would like to see how I can plug in, since the PSC is
pushing for a quick vote, right?
Take care,
Rafael A. Mutis Garcia
Herbalist,Popular Educator,Facilitator/Herbologo,Educador Popular,Animador
Hierbas Madre Tierra Herbs
http://fincadelpueblo.wordpress.com/<https://eur04.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffincadelpueblo.wordpress.com%2F&data=02%7C01%7C%7C477b29bc6b9241def31108d75ed69cb3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637082148152216313&sdata=XKQQV5wDkispcza%2BK2zVdBrx%2BgAnu6jksyy%2FEiHMPQA%3D&reserved=0>
I change myself, I change the world/Me cambio, cambio al mundo - Gloria Anzaldua
Rafael A. Mutis Garcia
Herbalist,Popular Educator,Facilitator/Herbologo,Educador Popular,Animador
Hierbas Madre Tierra Herbs
http://fincadelpueblo.wordpress.com/<https://eur04.safelinks.protection.outlook.com/?url=http%3A%2F%2Ffincadelpueblo.wordpress.com%2F&data=02%7C01%7C%7C477b29bc6b9241def31108d75ed69cb3%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637082148152226326&sdata=Oyop87p%2B1rEL8%2FSaintFY2IHPG3WgyBzvol38NxH1LQ%3D&reserved=0>
I change myself, I change the world/Me cambio, cambio al mundo - Gloria Anzaldua
On Oct 31, 2019, at 1:47 PM, Jane Clark
<janeclark1919@xxxxxxxxx<mailto:janeclark1919@xxxxxxxxx>> wrote:
Years ago Barbara made a commitment to remedy the deplorable condition of the
adjuncts. In her last contract, we can see how she has approached it.
Attached is a table of adjunct wages with Salary Steps, so that everyone can
see how much they will lose if we accept this remedy.
All members of Public Sector Unions rely on steps as an integral way to counter
inflation and build a stronger economic base. Without steps, we are completely
dependent on receiving a new contract, a process that comes about as often as
Oliver Twist's birthday, and is based on many of the same factors, ( exploited
and uncompensated labor.) This is the first time in decades there is no path
forward through permanent lines dedicated to adjunct advancement,)
Thanks to those Salary Steps, I was able to make 20-30% more per hour than I
would have with my "flat wage."
How can our union pull that ladder up from our brothers and sisters?
This Contract is, at the least misguided and out of touch, and at the most
inherently corrupt. Sectors of the PSC that seem satisfied with this contract
are happily feasting on the monies that have been redistributed away from us,
though they may not know and/or not care. They are to be well fed, and our
leadership has taught them the correct response, "We pay them what they are
worth."
This contract is balanced on the backs of the largest sector of teaching
faculty and not coincidentally the most impoverished.
In her final Hurrah, Barbara has left us with a historic "Modest Proposal" of
her own.
It is now our job to organize and vote No. We are worth far more, not far less,
than our union believes us to be.
--
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<table of adjunct wages.xlsx>
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