Michigan Conference American Association of University Professors |
 |
Newsroom
MERC Rulings in Favor of Michigan Tech Union
March 8, 2007
by Marilyn Cooper, Michigan Tech Chapter President
In a decision handed down on March 8, 2007, Judge Julia Stern of the Michigan Employment Relations Commission upheld the union’s contention that the administration had engaged in an unfair labor practice when it unilaterally allocated selective salary increases to faculty in 2005-06. Judge Stern has ordered the administration to bargain with the MTU-AAUP over any salary increases and post a notice to employees to that effect. She also dismissed the petition for a decertification election and extended the certification period for the MTU-AAUP by four months following the posting of the order by the administration.
In her decision, Judge Stern finds that the administration's determination of the size and method of allocation of the salary pool each summer is "a discretionary decision" and observes that "the amount of money allocated to faculty salaries has varied considerably from year to year." In addition, she observes that "there was no established formula for dividing the money among merit, market and promotional pay." Thus, she concludes that the MTU-AAUP had the right and the administration had the obligation "to bargain over all aspects of the University's 2005 salary increases which were not controlled by past practice. This included the size of the salary pool as well as the percentage allocated to merit pay, market/equity pay, and promotional increases."
In addressing the question of the petition for a decertification election, Judge Stern concluded: "The Employer's unilateral action on the critical issue of salaries while the parties were involved in negotiating their first contract communicated to employees that the Union was essentially powerless and irrelevant. I find that the Employer's action naturally tended to cause faculty dissatisfaction with their labor representative and that a free and fair election could not be conducted in these circumstances."
Court of Appeals Rejects Domestic Partner Benefits
February 3, 2007
On February 1, 2007, the Michigan Court of Appeals overturned a previous ruling allowing domestic partner benefits at state institutions. In the case of National Pride at Work v. Governor of Michigan, the three justices unanimously ruled the language of the amendment “unambiguous and plainly precludes the recognition of same-sex domestic partnerships.” Ingham County Circuit Court Judge Joyce Draganchuk previously ruled domestic partner benefits would not be affected under the 2004 Michigan Marriage Amendment.
Although spokespersons for the city of Kalamazoo, University of Michigan and Wayne State University have not publicly commented on the future of the case, an appeal to the Michigan Supreme Court is likely. The Michigan Conference of the AAUP filed an amicus brief in 2006 in support of domestic partner benefits. If the case is appealed, the conference will, in all likelihood, file another amicus brief with the Supreme Court.
In 2004, Michigan votes approved Proposal 2, a constitutional amendment for the “recognition of marriage.” The measure passed 59% to 41%. The amendment from Article I Section 25 reads “To secure and preserve the benefits of marriage for our society and for future generations of children, the union of one man and one woman in marriage shall be the only agreement recognized as a marriage or similar union for any purpose.”
Financial Panel Calls for Tax Reform, Education Investment
February 2, 2007
With lawmakers preparing to tackle the 2008 budget, the state is already looking at a $3 billion shortfall, a situation which will surely impact higher education funding. The demise of the Single Business Tax (SBT) is responsible for $2 billion. The remainder is due to the different growth rates of expenditures and tax revenue streams. While the SBT will be replaced by another business tax, its revenue may not match its predecessor. Republican lawmakers, business leaders and business associations such as the Michigan Chamber of Commerce have called for a cut in the new business tax in an effort to bolster Michigan’s struggling economy and attract new companies. Governor Granholm has insisted that the new tax completely replace the SBT revenue. In January, the Governor appointed an Emergency Financial Advisory Panel co-chaired by former governors Milliken and Blanchard to review the current fiscal dilemma and provide options to improve the long-term budgetary crunch. Their report, released February 2, advises the governor and legislature to restructure the tax system to reflect economic growth and to invest in higher education as a means of building a 21st century workforce.
Regardless of this report, it seems likely that 2007 will see a drop in higher education appropriations. Either party will be hard pressed to introduce new taxes for fear of the repercussions. Before the report was even released, the Detroit Free Press ran a front page story detailing how much people could expect to pay for a sales tax on services. While tax reform must occur, its passage is unlikely to balance the 2008 budget.
AAUP National Council Candidates
January 29, 2007
This year we have two very able individuals running for the AAUP’s National Council, a body which sets AAUP policy and oversees the activity of the staff. This 39 member body decides how to spend the dues money we pay. Of the 10 total districts, Michigan solely comprises district III. The term lasts for three years.
The candidates are Charles Parrish from Wayne State University and Howard Bunsis from Eastern Michigan University. Both serve as the President of their respective chapters. Each has a unique background and would bring different strengths to the council. Please take a moment to review their biographies and personal statements. This election is the lone opportunity every member has to directly shape the future actions of the AAUP. Please take the time to vote.
AAUP releases Contingent Faculty Index
December 12, 2006
In a recently released report, the AAUP provides new data to document the increasing predominance of non-tenure-track faculty in America’s colleges and universities. The AAUP Contingent Faculty Index 2006 provides data specific to individual college and university campuses on the number of full-time faculty with and without tenure, the number of part-time faculty, and the number of graduate student employees.