UO Matters said to Blandy:
Hi Doug - a bit about your claim UO has not engaged in retaliation, here: http://www.uomatters.com/2013/01/live-blog-bargaining-v-12213.htmlBlandy replied:
Bill, That was not my claim. I stated that when people come forward with a grievance I believe the institution is on notice to be hyper-vigilent that retaliation does not take place. D.Jean Stockard (PPPM Prof, see below) says:
Blandy’s statement is certainly contradicted by my experiences when I tried to help students from another country (actions that were both morally and legally required). The evidence we gathered through my legal case indicate that he was centrally involved in both the planning and execution of very severe retaliation.I asked Blandy if he wants to respond to this, nothing yet.
Live blog disclaimer: My interpretation of what people said, meant to say, or what I wished they'd said. Nothing is a quote unless in quotes.
The central scene was the administration's claim that UO does not retaliate, so the union needn't worry about putting protections in the contract or making them subject to binding outside arbitration. Bullshit:
I'm thinking about the Jean Stockard case - former professor in PPPM. Just a few years ago UO paid her a $500,000 legal settlement, because the administration retaliated against her for sticking up for some Korean students who were getting screwed by a UO foreign exchange program. The retaliation ranged from substantial (hence the penalty) to the petty – like cutting off her uoregon.edu email address. UO did not admit to the retaliation in the legal settlement, as the Oregonian reported here. That's quite a bit different from a baldfaced claim there was none.And, from Law School prof emeritus Cheyney Ryan, in the comments:
Doug Blandy is aware that his own office has engaged in retaliation. (He and I have communicated about it.) In the fall of 2011, his predecessor Russ Tomlin issued a public statement charging me with "causing turmoil" by bringing sexual harassment concerns to the attention of the administration. My attorney estimated that Tomlin's action violated 19 federal, state, and university policies on, among other things, retaliation. When I brought this to the attention of his superiors they did not argue; a resolution was reached within a week. I had lots going for me, though--I was a very senior faculty member that had just been offered a post at Oxford University. Faculty need protection from retaliation like this, which is why they need a union.Why sacrifice your credibility to support Rudnick, Doug? Surely you will want it for something more important, someday.
Then there's this threat from Randy Geller, sent to Senate President Rob Kyr and IAC Chair Brian McWhorter this summer, threatened retaliation for meddling with his efforts to sneak Rob Mullens's drug scheme through without faculty or public review:
... Your allegations about the University's rulemaking processes are offensive and false , as are the comments made publicly by members of the Intercollegiate Athletics Committee. I ask that you apologize in writing to President Berdahl, Rob Mullens, and me. I also ask that you censure the members of the IAC who have published offensive and defamatory comments.
University of Oregon
Imagine what happens if you are non-tenured? No, don't. Safer to keep your head down, given Blandy's role in promotion and tenure.
Cast of Characters:
Geller seems to have been permanently banned, Mauer is off this week.
Rudnick present @ $400, also an earnest looking Blandy, sour-faced Gleason, 2 Harrang staffers - at $75 each?
Barbara Altmann - or whoever is writing the official administration blog for her, has posted a statement about the bargaining, here.
Sharon Rudnick does not start by telling the bargaining team about how she gave up $400 an hour in tobacco company billings by spending her Monday honoring MLK, washing the feet of homeless vets suffering from PTSD on the downtown mall. Very classy move, keeping her good works quiet.
Professional Responsibilities: Admin caves, will agree to union proposal for every unit having its own written collaborative policy on responsibilities, with Dean or Provost having ultimate responsibility. They cave again: overload decisions may be grieved (not arbitrated by outsider.)
Psaki: Glad to hear you agree admin should have policies and abide by them. Deans are too busy, units must draft, and deans will modify and approve. Rudnick: Looking very weary, we give up on this, we will not dictate policies, faculty will have voice. Blandy: Allows for lots of faculty input. Green: Doesn't specify a process. Rudnick: Yes, it's possible a Dean could run around the faculty. Gleason: Sure, but he wouldn't last long. (Really? Faculty review Deans around here?) Pratt: Current policy on tenure policy is that dept faculty vote to approve any policy. Why not do that here? Rudnick: This doesn't prevent that. Pratt: Fine, why not require that? Rudnick: confused. Gleason: Difference between contract and policy. Current practice should continue. (He *really* doesn't want al these great current practices made part of the agreement! Cecil: Would the process and outcome be grievable if it violated current policy and practice? Rudnick: No. faculty just make recommendations, Dean and Bean can ignore them. Cecil: What if Dean decided not to follow current policy. Grievable? Move on.
Rudnick: Not that changed. Admin will not do political deductions. Union needs to deal with the religious objections, not the admin. (I'm not clear on the fair-share part. Has the admin agreed to this yet? I don't think so.)
Rudnick: Admin (she's given up claiming she's the UO for now) would let employee and union decide how to procede - internal, grievance, arbitration. Cecil: Here you will have to agree to allow arbitration. Davidson: Start with internal process, then choose between arbitration and court. Rudnick: right. Rudnick runs circles around Cecil on how to determine a standard for unlawful versus lawful discrimination/consideration. Adopt Oregon or ERB law or something specific - can't just say "you can't discriminate". Green: Is there a place online where UO states its sexual harassment policy? Blandy: Yes, several places.
Break time. Back.
Art 15, Grievance Procedure:
Long discussion about grievances. The union wants to be allowed to file grievances on behalf of members. The admin wants to require a specific faculty member or group to come forward. Suppose it's a case of a department systematically paying females assistant professors less. They would be unlikely to be willing to file a grievance, because of all the possibilities of systematic retaliation, e.g. when they come up for tenure. Note that this retaliation could even be outside UO – branded as a troublemaker in their field. Green wants union to be able to act on their behalf. Rudnick does not – people must be willing to accept the consequences of filing a grievance.
Blandy denies UO has ever retaliated, “not in our culture” – not clear if he is clueless or disingenuous – looks very sincere. Chuckles from the room.
I'm thinking about the Jean Stockardcase - former professor in PPPM. Just a few years ago UO paid her a $500,000 legal settlement, because the administration retaliated against her for sticking up for some Korean students who were getting screwed by a UO foreign exchange program. The retaliation ranged from substantial (hence the penalty) to the petty – like cutting off her uoregon.edu email address. Note that UO did not admit to the retaliation in the legal settlement, as the Oregonian reported here.
Does Doug Blandy really think he would have got his $170K VP for Ac Affairs job if he'd complained about something substantial to JH sometime earlier in his career, got no satisfaction, made the complaint publicly, and embarrassed, say, Jim Bean? Or that this will never happen again with Bean's replacement?
More discussion of timelines. Boring, except union wants 365 days for discrimination, admins want a month or two. This came up in the 2008 Presidential election – Republicans wanted tight deadline, Obama wanted a looser one.
Art 16: Arbitration: Important, but I'm snoozing. Read it yourself. Rudnick doesn't want to let grievant, witnesses use work time to resolve work time. Admin will let them have time off, but union must pay for the time!? Cecil: What exactly is your problem with this so I can craft compromise language?
Davidson: Suppose a faculty member pleads guilty to smoking pot. Could they be fired? Could that go to arbitration? Cecil: Give an example. Rudnick: Suppose you forge a parking pass. Arbitrator reinstates. That's stealing, UO is not required to re-employ them. Davidson: Suppose I publish a critique of Knight's labor practices. Arbitratable or not? Rudnick: May be different points of view?
Q from the floor: Suppose a fac member is convicted of producing and selling drugs. Fire em? Rudnick: Could, if the law says there's a connection to ability to perform job. I think it would affect your ability to be a professor. (Suppose it was civil disobedience?) Under admin's language you could be fired, go to arbitration, but arbitrator could not order UO to reinstate you. Cecil: That will depend on what the “discipline” section of the contract says. Pot – soon legal under Oregon law, but probably not federal. Can you be fired for that? We'll know soon.
Rudnick: Will call Cecil about Thursday – union has some counters to counters, Rudnick may have more counters.