Dear Chairperson Thompson and Chancellor Matos Rodríguez:
I received an email at 2:29 p.m. today with notice of a Special Meeting of the Board of Trustees scheduled for tomorrow, July 9. Attached to the meeting notice was the calendar of proposed resolutions, including the following:
THE CITY UNIVERSITY OF NEW YORK – APPROVAL TO SUPPORT THE EXTENSION AND CONTINUANCE OF THE ONLINE AND DISTANCE LEARNING INSTRUCTIONAL MODALITY FOR THE DELIVERY OF COURSES IN DEGREE AND NON-DEGREE PROGRAMS AND THE OFFERING OF REMOTE SUPPORT SERVICES FOR THE UPCOMING FALL 2020 SEMESTER.
This is the first notice of the proposed calendar item the PSC has received. On behalf of the PSC, I am writing with a demand that the resolution not be submitted for a vote until the PSC has been provided with "an opportunity to consult in respect of said action prior to said action being taken or becoming effective," as stated - and agreed to by the University - in Article 2.4 (c) of the Collective Bargaining Agreement.
Taking action on the proposed resolution would be in violation of the Agreement. Note that the CBA states that "such opportunity for such advance consultation shall be provided unless manifestly impracticable." Consultation in this case is not manifestly impracticable; in fact, the PSC has been demanding to bargain on matters concerning remote work since May 8, when we submitted impact-bargaining demands. The University has consistently refused to bargain on issues of reopening.
The PSC is aware that the CBA also states that "the PSC's consent to such action shall not be required prior to such action being taken or becoming effective, unless the Board action shall be inconsistent with a stated term of this Agreement." The PSC has had no opportunity to study the proposed resolution to determine if it is inconsistent with a stated term of the CBA. But there is hardly any term or condition of employment that affects the PSC bargaining unit more than whether work will be conducted remotely or in person.
Further, the NYS Phase Four Detailed Guidelines for Higher Education Reopening state that: "Plans should reflect engagement with campus stakeholders, including but not limited to administrators, faculty, staff, students and, where appropriate, affiliated organizations (e.g., union, alumni, and/or community-based groups)" [emphasis added]. There has been zero engagement with the University's largest union, the PSC.
While it may be that the PSC would not disagree with many of the provisions of the proposed resolution, submitting the resolution for a vote without any consultation with the PSC is a violation of the Collective Bargaining Agreement, quite possibly a violation of the NYS reopening guidelines, and a profound insult to the faculty and professional staff on whose work the University depends.
I look forward to hearing that the vote on the resolution has been postponed and that you offer dates for consultation with the PSC. I will provide the PSC membership with a copy of this email message.
Sincerely,
Barbara Bowen
President, PSC