From: Barbara Bowen <bbowen@pscmail.org>
Date: July 9, 2020 at 4:24:55 PM EDT
To: Chancellor <Chancellor@cuny.edu>
Cc: Felo <Felo@cuny.edu>, William Thompson <wthompson@scscapital.com>, Andrea Vasquez <avasquez@pscmail.org>, Gayle Horwitz <Gayle.Horwitz@cuny.edu>, Pamela Silverblatt <Pamela.Silverblatt@cuny.edu>, Derek Davis <Derek.Davis@cuny.edu>
Subject: Re: Demand for Notice and Opportunity to ConsultDear Felo,
Thank you for the response. I know your meeting is coming up shortly, so I will respond briefly.
First, if the resolution is “simply a delegation of authority to allow for the necessary planning for the Fall,” why does it have to be passed with such urgency? The last-minute publication of the resolution and the one-day notice of an emergency meeting do not comport with your suggestion that the resolution is a formality, in order to facilitate planning. Thus, the PSC does not accept the position you appear to take that the vote on the resolution must go ahead today - leaving no time for the legal requirement of consultation with the PSC. Your response fails to demonstrate that there is such urgency about passing this resolution that the vote could not be postponed.
Second, the PSC does not accept consultation after the fact, no matter how “high-level,” as fulfillment of the contractual requirement that the Board consult “prior to said action being taken.”
Let me be clear on what the contract says: the “action” being taken is action -that is, a vote - on the resolution, not implementation of the resolution after it has been passed.
Thus, while the union is always happy to discuss matters concerning the health and safety of our members with you - and while we have been calling for negotiation on exactly these issues since May 8 - I want to be absolutely clear that the consultation you offer, after a vote is taken by the Board on the “instant resolution,” does not fulfill the Board’s obligation under the CBA. I will provide suggested dates for a consultation on reopening, but such consultation will not fulfill the requirements of Article 2.
If the Board goes forward with the vote on the resolution today, the PSC will use every means at our disposal to challenge the Board’s action.
Finally, your expectation that the union would accept a consultation after the fact, when it would be meaningless to influence the Board discussion, as a substitute for the contractually required consultation before the fact is an insult to the entire PSC membership.
Sincerely, Barbara
Barbara Bowen President, Professional Staff Congress/CUNY On Jul 9, 2020, at 1:11 PM, Chancellor <Chancellor@cuny.edu> wrote:
Dear Barbara,
I write in response to your earlier email to Chairperson Thompson and me. As you know the situation around COVID-19 and the actions planned by colleges and universities across the country have been varied. Some colleges and universities have announced that they are bringing students back on campus – including to residence halls – while others decided early on that they would be remote in the Fall. The instant resolution, based upon relevant regulatory authority, is simply a delegation of authority to allow for the necessary planning for Fall. If anything, the resolution contemplates a continuation of the status quo regarding instruction and services (i.e., seeks to preserve minimized on-campus presence). To the extent that there may need to be variations for certain classes to be conducted in person, or services to be delivered on-site, pursuant to the Interim Guidance for Higher Education, the Colleges will need to develop plans for implementation; those plans will be college-specific and will include stakeholder consultation. The nature of this resolution is to allow oversight and direction to the Colleges to plan for the Fall knowing that the Board of Trustees expects that, to the extent practicable, instruction continue in the distance learning modality, and remote services continue as they are currently being delivered, with the goal of minimizing campus density.
There is no immediate action occurring as a result of the resolution. Rather it provides a context for the Colleges within which to plan for the Fall and develop the plans required as part of the phase 4 process. All of the colleges are aware that the guidance requires consultation as part of their planning processes. There will be time for consultation as the plans are developed.
Notwithstanding the above and without conceding that we agree with the PSC’s assertion that the University’s obligation pursuant to the collective bargaining agreement is implicated by this resolution, we will schedule a high level consultation, including the relevant University officials to hear your concerns at the earliest mutually convenient time. Best,
Felo