| In one of the more important aspects of the CFA’s work, representing faculty members who have grievances that go to arbitration, there is a growing frustration over an aggravating “delay game” being played by the CSU administration.
In the past decade, the situation has gotten worse. Disputes have been taking longer and longer to get resolved (the average case takes 2-1/2 years to get through the arbitration process), and the delays cause more costly litigation.
It’s a purposeful and expensive dragging of feet to avoid responsibility on the administration’s part, according to CFA Director of Representation Ed Purcell. “It’s no longer attributable to normal problems that might occur in a good faith collective bargaining agreement,” Purcell said, adding the administration uses the delay tactics to accomplish a number of things, including defaming the union. “It sends a message to the employee that collective bargaining doesn’t do any good.”
CFA plans to address this issue during contract negotiations for a successor Unit 3 Collective Bargaining Agreement
“Justice denied diminishes justice everywhere…” — Martin Luther King, Jr.
Some of the main points CFA’s Bargaining Team will address are:
1. It is unjust for faculty members’ grievances to be delayed
2. The last war is re-fought…again & again
3. It’s a fight to get the necessary evidence from administrators
4. The CSU’s lawyers adopt absurd legal positions to foul up the process
On the offensive, CFA will:
1. Improve the contract’s grievance and arbitration clauses
In the coming talks, CFA must push for stronger language that would short-circuit the delay tactics. Some of this would address late penalties, evidence, punitive damages, precedents and hearing rules.
2. Publicize the problem
CFA will raise this issue with the campus community, the public, and the news media to cast light on these delays that the administration tries to work in back rooms filled with lawyers.
3. Raise this injustice with elected leaders
Through CFA’s well-established, active work with elected officials, the faculty must take this problem to our elected officials.
4. Education: Faculty members must know and stand up for our rights
Faculty members should get to know the Higher Education Employment Relations Act (HEERA), the Unit 3: Faculty contract, and CSU’s established rules. To stand up for our rights, faculty members can learn to organize, to negotiate and to use publicity.
5. Work with others on shared issues
CFA must continue to build alliances with other campus unions—which share the problem of grievance delays—with the whole campus community, and with other allies who support fairness for the faculty and a strong CSU.
Send CFA feedback on representation delays you’ve experienced: editor@calfac.org
See past Headlines reports on Justice Denied issues.
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Justice Denied
