United Academics and the University held their last bargaining session on September 18, 2013. The parties reached a tentative agreement on their first contract.
Article 14: Appeal from the Denial of Tenure and Promotion
The University presented an Appeal from Denial of Tenure or Promotion counterproposal, which accepts the Union’s last proposal on the subject except for one aspect — the membership of the Provost-appointed committee to review promotion denials that do not result in a terminal contract. The University’s proposal strikes a compromise on the make-up of the committee by mandating that the three-member committee include at least one bargain unit faculty member. After caucusing, the parties agreed to language mandating that at least one of the committee members be appointment from a list of nominees furnished by the Union. The parties tentatively agreed to the proposal.
Article 25: Termination without Cause for Program Elimination or Reduction
The University presented a counterproposal for the article previously titled Termination without Cause for Financial Circumstances or Reorganization. In its proposal, the University struck a compromise by eliminating provisions allowing for termination without cause for financial exigency. Under its revised proposal, the only basis for termination without cause is the elimination or reduction of a program for financial or academic reasons. The proposal also provides that the rights outlined under the article relating to transfer, notice, new appointments and reappointment apply to anyone who is terminated without cause under the article.
After caucusing, the Union presented a counterproposal, which requires a “demonstrably legitimate financial need” for program elimination or reduction and adds language to the provision addressing the procedures for faculty input in the case of elimination or reduction. The proposal also extends the required notice period from 180 days to a full year or the remaining appointment duration, whichever is shorter. The parties tentatively agreed to the proposal.
Article 7: Academic Freedom, Free Speech, and Responsibility
The Union presented an Academic Freedom, Free Speech, and Responsibility counterproposal. The preamble of the proposal cites the University’s robust view of academic freedom and freedom of speech, as stated in its Mission Statement, designed to ensure that faculty have the freedom to conduct research, to teach, to engage in internal criticism, and to participate in public debate. The proposal also provides that the University encourages and supports open, vigorous, and challenging debate across the full spectrum of human issues as they present themselves to the university community and that the University protects free speech through Policy Number 01.00.16 and all bargaining unit faculty have the protections derived from that policy. The University accepted the Union’s proposal.
Article 30: Overhead Policy and Transparency
We explained that the University would not present a counter to the Union’s Overhead Policy and Transparency proposal, because the University does not agree that the topic is appropriate for a collective bargaining agreement. We offered, however, to arrange a meeting with the Vice President of Research and Innovation for faculty members who have questions about the facilities and overhead process.
Article 9: Contracts
The Union presented a Contracts counterproposal, which extends the minimum contract duration for NTTF bargaining unit faculty members. Bargaining unit faculty members in the first rank of an NTTF classification whose appointments are not funding contingent will have at least: one-year contracts during the first four years of employment in rank and two-year contracts thereafter. Bargaining unit faculty members in the middle rank of an NTTF classification whose appointments are not funding contingent will have at least three-year contracts. The proposal also mandates that Career NTTF receive a notice of nonrenewal be provided with a written statement documenting the reasons for nonrenewal. The University accepted the Union’s proposal, which give Career NTTF the opportunity for three-year contracts six years earlier than did our last proposal.
Article 49: Acceptable Use of University Information Assets
The Union presented an Acceptable Use of University Information Assets counterproposal. Previous proposals exchanged by the parties included a requirement that the University provide the Union with notification when it exercises its rights to withdraw permission or access certain information. The Union’s proposal clarifies that the University is required to provide such notice in a timely manner.
The Union’s proposal also addresses the ongoing discussion regarding the University’s right to access information stored on university information assets. The proposal adopts current policy and provides that, subject to law and applicable policy, authorized university personnel with a demonstrably legitimate need may access specific information assets in order to fulfill their official professional responsibilities, as described in UO Policy Number 100.00.01, Data Access. In acknowledgment of the University’s legal obligation to disclose records, the proposal requires bargaining unit faculty members to provide the University documents not created or stored on university information assets as required to comply with federal or state public record disclosure statutes. The parties tentatively agreed to the proposal.
Salary, Intellectual Property, and Conflict of Interest and Commitment
The Union presented a three-part package addressing the topics of Salary, Intellectual Property, and Conflict of Interest and Commitment. The Union explained that its proposals with respect to the three topics were offered as a package, aimed at resolution of the collective bargaining agreement. First, with respect to Salary, the Union acknowledged that the University came quite a distance to address the Union’s concerns about salary through across-the-board raises, merit raises, compression/equity adjustments, and salary floors. The Union explained that it preferred a larger salary offer, but as a part of its package designed to resolve the collective bargaining agreement, it would accept the University’s last Salary proposal. With respect to Intellectual Property, the Union presented a Memorandum of Agreement, which provides that, within 30 days of the ratification of the agreement, the parties will create a joint committee to discuss the full range of issues raised at the bargaining table with respect to the Intellectual Property article. The creation of a joint committee permits the parties to continue to explore issues surrounding intellectual property, while simultaneously allowing the parties to proceed with resolution of the collective bargaining agreement. Finally, with respect to the Conflict of Interest and Commitment, the Union proposed that both parties withdraw their proposals and maintain the status quo.
The University tentatively agreed to the Union’s package offer and explained that the University intended to invite the Union to engage in a continued conversation about conflict of commitment and consulting. This tentative agreement represented resolution of all substantive provisions of the parties’ collective bargaining agreement.
Preamble
At the close of bargaining, the Union presented a Preamble counterproposal. In recognition of the parties’ tentative agreement to all substantive provisions of the collective bargaining agreement and in the spirit of collaboration and conciliation, the Union explained that it is willing to resolve the nomenclature issue by referring to the University as the “University,” which is defined in the Preamble as the institution of higher education composed of faculty, students, and staff, which employs the University of Oregon faculty. The parties agreed to the Preamble, therefore resolving the nomenclature issue. We acknowledged the Union’s significant gesture in this regard.
