Phone: 814-227-2420 www.apscuf.org September 2016 Executive Committee: President – Ray Feroz; Vice President – t/b/d; Secretary – Karen Bolinger; Treasurer – Linda Lillard; Delegates –Ray Feroz, Karen Bolinger, Barry Sweet; Jonathan Touster, t/b/d Alternate Delegates – Nancy Clemente, Ellen Foster, Jennifer May, Karl Sprenger, Lorie Taylor; Coaches President - Al Modrzejewski ; Coaches Vice President – Sean Esterhuizen; Coaches’ Grievance Chair – Eric Laughlin; Venango Campus – Paul Klenowski; CAP – Joseph Croskey; DRC – Mary Buchanan; Grievance – Mark Kilwein; Health & Welfare – Marilyn Howe; Legislative – Jonathan Touster; Membership – Rhonda Clark; Negotiations – Ray Feroz; Nominations & Elections – YooJin Ha; Social Justice – Amy Conner-Love; Public Affairs/Relations – Christopher McCarrick; Student Liaison – Naomi Bell O’Neil; Rules & Bylaws – Carey Childers; Mobilization Co-Chairs – Dan Clark & Lorie Taylor; State APSCUF Executive Council – Joyce Overly The President’s Message… Hello Colleagues, Welcome back! Hope your summer was great! Thanks for being a member of APSCUF! It is an honor to serve as your chapter president. Being a faculty member at Clarion and working with colleagues makes this the best job on earth! And special thanks to all of our members who serve tirelessly in APSCUF leadership and committees. Well-deserved recognition and thanks go to Beth McDaniel for her past 3 years as serving as our APSCUF president. I know you will join me in wishing her all the best in retirement. Thanks for joining us at the fall bargaining unit meeting on Thursday September 8 th at in Moore Hall. My first priority is to keep our members in the loop – to communicate and over communicate. This will be done using meetings, the monthly Newsletter, and more importantly, via frequent e-mail so you can receive information in a timely manner. During eventful times, these e-mails will come often. Philosophically, I aim to develop a positive working relationship with President Whitney and the administration. We all want great things for Clarion University - there is much more that unites us than divides us! However, we will not condone harm to our members by disregard for the CBA. We all realize that such disrespect has happened in the last few years, and my hope is that with the recent administrative changes we can reset with a new collaborative win-win approach. Time will tell if this is naïveté on my part. Now, let’s get down to business. We have been working for 441 days without a contract. The first year of negotiations after contract expiration there was zero progress; in fact, SSHE’s bargaining could be described as “in bad faith.” The State System of Higher Education (SSHE) fired their negotiating team in January and regrouped in April to begin negotiations. Some progress has been made this summer in terms of minor points, and that is good. However, there has been no progress in terms of the most important issues: shared governance (esp. decisions regarding hiring, promotion, assignments, tenure and sabbatical leave), job protection, fairness to adjuncts, pay and benefits. It is noteworthy that our pay is frozen at 2015 rates while other unions have had 1-year contract extensions, raises, and entire new contracts. “Dismissive” is the word (Continued on Page 2) September, 2016 www.apscuf.org/universities/clarion 1 used to describe the SSHE’s approach toward our negotiating team at the most recent negotiation session. In contrast The Derrick on Saturday September 3 featured an article on Governor Wolf giving state government managers “the largest boost in pay they have received in decades and perhaps longer.” (!) On August 25th the Legislative Assembly voted unanimously to send a strike authorization vote to the faculty in the 14 universities. On September 7-8-9 faculty here and statewide voted by a strong 93% margin to give the negotiations committee the right to recommend a strike to our state president. On September 14-15 coaches will take the same vote. As with the faculty, I urge the coaches to vote in favor. Power respects power. If we stand up for our rights, we will deliver a strong message about the faculty’s support for a fair contract. We are a community of scholars who support each other. Solidarity at Clarion and with our colleagues at the other 13 SSHE universities is critical. And what is good for us is good for our students and public education. I thank you for your membership, service, and your commitment to greatness at Clarion University. Stay tuned… In solidarity, Ray FALL 2016 MEETINGS (Please mark your calendars!) EXECUTIVE COMMITTEE (EC) (Rhea Conf. Room @ 3:30 pm) Tuesday, September 20 Tuesday, October 4 Tuesday, October 18 Tuesday, November 1 Tuesday, November 15 Tuesday, November 29 Fall 2016 MEET & DISCUSS @ 2 pm Friday, October 14 (Pre-Meet) Friday, October 21 (Meet & Discuss) Friday, November 4 (Pre-Meet) Friday, November 11 (Meet & Discuss) Friday, December 2 (Pre-Meet) Friday, December 9 (Meet & Discuss) DEPARTMENTAL REP COUNCIL (Rhea Conf. Room @ 3:30 PM) Tuesday, October 11 Tuesday, November 8 Tuesday, December 6 GENERAL MEMBERSHIP & BU MEETINGS Tuesday, September 27 @ 3:30 pm – 250/252 Gemmell (Pres. Ken Mash campus visit) LEGISLATIVE ASSEMBLIES September, 22-24, 2016 (Red Lion Inn, Harrisburg) February 9-11, 2017 (Wyndham, Gettysburg) April 27-29, 2017 (Toftrees, State College) ATTENTION ALL APSCUF MEMBERS (Faculty & Coaches): The Clarion APSCUF General Membership Meeting will be held on Tuesday, September 27th @ 3:30 pm in Room 250/252 Gemmell Student Center. There will be a campus visit by State APSCUF President Ken Mash. Light refreshments will be served. ☺ Please mark your meeting calendars and make an effort to attend this important meeting. The Clarion APSCUF office will be closed on the following days: Wednesday, September 21, Thursday, September 22 and Friday September 30. Fall 2016 Supplemental Payments Overload & Related Payments – October 28th paycheck Distance Education – November 23rd paycheck September, 2016 www.apscuf.org/universities/clarion 2 SPECIAL ELECTIONS FALL 2016 PART I: The Nominations & Elections Committee announces the vacancy on the University-wide Promotion Committee. The Special Election to fill this vacancy is now being conducted and will take place via absentee ballot; Absentee ballots can be sent thru campus mail, US Postal Service or hand delivered to the Clarion APSCUF office located in the Rhea Building. Absentee ballots must be received in the APSCUF office no later than noon on FRIDAY, SEPTEMBER 16, 2016. Results of the election will be announced through e-mail. SPECIAL ELECTIONS FALL 2016 PART II: The Nominations & Elections Committee announces the vacant APSCUF Leadership Positions: Chapter Vice President and Delegate to the Legislative Assembly. The Special Election to fill these vacancies that are now being conducted and will take place via absentee ballot; Absentee ballots can be sent thru campus mail, US Postal Service or hand delivered to the Clarion APSCUF office located in the Rhea Building. Absentee ballots must be received in the APSCUF office no later than noon on FRIDAY, SEPTEMBER 16, 2016. Results of the elections will be announced through e-mail. If you have any questions about this special nominations and election process, please contact N&E Chair YooJin Ha at yha@clarion.edu or x 2014. Thank you in advanced for your consideration. Clarion APSCUF Nominations & Elections Committee FRESHMAN MOVE-IN DAY – The MOVERS & the GROOVERS!! THANK YOU to the following APSCUF volunteers that participated in the Freshman Move-In Day – Movers & Groovers Program: Mary Buchanan (Libraries) Ray Feroz (Human Services) Vasudeva Aravind (Physics) Peggy Apple (Education) Karl Sprenger (Education) Robin Bilan (Nursing) Mary Pat McCartney (CSD) Jackie Knaust (Chemistry) Chunfei Li (Physics) Paul Woodburne (Economics) Bell O’Neil (Communication) Jamie Phillips (Social Sciences) Jeanne Slattery (Psychology) John McCullough (Education) Marcella McConnell (Education) Kari Morris (Nursing) Jesse Haight (Education) Lorie Taylor (Special Education) Mark Kilwein (Human Services) Joyce Overly (Chemistry) Amy Shannonhouse (Education) Colleen McAleer (CSD) William Pratt (Finance) More photos of Freshman Move-In Day can be seen on Clarion APSCUF’s Facebook page. Like us and check it out!! ☺ Have you moved over the summer? If so, please be sure to inform Jan in the APSCUF office of your new address. Reporting your new address to Human Resources does not guarantee that we have received this information. You will also need to change this with the PA Faculty Health & Welfare Fund, your dental and vision provider. For a new enrollment card, please contact the APSCUF office today at 227-2420 or e-mail Jan at jwalters@clarion.edu. September 2016 www.apscuf.org/universities/clarion 3 WELCOME New & Returning APSCUF Members!! ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ Catherine Allgeier – Accountancy Ryan Begley – Social Sciences Keith Bell – Justice, Law, Technology & Liberal Arts Melanie Best - Nursing David “DJ” Bevevino – Student Affairs Faculty Athletics James Bolinger – Chemistry, Mathematics & Physics Lauren Brubaker – Student Affairs - Counseling Kristina Brzoza-Lewis – Biology & Geosciences Shawn Collins – Biology & Geosciences Michael Di Giacomo – Social Sciences Jeffrey Diamond – Social Sciences Sarah Gallagher – Communication Science & Disorders John Gareis – Communication Timothy Griffin – Student Success Mark Guglielmo - Economics Sara Heyl – Visual & Performing Arts Ginelle Hunsberger – Nursing Cristin Ketley – Special Education Kayhan Koleyni – Economics Crystal Moore – Communication Sciences Disorders Shelly Moore - Nursing Darlene Natale - Communication Christine Okpomeshine – Nursing Kenneth Saban – Management & Marketing Grzegorz Sambor – Human Services, Rehab, Health & Sport Sciences Kimberly Schwabenbauer - Human Services, Rehab, Health & Sport Sciences Briana Steele – Student Affairs – Counseling Jessica Thomas – Biology & Geosciences Jeffrey Tienes – Social Sciences Diane Weckerly – Justice, Law, Technology & Liberal Arts Steven Baisey – Assistant Football Coach Kyle Kiss – Assistant Football Coach APSCUF MEMBERSHIP – APSCUF Membership is open to ALL active faculty and coaches - Tenured, Tenure-Track, Full-time Temporary, and Part-time Temporary. If you wish to join APSCUF and have not completed a membership card, please contact Jan Walters in the APSCUF office at (813) 227-2420 or email her at jwalters@clarion.edu to request a membership application. Mmmmm….ARE YOU TRYING TO FIND ALL THE PROMOTION, TENURE, SABBATICAL LEAVE AND/OR EVALUATIONS INFORMATION AND MATERIALS? Go to the Clarion APSCUF webpage at www.apscuf.org/universties/clarion and click onto “Documentation Center” (right-hand side). For a quick reference, please place this in your “favorites”. Note that all materials are updated on the web when received from each university-wide committee chair. University-wide Contractual Committee Chairs Tenure Chair – Adam Roberts Sabbatical Leave Chair – Mark Lepore CCPS Chair – Adam Roberts (Fall only) Promotion Co-Chairs – Lana Smith For a complete listing of all the members of the contractual committees, go to www.apscuf.org/universities/clarion . Scroll down toward the bottom and then click onto Clarion University-wide Contractual Committees. September 2016 www.apscuf.org/universities/clarion 4 NEW TENURE-TRACK FACULTY Welcome new tenure-track faculty for the Fall Semester 2016! ❖ Jayakumar Annadatha – Computer Information Sciences ❖ Shawn Collins – Biology & Geosciences ❖ Kristina Dworek – Communication Sciences & Disorders ❖ Cristin Ketley – Special Education Christine Okpomeshine – Nursing Briana Steele – Student Affairs Faculty Cate Stiller – Nursing Jody Strauser – Computer Information Sciences ❖ Jessica Thomas – Biology & Geosciences ❖ ❖ ❖ ❖ TENURE GRANTED Congratulations to the following faculty who have been granted tenured effective the Fall Semester 2016! ❖ ❖ ❖ ❖ ❖ ❖ ❖ Peggy Apple – Education Simon Aristeguieta-Trillos – Library Science Amy Conner-Love – Special Education Duane Farnsworth – Chemistry, Mathematics & Physics Jacqueline Knaust – Chemistry, Mathematics & Physics Kate Overmoyer – Chemistry, Mathematics & Physics Daniel Shifflet – Chemistry, Mathematics & Physics PROMOTIONS ANNOUNCED Congratulations to the following faculty who have been granted promotions effective Fall Semester 2016! ASSOCIATE TO FULL PROFESSOR: ❖ Ellen Foster – English & Modern Languages ASSISTANT TO ASSOCIATE PROFESSOR ❖ Peggy Apple – Education ❖ Amy Conner-Love – Special Education ❖ YooJin Ha – Library Science ❖ Daniel Shifflet - Chemistry, Mathematics & Physics SABBATICAL LEAVES GRANTED for 2017-18 AY Congratulations to the following faculty who were granted sabbatical leave for the 2017-2018 Academic Year! ❖ Julia Aaron – Social Sciences ❖ Robert Balough - Economics ❖ Gustavo Barboza – Management & Marketing ❖ Dip Bhattacharya - Chemistry, Math & Physics ❖ Joseph Bodziock – English & Modern Languages ❖ Mark Kilwein – Human Services ❖ Andrew Lingwall - Communication ❖ Robert Levy – Visual & Performing Arts ❖ Christopher McCarrick – English & Modern Languages ❖ Dana Madison - Chemistry, Mathematics & Physics ❖ Kathleen O’Donnell – English & Modern Languages ❖ Miguel Olivas-Lujan – Management & Marketing ❖ Randall Potter - Psychology ❖ Sandra Trejos – Economics Best wishes to the following faculty who are on sabbatical leave for the 2016-2017 Academic Year! ❖ ❖ ❖ ❖ James Maccaferri – Library Science Catherine Petrissans – Social Sciences Kevin Roth – Marketing & Management Rod Raehsler – Economics September 2016 ❖ ❖ ❖ ❖ www.apscuf.org/universities/clarion Anthony Vega – Biology & Geosciences Robert Balough – Economics (Fall) Barry Sweet – Social Science (Fall) Jon O’Donnell – Communication (Spring) 5 September 2015 www.apscuf.org/universities/clarion 6 OVERLOAD AND RELATED PAYMENTS According to the attached documentation, overload and related payments must be submitted locally between now and by no later than October 7, 2016. Overload and related payments will be included in the October 28, 2016 pay, if the schedule is followed. If a faculty member has not received an overload payment in his or her October 28, 2016 paycheck, there are three likely possibilities: either (1) the faculty member has not yet earned credit overload (see explanation below); or (2) the paperwork to authorize the payment was not sent to your Payroll Office; or (3) your Payroll Office has questions about the paperwork. In any case, please keep in mind that the affected faculty member will have forty (40) days from October 28, 2016 to file a grievance if he or she has not received an overload payment or disputes the amount paid. This means that such grievances must be filed at Step Two of the Grievance Procedure by no later than December 7, 2016, in order to be timely. Please remember that most faculty members who teach 15 credits in the fall do not earn credit in the fall even if they are scheduled to teach 12 credits this spring, as their workload could be modified to 9 credits in the spring, making them ineligible for overload compensation. If the faculty member actually does teach 12 credits this spring, he or she will have then earned the credit overload in the spring. DISTANCE EDUCATION PAYMENTS According to the attached instructions, distance education payment must be submitted locally between now and by no later than November 4, 2016. Distance Education payments will be included in the November 23, 2016 paychecks. If a faculty member has not received a distance education payment in his or her November 23, 2016 paycheck, either the paperwork to authorize the payment was not sent to your Payroll Office or your Payroll Office has questions about the paperwork. In any case, the affected faculty member will have forty (40) days from November 23, 2016 to file a grievance if he or she has not received a distance education payment or disputes the amount paid. This means that such grievances must be filed at Step Two for the Grievance Procedure by no later than January 3, 2017 in order to be considered timely. I recommend that you contact the administration on your campus who are responsible for entering this information to make sure that the input of both forms of compensation are dine in a timely manner. If you have any questions regarding this matter, please do not hesitate to contact me. Have a great semester. -Mary Rita DuVall, MILR Head of Labor Relations Department Association of Pennsylvania State College & University Faculties 319 N. Front Street, Harrisburg, PA 17101 717.236.7486 mrduvall@apscuf.org Let's Stand Together! Follow APSCUF on Twitter and Facebook! September 2015 www.apscuf.org/universities/clarion 7 On August 25th, a Special Legislative Assembly was held. Clarion Delegates voted on the recommendation to the membership for a faculty strike authorization vote. Motion was passed. An APSCUF Faculty Strike Authorization Vote was held on the Clarion and Venango campuses September 7 thru 9. APSCUF Faculty on all 14 SSHE Universities voted overwhelmingly to give leaders that authority. APSCUF Coaches will be holding their Strike Authorization Vote this week – September 14-15. September 2015 www.apscuf.org/universities/clarion 8 September 2015 www.apscuf.org/universities/clarion 9 FIRST, SOME BACKGROUND You may have heard that negotiations between the Association of Pennsylvania State College and University Faculties (the union that represents you) and the Pennsylvania State System of Higher Education (your employer) continue to be contentious. (See APSCUF’s news center and blog at APSCUF.org for information about past negotiations sessions.) The faculty and coach contracts expired June 30, 2015. APSCUF and State System negotiators have met repeatedly since late 2014, and we will meet as often as possible until we agree upon a fair contract. APSCUF’s goal is to achieve a fair, quality contract that helps faculty members and coaches over the course of their careers. Thus, we work in the best interest of students so we can attract quality faculty members and coaches to our universities and provide the best possible quality education. A strike will only be called if APSCUF does not believe that a contract can be reached without a job action. STRIKES AND THE LAW Is a strike by State System faculty legal? Yes. Under the Pennsylvania Public Employee Relations Act (also known as “Act 195”), a strike by APSCUF may occur at any time after its collective bargaining agreement with the State System has expired (ours expired June 30, 2015), provided that several dispute-resolution procedures have been exhausted. APSCUF will more than fulfill all such requirements. Therefore, if the membership authorizes a strikeauthorization vote, a strike can be held and will be legal. At that point, the State APSCUF Negotiations Committee would choose the exact date and time. Can I be fired if I go on strike? No. It is not legal to fire a striking worker in Pennsylvania. We can certainly expect the State System to attempt to or threaten to replace striking faculty members. This is a standard intimidation tactic used by corporate managers everywhere to try to coerce employees into accepting their contract proposals. It would be illegal (as an unfair labor practice) for the State System to offer anyone additional material compensation in return for crossing the picket line. May faculty members who are not members of the union legally strike? Yes. There is no difference between the rights of union members and non-members in the event of a strike, and APSCUF expects that ALL faculty members will strike should a strike be called. People who cross a picket line will benefit from the work of those who strike while hurting the efforts of those who do strike. Our solidarity is the key to a swift and fair contract settlement. Can untenured or temporary faculty be fired if they strike? No, they cannot be fired for going on strike. Untenured and temporary faculty members are full members of a bargaining unit participating in a legal job action, and they cannot be legally fired for such participation. Any attempt by the State System to do so would be dealt with swiftly in court. One goal of any strike would be to improve working conditions for all faculty members, including those in untenured and temporary positions. September 2015 www.apscuf.org/universities/clarion 10 DOLLARS, CENTS, AND CONTRACTS Will I get paid if I go on strike? No. Act 195 forbids pay to striking employees. However, faculty members are entitled to be paid for all work performed before a strike begins and also after it ends. Moreover, if we strike and an agreement is eventually reached to make up the work missed, faculty members would be compensated for the make-up work. What effect will a strike have on my medical insurance? See healthcare section at the end of this document. Will a strike affect my retirement income? Not likely. Faculty who participate in TIAA-CREF could lose contributions to their retirement fund for a period of time only in the highly unlikely event that work is not made up after a strike. Faculty who participate in SERS and PSERS would probably not be affected at all if work is made up, as retirement benefits depend on total years of service and the final average salary over the last three years of retirement. I have heard that the State System could implement its “last best offer” in the event of a strike. How would that affect our working conditions? The terms of the expired contract remain in place until APSCUF goes on strike, at which point the State System could legally implement its “last best offer.” This might seem as though we would be going from bad (the old contract, with no pay increases) to worse (the State System’s “last best offer”), but this action would be irrelevant. The purpose of a strike is to force the State System to bargain reasonably with our representatives and to produce a settlement that compensates us fairly and maintains the quality of what we do. APSCUF leadership will call for a strike only if a strike seems likely to produce the desired outcome, which will be nothing like the State System’s “last best offer.” APSCUF would not agree to end a strike under the terms of the System’s “last best offer.” SOLIDARITY AND STUDENTS Can AFSCME and SCUPA employees participate in an APSCUF strike? No. AFSCME and SCUPA are separate bargaining units and their members may not participate in a strike by APSCUF (under Act 195). Thus AFSCME and SCUPA members have to be allowed to cross APSCUF picket lines freely. Can coaches participate in an APSCUF strike? While they are represented by APSCUF, coaches belong to a separate bargaining unit. Thus, like AFSCME and SCUPA members, they cannot legally participate in a faculty strike unless the coaches bargaining unit also is on strike. However, faculty members who are also coaches may participate in a faculty strike, and all coaches can participate in strike activities before and after work. Can teaching assistants and graduate assistants participate in the strike? No. Like AFSCME and SCUPA members, they are not part of the APSCUF bargaining unit and could face disciplinary action if they do not perform their contractual duties. However, no TA or GA can be compelled to perform any work beyond the scope of their existing contract, and in the event of a strike, APSCUF would like to see TAs and GAs work to the letter of their contracts, no less and no more. What about student teachers and interns? What should they do? As long as they are at sites, such as schools, that aren’t on strike, they should continue at the sites. APSCUF faculty would not participate in these experiences during a strike, however, so no supervisory visits by faculty to the off-campus sites would occur. Students would have to direct all other concerns to the administration. What should counselors and social workers at university centers and their student clients do? They should tell their clients to contact the administration. They should have a list of alternative sources of help for the short term. September 2015 www.apscuf.org/universities/clarion 11 A STRIKE AND YOU How will I hear about a strike? There will be multiple channels of communication, and it is essential that you keep the APSCUF office informed of your current address, home phone number, and off-campus email. Once a job action is called, we will activate our phone tree, send email, post the announcement on our website, and post notices in local media. For other APSCUF news, follow APSCUF on Facebook and Twitter, and subscribe to the APSCUF blog. Can’t I just “get sick” for the duration of the strike? No. Unless a faculty member can show that an illness occurred before the strike, the excuse would not succeed. Management would have the right to a doctor’s note after three days of sick leave. Can I hold my classes off campus instead of on campus? No. In addition to creating a myriad of liability issues, this would be considered crossing the picket lines. What happens to preapproved paid sick, personal, family sickness, disability due to pregnancy, family care, civil, and work-related disability leaves during a strike? If the leave has been pre-approved and begun prior to the beginning of a strike, the leave should continue with pay. Upon the conclusion of the pre-approved leave of this type, APSCUF would expect faculty/coaches to join their colleagues in exercising their legal right to strike and to refrain from doing bargaining unit work. If the leave was pre-approved, but not yet begun prior to the strike, it will be up to the State System to decide whether or not to honor its commitment to the faculty member or coach. The employee should contact the employer to find out whether or not its commitment will be honored. What happens to sabbatical leave in the event of a strike? If a faculty member is on sabbatical leave when a strike begins, APSCUF expects that the faculty member will join the strike. ATHLETIC FACULTY What if management asks an athletic director or athletic trainer to take over duties of striking faculty members? Because athletic directors and athletic trainers are faculty members, they will be on strike with the rest of their faculty colleagues and will be unavailable to do any additional work. Will going on strike cause problems with the NCAA? If athletic trainers (who are faculty) are on strike, they cannot participate in competitions, practices, and strength-and-conditioning activities. Trainer work cannot be performed by anyone who is not certified. Conducting sports activities without certified trainers could cause major problems with NCAA. The State System should be negotiating a fair contract and not putting athletic trainers, students, and others in this difficult position. Won't it be unfair to students if games or meets get canceled? If there is a strike, it will be because PASSHE has not negotiated fairly with the faculty, and the faculty feel that they have been left without any other option. PASSHE needs to negotiate a fair contract to make a strike unnecessary. It would be unfair to all students and alumni if the faculty allows PASSHE to hurt academic and athletic quality. If the faculty strike, will the coaches also be on strike? The faculty and coaches are two separate bargaining units. According to their contracts, neither bargaining unit can go on strike in sympathy with the other bargaining unit. However, it may be the case that the two bargaining units may go on strike simultaneously September 2015 www.apscuf.org/universities/clarion 12