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August 26, 2010
Dear Members of the Longy Board of Visitors:
I understand that you recently received a letter from Clayton Hoener, president of the Longy Faculty Union, and I want to address some of the issues to which he refers—in particular, the fact that the American Federation of Teachers (AFT) has filed an unfair labor practice charge against the School. While this is disappointing, it is not surprising. This is a typical tactic of the AFT, and Don Schroeder, our legal counsel from Mintz Levin, said it would be their likely response to the faculty changes we announced this spring. As you know, these faculty changes were part of the strategic plan the Board of Trustees approved at the end of 2008, long before there was a faculty union at Longy. We are confident that these decisions fall within the scope of our management rights and are, therefore, not considered “terms and conditions of employment” which would be subject to negotiation with the union.
Contrary to the union’s charge, the administration has been bargaining in good faith. Since March 12, 2010, we have met with the union representatives fifteen times, for a total of approximately 28 hours. After nearly five months of negotiation, we finally received their complete initialproposal on August 3. In fact, this was also the first time we received anything resembling a substantive economic proposal. Up until then, the vast majority of their so-called proposals concerned the relatively minor issues which are typically addressed near the end of a negotiation and not at the beginning. (For example, one entire proposal was a single sentence, stating that Longy would be referred to as the “Employer” or “School” in the contract. Another entire proposal was a re-statement of Longy’s non-discrimination policy.) I am sure you all understand the need to have a complete proposal in hand before beginning to negotiate individual articles—without seeing the picture in its entirety, it is impossible to understand how all of the pieces fit together. We repeatedly asked for an entire proposal, verbally and in writing, and were only told at our August 17 negotiation that we have received the final pieces of their initial proposal.
We feel that there are several factors at play in our negotiations, which are making them particularly challenging:
- Rather than spending their time and energies drafting a useful proposal and negotiating, the union has chosen to stir up numerous distractions for the administration, such as contacting the press, leafleting the Board of Visitors, disparaging the School to prospective students, or asking guest speaker Mark Morris to make a statement supporting the union in his commencement address. All of these things are a drain of resources on both sides.
- We are dealing with an inexperienced negotiating team on the side of the union, including the attorney—we think their approach is part tactical and part naiveté. Based on my experience working with the AFT at Berklee, this particular negotiating team doesn’t seem to be receiving the necessary support from the AFT.
- From their comments and actions, it seems that the union thinks negotiating means giving them precisely what they are asking for—if we do not, the Administration is “refusing to negotiate.” I am sure you all understand that giving them everything they ask for, without attempting to find a middle ground, would not be in the best interests of the School.
- The union is asking the School to negotiate subjects which are well outside the mandatory subjects of collective bargaining, such as the process for hiring new faculty and determining who is eligible for state unemployment insurance.
- As evidenced by the letter you received from Clay Hoener, it seems that the union either does not understand or does not acknowledge the basic rules of collective bargaining, circumventing the School's designated negotiating committee to reach out to the Board of Trustees.
Sincerely,
Karen L. Zorn
President