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SIUC accuses Faculty Association of bargaining shortfalls

Ben Botkin

Daily Egyptian

SIUC filed an unfair labor charge against the Faculty Association with three points the University's administration wants the Illinois Educational Labor Relations Board to address.

The University is charging the faculty union with regressive bargaining, failing to bargain in good faith and threatening to strike about issues that both sides are not required to discuss during negotiations, said Mark Brittingham, the attorney for SIUC.

The University is asking the IELRB, a statewide agency, to rule that strike activity or threatened strike is illegal or unprotected if based on the points in question. Brittingham said he doesn't know how long it will take for the issues to be resolved.

The Faculty Association filed an intent to strike notice Wednesday, which allows the union to strike after Nov. 10. Despite the charges filed, Morteza Daneshdoost, president of the Faculty Association, said in an e-mail that a strike is an option that remains open.

"We do not want a strike, but we will not relinquish our legal right to conduct one if forced to do so," he said, adding the union leaders will meet Thursday to plan their next step. A vote is still required for the Faculty Association to go on strike.

Negotiations, ongoing since February, have taken too long, Daneshdoost said.

"Good faith bargaining does not require capitulation," he said. "This publicity stunt by the board is simply an attempt to take attention off the fact that they have wasted so much of our time in bargaining. It shows that the board has no response to our realistic proposals."

The SIUC administration filed a charge of regressive bargaining because the Faculty Association asked for contract language in a portion of the agreement that both sides tentatively agreed upon, Brittingham said. That part of the contract covers the conditions for faculty if academic programs are merged or eliminated.

Since bargaining is done with the goal of both sides moving forward, the union's proposed changes fall under the definition of regressive bargaining, Brittingham said.

Additionally, the University is charging the union for failing to bargain in good faith because SIUC believes the Faculty Association left the negotiations too soon to allow federal mediation the chance to succeed, Brittingham said. A federal mediator was present at negotiations on Oct. 25 and Oct. 29.

"Before the Faculty Association can strike, they have to participate in good faith in the mediation process," Brittingham said. "We don't believe any good faith mediation occurred."

And the union is also charged with threatening to strike about issues the University isn't required to bargain, Brittingham said. He said the union wants to jointly determine with the SIU Board of Trustees when a financial exigency ˜ or crisis ˜ exists.

The University requested that the IELRB rule that the union follow state labor law for bargaining, avoid bargaining non-mandatory items, and withdraw what the administration calls "regressive bargaining proposals" ˜ measures SIUC officials believe would set negotiations back.

Mark Repking, a member of the SIU Board of Trustees, said the board has a legal obligation to deal with financial problems.

"We're entrusted with that responsibility and we can't pass that on," he said. "There's a lot of layers between us and the faculty for a reason."

The Faculty Association filed an intent to strike notice with the Illinois Labor Relations Board Wednesday, a legal step necessary if union decides to go on strike. This allows the union to go on strike anytime after Nov. 10.

Labor negotiations between the Faculty Association and administration broke down last week after the union turned down a five-year proposal that would freeze wages for this year and give salary increases for the next four years that are proportional with state dollars provided for pay raises.

Previously, the administration rejected the faculty union's request for a 21 percent increase in salaries and benefits during the next three years. Union members say a raise is needed to bring SIUC up to parity with peers. Average faculty salary is ranks at 97 percent of the average pay given at peer institutions, according to the Illinois Board of Higher Education.

After the Faculty Association filed an intent to strike notice, Wendler said the state reduced funding to the University by more than $10.5 million, with almost $5 million also required for providing group health insurance money. He said the roughly $15.5 million figure makes it unrealistic to offer salary raises this year.

Despite the contention, James Kelly, chair of the Faculty Association's public information committee, said the union wants negotiations to resume.

"We have been bargaining conscientiously for nine months now and are willing to return to the table if and when the administration is ready to bargain realistically."

Reporter Ben Botkin can be reached at bbotkin@dailyegyptian.com

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