a
~~ =
a an
880 Albany Watery
SPOKESMAN
t Shaker Rd., Albany, N.Y. 12205
Senate Professional Association of the State University of New York
January 1972
NEGOTIATIONS BEGIN -- The SPA university-wide negotiating team met state represent-
atives on January 19 in Albany to reopen "basic annual salary" items covered under
Article XIX of the present agreement.
SPA was represented by (1-r on left side of
table) Anne Commerton, librarian-Oswego; Herman Doh, English-Plattsburgh; Daniel
Frisbee, admissions-Stony Brook; SPA President Robert Granger; SPA Executive Direc-
tor Philip Encinio; and SPA/NYSTA Research Coordinator Charles Santelli.
SPA, State open money talks
A proposal highlighting minima by
rank and merit pay increases was present
ed to the State ~~ represented by the
Office of Employee Relations -- by the
SPA Negotiating Team on January 19.
The proposal, summarized below,
covers "basic annual salary," as speci-
fied by Article XIX of the present
Agreenent.
‘The Negotiating Team -- selected
by the University-wide SPA Negotiating
Committee -- will be supplemented dur-
ing bargaining with persons from the
Committee who are "most competent,
through training or interest, to
speak on any particular issue," according
to SPA President Robert Granger.
Named to the team are Granger, Anne
Commerton (Librarian - Oswego), Daniel
Frisbee (Admissions - Stony Brook), and
Herman Doh (English - Plattsburgh). Con-
sultants to the team include Charles San-
telli, SPA/NYSTA Research Coordinator;
Bruce MacDonald, NYSTA Director of Higher
Education; Daniel McKillip, NYSTA Assistant
Director of Field Services; and SPA Execu-
tive Director Philip Encinio.w=
SPA demands
The SPA bargaining proposal incorp-
orates several important principles. It
is an attempt to eradicate inequities, to
provide wide flexibility within the Univer-
sity for competitive employment, and to
provide overall improvement in the econom-
ic benefits for the bargaining unit. Fur-
ther, the proposal attempts to provide
for full involvement of peers in judgments
on such matters as merit increases, promo-
tions, etc.
(continued inside)
comment
I wish it were possible in this mes~
sage to recite a litany of successes for
SPA -- a litany of success, in fact, for
SUNY. Not so.
Our activity this fall and winter
has been a holding action, an effort a~
gainst salvo after salvo aimed at public
spending in general, the incidental ef-
fects of which have threatened or actual-
ly hurt SUNY along with all other public
institutions.
It is not necessary to repeat the
barrage of setbacks wage-earners in gen-
eral have received, nor to highlight a-
gain the compounded problems wrought by
the Governor's incredible adventures in
spending. We have sharply etched frus-
trations which render a recitation
pointless.
The one clear point out of this,
however, is worth highlighting: we are
not likely to see better times merely
because we are frustrated, nor merely
because we have been through hard times.
The picture for the future is grim; some
call it alarming.
SPA at this writing does not know
what will happen with the six per cent
increases negotiated in the Agreement.
We have shepherded the bill through its
writing and introduction by the Admin-
istration's top officers and are sat-
isfied that it does the job. We have
pushed efforts through the Governor's
offices as well as through NYSTA to
gain -- through favorable IRS ruling -.
retroactivity in increases needing ap-
proval by the Legislature. We have leg-
islative efforts underway, with NYSTA's
first priority in lobbying and pressur-
ing going to the SPA increases for SUNY.
But we also face a Legislature smell-
ing troubles on the home fronts in the
upcoming elections; a Legislature partly
buoyed by the Governor's troubles to the
point of striking down massive portions of
his programs as a means -~ in a year when
it is speculated that Mr. Rockefeller will
move out of Albany -~ of asserting its in-
dependence.
SPA President ~
Robert Granger ._
With this state of affairs creating
chaos for all public agencies there have
been several sincere attempts by bargain-
ing groups throughout New York State to
form alliances to fight their common ad-
versaries. Indeed, NYSTA, with whom we
are affiliated, has carried on substan-
tive talks with the United Teachers of
New York, an AFT organization represent-
ing Albert Shanker's New York City or-
ganization as well as the AFT locals in
other parts of the State.
SPA recognizes the need, in these
critical times, for organizations repre-
senting parties with common interests to
consolidate their forces in striving for
those interests. We encourage any efforts
which would demonstrate effectively the
sincerity of our purpose and the strength
we can bring to bear to persuade legisla~
tors or governors that we are to be reck-
oned with.
We have not, however, been party to
the NYSTA talks with UTNY. We have not
asked to be a party, nor have we endors-
ed any merger proposals presented by
either side. SPA's position is as it has
always been: we represent faculty and
professional staff in the State Univer-
sity of New York as an independent, auton-
omous body. That we are affiliated with
NYSTA and NEA indicates that we feel
these organizations have strengths and
philosophies with which we can live -~
and in terms of resources, with which
we can prevail. But our arrangement
with these organizations, while joined
in trust and conviction, does not bind
us to any commitment which our member-
ship does not specifically mandate.
(continued on next page)
NYSTA, UTNY explore merger
Merger between the State's two larg-
est teacher groups -- the 105,000-menber
New York State Teachers Association (NYSTA)
and the 85,000-member United Teachers of
New York (UTNY) -- has become an increas-
ing possibility, according to a NYSTA
spokesman.
The merged state organizations would
become the second largest teacher organi-
zation in the nation.
Tentative merger feelers began in
New York State as early as 1970 when the
NYSTA House of Delegates voted to "explore
the possibility of merger with other
teacher groups in the State." Progress,
however, remained spotty until the 1971
House reinforced its call and serious
discussions were begun in December.
e comment
(continued from preceding page)
We are, like NYSTA, interested in un-
ifying the forces within our bargaining
unit so that we may present a strong, pow-
erful voice for SUNY professionals and
their diverse interests. But our founding
Premise remains unchanged: we are from
within SUNY, and we are for SUNY. We can-
not, and will not, dilute this premise.
It is our intention to seek support
of the broadest possible base from through-
out the University system, from extant
Pressure groups, other organizations, and
individuals presently not in any organiza~
tion. But we seek this support from the
point of view of a representative agent of
a delineated group -- the faculty and pro-
fessionals within SUNY. We recognize that
there are slings and arrows hurled at SUNY
that threaten what we consider unique.
These delicately balanced systems and val-
ues, frankly, do not well endure broad
strokes of generalized organizational modes.
We invite -- we urge -- the support
of all groups and individuals within SUNY
for our common cause. We have a clear
enemy; we have a legislature unmindful of
Although currently in recess, the
talks stand at this juncture:
a detailed merger proposal has been
presented by NYSTA.
“three time schedules for merger have
been discussed. One would effect merger
before July 1972; a second would estab-
lish an interim joint-powers agreement
with merger by January 1973; the third
would create a coalition for the balance
of 1972 with merger by January 1973.
°UINY currently has the NYSTA pro-
posal under study and is thought to be
drafting a counter offer.
SPA has not asked to participate in
the discussions and has indicated that only
the SPA membership can determine organiza-
tional direction within and for SPA.m™
the subtleties of our mission and the
subtle institutional patterns that must
prevail if we are to serve society well;
we have an executive branch of govern-
ment which must find a scapegoat in state
agencies for its own fiscal recklessness;
finally, we have a public of wage-earners
which has itself felt the pinch in these
past eight or nine months, and which would
not, therefore, be overly distressed if we
within SUNY were given a greater dose of
the same.
Join us. Join our local chapters and,
if you like the direction, push it harder.
If you don't like it, change it. If you
want to have impact on SPA statewide, seek
democratic support and gain entry to our
statewide governance bodies.
If there are issues -- organizational
issues -- that can be clarified, perhaps
settled, through discussions, let's get
together and discuss them.
SPA declares that it is in a fight.
In your behalf. We will fight alone,
if we must, with a fragment of the SUNY
faculty and professional staff as our mem-
bership. But we would rather not. We
would rather have the strength of 16,000.
Tt would tell us where to go, and it would
make it easier to get there. =
TIN BULLETIN BULL
As Spokesman goes to press, a report
was received at SPA Headquarters concern-
ing proposed action relative to campus
schools.
SPA's Executive Board has directed
the Executive Director to "take whatever
action is necessary" to secure full in-
formation from the University relative
to their plans in this respect, includ-
ing the release of an alleged compre-
hensive report commissioned by the Chan-
cellor's office which comments on the
positive value to the University and
to the broader community from the campus
schools.
SPA is working with NYSTA through
PERB to examine the alleged document, and
to establish bargaining over any contem-
plated action, and on issues relating
to the impact of any action, on SUNY
NEW STAFF ASSISTANCE ~~ Edward R. Purcell,
former assistant editor of the NYSTA Chal-
lenger, has joined the SPA staff. He will
be active in communications as well as a
full range of membership services.
Edward R. Purcell, former assistant
editor of the NYSTA Challenger, has joined
the SPA staff as a field representative.
Purcell is a graduate of Hamilton
College and has done graduate work at the
University of Stockholm, Sweden and in the
Educational Communications Department of
SUNY-Albany.
In addition to his two years with
NYSTA, he has worked as a field represent-
ative for a major national college fratern-
ity and as a public relations consultant
in the insurance field.
SPA President Robert Granger notes
that with the addition of Purcell to the
staff SPA will be able to increase ser-
vice to local chapters, "Mr. Purcell will
assist in a full range of membership ser-
vices in addition to organizing a compre-
hensive communications and public relations
program for the Association. =
LOBBYING -- NYSTA Legislative Consultant Raymond Skuse (left) makes a point to Senator
Thomas Laverne of Rochester (right), chairman of the Senate's Education Committee.
NYSTA Second Vice President Antonea Cortesi (center) looks on.
NYSTA has made passage
of SUNY's six per cent salary raise the top priority of its 1972 legislative lobbying
program,
SPA representatives are working closely with the NYSTA lobbying team.
e SPA bargaining proposals
The proposal seeks:
*Establishment of academic year ap-
pointments for all employees in the bar-
gaining unit.
“Benefit programs covering the entire
period of employment, including full-year
benefits if two registration periods with-
in one academic year are worked.
“Establishment of provisions for hol-
iday and recess compensation structures
for employees required to be on campus
during such times.
“Establishment of minima for rank,
and establishment of a ranking system for
all professional employees.
*Aannual increments, plus length of
service increases (longevity) for each
five years of service. No ceiling on in-
crements.,
*Provsion for eight per cent across-
the-board increases or an amount necessary
to move employees to minimum (whichever is
greater).
“Establishment of a fund equal to three
Per cent of the combined annual salary of
members of the bargaining unit, to be dis-
(continued from front page)
tributed locally as reward for meritorous
service. Peer judgment.
*Cost-of-living adjustments conform—
ing upward to increases in cost-of-living
indices.
Promotional increases, including a
standard raise by rank for all promotions,
plus discretionary money for addional pro-
motional increases to be awarded locally
according to local judgment. Peer judge-
ment.
“Compensation for summer session cal~
culated on the base salary of each employ-
ee; based on credit hours taught for aca~
demics, and daily rate for professionals.
The Negotiations Committee has ex-
pressed the hope that continuing input
from members will be conveyed, even dur-
ing the process of bargaining. Local
units should strive to provide for as much
open discussion and expression as are
possible.
It is our intention to keep the mem-
bers of the bargaining unit as fully in-
formed as possible throughout the entire
negotiating process. m
SPAnning
education
The six per cent increases
negotiated by SPA for SUNY
Professional staff have been
Presented to the Legislature
in the Deficiency Budget de-
veloped by the Rockefeller
Administration.
This represents a NEW ap-
propriation being requested.
It would NOT mean funding
the six per cent out of pre-
sent campus funds, despite
apparently widespread rumors
to that effect.
Rote: £8 ebiia HOT ean
funding out of present cam-
pus budgets.
-
A preliminary analysis of the
Executive Budget for the
State's fiscal year 1972-73,
indicates that SUNY must pro-
vide instruction for 4,600
additional students with 67
fewer faculty positions than
in 1971-72.
The State's support of
University costs will be
$407.7-million, a decrease
of $12.7-million from the
$420. 4-million allocated in
1971-72.
A complete analysis of the
impact of these cuts on each
campus will be carried in
the next issue of the SPA
Spokesman.
SPA President Robert Granger
has been named to the special
NEA committee studying academ
ic freedom, tenure, and due
Process.
The committee's goal is the
creation of a comprehensive
policy for NEA and local afil-
iates to guide United Profes-—
sion legislative efforts, pos-
ture in litigation, and nego-
tations.
‘Two new studies have been re-
leased in book form by the
Brookings Institute (funded
by the Ford Foundation).
Titled "The Unions and
the Cities" and "Managing
Local Government Under Union
Pressure," the studies are
"how to" guides on resisting
bargaining unit attempts --
especially faculties -- to
remain involved in decision-
making on curriculum content,
class size, course content,
etc.
The studies suggest strat-
egies for governments to em
Ploy to harrass and weaken
public employee bargaining
groups. -
s Ninth Annual Consti-
tutional Convention held last
November in Florida once again
deemed it necessary to assign
only one educator to the
union's "Education Committee."
The educator, AFT Presi-
dent David Selden, is out-
yoted on the committee 15-1
by such groups as plumbers,
laborers, brewers, and cloth-
ing workers.
Selden was also denied a
leadership post on the commit-
tee.
In a related item coming to
a head at the convention, Sel-
den was denied permission to
take a seat on the President's
Cost-of-Living Council. The
“no" came from AFL-CIO Presi-
dent George Meany.
The Meany refusal to have
Selden join the Council's sub-
committee on public employees
left only NEA President Don
Morrison (seated on the panel)
to protect the interests of
teachers.
The U.S. Supreme Court heard
arguments January 18 on the
vital issue of rights of non-
tenured faculty.
The two cases (Sindermann
and Roth) are being argued
with the legal and staff as-
sistance of NEA.
Schools face money pinch across country
The Associated Press has taken a long
look at the school financial crunch across
the Nation. Their findings demonstrate
that money woes -- at all levels of educa-
tion -- have reached truly momentous pro-
portinne
in Rhode Island.
West Warwick, R.I. schools may have
to close March 1, AP reports, if voters
reject an appropriation this month. The
district has already eliminated teacher
nfdnn Aeenand Gin ekaakNER INED atahe
ase
880 Albany Watervliet Shaker Rd., Albany, N.Y. 12205
SPOKESMAN
Senate Professional Association ‘of the State University of New York)
SPA gets both in one day
March 1972
Six per cent retroactive !!
In a dramatic one-two combination,
has won both complete funding of the
roieae SPA/State contract and full retro-
active implementation of all monies and
benefits involved.
The successes came within hours of
each other on March 8 and climaxed months
of work by SPA and its affiliates at the
state and national level.
First breakthrough came in the Pay
e: rd decision on the SPA appeal for
omplete retroactive implementation of
the SPA contract. In the decision and
order addressed to the Senate Profess-
ional Association from Pay Board Executive
Director Robert Tiernan, a local, unfavor-
able verdict from the Internal Revenue
Service was overturned,
"It is hereby determined upon the
basis of such facts that the contract
providing for a salary and fringe. increase
as set forth in the Appeal is to be con-
sidered a pre-existing contract ... (and)
it is therefore ordered that the prior
ruling of the Internal Revenue Service be
reversed and it is further ordered that
the salary and fringe increases as set
forth in the subject Appeal be approved."
SPA, in conjunction with the Gover-
nor's Office, had launched application
for retroactivity early in December
Continuing pressure from both groups in
addition to a strong boost in Washington
rom the National Education Association
brought the favorable decision.
At the same time that the Pay Board
ruling was being received at SPA Central,
the State Legislature neared a vote on the
Deficiency Budget Bill that contained
funding for the SPA contract. The bill
was approved in both Houses late in the
evening of the 8th, but in a typical legis-
lative maneuver, the Legislature's action
(continued inside)
Impasse declared
the Senate Professional Association
negotiating team -- Robert Granger, Anne
Commerton, ilerman Doh, and Daniel Frisbie
- declared impasse Tuesday March 7, 1972
in their talks with the State pursuant to
Article XIX of the State-SPA Agreement —
reopened negotiations on basic anv.
salary.
In accordance with h Taylor Law
“Eric
awson, Sr., of Ee Uni-
rei to mediate the dispute.
Dr. Lawson is a professor of
finance, chairman of the Finance
Department, and former P.
ministration economist.
In addition, on Thursday,
March 9, 1972, SPA President Robert
Granger declared negotiations im-
passe on issues relating to the
"Medi: and Dental Salary Review"
pursuant to Article x:
This declaration followed a
meeting Wednesday in New York City
with representatives of the four
Health Science Centers. =
a
comment
It is tempting to relax for a moment
and bask in the warmth of victory brought
by the deficiency budget passage and the
retroactive pay issue. But a moment is all
we can spare.
On the day SPA learned that its appeal
to the Pay Board had succeeded, we were in
the offices of Mr. Harold Newnan, Director
of PERB's mediation and conciliation activ-
ity, discussing with him the issues of our
declared impasse with the State in negoti-
ations under Article XIX of the State-SPA
Agreement.
At almost the precise moment we learn-
ed that the Legislature had passed the de-
ficiency budget freeing monies to fund our
negotiated six percent increases, we were
preparing to fly to New York City to meet
with representatives of the Health Science
Centers who, under Article XX of the State-
SPA Agreement, had been negotiating terms
for THIS year of the Agreement and who were
preparing to declare impasse with the State.
Much of SPA's effort on behalf of the
bargaining unit goes unpublicized -- and
unnoticed -- among members and non-members
of SPA alike. The issues are complex, the
problems relentless, but we are fighting
and we are winning. It is unfortunate that
just as we clear one hurdle, the State im-
Poses another, and then another, and then
still another.
SPA members, however, have shown then-
selves to be determined people. They are
fortified by the knowledge of SPA success
on so many important issues, but lament at
the same time, the unfortunate circumstan-
ces that drive Central Administration, or
the OER, to obstructionism.
SPA SPOKESMAN is published
Robert Granger, President
Barbara McCaffery, Vice President
John Valter, Vice President
Annalee Z
i»
28
J
SPA President .
Robert Granger “
In the meantime, our internal mis-
sion must not go unheeded. We sincerely
desire to be as representative of, as sen-
sitive to, the will of the bargaining unit
as is possible. We encourage discourse
with and about SPA. We hope there will be
extensive participation in the governance
of SPA, to react to our direction or to
change our direction if that is the will
of the majority.
SPA is presently in the process of
organizing a massive membership drive
throughout the SUNY system. We have ac-
cepted, albeit with difficulty, the ar-
gument that many menbers of the bargain-
ing unit were waiting to see what would
materialize within the Legislature and
Pay Board before making the decision to
Join SPA.
These battles might have been more
comfortably fought by SPA had our mem-
bership been greater and our manifest
strength more vistble in numbers; but
that is not the immediate issue.
The issue now is that it is time to
declare in fact, without equivocation or
excuse. While we have won some major
battles, we are of necessity girding for
others. =
or members monthly during the academic year
Philip Encinio, Executive Director
man, Grievance Coordinator
Edward Purcell, Editor @
| ee oe ee
Many issues discussed
Rep Council meets on policy
Discussing a broad range of
Association and University issues, the
SPA Representative Council met in Albany
March 4th to assess SPA's progress and
chart the bargaining unit's course for
the coming months.
Over 80 campus representatives --
both Academics and NTP's -- officers,
and staff attended the day-long session.
Among the major issues discussed were
negotiations, medical and dental salar-
jes, Committees 33 and 34, summer schools,
the Kaye-Scholer lawsuit, and the unin-
sured loss of private property at SUC-
Cortland.
SPA President Robert Granger and
negotiating team member Herman Doh report-
ed to the Council on the current status
of Article XIX, reopeners on basic annual
salary. Both the SPA proposal (January
Spokesman) and the State's counter-pro-
posal were discussed at some length.
President Granger presented alter-
natives for expediting the talks and out-
lined a time schedule designed to conclude
the negotiations process in advance of the
Legislature's recess. (See impasse story,
this issue)
Medical and dental
In another area of negotiations, Dr.
Maurice Sandler, Upstate Medical Center,
discussed the continuing stalemate on
Article XX, medical and dental salary
review. The SPA position in the talks,
as formulated by the Medical-Dental Cau-
cus, states that the Association recog-
nizes no limitations in the SPA-State con-
tract with respect to outside earnings of
medical and dental faculty.
Also, SPA maintains that there is no
obligation on the part of the medical
faculty to make any financial contribu-
tions to the State or to the Medical
Wenoois from any fees earned from private
practice. In addition, there are no
limitations on any earnings to be retained
by the individual from private practice.
Concerning Committees 33 and 34,
evaluation and career ladder for NTP's,
President Granger reported that both
groups haé concluded their werk without
reaching agreement. Both subjects have
been returned to the bargaining table for
final resolution.
Among the resolutions adopted by the
Representative Council were statements
dealing with surmer school and uninsured
losses incurred by staff in performance
of their duties.
Summer school
The summer school resolution -~
unanimously approved by the Council -
calls on Central Administration, the
Office of the Budget, and the Legisla-
ture to inmediately take steps to ade-
quately constitute and fund summer
sessions. Noting seriously reduced
sessions, reduction of summer school
salaries, and untimely changes in hiring
procedures for summer school staff, SPA
also calls on the Chancellor to imnedi-
ately consult with the Association on
remedial action.
The resolution on uninsured losses
by the Representative Council is the
immediate outgrowth of serious financial
losses suffered by SUC-Cortland staff
during a recent dormitory fire. Since
the University does not maintain insurance
to cover such losses, SPA has called on
the University to save employees harmless
from personal losses incurred while in
performance of their jobs and to inmedi-
ately take steps to reimburse damages
specifically resulting from the Cortland
fire.
Legal aid
Also reported to the Representative
Council by SPA Vice President John Valter
were Association efforts to assist some
40 professional staff members in legal
defense arising out of a lawsuit by the
firm of Kaye-Scholer. The suit seeks to
hold the individuals named personally
responsible for expenses charged to the
Faculty Senate. (See story this issue)um
Moves to protect 40 staff
SPA to provide defense
In a move to protect the legal rights
of SUNY staff members who participate in
the governance of the University, SPA is
now formulating final plans to provide
legal assistance to 40 Academics and NTP's
accused of being personally liable for
debts alleged to have been incurred by the
Faculty Senate.
The SPA action follows the mandate of
both the SPA Executive Board and Repre-
sentative Council to provide whatever
assistance possible. At issue is legal
responsibility for a large debt to the New
York City law firm of Kaye, Scholer,
Fierman, Hayes & Handler incurred by the
Faculty Senate.
Separate sections of the suit also
name the Senate Professional Association.
The Kaye-Scholer firm is seeking re-
imbursement of a debt incurred by the
Faculty Senate for legal service provided
during the PERB unit determination hear-
ings in 1970. The University (and State),
ultimate source of any Faculty Senate
funds, has denied payment to Kaye-Scholer
on technical grounds.
e SPA money
(continued from front page)
remained in some question until the next
day.
The measure passed by the Legislature
was not the same bill that had been expec-
ted and followed for weeks. With the help
of NYSTA contacts in the Capital, however,
SPA was able to review the actual bill and
assure complete funding of the SPA con-
tract.
The Deficiency Budget as passed and
sent to the Governor contains $4,850,000
in money for the University to fund salary
and benefit increases. ;
lion's share
of this money goes to SPA unit members
who receive a six percent raise. Mana-
gerial employees qualify for only two per-
cent.
In an attempt to receive reimburse-
ment, the law firm has asked for a court
judgment against either the individuals
actively involved in the Faculty Senate
governance structure or SPA, charging
that SPA succeeded the Senate since some
of its founders were members of the Senate.
SPA President Robert Granger explains
that the Association will vigorously
oppose in court any judgment against SPA
as a successor organization. "Our found-
ers also included members of SUPA, of
AAUP, and of NYSTA/NEA. They represented
goals and objectives - not organizations,
Granger says. “At the same time,” he ex-
plains, “we are seeking permission from
the individuals named -- both members and
non-members of SPA -- to intervene in
their behalf.
"It is our position," Granger main-
tains, "that the organizational rights of
our bargaining unit must be vigorously
protected
Coordinating SPA activity in regard
to the lawsuit is SPA Vice President John
Valter. =
Also funded by the measure is the
SPA dental plan, retirement program, and
death benefit.
Commenting on the two important SPA
accomplishments, SPA President Robert
Granger saw a milestone for the Univer-
sity and its professional bargaining unit.
Many uncertainties have now been resolved
for university professionals," Granger
says, "and the material benefits of
lective bargaining will soon be in hand.
We who have been active in SPA for
many months believe these victories will
give new impetus to our current round of
contract talks. We hope that these ac-
complishments will significantly increase
participation and membership in the SPA
organization and give us the strength of
membership needed to continue gains for
the University staff." =
650 staff affected
SPA wins new grievances
Grievance victories continued at a
fast pace last month as SPA successfully
processed cases affecting over 650 mem-
bers of the University professional staff.
The largest case of the six wins re-
corded in February was a Step 3 decision
(Office of Employee Relations) that
granted term appointments to more than
600 non-teaching professionals as called
for in Article 11 of the Board of Trus-
tees Policies. As Spokesman goes to
press, NTP'S on many campuses across the
State have already begun to receive their
Proper appointment.
The term appointment grievance for
NTP's was processed by SPA Grievance
Coordinator Annalee Ziman, as weré all
other cases above Step 1,
Stony Brook - A Step 2 decision
(Chancellor's Office) won retroactive
fringe benefits including social secur-
ty payments, vacation, sick leave, and
insurance for an academic who had trans-
ferred to the Stony Brook campus only to
find her new position had not been ade-
quately funded. She had been paid with
Pirated funds with no benefits until SPA
won her rightful fringes.
Medical Center - A nurse
was unjustly accused of removing me
records after which she was then re-
assigned and her resignation requested.
A Step 1 decision at the local campus
level won the nurse a retraction of
charges and satisfactory job placement.
Downstati
Albany - SPA won the contracted
salary for an NTP who was being paid
SPAnning |
education
through the SPA
is the group de:
Available
emics and NTP
GRIEVANCES -- SPA staffer Annalee Ziman (L)
discusses grievances with members of the
Central Administration SPA unit.
$1,200 below what the campus president
had guaranteed.
SUC-Buffalo - A Step 1 decision on
charges of sex discrimination and un @
democratic procedures brought denial of
the relief sought, but a waiver of time
limitations so that the grievance could
be re-submitted on more satisfactory
grounds
Stony Brook - A proper term appoint-
ment (three years) was won for an NTP
after he had improperly been issued a
two-year appointment.
Oswego - Mutual cooperation at
Step 2 has assured an academic of a re-
evaluation that should result in con-
tinuing appointment. In the interim, a
one-year term appointment was awarded. =»
@ should be examined
closely for specifics,
as their families), the
"Know your co: plan will
tract" is
phrase fi
ty profes:
One of the nev
est benefits available
cover many ex-
dental services.
opies of
- available from
campus personn
SPA's new "Spring Offensive"
mbership drive got off to a
solid start March 4 as 20 local
campus membership chairmen gather-
ed in Albany for an intensive, af-
ternoon-long membership promotion
seminar. Joining the group were
ee representatives from N
kperts from Washington,
PA membership coordinator Edward
urcell.
Goal of the Spring drive is
double current SPA membership and r z
from the enthusiasm of the assembled ORIVE BEGINS -- Membership chairmen meet in
membership chairmen, the 5,000 mark Albany for an intensive training session.
should soon be passed.
one geographical section of the
Emphasis of the SPA membership State consisting of approximately
effort will be personal contact on six schools. Within his district,
the campus level. The personalized the pro-staffer will do all pos-
one-on-one approach has proved many sible to assist and augment the
times the only effective method of individual campus drives
membership promoti
The arithmetic of the drive
is simple -- to double SPA mem-
bership, each current SPA member
should recruit one new member.
Local campus membership chairmen
@ support materials of
Coordinating the pus drives all types and a professional "how-
will be five professional staff mem- to and why" approach if needed.
Annalee Z adv In addition, individual members can
two give invaluable assistance by vol-
STA staffers, and one man on loan _unteering as building or department
from NEA, Each will be assigned representatives during the campaignm
Return to: SPA, 880 Watervliet -Shaker Rd., Albany 12205
Payroll Deduction Authority for SPA. membership.
TO THE COMPTROLLER OF THE STATE OF NEW YORK
0+ of or apply pership in the Senate Profes of the State
1 from my salary and to pay over to the Sen
Jniversity of New York on a bi-weekly basis the amount of $ to pay for my dues
horization is made in accordance with the provisions of Section 6-2 of the Finance Law
make any adjustments in said deduction as may be certified to you from time to time
ize the Senate Professional Association to act as my exclusive representative for the purposes
and in the administration of grievances. | understand that this order may be revoked at any
tice to you to discontinue deductions for membership duet
BE SURE YOU HAVE SIGNED THE CARD
rae
880 Albany Watervliet Shaker Rd., Albany, N.Y. 12205
SPOKESMAN
Senate Professional Association of the State University of New York
February 1972
SPA files ‘unfair’ charge with PERB
SPA -- on behalf of the entire 15,000-
member SUNY professional staff -- has filed
an Improper Practice (IP) charge against
the University and the State of New York.
SPA President Robert Granger calls the
move “an absolute necessity to protect the
professional and organizational rights of
the SUNY staff."
The 17-point charge, filed on January
31 with the Public Employee Relations Board
(PERB), accuses the State through its agents
of persistent contract violations, dilution
of grievance procedure, and falsely declar-
ing staff members ineligible for repre-
sentation by SPA. According to SPA Execu-
tive Director Philip Encinio who filed the
case for the Association, "An extensive
file of documented evidence has been com-
piled to support the SPA charge."
The Improper Practice charge --author-
ized by the State's Taylor Law -- is de-
signed to give impartial hearing to dis-
putes between public employers and their
employees. Frequently used in all segments
of public employee operations, including
the education sector, the process is an
orderly, institutionalized method of making
public disclosure of problems that other-
wise might lead to more serious confronta-
tion.
Under pressure
State releases
SPA -- through the direct pressure
of its officers and staff -- has succeed-
ed in obtaining release of the Report of
the Ad Hoc Committee on Campus Schools
(Fretwell Report).
The report, which was hand delivered
to SPA officials in advance of public
disclosure, recommends the University "take
SPA Executive Director Philip Encinio
Under terms of the law, the State has
30 days in which to reply in writing to
the IP at which time a PERB hearing will
weigh arguments from both sides. mm
Fretwell report
a firm stand to continue present campus
schools."
The report, however, attaches several
strings.
Among the provisos are the prepara-
tion on each campus of long-range campus
school use plans, establishment of a Uni-
(continued inside)
comment
There have been numerous, almost
countless, instances during the life of
the present SPA-State Agreement when,
for one stated reason or another, the
Central Administration has failed to pro-
perly respect the civil, human and pro-
fessional rights of members of the bar-
gaining unit.
SPA -- honestly wishing to work
toward a constructive relationship with
Central Administration within the Agree-
ment -- felt constrained at times from
taking the hard, perhaps harsh, action
that we felt was warranted. It was our
wish then, as it is now, that there
should be mutual respect among the
communities within the University.
It has always been our hope that we
could cultivate a proper attitude within
Central Administration.
Often times, SPA exercised restraint
under what may be termed severe provoca—
tion because we beleived that the Central
Administration acted out of inexperience,
or as a bureaucracy unused to checks and
balances upon its decisions. We consider-
ed that many of the events leading up to
our filing of an Improper Practice charge
against the University and the State were
inadvertent.
SPA believed this unitl we tried --
time after time after time -- to correct
the problems.
The charges, discussed in this issue,
st acts and omissions which, even in-
dividually, are damaging to the University.
Taken together, they show a hostile and
deliberate effort to thwart the first
effective imposition of accountability on
Central Administration
Some of the charges, or perhaps some
elements of the charges, may represent,
1
SPA President
Robert Granger
in isolation, mere nuisances. Taken to-
gether, however, they show a systematic,
deliberate attack on certain fundamental
principles of any Agreement: the right to
grieve properly; the right of appeal in
disputes; the weight of Board of Trustees
Policies, etc.
There is an integrity which must be
maintained within the University if it is
to be a university. If, in the face of re~
peated assaults on bargaining unit rights
SPA were to do nothing, we would be dere-
lict. In taking the action we have initia-
ted, it is not our intention to negative: @
ly alter relationships necessary to the
conduct of an institution of higher educa~
tion.
Our intention is to restore the
professionalism of the University which
has been relentlessly eroded.
At a time when there must be, in the
Chancellor's office, a bold, courageous
advocate who would defend what is the
University, we cannot allow the Chancel
lor's office to hide behind the fact that
"the State" entered into an Agreement
with SPA as the reason for taking no
action, or for taking punitive action,
with respect to members of the bargaining
unit.
SPA must defend the integrity of
the Agreement. Central to this is the
fact -- SPA must defend the University. am
SS
@ campus schools
(continued from front page)
versity campus school coordinating com-
mittee, and the reduction of pupil en-
rollments in campus schools to improve
research and development wherever neces-
sary.
In a cover letter to SPA Executive
Director Philip Encinio, Chancellor Boyer
noted that the report is "for review pur-
poses and in no way reflects University
policy."
Copies of the report have been dis-
tributed by SPA Headquarters to Chapter
Presidents where campus schools exist. mm
Grievance record excellant
Victories won
One of the major areas of SPA staff
activity this school year has been con-
tract enforcement -- the university-wide
and consistent implementation of the
Association's collective bargaining agree-
ment.
This effort has already resulted in
the filing of 68 grievances including
virtually every campus in the University
system. Grievance wins have assured
contractual rights for faculty and non-
teaching professional at every level.
Among the cases that have been sat-
isfactorily resolved by SPA are this
group from eight campuses:
SUC New Paltz -- Grieving improper
application of Board of Trustee policy,
an academic was granted an 18-month re=
newal of term contract.
SUC Buffalo -- A promotion to full
professor was given after SPA proved that
the employee had been improperly passed
over for promotion.
SUC Plattsburgh -- A class action on
behalf of the entire staff has guaranteed
proper evaluation for promotion.
SUNY Stony Brook -- Two academics
won back pay after a promotional pay hike
was improperly delayed because of the
Freeze.
SUC Fredonia -- Improper evaluation
materials were removed from an academic's
personnel file.
SUNY Buffalo -- Four faculty were
given one-year term appointments after
it was shown that faculty evaluation
procedures had been improperly used.
An NIP also won a term appointment un-
der Article XI of the Board of Trustee
Policies.
SUC Geneseo -- Proper salary was
won for an employee after he returned
from military leave.
on 8 campuses
SUNY Albany -- An academic was given
a one-year renewal after SPA was able to
show that insufficient notice of non-
renewal was given.
According to SPA Grievance Coordina~
tor Annalee Ziman, filings are coming
at an increasing pace as the professional
staff becomes more versed in their con-
tract. "Both teaching and non-teaching
professionals are really beginning to
note that the grievance machinery is the
proper method to protect their profes~
sional and contract rights" she observes.
Miss Ziman also notes that SPA
greivance committees on the individual
campuses are becoming increasingly
skilled in representing their fellow
staff members. "People at the local
level are really making the contract
work," she says. mm
Grievance jurisdiction
In an effort to smooth the trans-
itional period between the grievance
procedure administered by the SUNY Senate
Committee on Grievance and full imple-
mentation of SPA's contracted grievance
procedure, leaders of both organizations
recently met to establish guidelines for
Jurisdiction over certain grievances.
The following understandings were
reached and agreed upon:
1)Al1_grievances occuring after
September 1, 1971 normally fall within the
SPA grievance procedure.
2)Grievances occuring prior to Septem-
ber 1, 1971 normally fall within the Senate
grievance procedure. Exceptions to this
(continued on next page)
SPA SPOKESMAN is published for members monthly during the academic year
Robert Granger, President
Barbara McCaffery, Vice President
John Valter, Vice President
SPA - NYSTA - NEA:
Philip Encinio, Executive Director
Annalee Ziman, Grievance Coordinator
Edward Purcell, Editor
A UNITED TEAM WORKING FOR YOU
Budget proposal cuts SUNY
A special analysis of the 1972-73
Executive Budget just completed by the
NYSTA Research Division shows severe cut
backs in support for the State University.
The document -- obtained in advance
of the general release -- shows:
=-SUNY student enrollment to be in-
creased by 3.3 per cent.
“SUNY budget to be decreased by 1.1
per cent.
New York State's share to SUNY to
be decreased by 3 per cent.
--877 SUNY staff lines to be cut.
--Student-faculty ratios to be in-
creased.
In terms of specific appropriations,
the Executive Budget proposes that the
SUNY budget be decreased by $5.1-million
to a total of $470.7-million. A seeming
paradox in a "hold the line" year that
actually means less money for SUNY, the
proposal also recommends a 2.0 per cent
increase in aid for private colleges
under the so-called Bundy Program.
The student-faculty ratio section of
the budget proposes ratio increases at
virtually every campus in the system.
S.U. Ag. & Tech. at Delhi will have the
dubious distinction of leading the
University with a 19.7 ratio.
Other high ratio schools by type
include SUNY-Buffalo (15.8), SUC-Platts-
burgh (17.1), Upstate Medical (5.7), and
Maritime (16.5).
Commenting on the Executive Budget
proposal, SPA President Robert Granger
laments the University's "lack of a true
champion" in high Administration. "The
future of SUNY will be dark until the
Chancellor is both willing and able to
defend University interests from the
axes of unknowing bureaucrats," he says.
"The proposed budget for the Uni-
versity is riddled with inaccuracies,
faulty assumptions, and just plain lack
of thought," Granger continues. "It is
extremely unfortunate that the vast pool
of expertise within the University
community was not properly consulted be-
fore University Administration presented
such a document."
Copies of the NYSTA budget analysis
have been distributed to all SPA Chapter
Presidents. Members and non-members
alike are urged to examine the facts that
are presented in the report. mm
SPAnning |
education
The SPA Representative Council
=-the Association's highest
policy-making body-- is sched-
uled for its Spring meeting
on March 4 at the Northway Inn
in Albany.
The meeting will bring to-
gether over 50 delegates from
all 29 units of the State Un-
iversity system.
The long-awaited six per cent
‘salary increase for University
professionals still lingers
in the Legislature's Finance
WH omittee as Spokesman goes
to press.
The bill, which includes
money negotiated by SPA last
fall, amounts to nearly $5-
million for SUNY staff.
All indications point to
unimpeded passage of the
measure subject only to the
usual slow Legislative calen-
dar. SPA legislative consul-
tants, who have been shepard-
ing the bill, will continue
to keep chapter presidents
up-to-date until signing into
law is achieved.
A Utah professor has been
awarded $49,100 by U.S.
District Court on the basis
that he was refused tenure
without cause.
Judge Willis Ritter
ruled last month that in
1969 Melvin Smith was denied
permanent status and employ-
ment at Dixie College (Utah)
as punishment for support-
ing a particular political
candidate and for opposing
the college administration
in his capacity as faculty
association president.
Smith was assisted
throughout the case by funds
provided by NEA's DuShane
Emergency Fund. SPA Execu-
tive Director Philip
Encinio, a former NEA staf-
fer, was instrumental in
filing Smith's initial
appeal.
The professor's view of
his exhaustive legal battle
was simple: "My kids could
afford to miss a meal," Smith
said, “but they couldn't af-
ford a father who wouldn't
stand up for his rights."
The Utah Attorney General
is expected to appeal the
decision.
(continued)
SPAnning |
education
(continued)
The Hawaii State Teachers
ment program will produce a
victory for LC, The Legisla~
tive Conference is being
assisted in the campaign by
staff from both NYSTA and NEA.
SPA's Spring Offensive member-
Association, exclusive bar-
gaining agent for all Hawaii
public 1 teachers, has
been awarded a $77 per year
shop fee by the
s Public Employment
The fee covers costs
for representating non-
on teachers in bar-
agency
State’
Board.
first state-
ations program.
to local-state-
ociation dues,
challenged in the
equivalant
on the
its reopener
SPA contract,
and OER continue
economic benef:
section of th
esman goes to
ons have
xchange pro-
nd discuss initial
dent Robert
- will attempt to
ks before the
1972 Legislative
ister organization,
tive Conference
3 city University of
New York, is currently
Preparing to
Sentational challenge.
unit determination
are now in progress
on possible in
t Belle Zeller's
ion is confident
$ top-notch contract
and zealous contract enforce~
ship campaign will soon be
initiated in an effort to
vastly expand SUNY profes~
sional staff participation in
its bargaining unit.
The campaign, which will
be highlighted by a personal,
one-to-one membership appeal
and a series of profession~
ally-compiled literature on
the benefits of SPA/NYSTA/
NEA membership, is scheduled
for kickoff at a special
membership promotion seminar
on March 4 in Albany.
Some 26,000 mental health
workers in New York State
have recently been awarded
new job titles by the State
as well as the first career
ladder program for lower
grade employees in the
Mental Hygiene Department.
Under Article 34 of the
SPA Contract, Association
representatives led by SPA
Vice President John Valter
of Stonybrook have been
meeting with State repre-
sentatives seeking estab-
lishment of a similar
Career Promotional Plan for
University NIP's.
If the Article 34 Commit-
tee is unsuccessful in pro-
ducing a plan acceptable to
both sides, the matter will
be returned to the bargain-
ing table for final settle-
ment. om
SPA's region by region
grievance workshop program
will draw to a close this
month as the last three
seminars are held for the
Potsdam, Buffalo and Bing-
hamton regions. Previous
sessions have been held on
Long Island, in Syracuse,
and in Albany.
The programs are being
conducted by Annalee Ziman,
SPA's grievance coordinator
with the assistance of
NYSTA Regional Office
Staff.
(re
@ grievance guidelines
(continued from preceding page)
may result from retroactive dates, etc.,
and such cases will be examined on a case-
by-case basis by the two groups.
3)Those grievances in progress in the
Senate procedures prior to September 1,
1971
will be continued by the Senate.
4)Grievances occuring prior to Septem-
ber 1,
1971 but not yet filed may be filed
through the Senate procedures, but a cut-
off date of March 15,
1972 is set.
5)Exceptional cases will be examined
individually in an effort to find one pro-
cedure or the other which will provide re-
lief if possible.
The Senate Professional Association
was represented in the talks by its grie-
vance coordinator, Annalee Ziman. Oscar
Goodman, chairman of the SUNY Senate Com-
mittee on Grievance, led the delegattion
from his organization. =
When you need help
We’re the people to call
SPA is in business to help you.
When you need assistance in grievance
processing, special benefit services, legislative communications, membership
promotion, legal services, or any other area where your bargaining agent can
be of help, contact us. With offices in every region of the State and chapters
on every SUNY campus, we have the staff to serve you.
PA Central Office
0 Watervliet-Shaker Road
Albany, New York 12205
NYSTA - Jericho Regional Office
380 Broadway
Jericho, L.I., N.Y. 11753
(506) 938-4871
-UCN.Y. at Stony Brook
- Fiess, Pres; A. Bastin, Gr. Chm.
:N.Y. Stony Brook Health Sciences
« Jonas, Pres; C. Carlucci, Gr. Chm.
.C. at Purchase
. Witten, Pres.
-C. at Old Westbury
. Rabatin, Pres; P. Camponeschi, Gr
-U.N.Y. Downstate Medical Center
- Goldstein, Pres; C. Ware, Gr. Chm.
<N.Y. Maritime College
+ McGinn, Pres; A.E. Kinney, Gr. Chm.
+A.T.C. at Farmingdale
- Young, Pres; A. Senyk, Gr. Chm.
NYSTA - Buffalo Regional Office
A/W Building wre
3580 Harlem Road
Cheektowaga, N.Y. 14225
(716) 837-0080
S.U-N.Y. at Buffalo
C. Yeracaris, Pres; L. Michel, Gr. Chm.
-U.C. at Buffalo
C. La Morte, Pres; R. Sugarman, Gr. Chm.
S.U.N.Y. Buffalo Health Sciences
+ Rose, Pres; W. Elliott, Gr. Chm.
at Fredonia
J. Everett, Pres; J. Rose, Gr. Chm.
NYSTA - Vestal Regional Office
Parkway East Office Building
2521 Vestal Parkway
Vestal, New York 13850
(607) 729-3573
S-U-A.T.C. at Alfred
E. Stopfel, Pres; F. Hogan, Gr. Chm.
S.U.N.Y. at Binghamton
R. Hart, Pres; R. Bernstein, Gr. Chm.
U.C, at Cortland
P. Swarr, Pres; R. Rhodes, Gr. Chm.
Ss.
NYSTA ~ Albany Regional Office
2 University Place
Albany, New York 12203
518) 438-6886
S.U.N.Y. at Albany
V. Aceto, Pres; D. Ellinwood, Gr. Chm.
S.U.A.T.C. at Delhi
G. Hotelling, Pres; W. Vetter, Gr. Chm.
S.U.N.Y. Central Administration
K. McCormack, Pres.
S.U.A.T.C. at Cobleskill
N. Overgaard, Pres; L. Joyce, Gr. Chm.
S.U.C. at Oneonta
H. Berkowitz, Pres; F. Miller, Gr. Chm.
NYSTA - Potsdam Regional Office
27 Market Street
Potsdam, New York 13676 e
(315) 265-2160
S.ULA.T.C. at Canton
P. Manke, Pres; W. Christy, Gr. Chm.
S.U.C. at Plattsburgh
H. Doh, Pres; E. Law, Gr. Chm.
NYSTA - Rochester Regional Office
1653 East Main Street
Rochester, New York 14610
(716) 288-2200
S.U.C. at Brockport
I. Schwarz, Pres; J. Dougherty, Gr. Chm.
;C. at Geneseo
T. Nickson, Pres; P. Thompson, Gr. Chm.
NYSTA = Syracuse Regional Office
“S.ULA.T.C. at Morrisvi
D. Knudsen, Pres; R. Lawler, Gr. Chm.
$.U.C. at Oswego
F. Dunn, Pres; J. Schluep, Gr. Chm.
S.U. College of Forestry
R. Lea, Pres; S. Whitt, Gr. Chm.
S.U.N.Y. Upstate Medical Center
G. Ross, Pres; S. Orgel, Gr. Chm.
NYSTA - White Plains Regional Office e
TOT Executive Boulevard
Elmsford, New York 10523
(914) 592-4411
S.ULC. at New Pal
M. Jacobs, Pres; R. Leonard, Gr. Chm.
CC BY-NC-SA 4.0