Bargaining Session #3

Hello all,

It’s Erin Battat from the bargaining committee and I’m excited to update everyone on our  third bargaining session on Thursday, May 30. Many thanks to our observers and notetakers for supporting this process! In our 2-hour session, the bargaining committee passed four counterproposals, and the College passed six counterproposals. No original proposals were passed at this session. 

All of these can be found on our proposal tracker and are summarized below. While we are pleased that we continue to bargain regularly with the College, we are disappointed that the College has yet to substantively engage with our proposals.

Our counterproposals:

Severability: In our counterproposal on Severability (read here), our bargaining committee responded to the College’s concerns about the timeline for re-negotiating any provisions found to be illegal by extending it from 10 to 15 days and allowing for extensions if both Parties agree. We reasserted our position that renegotiation should be automatic.

Academic Freedom: In our counterproposal on Academic Freedom (read here), our bargaining committee delineated specific elements from the 1940 AAUP Statement on Academic Freedom that the College had affirmed more generally in their counterproposal. We specified that academic freedom shall be guaranteed to all BUEs in teaching and research, and that BUEs shall not be penalized for expressing views as an individual outside of work. We remained firm in our position that the College shall not consider student evaluations that criticize BUEs for relevant academic opinions expressed in the classroom. 

Union-Management Committee: In our counterproposal on the Union-Management Committee (read here), our bargaining committee reasserted our position that the purpose of the UMC is to discuss problems covered by the Collective Bargaining Agreement. We also reasserted our preference to allow for the option of a larger committee with more frequent meetings.  

Discipline and Dismissal: In our counterproposal on Discipline and Dismissal (read here), our bargaining committee reasserted that the College shall not have the right to discipline or discharge a BUE except for just cause, thus framing the article as a limitation of management rights and ensuring there is no allowance for the College to discipline BUEs for other reasons. We also reasserted our position that BUEs shall receive written notice of discipline or dismissal and be entitled to a Union representative at disciplinary meetings. We reaffirmed that the disciplinary process shall be kept confidential and that any record of discipline shall be erased from the employment file if resolved through the grievance process. 

The College’s counterproposals:

Employment Records: In their counterproposal on Employment Records (read here), the College drastically restricted BUEs’ access to their Employment Records by rejecting our proposal to allow electronic access and limiting the number of times a BUE can review their records to twice per year. The College also removed language that would ensure the accuracy and confidentiality of Employment records.

Workspace and Materials: In their counterproposal on Workspace and Materials (read here), the College agreed that BUEs shall have access to office space and most library, technology, and computing resources. However, the College asserted more control over whether offices are shared. They also rejected our language that ensured BUEs’ access to unlimited cloud storage and the High Performance Computing cluster. Most significantly, the College struck our language that would ensure BUE access to shared space and equipment for research, saying the priority must be given to tenure-eligible faculty.

Health and Safety: In their counterproposal on Health and Safety (read here), the College made substantial cuts to our provisions for protecting BUEs from physical harm. In one such cut, the College replaced our specific timelines for reporting and responding to unsafe conditions with vague language. The College explicitly noted that they made these changes to reduce grievances, which is our mechanism for enforcing the contract. The College also added language that shifts the liability from the College to BUEs, reducing their accountability for maintaining a safe and healthy workplace. The College also rejected our provisions for tri-weekly testing of air quality, providing safe drinking water, providing access to masks, and enacting protections against mold exposure. On a positive note, the bargaining committee is delighted to report that the College accepted our provision stating that pregnant and lactating BUEs shall not be required to work with teratogenic substances – a groundbreaking win for worker safety!

Holidays: In their counterproposal on Holidays (read here), the College agreed that BUEs are entitled to all major holidays as set forth in the Wellesley College Academic Calendar, but struck our language that said that BUEs are also entitled to paid holidays over breaks (e.g. Fall and Spring break). 

Intellectual Property: In their counterproposal on Intellectual Property (read here), the College limited BUEs’ control over their scholarly work by claiming exceptions, mimicking the existing policy.  The College also countered our position that BUEs shall be entitled to file a grievance if the College violates IP rights as covered by the Agreement. 

Job Postings: In their counterproposal on Job Postings (read here), the College made few changes. Most significantly, they reduced the timelines to allow for an expedited search process, which could compromise fairness by giving an advantage to their preferred candidates.

After both sides passed these counterproposals, our bargaining committee caucused briefly to review the College’s counterproposals and finished with a Q&A. 

The bargaining committee and working groups remain hard at work preparing for our next session on Thursday, June 12, 10am-2pm. Would you like to learn more about the process and show your support? Come observe the bargaining session either in person or on zoom (register here). After the session, we’ll gather in the pavilion by the Science Center and Botanical Gardens for a post-bargaining social at 2-3pm! We hope you can join us for the bargaining session and social afterwards.

Signed,

Erin Battat
Lecturer in Writing
WOAW-UAW Bargaining Committee Member