Hello everybody,
I apologize for this email being in an attached document. But, apparently only the administration can sent long emails. I wanted to communicate with you regarding all of the happenings at NMHU. I apologize for it being so long, but it is important that you all are aware of what is happening right now, as it has been a busy summer. First, let’s start with some good ones:
1. As you probably saw from the payroll email this morning, our benefits are changing. We discussed this last spring and realized that the changes were going to be made in our state insurance premiums. However, because of our success in collective bargaining last year, tenured and tenure track faculty have a different benefits schedule. Our new CBA has NMHU paying 63% of our medical premiums, as well as dental and vision. This is an improvement over previous years. We are hopeful that when the staff bargaining units are finished with their new contracts that they will have the same.
2. As you know, there has been quite a lot discussion and disagreement in the past few years as to when faculty are actually required to be back for the first day of fall. In order to solve many of these issues, we negotiated new language in our CBA to help address this disagreement:
Article 12.6 “The work year is normally defined by the academic calendar, which is approved by the Faculty Senate. Participation in faculty development days and commencement exercises is required.”
The Faculty Senate approved the academic calendar to begin on Wednesday, August 9th for College/School and Department meetings, and August 10, and 11th for the faculty development days. There has been some confusion as to what dates we are supposed to return. Yesterday, I had a meeting with Roxanne and clarified our starting dates. She was in agreement on the starting
dates. The NMHU website, unfortunately, is incorrect in listing our first day back as August 7th. We have asked that it be fixed immediately so that faculty are not confused.
3. We are working with AFT National and should have a website for the NMHU Faculty and Staff Association live for Faculty Development week. It will be hosted by AFT and we will be using many aspects of social media, including Facebook, Instagram, and Twitter to help share news to our members and friends outside of the university. You will see why this is so important after you read the bad news.
4. We are currently in collective bargaining with the hopes that faculty will be
issued contracts before the semester begins. As you are aware, we are bargaining salary and the language in Article 14, regarding what you can and cannot do during a sabbatical. We will use the results of the faculty survey on sabbaticals to make sure the language reflects what the majority of faculty want. We will keep you up to date on our progress.
5. The hourly staff unit is still in bargaining for their first contract. The Professional staff unit has put in a request to bargain to the administration and should being shortly. This is great news.
Unfortunately, that is all the good news. Now, for the report of the negative summer happenings. This summer, things have definitely gotten worse in the relationship that we have with the NMHU Administration. Some faculty have commented that it is worse than it was under Manny Aragon, as at least he wasn’t anti-union. We have several legal issues that we are addressing, including a PPC. Here is an overview:
1. When the university hired Dr. Lora Bailey as the Dean of Education, she was hired with retreat rights. Her initial contract of hire stated that she was a tenured member of the Education faculty. When she was fired in March, President Minner sent me an email stating she was now a member of our bargaining
unit. However, the university subsequently fired Dr. Bailey without using Article 28 of our CBA. In fact, they didn’t allow her as a tenured faculty member to have a hearing or even file a grievance. They terminated her employment without discussion. This is an outright assault on tenure that we cannot allow. Also, it places all of us in danger, if we do not fight for her rights. Although we are not representing Dr. Bailey in this matter, we are representing all of the faculty in the bargaining unit. Therefore, we filed a PPC stating that she must be reinstated immediately into her tenured position and that if they wanted to take steps to fire her that they must use Article 28 “Procedures for Dismissal of a Tenured Faculty Member for Cause or Dismissal of Tenure-Track Faculty During his or her Appointment Contract” of our CBA. We are not arguing on merits related to her dismissal as a tenured faculty member, as we are not aware whether or not the university has cause. We are insisting that they follow our CBA and Article
28. The university is fighting our PPC and has basically stated that she was hired as an administrator on an at will contract so her tenure status ended when she was fired as the dean. This is crazy as retreat rights are commonly given through the U.S. to attract better candidates and has been past practice at NMHU. It means that all administrators with retreat rights are also in danger of losing them with this argument. Needless to say, we are pursuing this matter, as again, it is an assault on tenure.
2. The university has extended the contract for Dina Holcomb, an anti-labor attorney. Initially, last spring they hired her for consultation on union issues for
$5,000. Now, they extended her contract for an additional $20,000. I will remind you that she is not the university attorney or law firm. She was hired only to fight our union activities here at NMHU. We have been told by our unions that this exclaims a definite statement to us all that NMHU Administration and President Minner are anti-union. As you will see from some of the information I am sharing, this appears to be true. Dina Holcomb works regularly with the university’s law firm around the state dragging issues into the Labor Board and into court, rather than helping to solve them internally. We have been informed that she loses regularly in fights against our unions, but that it takes years in the court system to win. This is not acceptable and is certainly a waste of money that NMHU and the taxpayers in NM do not have. It’s shameful.
3. As I shared with you last spring, we believe that we negotiated a new CBA that began on July 1, 2016. The cover page of the CBA even states this. As you are also aware, the President Minner has stated that he was told by an attorney that it was illegal and a violation of anti-donations law in NM for them to retroactively pay us for the past benefits and changes in overload pay. President Minner told me that he would pay if he could and asked if I might give him a legal opinion to show that it is acceptable to do so. He asked me to show him this legal opinion before we filed a PPC on the matter, so that we might work on it internally and solve the issue. On June 20th, our attorney Roxie De Santiago sent our legal opinion to the President and showed him that the legal ways in which the university could honor our contract and apply it retroactively. In response to the letter, President Minner has delegated the discussion of this matter to Denise Montoya. I was informed of this matter from Denise, not the President. This is ridiculous as it shows us that he is trying to distance himself from the union issue and have someone else make the decision. Orit Tamir and I will be meeting with Denise on Monday at the Rio Rancho Center. Also in attendance will be our attorney, Roxie, and their attorney Dina Holcomb. This is not acceptable. If we do not get the results that we want in that meeting, we will be filing a PPC immediately. This is ridiculous.
4. On May 1, 2017, Denise Montoya notified Margaret Gonzales, Mario Romero, and me that it was illegal for any of us to do union work during working hours. She said it was a violation of NM anti-donations law and that if we were doing this type of work that we needed to use annual leave or leave without pay, or face disciplinary action. Really???????
On June 20, 2017, our attorney sent Denise and President Minner a letter outlining that in fact, it is not against the law or a violation of the anti-donations law for us to be doing work that is mutually beneficial to the university and union, during working hours. Also, this is ridiculous as faculty do not have normal working hours, nor do we have annual leave. We are fighting this as it is absurd and a way for them to try to break the union. On Monday, Orit, Roxie, and I will
be meeting with Denise and Dina Holcomb to discuss this, as well. If need be, we will file a PPC and fight as it is absurd.
5. The staff were informed by Denise that parts of our CBA are illegal. She has yet to inform me, as we will file a PPC against her immediately if she begins to attack us on this too. She believes that the Faculty Association and our staff units cannot use the university email, mail, or any other resources that the university provides, as it is a violation of the anti-donation law. Hmmmmm.... She is trying to cut us off from communicating. Also, it is of course not illegal and Roxie has given us the case law and PELRB language to show it. In fact, Denise obviously isn’t aware that President Minner has given the NMHU Faculty and Staff Association access to the NMHU webpage so that we can link NMHU’s webpage to our new one. It’s like they don’t talk..... Also, it was the university administration that bargaining the language in our CBA and approved it. So, obviously they are in disagreement. But regardless, this is anti-union sentiment that cannot be allowed to continue.
6. We filed a case in district court against the university for their blocking our organizing of the grant funded positions at NMHU. We had originally reached an agreement during a settlement meeting with Max, the attorneys, and our National and State AFT representatives and me. They have now gone back on that agreement, so we are fighting them.
7. The professional staff unit is also filing a PPC against the administration for violations of PEBA. They have legal representation, as well.
Thank you for your time! Kathy
Dr. Kathy Jenkins
President of the NMHU Faculty Association Co-President of the NMHU Faculty and Staff Association