Uncommon Sense

The Newsletter of the United Faculty of Florida, USF Chapter

(an FEA [AFT & NEA] affiliate)

Volume 12, Number 4                                                                                           Spring, 2005

The Voice of the University Professional

 

 

About Membership

 

Only UFF members may run or vote, but UFF represents everyone in the bargaining unit.  What’s going on here?

     Many contracts – leases, sales, loans – are presented by a landlord, car salesman, or bank to sign or not sign.  A renter, buyer or debtor who wants a different contract must go to the competition down the street, which often offers a rather similar deal.

     So workers bargain their contracts.  When they can.  But while a movie star or CEO can afford a personal bargaining agent, most workers must unite to form a collective agent, a union, to bargain a contract.

     And a union is better able to enforce a contract than one employee alone.

     A union provides something closer to equal footing.  But since employers prefer a position of advantage, they lobby legislatures to pass laws limiting union effectiveness.  One such law is a “right-to-work” law.  Such a law forbids labor contracts from requiring that employees be dues-paying members of a union.  As Florida has such a law, faculty of USF represented by UFF need not join UFF and pay dues.

     This law sounds high-minded, but it really is a calculated exploitation of a weakness in human nature that economic game theorists call the “Tragedy of the Commons.”

     In Medieval Europe, a village held land “in common” for use by all the villagers.  The problem was maintaining it.  Each villager knew that any contribution that an individual made would not make too much of a difference, so each benefited little from their own contribution.  But if everyone thought this way, no one would maintain the common and it would decline.  The village dealt with this problem by using shame, guilt, and praise:  if a village had a hundred residents, it wasn't hard to tell who did their fair share, and who did not.

     Nowadays, there are a lot more than a hundred people involved in any “common” like the blood supply, public television, or a union.  The economic part of the calculation remains the same, so only some people are actually supporting efforts from which all benefit.  But while the blood supply and public television need only enough supporters to supply blood or to pay the bills, unions are in an adversarial position, and need more and more active support.  They cannot be effective if only a small minority actually pays dues.

     Part of the reason is tangible:  running a union involves money.  And from (dues-paying) supporters come activists who are willing to put their time and energy into doing the work of the union.

     Part of it is intangible.  If the union has a lot of members, each committing 1 % of their salary annually, the administration takes a very different posture from the one it assumes if the union has only a few members.  Of course, “support” of the bargaining unit helps, but it doesn’t provide the clout that paying membership does.

     The union tries to dilute the calculation of the Tragedy by getting benefits for members, notably special insurance packages, financial programs, free access to legal advice, etc.  And some of us who are good with money can actually save more money from the benefits than they pay in dues.  But for most people, perhaps the most important appeal is to civic duty.

     That appeal is represented by the union’s electoral practice.  The right to run and to vote requires a commitment to the union’s mission.  It requires membership.  So we call on everyone who wants a say in the union: come and join the movement.

 

Court & the Contract

 

While USF has a contract, many universities do not.  But they may soon.  There is progress in bargaining...and in the courts.

     On January 7, 2003, the 2001-2003 Collective Bargaining Agreement expired, and boards of trustees announced that there was no union and no contract.  Now all but one board recognizes the union, and there are three contracts (congratulations to UCF, which has just ratified a contract!).  Most other universities are nearing agreement.

     Legal recognition and contracts are won by political pressure, hard bargaining,...and legal action.  The legal action is also near resolution, and it looks good.

     When some administrations flatly refused to recognize the union in 2001, we filed several “unfair labor practice” complaints with the Public Employees Relations Commission (PERC), which oversees labor disputes for state and public employees.  By 2003, all members of the commission had been appointed by Governor Bush, and by some coincidence, PERC’s recent decisions are often inconsistent with precedent.    

     UFF and the university staff union AFSCME together complained that UWF and FSU refused to recognize the unions and their contracts.  Those administrations made the usual argument:  the reorganization ended all contractual obligations.  The unions’ response was:  reorganization does not end contractual obligations.

     PERC ruled that the unions’ position was “illogical.”  Faculty at UWF and FSU had to petition for certification elections (which UFF won by 91 % and 96 %, respectively) to compel their administrations to recognize UFF.  And faculty at UF-Gainesville have been fighting a protracted battle with their administration over setting up a certification election.

     On February 14, the First District Court ruled that, “State government cannot ... unilaterally terminate its obligations ... simply by reorganizing its executive branch,” and thus that the UWF and FSU boards should have recognized UWF and FSU.  Furthermore, the court remarked that, "PERC must itself comply with statutes it administers.”  In other words, PERC should have ordered the boards to recognize UFF and the contract.

     It looks very much like the terms and conditions of the old contract stayed in force after the contract expired.  The point is: what goes for UWF and FSU goes for everyone else.

     For USF, this means that the old contract was in force until December 2, 2004, and thus that our administration has committed many violations, and missed many deadlines for acting on those violations.  But since we have a new contract, the effect on us is not as great.  (FAU and UCF also have new contracts.)

     The effect is greatest at UF-Gainesville.  No more stalling on certification: the board must recognize the union, period.  The other universities, where the administrations recognize the union but not the old contract, now must (retroactively) recognize a contract whose terms and conditions those administrations have been continuously violating for over two years.

     It is not clear what the administrations will do next.  FSU and UWF can appeal to the state Supreme Court, but there is little hope for them there.  They may flounder a bit, but there is little choice: they must obey the law.  The terms and conditions of the old contract were and are in force until a new contract is bargained.

     This did not fall out of the sky.  We fought for over two years.  And we had help.  We had support from Florida Education Association lawyers, and we were joined by AFSCME, which represents the secretaries, physical plant workers, and other staff at the universities.  If we did not hang together, we would surely have been hanged, separately.

     And remember, there will be a next time...