July 31, 2009
EVC and Campus Provost David Kliger
University of California, Santa Cruz
1156 High Street
Santa Cruz, CA 95064
Thank you for offering faculty the opportunity to discuss campus implementation of the “extreme financial emergency” declared by the Regents on July 16. We welcome the informational session to be held on July 31, and urge you to make full use of the process of shared governance to consult with the Senate. Under HEERA, SCFA also has “the right to consult and be consulted” on such matters, whether bargainable or not, and you have the right to consult with SCFA. 356s(q)(4). We are always ready and willing to be consulted, now more than ever.
SCFA also writes to remind you that, at UCSC, such consultation is not the last step before implementing a proposed change in the terms and conditions of employment for Senate faculty. Any such proposal must, next, be submitted for bargaining with SCFA--the UCSC faculty's exclusive representative, and cannot be implemented until the HEERA-mandated bargaining process is done.
SCFA does not yet know which particular acts you take under the “extreme financial emergency” will be subject to bargaining . The Regents’ action on July 16 gives President Yudof wide discretion to allow variance among and within campuses. Depending on what he does, you may thus end up with a choice about which campus implementation model to follow, and about whether to act uniformly or flexibly within this campus. You will almost certainly have authority
to grant exceptions. All of these local choices must be proposed in advance to SCFA, and would be bargainable insofar as they affect the terms and conditions of employment for UCSC Academic Senate Faculty. The Regents’ action of July 16 explicitly recognizes that all legal rights under HEERA will remain in effect during the “emergency.”
By means of this letter, SCFA asserts its right to be notified of each and every policy choice UCSC has been given, or will be given, with respect to implementing the Regents declaration of “extreme financial emergency”—and also to be notified of each and every exception and variance to be granted under such policies.
We respectfully request that you affirm in writing SCFA’s right to bargain over any such matters that fall within the scope of representation, and to be notified more broadly of all policies and waivers pertaining to the “extreme financial emergency,” whether or not you deem these to be bargainable. Please respond to me, Shelly Errington, at SCFA/AAUP, and to the President of the Council of the University of California Faculty Associations, Robert Meister (CUCFA/AAUP).
Please use the AAUP address on our letterhead for this correspondence:
AAUP/SCFA or AAUP/CUCFA 15 Shattuck Avenue Berkeley, CA 94704.
Chair of the Executive Board
Santa Cruz Faculty Association/AAUP
Cc: UCSC Labor Relations
Cc: UCSC Academic Senate Chair