Dear UUP Members,
Several weeks ago, word began to spread, from a variety of sources, of a planned nationally organized walkout by adjunct faculty. The event is planned for February 25, 2015. The protest was proposed by an adjunct professor of writing at San Jose State University who has chosen to remain anonymous. The purpose of the action is to call for fair wages and better working conditions. I have been informed that some Chapters are considering ways to support and participate in this protest. After consulting with our legal staff, I feel it is necessary to write to present several very important facts that must be understood.
UUP members who participate in any such action, which would constitute an illegal strike under New York State Civil Service Law, could be subjected to loss of two days’ pay for one day of action. In addition, anyone on a term appointment could be subjected to Article 19 disciplinary action, up to and including termination. Employees on temporary appointments are at-will employees and could be terminated immediately.
Participation in any such action (a strike or other concerted stoppage of work or slowdown by public employees) is barred by New York State Civil Service Law (a/k/a, the Taylor Law). Since the law stipulates that employees who take concerted action by walking out of their professional obligation to protest working conditions meets this definition, it is imperative to make clear that UUP does not endorse or encourage our members’ participation in this event. Should they take part, they could well face the punishment of a loss of two days’ pay for the day used for the action, as well as other possible consequences as indicated above.
Under New York State law, no public employee or employee organization can instigate, encourage, or condone a strike or a similar action. If UUP were to be found to have encouraged a strike, we would face legal action potentially leading to the loss of agency fee.
While I support our adjunct brothers and sisters in their quest for a living wage and better working conditions, we cannot support, encourage or condone this particular action. I am working with staff of the American Federation of Teachers to come up with alternative actions that will be meant to promote and pursue the goals we have established in UUP: Bringing adjuncts into full time status with job security and a living income. These steps will be finalized in the next couple of weeks and I’ll bring you up to speed at the start of the new year.
In the meantime, please understand the seriousness of this situation. As President of UUP I am duty-bound to insure that our union abides by the law. To do otherwise is to endanger the union I was elected to lead, as well as the 35,000 members whom we serve.
In Solidarity,
Fred Kowal, President
United University Professions