Colleagues,
A statewide walk-out by SUNY students has been planned for Friday, March 4th at 12:00 PM. The walk-out has been planned in protest of a rational tuition increase and NY SUNY 2020. 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 you to discuss several very important facts that must be understood.
First, and most directly, 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 taking concerted action by walking out of their professional obligation to protest working conditions meets this definition, it is imperative that we all make clear to our members that UUP does not endorse or encourage our sisters’ and brothers’ 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.
Second, 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.
Although we certainly support students free speech rights and applaud their activism, please be aware – that as with the adjunct action that took place last year – we cannot support, encourage or condone this particular action.
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