Support for SB 1212 (Romero) Government Code: Higher Education Labor Relations: Memorandum of Understanding

AS-2537-01/FA - May 10-11, 2001

ATTACHMENT to AS-2537-01/FA (.pdf)

RESOLVED: That the Academic Senate of the California State University (CSU) endorse the principle that faculty in the CSU should have the strongest possible protection of their due process rights in order to preserve their intellectual and academic freedom in the classroom and in their teaching and scholarly, and creative work; and be it further

RESOLVED: That the Academic Senate CSU remind all members of the CSU community that the American Association of University Professors (AAUP) has long since articulated due process principles that have set a standard for faculty in American colleges and universities; and be it further

RESOLVED: That the Academic Senate CSU recognize that the protections spelled out in Section 89542.5 of the Education Code provide only a baseline with respect to due process rights, one that should not be eroded but should, in fact, be strengthened as a result of collective bargaining; and be it further

RESOLVED: That the Academic Senate find unacceptable any effort to effect a tradeoff between a strong due process system and other needs and requirements of faculty; and be it further

RESOLVED: That the Academic Senate CSU, believing that strong due process protections lie at the heart of academic freedom and the health of the academy, urge that members of the CSU community make every effort to realize the goal stated in the Higher Education Employer-Employee Relations Act (HEERA) of "harmonious and cooperative labor relations"; and be it further

RESOLVED: That the Academic Senate CSU note that presently unsettled points in discussions of due process rights of faculty are amenable to resolution in good-faith discussions; and be it further

RESOLVED: That the Academic Senate CSU support SB 1212 (Romero), whose intent is to protect due process rights of CSU faculty; and be it further

RESOLVED: That the Academic Senate CSU send copies of this resolution to the Chancellor, Board of Trustees, California Faculty Association (CFA), campus senates, and members of the California legislature.

RATIONALE: In its initial proposals for the current contract bargaining, CSU has argued that faculty due process rights, including arbitration, should be at the least reduced, and at worst eliminated. Proposed legislation would contain that effort, requiring that "existing law relative to grievance and disciplinary action procedures in the CSU may not be superseded by a memorandum of understanding (MOU) unless the MOU provides more than the minimum level of benefits or rights provided by that law."

APPROVED - May 10-11, 2001