FAQ on Unionized Specialized Faculty Spring 2016 From Academic Human Resources 1. What is the Non-Tenure Faculty Coalition? The Non-Tenure Faculty Coalition (NTFC) Local #6546, IFT/AFT/AAUP is a bargaining unit that consists of approximately 500 specialized faculty holding an appointment (or combination of appointments) of 51% FTE or greater, excluding specialized faculty in the colleges of Law, Veterinary Medicine, and Medicine. 2. How long has the campus been bargaining with the NTFC? The NTFC was certified as the exclusive bargaining representative for this group of specialized faculty members in July 2014. Negotiations began in October 2014. To date, there have been 28 bargaining sessions and two sessions with a federal mediator. Four additional mediation sessions are scheduled for April 27, May 11, May 26, and June 22. 3. Why haven’t you worked out a contract? The University’s goal always has been, and continues to be, to provide a fair and appropriate contract for specialized faculty, taking into account the current budget challenges and uncertainty we face in the state of Illinois. The campus has been engaged in ongoing contract negotiations with representatives from the NTFC since October 2014. To date, we have held 28 bargaining sessions and two sessions with a federal mediator. We entered into mediation at the request of the union and have had two sessions with the federal mediator. Currently, four additional mediation sessions are scheduled for April 27, May 11, May 26, and June 22. It is not uncommon for a first contract to take a significant period of time to negotiate, as there is no existing contract with which to work and both parties move cautiously to ensure appropriate contract language. In particular, in addition to being focused on reaching a fair and equitable contract, the campus is careful to ensure the labor contract does not contravene faculty and shared governance processes. 1 4. Is there an option that could avert a strike? The campus does not want a strike. The campus has actively and in good faith been bargaining with the NTFC since fall of 2014, presenting proposals that represent a fair and appropriate contract. The campus and NTFC have reached tentative agreements on several key items. In an effort to reach agreement, the campus has presented proposals on all outstanding items. We believe we can reach a fair and appropriate contract if the union continues to participate in bargaining and works with the campus to reach our first contract. We entered into mediation at the request of the union and have had two sessions with the federal mediator. Currently, four additional mediation sessions are scheduled for April 27, May 11, May 26, and June 22. If the NTFC chooses to engage in a strike, we will be disappointed they aren’t willing to give the mediation process a chance to succeed. The campus will continue bargaining in good faith and do all that we can to avoid a strike. 5. Who can legally participate in a strike? Only specialized faculty who hold positions covered by the NTFC can strike. All other employees are expected to discharge their work obligations. In fact, represented employees have contractual provisions preventing them from participating in a sympathy strike. The university’s normal procedures governing approved absences remain in effect. 6. If NTFC strikes, what does that mean for faculty and staff? Faculty and non-NTFC staff are expected to discharge their job duties as usual. Students and parents who have paid tuition in order to receive a quality education have reason to expect that the objectives of courses will be fulfilled. 7. If specialized faculty strike, will classes be held? Yes. The University will monitor the situation closely and assess options for dealing with any disruption that might occur, with the goal of minimizing any harm a work stoppage would cause. Occasionally, classes are cancelled for various reasons at the University throughout the year. In all situations the department will work to do what is in the best interest of affected students. 8. Should students still go to class? Yes. Students have a right to receive the education for which they are paying and for which they have worked hard to receive at the University of Illinois. We are committed to ensuring that teaching and learning continue. If a strike happens, we will communicate with students to provide information and support. 2 9. What can picketers lawfully do? Can they block my way into class? Students have a right to attend classes, to enter academic and administrative buildings and to do so without being intimidated, coerced or threatened. Picketing on public property is usually lawful so long as the picketing is peaceful, does not create a disturbance, and does not block entrances and exits. Picketers must not block a door, passageway, driveway, crosswalk or other entrance or exit. Union officials or picketers have a right to talk to people going into or out of campus buildings. Intimidation, threats and coercion are not permitted, either by verbal remarks or physical action. If anyone experiences threats or acts of violence, please call 9-1-1. 10. Where can a student go for answers if they have questions? Specialized faculty are expected to alert students in advance about class assignments and arrangements. The office staff in the department or college offering a specific course also will be available to respond to questions or problems that might arise in the event of a work stoppage, and staff in the Dean of Students office also will be available at 217-333-0050 to respond to questions or concerns of students or their parents. 11. How long will the strike last? Whether and how long a strike occurs will be determined by the NTFC. From the University’s perspective a strike is unwarranted. The University has continued to present proposals that represent a fair and appropriate contract, given the present economic situation. 12. If the strike is prolonged, what will happen to students’ grades? The University expects that teaching and learning continue. The University’s goal is to ensure that students are treated fairly and the objectives of their courses are fulfilled. Department heads will work with the Provost’s Office to make decisions in the best interest of the affected students. 13. If the union withholds grades, what will happen then? If that becomes an issue, we would consult with the unit heads to determine what approach would be in the best interest of their students and move forward accordingly. 14. What are the possible consequences for specialized faculty who engage in a work stoppage? While the University recognizes that, under certain circumstances, represented employees have the right to strike, it is equally important to note that individual employees also have the right to 3 choose not to strike and to continue working. Employees who report to work during a strike will be paid by the University for their services, whereas employees who choose to strike will not be paid. 15. Can the University withhold pay from specialized faculty members who participate in a strike? Is withholding pay retaliation? There are laws in Illinois that recognize the right of public employees represented by labor organizations to strike, and the University will, of course, comply with all applicable requirements and principles regarding the rights of striking employees. Continuing to receive pay despite withholding services is not one of those rights. To do so would violate laws and policies regarding appropriate use of state resources. The University is not at liberty to continue to pay employees who are not working because they are participating in a strike. 16. Which offices handle the communication about the NTFC if there is a strike? The Provost’s Office, in conjunction with Academic Human Resources, Legal Counsel, and Public Affairs are responsible for communications. Robin Kaler, Associate Chancellor for Public Affairs, is the official spokesperson to the media. 17. Who can I contact for more information or if I have questions? You can contact the Office of Academic Human Resources, specifically, Heather Horn or Sharon Reynolds – both at 217/333-0033, or email strikequestions@illinois.edu. 4