2009 FALL DELEGATE
ASSEMBLY
OCTOBER 2
- 3, 2009
Officer's Reports
Highlights and Resolutions
The 2009 Fall Delegate Assembly was
called to order by President Phillip H. Smith at 5:00 p.m., Friday, October 2, 2009 in
the Grand Ballroom of the Rochester Hyatt Hotel, Rochester, NY.
In Pre-Plenary Activities:
- The LGBTQ Committee heard
from Sheila Sable, Empire State Pride Agenda.
- Academic Delegates held discussions
on the UUP membership survey and on the 1979 retrenchments.
- Professional delegates held
discussions on important committees for Professionals: College Review
Panel; Evaluation Review Committee; University Review Board.
In the Friday evening Plenary
Session:
- Delegates heard the report
of President Phil Smith.
- Delegates adopted a Special
Order of Business from the Binghamton Chapter honoring Morris Budin.
Whereas, Morris Budin came
to Harpur College, now Binghamton University, to begin an Economics
Department; and
Whereas,
he joined the nascent movement to unionize Academics and Professionals
across the State of New York; and
Whereas, he served UUP admirably
as its Vice President for Academics from 1976-1978; and
Whereas, he continued to
serve UUP as a member of the statewide Executive Board from 1984-1990;
and
Whereas, he also served
UUP by negotiating the 1977-1979 Agreement; and
Whereas,
he was the first recipient of the Nina Mitchell Award in 1989; and
Whereas, he contributed
to the health and vitality of the Binghamton Chapter for all the time
he was a member by serving in various capacities; and
Whereas, he led the fight
against a parking fee at Binghamton University, successfully stopping
the state's attempt to tax members across the state; and
Whereas,
Morris Budin was most proud of his work in UUP; be it
Resolved, that UUP celebrate
the life and achievements of Morris Budin; and be it further
Resolved, that those achievements
be memorialized in any history created regarding the beginning and activities
of UUP.
- Delegates adopted a Special
Order of Business honoring Trudy Butera.
WHEREAS,
Gertrude Butera, Professor of Business and Marketing emerita from Alfred
State College, has been the heart and soul of our UUP scholarship program
since its inception; and
WHEREAS,
as honorary trustee of the fund, she single-handedly raised tens of
thousands of dollars to allow us to celebrate our life's work through
the Program to Honor Academic Excellence; and
WHEREAS, at the young age
of 89, she has determined it is time to invest her energies in new endeavors
and so has resigned as Trustee; and
WHEREAS, the Delegate Assembly
truly appreciates the work she has done over the years and knows that
we will miss her energy and commitment and wish her well in her new
career; therefore be it
RESOLVED, that the President
of UUP shall cause these sentiments to be inscribed in an appropriate
fashion and commemorate and communicate it to her.
At the Friday night dinner:
- The four student winners
of the UUP Scholarship were honored by Delegates. Erika Frerking (Cortland),
Angela Lambrix (Buffalo State), Benjamin Pomerance (Plattsburgh) and
Venus Wiggins (Buffalo State) accepted the honor and spoke to the Delegates.
- President Smith presented
the 2009 Nina Mitchell Award to Michael Zweig of Stony Brook.
At the Saturday morning Plenary:
- Delegates referred a proposed
Constitutional Amendment on Nomination and Election Procedures for Officers
and Executive Board members back to the Executive Board to limit the
proposed changes.
- Delegates heard the reports
of the Vice President for Academics; the Vice President for Professionals;
the Secretary and Elections and Credentials Committee; the Treasurer
and Finance Committee; and the Membership Development Officer and Membership
Committee
- Delegates adopted a motion
to have the compressed schedule operative at all future Delegate Assemblies.
- Delegates adopted a resolution
in support of the University of California employees from the Executive
Board.
Whereas, the University Professional
and Technical Employees (UPTE-CWA Local 9199) union of the University
of California (UC) system called a one-day strike against UC's unfair
labor practices after 19 months of employee bargaining; and
Whereas, thousands of students,
faculty and staff across the 10-campus University of California system
staged rallies and boycotted classes on September 24, 2009 to protest
dramatic cuts to the system's budget and proposed additional hikes in
undergraduate fees; and
Whereas, the publication
Labor Notes reports that twelve thousand clerical workers organized
by the Coalition of University Employees are without contract, and layoffs
and furloughs threaten service workers in AFSCME Local 3299; and
Whereas, the UC system's
primary mission and responsibility is providing a quality education
to as many California residents as possible; therefore be it
Resolved, that UUP President
Smith publically communicate its solidarity with UPTE-CWA Local 9199,
AFSCME Local 3299, and the rest of the staff, faculty and students the
UC system.
- Delegates adopted a resolution
in support of fired Boston Hyatt Workers from the Executive Board.
Whereas, The Hyatt Regency
Boston, Hyatt Regency Cambridge, and Hyatt Harborside at Logan International
Airport fired 98 housekeepers on August 31, 2009, many of whom had worked
for the hotel chain for 20 or more years; and
Whereas, these three hotels
replaced their employees with cheaper, outsourced labor that had recently
been trained by the fired hotel staff; therefore be it
Resolved, that UUP stand
in solidarity with these workers and communicate our outrage at the
hotels' firing of them via petition to the Hyatt Corporation.
- Delegates adopted
by acclamation a resolution on racist language in the media from the
Executive Board.
Whereas, United University
Professions is the nation's largest higher education union; and
Whereas,
UUP has a commitment to education; and
Whereas, UUP has an unshakable
belief in the freedom of speech and expression, albeit in a civil manner;
and
Whereas, the election of
the first African-American President of these United States in the person
of Barack H. Obama was an historical event which brought much hope to
Americans of all races and ethnic backgrounds; and
Whereas, political
discourse is a key element of a democracy; and
Whereas, UUP encourages spirited
dialogue in the advancement of democracy; and
Whereas, however, there exists
in this country a history of people using race for the advancement of
their own political agenda; and
Whereas, some members of
the media, invoking freedom of speech have engaged in overt race-baiting
against President Obama, such as calling him "a racist" and a person
"obsessed with reparations;" and
Whereas, some members of
the media, also invoking freedom of speech, are now targeting Justice
Sonia Sotomayor, the first Hispanic appointed to the Supreme Court;
and
Whereas, those same elements
appeal to the basest emotions within some factions of our population
without regard for the potential consequences of their actions; therefore
be it
Resolved, that the 2009 Fall
Delegate Assembly of UUP condemns all race-based invective on the part
of these elements of the media who seek to promote and capitalize on
such actions; and be it further
Resolved,
that the 2009 Fall Delegate Assembly requests President Smith to direct
UUP's Communications Department to post this resolution on its website.
- Delegates adopted a resolution
from the Membership Committee amending policy on NYSUT Associate Membership.
That a person who is a Member of
UUP and becomes involuntarily separated from SUNY, excluding persons
dismissed for cause, or retires from SUNY, is eligible to become an
Associate Member of NYSUT. Only if the individual retires as a member,
can s/he become Retiree Member of UUP. If the individual has been involuntarily
separated or retires as a Fee Payer, s/he may not become a Retiree Member
of UUP nor an Associate Member of NYSUT.
- Delegates adopted a resolution
from the Membership Committee to explore the feasibility of placing
all public resources of UUP on LeaderNet.
The
Membership Committee recommends that the President research the feasibility
of moving all public resources of UUP, such as the Leadership Handbook,
to LeaderNet, so as to move towards a greener union.
- Delegates adopted by acclamation
a resolution from the Committee on Active Retired Membership to remove
Michael J. Astrue as Commissioner of the Social Security Administration.
WHEREAS, Social Security
Administration Commissioner Michael J. Astrue has refused to work with
the exclusive representatives (AFGE, ALJ/IFPTE) of the employees towards
effecting the mission of the Agency to provide outstanding service to
the American public; and
WHEREAS, Commissioner Astrue
has implemented policies and procedure changes without sufficient testing
and employee input, thus placing the public at risk of being disadvantaged
in their benefit choices; and
WHEREAS, Commissioner Astrue
has disadvantaged unrepresented claimants in disability hearings by
not providing sufficient staff to explain new electronic processes,
such as the electronic disability file; and
WHEREAS, trained SSA workers
are now being instructed not to question an applicant's choice of
when to start benefit payments, even when the choice may be disadvantageous
to the applicant; and
WHEREAS, SSA employees are
now being instructed in some sites to direct applicants to file for
benefits on the Internet, even though the applicants have come into
a field office to be interviewed by an SSA employee; and
WHEREAS, on March 3, 2009,
the AFL-CIO Executive Board urged immediate Presidential action to remove
Michael J. Astrue as Commissioner of the Social Security Administration
for his neglect of duty in administering the Social Security Administration
and its programs, and for his hostility towards SSA's unions; therefore
be it
RESOLVED, that this body
will stand with the AFL-CIO, with the American Federation of Government
Employees, and with the Association of Administrative Law Judges/International
Federation of Professional and Technical Engineers in calling upon the
President and the Congress to remove Michael J. Astrue as Commissioner
of the Social Security Administration for his neglect of his duty to
carry out the mission of the Social Security as mandated by law and
by Congressional intent.
- Delegates adopted by acclamation
a resolution from the Solidarity Committee in support of a boycott of
the Holiday Inn Express Latham.
Whereas, for over
a hundred days workers at the Holiday Inn Express in Latham, New York
have been on strike against the unfair labor practices of that hotel's
management; and
Whereas, when the workers
notified their employer of their desire to form a union, within 24 hours
half the union organizing committee was fired. Ultimately, a strike
was called; and
Whereas, Local unions in
the Capital District have agreed to show their solidarity with striking
union workers by boycotting the Holiday Inn Express Latham and owner
Jim Morrell's other businesses, which include seven auto dealerships
and nineteen radio stations; be it
Resolved, that UUP supports
this boycott of the Holiday Inn Express Latham and Jim Morrell's other
businesses and calls on local chapters to help educate their members
about the boycott and the need to support it.
- Delegates adopted a resolution
from the Solidarity Committee on the right of Iraqi workers to form
and join unions.
Whereas, the Iraqi
people lack one of the fundamental building blocks of a democratic society
-the right of workers to join unions of their choice free of government
interference, domination, harassment or repression; and
Whereas, these transgressions
of fundamental labor and human rights have taken place without a word
of criticism from the U.S. government to Iraqi authorities; therefore
be it
Resolved, that UUP
through President Phil Smith asks our government and in particular Secretary
of state Hillary Clinton to call upon the Iraqi Government to live up
to the terms of its own constitution and international treaty obligations
by:
- Respecting the right of free
association and other worker rights defined by ILO conventions;
- Ceasing all repressions of
Iraqi unions;
- Ending harassment of union
leaders and activists; Releasing union funds and assets and permitting
unions to operate normally;
- Directing management of public
enterprises and government jurisdictions to recognize and bargain with
unions freely chosen by their employees; and
- Promptly adopting a basic
labor law that enshrines these rights and obligations in the legal code
of Iraq.
- Delegates adopted a resolution
from the Labor and Higher Education, Solidarity and Women's Rights
and Concerns Committees on the war in Afghanistan.
Whereas, the mission,
strategy, and tasks of counterinsurgency are not those of counterterrorism;
and
Whereas, the military pursuit of counterinsurgency can
create many more terrorists than it kills; and
Whereas, counterinsurgency strategy involves nation-building,
which would draw the U.S. into a long term engagement with the corrupt
and illegitimate government of Hamid Karzai, with no foreseeable exit
from a country well know as the "graveyard of empires;" and
Whereas U.S. standing in the world will benefit from the exercise
of more wisdom rather than more raw power; and
Whereas military spending creates many fewer jobs than the same
amount spent on infrastructure and other domestic needs (Robert Pollin
and Heidi Garrett-Peltier, "The Wages of Peace," The Nation,
March 31, 2008); and
Whereas, the $65 billion to be spent in Afghanistan this year, and the hundreds of billions of
dollars required in coming years for counterinsurgency there, are desperately
needed for urgent domestic social purposes, not least health care for
all, housing relief in the foreclosure crisis, full veterans benefits,
and the creation of millions of jobs; therefore be it
Resolved, that UUP opposes any further escalation of US
military forces in Afghanistan; and be it further
Resolved that UUP calls for the immediate start to the drawing
down of all U.S. military forces and contractors from Afghanistan; and
be it further
Resolved, that UUP calls for defeat of terrorist conspiracies
and networks through appropriate lawful police, intelligence, and financial
means; and be it further
Resolved, that UUP calls for emphasis on diplomatic measures
to enlist the broadest coalition of nations and organizations in the
isolation, arrest, and bringing to justice of those who engage in terrorist
action against the United States; and be it further
Resolved, that UUP calls for the redirection of the military
budget for Afghanistan to urgently needed U.S. social programs; and
be it further
Resolved, that UUP will undertake an educational campaign
on these issues among its membership and seek to involve the members
in the political tasks necessary to implement this resolution in public
policy; and be it further
Resolved, that UUP will communicate this resolution to its Congressional
Delegation and affiliates with a request that they act accordingly.
- Delegates adopted
a resolution from the Women's Rights and Concerns and LGBTQ Committees
in support of ENDA.
Whereas, Title VII of the
Civil Rights Act of 1964 prohibits discrimination in the workplace on
the basis of race, gender, and ethnic origin; and
Whereas, legislation has
been regularly introduced in Congress since 1974 to prohibit discrimination
on the basis of sexual orientation and, often, gender identity; and
Whereas,
United University Professions, the nation's largest higher education
union, has a history of strong support for equity in the workplace;
and
Whereas, the Employment Non-Discrimination
Act (ENDA) (H.R. 3017) is a proposed bipartisan bill in the House of
Representatives with 178 current cosponsors as of September 23, 2009,
banning workplace discrimination based on sexual orientation and gender
identity; a like ENDA bill has been introduced in the Senate (S.1584)
currently with 40 cosponsors; and President Barack Obama supports this
legislation; therefore, be it
Resolved, that the
Fall 2009 Delegate Assembly support the passage of the Employment Non-Discrimination
Act (ENDA) currently before Congress; and further be it
Resolved, that President
Phil Smith send letters to the members of the New York delegation to
Congress urging them to work for the passage of this bill and expressing
the enthusiastic support of United University Professions, the nation's
largest higher education union, for the passage of this bill.
- Delegates adopted a resolution
from the Committee of Vice Presidents for Academics on recent events
at Binghamton University. Each RESOLVED was voted on separately.
Whereas,
SUNY Binghamton administration, in the effort to hide inappropriate
behavior with respect to giving special treatment to its basketball
team in a number of ways, including grading; and
Whereas, when Professor
Sally Dear, an 11 year part-time professor, complained about this outrageous
breach of ethics , the administration, first reduced her course load
and then non-renewed her; and
Whereas, this action is a
direct attack on academic freedom, the bedrock of the academy; and
Whereas, the Binghamton
Administration's actions have cast a pall over free speech, faculty
governance and effective teaching, not to mention academic standards;
therefore be it
Resolved, that UUP
condemns frontal assault on academic freedom; and be it further
Resolved, that the Delegate
Assembly directs the President of UUP to use all of his power to get
Professor Sally Dear's position back and that she be made whole; and
be it further
Resolved,
that President Smith be directed to communicate our concern to our affiliates
asking them to lend their voices to restoration of academic integrity
at Binghamton; and be it further
Resolved,
that this matter be sent to AAUP and its Committee A.
- Delegates adopted a resolution
from the Human and Civil Rights and the LGBTQ Committees endorsing legislation
legalizing same sex marriage.
Whereas, the State
of New York is on the brink of recognizing the full Human and Civil
Rights of Gay and Lesbian persons through the legalization of same sex
marriage; be it
Resolved, that
the President of UUP shall communicate our full endorsements of this
legislation to the members of the New York State legislature and all
our affiliates and the media.
- Delegates adopted a resolution
from the Human and Civil Rights and the LGBTQ Committees
asserting equal access to quality health care as a human right.
Whereas, the American people
asserted in the Declaration of Independence that "All men are created
equal and endowed by their creator with certain inalienable rights and
that these are the rights to life liberty and the pursuit of happiness;"
and
Whereas,
in 21st century America the right to life is dependent on
the ability to pay; therefore be it
Resolved,
that this Delegate Assembly asserts that equal access to quality health
care is a human right as defined by the founders; and be it further
Resolved, that the
President of UUP shall communicate this determination to the affiliates,
the New York State delegation to Congress and the members of the New
York State Legislature and all other appropriate bodies.
- Delegates adopted a resolution
from the LGBTQ Committee urging chapters to establish LGBTQ Committees.
Whereas, there is increasing
interest in legislation and events related to LGBT members, their families,
friends, allies and students; and
Whereas, UUP has established
a statewide committee for the advocacy and review of LGBTQ concerns;
and
Whereas, supporting the civil
rights campaign for LGBT members is consistent with UUP's long history
of support for equal rights for all citizens; therefore be it
Resolved, that Chapters
are urged to establish LGBT Committees. Both The University at
Albany and the Stony Brook HSC chapters have established such committees
and are willing to provide advice and counsel to other chapters to establish
a presence at the campus level for LGBT members. Further, we ask
that chapters advise the UUP secretary about the establishment of such
committees.
- Delegates adopted a previously
tabled resolution from the Women's Rights and Concerns Committee in
support of microstamping ammunition.
Whereas, 477,040 gun-related
crimes occurred in the United States in 2007 and are responsible for
the murder of thousands of Americans each year including, last fall,
the murder of a young man who was a student at SUNY Albany; and
Whereas, these crimes
often remain unsolved because police are unable to identify the shell
cartridges left at the scene of the crime, which can then identify the
guns used as well as their owners; and
Whereas,
microstamping is an innovative process in the manufacture of
guns that allows each gun to leave a unique mark on the bullet cartridges
as they are fired; and is currently available at a cost of between $1.50
and $3.00 per gun; and
Whereas, Assemblywoman
Michelle Schimel and Assemblyman Steven Englebright are reintroducing
a bill that requires all semiautomatic pistols manufactured or delivered
to any licensed dealer in this state to be capable of microstamping
ammunition, a law supported by 50 law enforcement agencies and passed
in California; therefore be it
Resolved, that the Delegate
Assembly request President Smith to contact Assemblywoman Schimel and
Assemblyman Englebright to offer the support of UUP for the successful
passage of this bill; and be it further
Resolved, that President
Smith take other actions to ensure the passage of this bill including
contacting Governor Paterson and Senators Schumer and Gillibrand to
declare the support of United University Professions for this bill.
- Delegates adopted a resolution
from the Cortland Chapter in support of health care reform.
Whereas, it is crucial
to America to see significant health care reform as a moral, social
and fiscal issue; and
Whereas, it is crucial
that health care reform cover the uninsured, lower costs, shield families
from health-bill induced bankruptcy, and improve the quality of health
care; and
Whereas, it is crucial that
all effort be made, at the least, for a robust public option for assuring
competition for health insurance corporations; and
Whereas, the union movement
and UUP have an interest in health care reform;
Whereas, we are deeply offended
if one of our vendors (United Health Care) is actively lobbying against
those who support health care reform and pro-union health care and health
insurance reform; therefore be it,
Resolved that the 2009 Fall
Delegate Assembly direct President Smith to bring all possible pressure
on United Health Care to cease their active lobbying again health care
reform; and be it further
Resolved that President Smith
and our NYSUT directors-- as a matter of urgency and timeliness -- urge
our affiliates, NYSUT, AFT, NEA and the AFL-CIO -- to step up their
advocacy efforts for meaningful health care reform.
- Delegates adopted a Resolution
proposed by the Western New York Delegates at their Pre-DA Meeting.
RESOLVED,
that the President of UUP and the Chair of the Outreach Committee shall
design and implement a SUNY-wide email campaign to educate the alumni
and families of current students to the acute threat to access to and
excellence in the University presented by the current budget crisis
and that in the planning and implementation of this program, special
attention shall be paid to the arguments of the independent colleges
and universities as they work to defend their state subsidies; and
be it further
RESOLVED,
that the President of UUP shall render a full report to the 2010 Winter
DA on the nature and extent of this program.
- Delegates adopted the
recommendations of the Executive Board on the disposition of policy
statements due to sunset.
The 2009 Fall DA was adjourned at 12:15
p.m.
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