UNITED UNIVERSITY PROFESSIONS The 2009 Winter Delegate Assembly was called to order by President Phillip H. Smith at
5:00 p.m., Friday, January 30, 2009 in the King Street Ballroom of the Desmond Hotel, Albany, NY. In Pre-Plenary Activities:
In the Friday evening Plenary Session, Delegates heard the report of President Phil Smith. At the Friday night dinner:
In the Saturday morning Plenary Session, Delegates heard the reports of Vice President for Academics Fred Floss, Secretary Eileen Landy, Treasurer Rowena Blackman-Stroud and Membership Development Officer Ed Quinn. Vice President for Professionals John Marino was ill; President Smith reported on his behalf. Delegates took the following actions:
WHEREAS, the State University of New York was established as a system of campuses designed to provide the citizens of New York with affordable access to the full range of quality public higher education opportunities; and WHEREAS, UUP is the collective bargaining agent representing the academic and professional faculty of the State University of New York; and WHEREAS, the management at the University at Buffalo is promoting legislation (UB 2020) introduced by Assemblyman Schimminger and Senator Stachowski that includes provisions for differential tuition and that will negate existing labor agreements and lead to the privatization of the University at Buffalo; and WHEREAS, A/S UB 2020 will create a blueprint for other SUNY campuses to follow and could lead to the dismantling of SUNY as a system of public higher education; therefore, be it RESOLVED, that the UUP Winter Delegate Assembly go on record as vehemently opposing A/S 2020; and be it further, RESOLVED, that the Delegate Assembly directs the President of UUP to take all possible action to defeat this legislation; and be it further RESOLVED, that UUP ask its affiliates, including NYSUT and all labor unions in New York and the New York State AFL-CIO to join in a campaign to defeat this legislation and all similar proposals that may surface.
WHEREAS, the State University of NY has, for more than 15 years, suffered from severe underfunding, resulting in acute shortage of personnel in classrooms, libraries, dorms and student services generally; and WHEREAS, higher education is a labor intensive operation with a powerful economic multiplier impact on the community; and WHEREAS, SUNY personnel can be hired and replaced very rapidly, be it RESOLVED, that the President of the UUP shall appoint a committee of the Executive Board to draft a specific proposal and to work with analogous committees of the AFT to request substantial funding from the Obama Economic Stimulus Act to put newly hired personnel into classrooms, libraries, and student service operations within 12 months. This plan is to be submitted to the SUNY Board of Trustees and all appropriate affiliates and the NYS delegation of the House of Representatives and Senate of the United States of America. Be it further RESOLVED, that the plan be reported to the Spring 2009 DA, with a final report to the Fall 2009 DA.
WHEREAS, levels of taxation, under balance budget requirements, drive the ability of the state to fund services, while high income persons are most able to pay taxes; WHEREAS, state-supported services provide very many of the needs of the residents of New York State, and the incomes workers receive in providing these services sustain their families and their communities and improve the welfare and economic activity of the state; WHEREAS, more than one hundred economists in New York State on December 13, 2008 called for an increase in the taxation of high income earners as a significant aid to improving the state's economy and sustaining those in most need; WHEREAS, the press release of the Fiscal Policy Institute, dated August 5, 2008, reminds us that New York has the most unequal distribution of incomes among the fifty states, and that in no other state does the highest one percent (1%) of taxpayers receive so much more relative to the entire bottom half (50%) of taxpayers, i.e., 2.68 to 1; WHEREAS, the top income tax rate in New York has fallen from 15.375% in 1976 to 6.85% presently, and the top rate is achieved for those filing jointly with income levels merely passing $40,000; WHEREAS, the state budget crisis can be overcome through restoration of progressivity across the three major tax revenues -- sales, property and income -- and that income tax is the principle means of overcoming regressivity of taxation; WHEREAS, adding progressivity into the New York State income taxation – in which the tax income rate begins to rise from 8.375% at $200,000 incomes to 12.375% for incomes above $10 million -- would, together with the anticipated increase in federal disbursement to New York State, solve the budget imbalance starting with the upcoming fiscal year; and WHEREAS, a campaign centered around restoring progressivity to the New York State taxation would place UUP in a leadership position across the unionized work force, as well as with wide sectors of the New York State population, at a time when such consideration is more needed than ever; therefore be it RESOLVED, that UUP adopts a policy that restoring progressivity to New York State's taxation through increasing the income tax rate on the high-income earners is the most equitable and effective means of maintaining services for residents across the state and furthermore significantly aids stabilizing the economy; and be it further RESOLVED, that the President of UUP set up an urgent task force to place this policy before the people of New York, our representatives in the legislature, the Governor; and work with public- and private-sector unions, including our affiliates NYSUT, AFT, and the NYS AFL-CIO, toward the same objective; and be it further RESOLVED, that UUP adopts this policy as our top legislative priority; and be it further RESOLVED, that UUP request of other unions and our affiliates to their using part of their media budget toward the same policy.
WHEREAS, the rights of working people and unions have been significantly eroded during the last recent decades by a frequently unsympathetic NLRB and by the determined and unrelenting efforts of many employers to break the back of organizing efforts through firing, intimidation, and coerced attendance at anti-union meetings (New York Teacher, January 22, 2009); and WHEREAS, the situation is so dire that Human Rights Watch found in a 2000 study that “legal obstacles tilt the playing field so steeply against workers ... that the United States is in violation of international human rights standards for workers” [ New York Teacher January 22, 2009]; and WHEREAS, quoting Human Rights Watch, “Freedom of association is the bedrock workers' right under international law on which all other labor rights rest. In the workplace, freedom of association takes shape in the right of workers to organize to defend their interests in employment. ”Unfair Advantage: Workers' Freedom of Association in the United States under International Human Rights Standards [August 2000]; and WHEREAS, the Congress and the Administration of President Obama have now the opportunity to change this situation legislatively; therefore be it RESOLVED, that United University Professions (NYSUT, AFT, AFL-CIO #2190) urge the New York House and Senate Delegations to sponsor, support and vote for the Employee Free Choice Act.; and be it further RESOLVED, that the UUP President forward this resolution to each member of the New York House Delegation and to New York’s two United States Senators and to NYSUT and AFT.
WHEREAS, the Lilly Ledbetter Fair Pay Act, which gives workers the right to file an equal-pay lawsuit in a timely way, overturns the 2007 Supreme Court decision on Ledbetter v. Goodyear Tire and Rubber Co., a decision that unfairly limited the statute of limitations for filing to 180 days from the date a worker’s pay was originally agreed upon; therefore be it RESOLVED, that President Smith send the congratulations of United University Professions to Lilly Ledbetter, President Barack Obama, former Senator Clinton, and Senators Schumer and Gillibrand on their actions in passing the Lilly Ledbetter Fair Pay Act into law--legislation that champions the rights of workers to challenge unlawful pay discrimination and thereby provides fair and equal opportunity for success and security to all workers.
A Resolution Requesting Campus Race and Ethnicity Data. RESOLVED, that the President of UUP request each Chapter President to request Human Resources or other appropriate campus office to provide a listing of 08 members with race and ethnicity; and That a copy of such data be provided to the Secretary of UUP no later than 1 April 2009. A Resolution on Chapter Affirmative Action Committees’ Role in Chapter Data Verification. RESOLVED, that the President of UUP request each Chapter President to work with the Chapter Affirmative Action Committee to ask 08 bargaining unit members to self-identify as to race and ethnicity; and, be it further RESOLVED, the result of this process be forwarded to the UUP Secretary by the beginning of April 2009. A Resolution Recommending that SUNY Use US Census Data Classifications. WHEREAS, the Task Force on Pay Equity Based on Race has found problems identifying members by “race;” be it RESOLVED, that the President of UUP call upon SUNY System Administration to utilize the categories of the United States Census Bureau to keep all personnel records on the State and campus level; and, be it further RESOLVED, that the State and campus lists be reconciled on a regular basis.
RESOLVED, that the Part-time Concerns Committee recommends that part-time union members who are non-renewed are enabled to retain two-year memberships in some fashion to facilitate their return to employment.
A Resolution to Investigate Discrimination in Awarding Permanent and Continuing Appointment. RESOLVED, that United University Professions initiate a prompt and thorough investigation into possible gender, racial, ethnic, age or disability discrimination in awarding of both permanent appointment of professionals and continuing appointment of academics in the SUNY system ; and be it further RESOLVED, that the Executive Board report back at the Spring Delegate Assembly on how this will be facilitated. A Resolution in Support of Passage of Article 20 – D of the NYS Labor Law. WHEREAS, an abusive work environment -- workplace bullying, abuse, and harassment -- is experienced by between 16% and 21% of workers (including workers at the State University of New York), four times more frequently than sexual harassment, and very often results in harm to workers’ physical and psychological health as well as their productivity; and WHEREAS, legal protection from abusive work environments are inadequate and often limited to individuals with protected class status; and WHEREAS, the passage of proposed Article 20-D to the New York State Labor Law would provide legal redress (“civil cause of action”) to workers who experience an abusive work environment; therefore be it RESOLVED, that President Smith write Assemblyman Englebright and members of the Labor Committee, offering the support of UUP for this bill; and be it further RESOLVED, that President Smith contact NYSUT and AFT to discuss 1) strategies which these organizations can use to ensure the passage of this bill and 2) other strategies to remedy this growing, prevalent, and serious workplace problem.
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 nad 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.
WHEREAS, UUP is an inclusive organization representing diverse members; and WHEREAS, UUP recognizes and has a responsibility to accommodate the needs of all our members; therefore be it RESOLVED, that UUP provide accessible ballots in the Spring 2009 and all future elections; and be it further RESOLVED, that all election ballots be printed in a font for low vision in a minimum size 12 using APHont or Tahoma; and be it further RESOLVED, if UUP receives request for accommodations it make every effort to make the request accommodated.
WHEREAS, UUP has a long standing interest in fairness and equity for all its members; and WHEREAS, our brothers and sisters in the Gay, Lesbian, ,Bisexual, Transgendered, Queer and Questioning community as well as our students and family members suffer from economic and benefit discrimination from myriad federal, state and local policies and cultural attitudes; and WHEREAS, the Empire State Pride Agenda as well as Pride in our Union have three measures before the current session of the legislature; therefore be it RESOLVED, that United University Professions endorses the following bills currently in the NYS Legislature: Assembly bill A.8590/Senate bill S.5884 Marriage and Same Sex Couples in New York; Assembly bill A. 3496/Senate Bill1571 Dignity for All Students Act and Assembly Bill A/6584/Senate Bill3753 Gender Expression Non-Discrimination Act; and be it further RESOLVED, that UUP will actively advocate at the local and state level for the passage of these bills, honoring our colleagues and families and in the spirit of solidarity for all members; and be it further RESOLVED, that the President of UUP communicate this resolution to the Empire State Pride Agenda, the NYS AFL-CIO, Pride at Work and to the Officers of New York State United Teachers.
WHEREAS, the Veterans Affairs committee has identified that UUP members employee’s benefit’s rights when leaving and returning from military guard or reserve service are not uniformly applied according to USERRA (Uniformed Service Employment and Reemployment Rights Act); and WHEREAS, currently these UUP military members’ employee benefits are interpreted differently by Human Resources and supervisors affecting their accrued time, promotions, salary increases, and permanent/tenure appointment tracts; and WHEREAS, the Veterans Affairs Committee has identified that NYSUT applies the USERRA mandates in a more uniform manner; therefore be it RESOLVED, that UUP research and create along with guidance from NYSUT, an informational document to educate Human Resource personnel, UUP chapter and state officers on these rights and regulations so they can be disseminated and applied in an accurate and uniform manner.
WHEREAS, small farmers struggle to earn a living wage, to raise a family and to maintain their farms; and WHEREAS, Fair Trade certification is a market-based model of international trade that benefits more than one million farmers and farm workers; and WHEREAS, Fair Trade empowers farmers and farm workers to lift themselves out of poverty by developing business skills, guaranteeing minimum floor prices and social premiums; and WHEREAS, Fair Trade enables producers to invest in their farms and communities and to protect the environment; and WHEREAS, Fair Trade principles include: fair prices, fair labor conditions (no forced or child labor), direct trade, democratic and transparent organizations, community development, and environmental sustainability; therefore be it RESOLVED, that UUP encourages the use of Fair Trade products by its members, at its events and in its office spaces; and be it further RESOLVED, that UUP and its members encourage the SUNY campuses to contract food services which use Fair Trade products.
The 2009 Winter DA adjourned at 2:30 p.m., Saturday, January 31, 2009. |
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