What’s New
Portland State University disagrees with an independent arbitrator’s decision ordering it to reinstate 10 nontenure-track faculty members who were laid off in June, according to a letter from the university’s legal counsel to the faculty union.
The university argues that the order to reinstate faculty members exceeds the scope of the arbitrator’s authority as agreed to by both parties, “which provides that an arbitrator does not have authority to reappoint a bargaining unit member,” according to the letter. Given that, Portland State believes “it is not obligated to reinstate,” the letter says.
The faculty union says that, to the contrary, the arbitrator’s decision to reinstate faculty members does not amount to reappointing them.
The Details
An independent arbitrator, Dorothy C. Foley, ruled last month that Portland State had violated faculty members’ collective-bargaining agreement. She ordered the university to reinstate the faculty members and provide back pay for lost wages and benefits.
“We feel confident our contract allows reinstatement,” said Bill Knight, an associate professor of English and president of the local chapter of the American Association of University Professors, the union representing faculty members. “It’s an ordinary part of being made whole.”
He said the union is working with its counsel to appeal to the arbitrator and, if necessary, will take further legal action through the state employment-relations board.
Despite disagreeing with the arbitrator’s interpretation of the collective-bargaining agreement, Portland State University has decided not to challenge the underlying decision, said Christina Williams, a spokesperson for the university. However, she said, “we have a duty to protect the long-term interests of the university by protecting critical university rights” contained in the collective-bargaining agreement.
Although, like the union, the university could take its disagreement over interpretation to the state labor board or back to arbitration, perhaps with a different arbitrator, “according to the contract agreed to and signed by both sides, this is the final and binding impartial resolution,” Gordon Lafer, co-director of the Labor Education and Research Center at the University of Oregon, wrote in an email.
“It seems like the employer is trying to force faculty to give up some of their legal rights by refusing to implement the arbitrator’s award,” Lafer wrote. “At some point people may have to move on with their lives and get new jobs elsewhere.”
The Backdrop
Portland State University laid off 17 nontenure-track faculty members in June, citing changing curricular needs; 10 of the 17 faculty members challenged the layoffs. But Foley found that the layoffs appeared to be the result of budgetary concerns, rather than curricular needs; according to the union contract, budgetary reasons would have required a more-involved layoff process, including more input from faculty members.
Nontenure-track faculty members at Portland State have continuous appointments and can be terminated only for a few reasons specified in the contract.
Like many universities, Portland State is struggling with financial woes resulting from shrinking enrollment and increasing operational costs, including a $10-million shortfall in the current academic year.
What to Watch For
Foley said in her November 6 decision that she will retain jurisdiction for 90 days, so expect to see new developments before then.
