The Council of the Association met November 21–22, 2009, at the AAUP’s national office in Washington, D.C. President Cary Nelson presided. Members of Council (with the exceptions of Marc Bousquet, Carl Cuttita, and Cecilia Konchar-Farr) attended. Also attending were general counsel Martha West, general secretary Gary Rhoades, and other national office staff. Reports were presented by secretary-treasurer Howard Bunsis, Rhoades, and other members of the AAUP staff.*
President Nelson called the meeting to order at 9:00 AM on November 21. He introduced the new Council members in attendance: Susan Moeller, Eastern Michigan University (District III); Craig Vasey, University of Mary Washington (District IV); Donald R. Wagner, University of West Georgia (District V); Jennifer Larson, Kent State University (District VI); Joan Chrisler, Connecticut College (District IX); and Gerald Turkel, University of Delaware (District X).
Call to order
The Council approved the minutes of its June 2009 meeting.
Dues Proposal
Associate secretary John Curtis distributed a memorandum and Council passed the following motion, offered by Irene Mulvey: “The Council supports, in principle, the ‘Proposal: AAUP National Dues for Advocacy Members,’ and instructs the Executive Committee to consider minor adjustments to the figures in order to make the projected revenue more ‘revenue-neutral’ at the organizational level.”
Committee A on Academic Freedom, Tenure, and Governance
Associate secretary Gregory F. Scholtz, staff to Committee A on Academic Freedom, Tenure, and Governance, reviewed several actions taken by the committee at its November 6–7 meeting.
The committee approved two changes to the text of the new RIR 14 and recommended that Council adopt the changes as AAUP policy. The first change was to footnote 2 so that the quoted sentence now reads, “participation in a strike or other work action does not by itself constitute grounds for dismissal or nonreappointment or for imposing other sanctions against faculty members.” The source of the quotation, the Association’s Statement on Collective Bargaining, would similarly be changed. A second change to the text was made in the penultimate sentence in section c, which now reads, “Adequate cause for a dismissal will be related, directly and substantially, to the fitness of the graduate student employee in his or her professional capacity regarding teaching, research, or other academic duties.” Council approved both changes.
Tulane University: Removal of Censure
The 2009 Annual Meeting delegated authority to the committee to act on the censure of Tulane University. The committee agreed that the administration has provided a suitable response regarding the use of censure removal in any litigation, and it accordingly approved the removal of Tulane University from the Association’s list of censured administrations.
“Statement of Principle: Free Expression at Risk, at Yale and Elsewhere”
The committee endorsed this statement, which Cary Nelson and Joan Bertin, executive director of the National Coalition Against Censorship, prepared.
Statement to the American Bar Association on “Security of Position”
Committee A member Matthew Finkin composed a statement in response to the March 10, 2009, report on legal accreditation standards by a committee of the ABA’s Section on Legal Education and Admissions to the Bar. Committee A endorsed the statement, to which Finkin will make modest revisions before it is submitted.
Resolution in Honor of Lawrence S. Poston
The committee approved a resolution expressing gratitude for the service of long-time committee member, Larry Poston, who recently resigned his committee consultancy while agreeing to continue to participate in the committee’s work without attending meetings.
“Conversion of Appointments to the Tenure Track”
The committee, led by Nelson and associate secretary Gwendolyn Bradley, discussed “Conversion of Appointments to the Tenure Track,” a draft report authored by the Committee on Contingent Faculty and the Profession, which will appear in the November–December issue of Academe, and online, for comment.
Subcommittee Report on Dependent Care Subsidy
Elizabeth Hoffman and Candace Kant, members of the Subcommittee on Dependent Care, reviewed their memorandum to Council. The committee’s charge following the June Council meeting, as conveyed by general secretary Gary Rhoades, was as follows:
To explore and price a range of options regarding child care and elder care for members of the Council, with the aim of and plan for implementing provision of child and elder care during the days of Council/annual meetings, and/or reimbursement for such. As part of this charge, the subcommittee will also cost out the projected expenses attached to such provision given current Council membership as well as given different proportions of Council members submitting for reimbursement. In addition, the subcommittee will develop estimates of costs that would attach to extending such provision to leaders at other meetings during the year, as well as to staff, though the latter would certainly be an issue to be negotiated at the table. Any proposed provision should be made in the context of and taking into account the overall finances of the Association.
The subcommittee, which also includes Cecilia Konchar-Farr and Donna Potts and which is staffed by associate secretary Gwendolyn Bradley, gathered relevant policies of other organizations where such could be found and conducted a brief survey of leadership bodies in order to determine level of interest and probable usage. Based on its discussions, the subcommittee recommended that Council approve the policy presented in the subcommittee’s report. Following discussion, Council did so.
Discussion of Proposed Changes to Personnel Policies & Procedures Handbook
General counsel Martha S. West led a discussion of proposed revisions to the handbook of personnel policies that govern national AAUP staff. Pursuant to the Staff Union Collective Bargaining Agreement, a committee was formed and tasked with revising and updating the handbook. Committee members are West and, from the national staff, assistant director for media relations and web manager Robin Burns, associate secretary Robert Kreiser, senior counsel Rachel Levinson, and associate secretary Anita Levy.
Council approved the following motion after discussion: “Council hereby approves the proposed 2009 revisions to the Personnel Policies and Procedures. In addition, in light of the upcoming renegotiation of the AAUP Staff Union contract, Council hereby delegates to the Executive Committee the authority to make any additional revisions to the handbook that are deemed necessary as the result of collective bargaining. Finally, Council hereby delegates to the Executive Committee the authority to revise the Retirement Plan provision as necessary when the Association’s 401(k) retirement plan is chosen.”
Report of the Secretary-Treasurer
Secretary–treasurer Howard Bunsis reviewed the 2009 financials and presented the 2010 proposed budget.
Status of Membership Software Implementation
An update was provided on the current situation in implementing the ACGI software, including how it will be financed, following up on a presentation by associate secretary Katherine Isaac at the August 2009 Executive Committee retreat.
Changes to Retirement Plan for AAUP Employees
Gary Rhoades and Laura Kumin, counsel and restructuring project manager, informed Council that the Association’s planned restructuring will necessitate a change in the retirement plan for its employees. As a 501(c)(3) public charity, the Association sponsors a 403(b) retirement plan; as a 501(c)(6) professional association, the arm of the AAUP employing staff after restructuring may only sponsor a 401(k) retirement plan, which all nonprofits may offer their employees. Therefore, in order to continue offering a retirement plan to employees, the AAUP will have to switch from a 403(b) plan to a 401(k) plan.
The Council approved the following resolution, which the Executive Committee had endorsed at its meeting on Friday, November 20:
WHEREAS, AAUP now has a §403(b) retirement plan that it will not be able to continue after restructuring, and
WHEREAS, AAUP could provide a §401(k) plan retirement plan to its employees now, as well as after restructuring, and
WHEREAS, Council, as the governing body of the AAUP, does intend to continue to provide a retirement plan to AAUP employees (without obligation to maintain such a plan for any given period of time and reserving for itself the same rights to amend or terminate as have existed under the current §403(b) retirement plan), and has determined that it prefers to terminate that plan if termination is practicable, and
WHEREAS, Council has determined that the transition from a §403(b) plan to a §401(k) plan should occur earlier than the implementation of restructuring, which will necessitate that the Executive Committee take actions on these matters pursuant to Article IV, Section 5 of the AAUP Constitution between meetings of the Council,
NOW THEREFORE,
Council hereby delegates to the Executive Committee all such powers as are necessary, and authorizes the Executive Committee to take such actions as are necessary, including but not limited to, amendment of the existing §403(b) retirement plan, to close down that plan, preferably by terminating it, and if that is not practicable, then by freezing the plan.
Council further hereby delegates to the Executive Committee all such powers as are necessary, and authorizes the Executive Committee to take such actions as are necessary, to open an AAUP §401(k) plan on such terms as the General Secretary determines to be reasonable and recommends to the Executive Committee, subject to the Executive Committee’s agreement to those terms
Report on Organizing
Howard Bunsis, in his position as chair of the Collective Bargaining Congress, and Michael Mauer, director of the department of organizing and services, addressed organizing efforts underway at several campuses. Gary Rhoades shared the welcome news that the faculty of the University of Connecticut Health Center on November 17 and 18 voted that the AAUP will be the collective bargaining agent of the research scientists, dentists, and physicians in the health center.
Rhoades provided an update on activities at Bowling Green State University in Ohio, where the Association is in the midst of an intense card campaign.
Stephen Aby, Council member from the University of Akron, said that optional DNA testing for new hires, which the administration wanted to impose at its discretion, has been rescinded by the administration. Aby noted that the faculty’s current contract expires in December 2009.
Jacqueline Arante told the group that Portland State University ratified a contract in October 2009. Robert Comeau addressed Union County College’s faculty’s success in negotiating raises of 4.65 percent annually for the next three years.
Discussion of 2010 Academic Freedom Conference and 96th Annual Meeting
Martin Snyder, director of the department of external relations, addressed the reorganization that will occur with the 2010 Annual Meeting. Following the success in June 2009 of the Association’s first Annual Conference on the State of Higher Education, which ran three days, the conference will be expanded in 2010. Nearly 400 presenters are expected to speak at sessions held Wednesday, June 9 to Saturday, June 14, which will run concurrently with Association business meetings.
Results of September 2009 Membership Survey
Martin Snyder reviewed results from the 2009 membership survey and responded to questions from the Council about the findings and about possible work to do based on the survey. One suggestion spoke to the importance of getting back to members with the findings, to indicate that we are using the data to inform our work
Election Appeals Committee
Associate secretary John Curtis coordinated the election of the Election Appeals Committee. Flo Hatcher, Jennifer Larson, and Saranna Thornton, with Judith Johnston as the alternate, agreed to serve as the 2009 Election Appeals Committee. A motion endorsing the nominations passed.
Approval of 2010 Budget Proposal
The proposed 2010 budget was approved.
Member Benefits Program
Martin Snyder and Laura Kumin reviewed their memorandum to Council about the expansion of the Association’s Member Benefits program. The Association’s current program consists primarily of insurance offerings and financial services. Through a program with Marsh & McLennan, AAUP offers its members professional and chapter liability insurance, accidental death and dismemberment, life, long-term care, and several types of health insurance. It offers members auto, home, condominium, and renter’s insurance through a program with Liberty Mutual and offers financial services, including an AAUP-branded credit card and CDs, through an arrangement with Bank of America. The Association has also offered a discounted subscription to the Chronicle of Higher Education.
The responses to the member survey indicate that members do value benefits and are interested in having AAUP expand the program to include new types of benefits. At the same time, relatively few members take advantage of the benefits currently offered and generally do not know much about the existing program. Council decided not to devote additional staff time to development of a member benefits program.
Discussion of Proposed Changes to the Association’s Travel Policy
Chief financial officer Tess Esposito and senior counsel Rachel Levinson, with the assistance of other staff, recently reviewed the Association’s travel policy, which was last updated in 2004, and presented to Council a revised policy for its review and approval.
During discussion, second vice president Estelle Gellman suggested changes to the first paragraph in the “Meal Allowances” section of the policy. The change was approved 16–13.
That paragraph now reads:
“Travelers should normally limit the cost of meals to no more than $80.00 per day, including tips and alcoholic beverages. The General Secretary or Chief Financial Officer will make final determinations regarding requests for reimbursement of over $80.00 per day.”
The subsequent paragraph detailing reimbursement for the purchase of alcoholic beverages was removed from the policy.
Council approved the revised travel policy, to take effect at the close of the Council meeting.
Report from the General Secretary
Rhoades reported to Council on how far the Association has come and where it is headed.
New Business
Patricia Bentley asked for an update on the search for a government relations associate. John Curtis identified the other members of the search committee: Brian Turner, chair of the Committee on Government Relations; Judith Johnston, chair of the ASC; and associate secretary Greg Scholtz. The committee received more than 310 applications for the position; three candidates will participate in upcoming interviews at the national office, with two additional candidates under consideration.
Charles Parrish asked about the status of the search for a senior program officer in the department of organizing and services. The position is a one-year special appointment, half-funded by the Collective Bargaining Congress. Michael Mauer indicated that Kira Schuman has been hired for the position. She will start on January 1, 2010. Mauer distributed copies of her resume to Council.
With no further business, the Council adjourned.
* At its November 2010 meeting, Council voted to amend the November 2009 Record of the Council and include the following unanimously passed motion that was not in the document when it was originally published: "E-mail addresses shall be made available to conference presidents and executive directors, with the provision that they agree to use them only for conference business, not to share them and not to use them on behalf of any candidate for election." Back to text