Part A: Labor Case Study: Umass Amherst BACKGROUND Collective bargaining rights for public employees were significantly enhanced by passage of Massachusetts General Law (MGL) in 1973, which granted full collective bargaining rights to most state and municipal employees. The law gave most public employees at the state, county and municipal levels the right to form, join or participate in unions; to bargain collectively over terms and conditions of employment; to engage in other concerted activities for mutual aid and protection; and to refrain from participating in any or all of those activities (Commonwealth of Massachusetts, 2010). After this law passed, union representation grew significantly among various occupational groups on the university campus. The University Staff Association began representing nonexempt administrative, clerical and technical employees (University Staff Association, 2010). The American Federation of State, County and Municipal Employees (AFSCME) union represented the skilled trades, grounds, custodial, housing and food services employees (AFSCME Local 1776, 2010). In 1976, full-time and part-time faculty and librarians voted to be represented by the Massachusetts Society of Professors (Society of Professors, 2010). That same year, the International Brotherhood of Police Officers began to represent UMass Amherst campus police. Later, the Professional Staff Union organized the exempt and nonexempt staff into two bargaining units. The exempt staff unit included academic coordinators, registrars, assistant deans of students and other exempt staff positions, and the nonexempt staff unit included the custodial area supervisor, head baker, snack bar manager and a variety of other nonexempt supervisory employees. In 1991, the university recognized the Graduate Employee Organization (GEO), an affiliate of the United Auto Workers (UAW) Local 2322, as the collective bargaining representative for a variety of graduate student positions, including teaching assistants, research assistants and ARDs. In 2002, GEO represented about 2,500 graduate student employees (Board of Trustees, 2002). UMass Amherst now had a workforce that was predominantly unionized and a climate where unionization and collective bargaining were common aspects of university life. Lisa Giddons, a student development specialist whose job involved hiring and training RAs, described the climate for union organizing on campus this way: “I think that UMass in general has been pretty supportive of unions. A lot of institutions don’t have union faculty or union staff. Not many have graduate student unions either. When you have an environment that’s pretty supportive, you’re more likely to try to improve your conditions [through union representation], improve your standing” (Martignetti, 2001). THE CASE The outcome of the March 2002 election on the UMass Amherst campus was historic as Undergraduate students elected to form the first undergraduate student/ employee union in the country. To many union supporters the election was a means to advance the employment interests of undergraduate RAs at UMass Amherst. Between 2000 and 2002, Housing Services provided on-campus housing to more than 11,000 students. Residence Life, a department within Housing Services, had responsibility for all aspects of the student’s experience in the residence halls. There were 41 residence halls grouped into four residential areas supervised by area directors (ADs). The residence halls were divided further into 23 clusters with resident directors (RDs) supervising the staff and office operations. There also were 32 graduate student assistant resident directors (ARDs) who reported to and assisted the RDs and co-supervised RAs (Board of Trustees, 2002). 1. RAs are undergraduate students who live on a floor in a residence hall for a minimum of two semesters. The major responsibilities and duties of RAs can be broken into eight areas: Community building: Developing community through discussions of floor living guidelines and the code of student conduct; documenting violations of the code; integrating new students; conducting meetings; serving as a role model. 2. 3. 4. 5. 6. 7. 8. Resource and referral agent: Communicating information about the university, dormitory events and regulations. Crisis intervention: Responding to crisis situations and following protocols. Administrative duties: Assisting in opening and closing the residence hall; assisting with student check-in and check-out processes. Staff meetings and coverage: Attending staff, ARD/RD meetings; adhering to night, weekend and on-call coverage schedules. Training: Participating in required training programs. Performance appraisals: Attending bi-monthly, mid-year and end-of-year evaluation meetings with ARDs and/or RDs. General: Being conscientious regarding availability; adhering to substance abuse and alcohol policies RAs were required to arrive on campus several days before the beginning of the fall and spring semesters for mandatory training and building preparation. The position required about a 20-hour-per-week time commitment. RAs’ compensation in 2001-2002 included a stipend of $1,710 for the academic year, a waiver of the double-room residence hall fee and a waiver of telecom and Wellness Center fees. Federal and state income taxes were deducted from their weekly paychecks. RDs maintained personnel files for RAs and were considered their direct supervisors. RDs and ARDs often met with RAs to review performance. RAs who violated disciplinary guidelines were subject to a progressive disciplinary procedure In the 2000-2001 academic year, 15 RAs were either terminated, suspended or not rehired due to infractions ranging from excessive absence from required meetings, serving alcohol to minors, illegal use of alcohol and drugs, and theft. For Part A of the Labor Case Study please answer the following questions 1. Would you consider the RA position to be a job? 2. Are RAs are employees of the university, or are they students? 3. Do you think they have the right to form a union based on what you have read in chapter 11 and the background information presented above? THIS is opinion piece only, you do not have to reference!
Purchase answer to see full attachment