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It is not clear to me why Prof. Gier raised my name in his diatribe about
tenure. The only position I was arguing was the "right to
work". Perhaps he felt the need to remind everyone about the
contributions he has made to assist folks at UI that have had a
difficulty with their position. Over the years, he has involved
himself in many labor questions. For that I know many are
grateful.<br><br>
Since Prof. Gier has raised the tenure issue, readers might be interested
in the definition of tenure at UI.<br><br>
Here it is (emphasis added):<br><br>
<br>
<b><i><a name="A. DEFINITION OF TENURE."></a>A. DEFINITION OF TENURE.
</b>Tenure is a condition of presumed continuing employment that is
accorded a faculty member by the regents, usually after a probationary
period, on the basis of an evaluation and affirmative recommendation by a
faculty committee with concurrence by the faculty members departmental
administrator and college dean and by the president. Tenure is granted
only when there is a reasonable assurance based on performance, that the
faculty member will continue to meet the standards for tenure. After
tenure has been awarded, <font color="#FF0000">the faculty members
service can be terminated only for adequate cause, the burden of proof
resting with UI [see
<a href="http://www.webs.uidaho.edu/fsh/3910.html">3910</a>], except
under conditions of financial exigency as declared by the board [see
<a href="http://www.webs.uidaho.edu/fsh/3970.html">3970</a>], in
situations where extreme shifts of enrollment have eliminated the
justification for a position, or where the board has authorized the
elimination of, or a substantial reduction in, an academic
program.</font> [ed. 7-98]<br>
<br><br>
<b><a name="B. PURPOSE OF TENURE."></a>B. PURPOSE OF
TENURE.</b><a name="B. PURPOSE OF TENURE."></a>
<font color="#FF0000">Tenure has as its fundamental purpose the
protection of academic freedom in order to maintain a free and open
intellectual atmosphere</font>. The justification lies in the character
of scholarly activity, which requires protection from improper influences
from either outside or inside the university. A tenure policy strengthens
the capability of a university to attract and retain superior teachers
and scholars as members of the faculty. UIs tenure policy improves the
quality of the faculty by requiring that each faculty members
performance be carefully scrutinized before tenure is granted and
periodically thereafter [see
<a href="http://www.webs.uidaho.edu/fsh/3320.html#C. P">3320 C</a>]. [ed.
7-98] <br><br>
</i>As you astute readers will note, the purpose of tenure is to protect
academic freedom, not provide position security. You cannot be
dismissed simply for engaging in research or espousing views that might
be contrary to the accepted paradigms or norms. <br><br>
Of course, note that faculty members can be terminated for "adequate
cause". As I looked through the list of
"accomplishments" by the AFT, I note that each and every one of
the cases involved the process or protocol used to support the
"termination". It does not appear that "breach of
tenure" was challenged in any of those cases. As a matter of
fact, as I recall my 20+ years of service at UI, the only case where
tenure was at the center of a faculty termination threat involved a
renowned economics professor whose research and conclusions about farm
subsidies (sugar beets, as I recall) were challenged by a group of
disgruntled farmers who suggested in the strongest terms that that
particular professor be discharged. My recollection is that
President Gibb nixed that action quickly. I don't recall that Prof
Gier or AFT took any particular stand on that case - they may have, but I
don't recall it. Also, I did not see it on the list. Perhaps
Prof. Gier has a comment on that. <br><br>
In any case, Prof. Gier, I am struggling to find the thread that connects
my post on "right to work" and your post.<br><br>
In the meantime, thanks for all your help in assisting those whose
employment status was interrupted by application of a flawed or
manipulated termination process.<br><br>
Oh, not to denigrate your comment about the $2,000,000 paid by Idaho to
settle faculty employment cases (but that would barely cover one years'
interest on the $26 million lost on University Place). No specific agenda
in citing this other than to place it in some kind of context.
<br><br>
At 03:02 PM 1/28/2006, nickgier@adelphia.net wrote:<br>
<blockquote type=cite class=cite cite="">Greetings:<br><br>
Some many debates, so little time! I working on an answer to Ted
Moffett on abortion, but I want to weigh in on job security and
right-to-work.<br><br>
First, I want to ask Jeff Harkins and Jack Wenders if they enjoyed having
academic tenure in the their UI jobs. If they did, I'm smelling
some hypocrisy here. Why didn't they refuse the security of tenure
if they believe in a "fire at will" employment
philosophy? Wenders is retired, but it's not too late, Jeff, to
voluntarily relinquish yours and take your chances with a year-to-year
contract. I know for sure that I would have been fired by President
Richard Gibb in the early 80s if it had not been for the legal
protections of tenure.<br>
<br>
I've handled more grievances in Idaho higher education that any person in
Idaho history. I've appended a list of the cases below, but let me
just give you some highlights. Tom Hale, AFT (faculty union)
president at ISU and a tenured professor of history, was fired in 1980.
With $25,000 in legal aid from the union, Hale filed suit and then won
the largest first amendment settlement ($100,000) in Idaho legal history.
<br><br>
Then there was the Lois Pace case that took most of the middle 80s to
settle. The ag. dean declared financial exigency and fired 17
faculty (11 tenured), but then turned around in his next budget and added
$100,000 new computer equipment. A judge ruled against the dean's
phony emergency and the settlement for Pace and seven other faculty
members came to $1 million. AFT provided 90 percent of the legal
aid and we got it all back in the settlement.<br><br>
Were these people happy to have a faculty union? You bet your
booties, they were!<br><br>
Recently we won a $94,000 settlement for two tenured NIC faculty members
who were fired presumably because of low enrollment. It turned out
that their program had graduated more students except for the NIC nursing
school. The NIC administration didn't really know what tenure was
and our attorney ran circles around them.<br><br>
I've made a rough calculation of what the State of Idaho has paid for our
settlements and it comes to about $2 million, money that could have been
better used for keeping student fees lower and raising faculty
salaries. Can our administers be as immoral as Wal-Mart, which is
willing to hire more attorneys rather than improve working
conditions?<br><br>
We were prepared to file suit for art professor Glenn Grishkoff, but
right at the last minute the Idaho Supreme Court ruled that an employer
has the right to fire an employee even if the boss has given completely
arbitrary reasons. Let me tell you that Glenn's dean's reasons were
pretty irrational.<br><br>
Way to go Idaho! We have some of the lowest wages in the U.S. but,
by God, our workers have the right to them and their lousy working
conditiions. And we won't allow those union goons to collect dues
to pay for the expenses of representing all the workers at the bargaining
table. <br><br>
And what about all the non-union workers who get a free ride because of a
union contract down the street or even across the state, as Pat Kraut
admitted in her post about working for GTE? What parasitical
ingrates they are! Non-unionized faculty at Montate State get the
same salaries raises as the Missoula professors represented by the
AFT. Life is just not fair, is it?<br><br>
It doesn't seem to matter that all Idaho potato growers have to pay a fee
to the Potato Commission or they are literally out of business. (I
believe that holds true for all commodities in Idaho.) Bill Hall of the
Lewiston Tribune once called this "Compulsory Potatoism," as a
parallel (not an analogy) to "Compulsory Unionism."<br><br>
Well, I could go on and on, but I think I've made my point.<br><br>
Yours for a free, safe, and secure workplace,<br><br>
Nick Gier, President, Idaho Federation of Teachers, AFL-CIO<br><br>
THE AFT IN IDAHO: 1974-2006<br>
32 YEARS OF ACHIEVEMENTS<br>
<br>
UI Federation, LCSC Federation, BSU Federation, CSI Federation, ISU
Federation, NIC Federation<br><br>
1974 The ISU administration fired Rufus Lyman, a tenured biology
professor. Lyman filed suit and was reinstated by a federal
judge. The ACLU provided attorneys and the AFT paid all court
costs. <br><br>
1975 The AFT launched a campaign for collective bar-gaining legislation
and won a majority vote (2-1 at UI) on the four campuses in support of
such legislation. A higher education bargaining bill, written and
introduced by the AFT, lost on a tie vote in the Senate HEW Committee.
<br><br>
1976 Larry Quinn, LCSC history professor and local AFT vice-president,
was denied tenure. The SBOE refused to hear an appeal, so Quinn
filed suit, receiving $2,500 in legal aid from the national AFT. In
an out-of-court settlement, Quinn was reinstated at CSI with a $5,000
settlement.<br><br>
1977 The UI Federation began work on an open files policy, which was
finally passed by the UI faculty in 1980 and is now state for all
institutions. This policy prevents the establishment of secret
personnel files and allows facul-ty members to remove adverse documents
from their files. <br><br>
1979 UI biology professor Homer Ferguson's rights were violated in a
tenure review hearing. The national AFT committed $12,000 to the
case and Ferguson eventually won an out-of-court settlement of an
unspecified amount. This case proved crucial in ultimately
mitigating the adverse effects of automatic tenure review
policies.<br><br>
1980 UI law professor Lee Eckhardt entered the Ferguson case, claiming
that the five-year competency reviews undermined tenure. The AFT
and AAUP sponsored a statewide tour for Eckhardt who spoke on "The
End of Tenure." UI President Gibb unsuccessfully attempted to
get a court injunction to stop the tour, and the AFT charged Gibb with
gross violation of Eckhardt's academic freedom.<br><br>
1980 After years of hard work by the AFT, the Ul faculty voted 99-51 in
favor of giving full due process to nontenured faculty. The Board
continues to deny this faculty mandate even though several of its past
members admitted that refusing to give reasons is immoral.<br><br>
1981 Tom Hale, ISU history professor and local AFT president, was fired
by the ISU administration. With $25,000 in legal aid from local,
state, and national sources, Hale filed suit and then won the largest
first amendment settlement ($100,000) in Idaho legal history. <br><br>
1981 The Board declared financial exigency in Ag Research and Extension
and 17 faculty members, 11 of them tenured, appeared on a lay-off
list. Extension professor Lois Pace request legal aid from the
AFT.<br><br>
1982 Lois Pace filed suit against the SBOE because of her dismissal under
the financial exigency of 1981. More than $40,000, 90 percent from AFT
sources, was raised for Pace's legal fees. In 1984 she won her case
in district court.<br><br>
1982 Penny Schoonover, BSU German professor, was dismissed under the
financial exigency of 1982. The AFT helped with legal expenses but
Schoonover's appeal to the SBOE was denied. <br><br>
1983 AFT initiated a revision of the UI faculty appeals procedures after
protesting a series of presidential vetoes of appeal board
decisions. AFT action on this matter has virtually eliminated this
specific administrative abuse.<br><br>
1983 Primarily as a result of the Ferguson case, the SBOE revised tenure
review policies such that the five-year tenure reviews are no longer
automatic. <br><br>
1984 Lois Pace won her suit, but an appeal to the Idaho Supreme Court
held up any settlement. Seven other UI faculty members laid off in
1981 filed suit in the wake of the Pace victory. The AAUP led an
investigation of the Pace case and placed the UI on its list of censured
institutions. <br><br>
1985 After receiving almost monthly statewide complaints from ag faculty,
UI Federation agreed to hold a no-confidence vote for Dean Ray
Miller. With 65 percent of the ag faculty voting, 55 percent voted
to remove Miller from office. Within a year Miller left the UI.
Later the UI Federation was asked to help in removing him as dean at the
University of Maryland.<br><br>
1986 The Idaho Supreme Court ruled there were other alternatives to
laying off tenured professors to alleviate the 1981 financial
exigency. By the end of the year the SBOE settled with Lois Pace,
who received $40,000 cash, $45,540 in legal fees, and $2,000 a month for
life.<br><br>
1986-88 Settlements were negotiated in each of the seven other cases from
the 1981 financial exigency. The total amount (including Pace) came
to over $1 million. <br><br>
1989 The AFT actively promoted the candidacy of Elisabeth Zinser as
Richard Gibb's successor. Before assuming office, Zinser negotiated
UI's removal from the AAUP censure list. <br><br>
1990 Pat Lewis, an ISU nursing professor, requested legal aid for her
grievance in the Department of Nursing. She received $1,500 from
the IFT Defense Fund. <br><br>
1991 After a ten-year struggle Igor Mazur, a UI physics lab technician
laid off during the 1982 financial exigency, won a settlement from the
SBOE. Mazur received legal aid from the Lois Pace Defense Fund, the
local, state, and national AFT. <br><br>
1992 After years of AFT lobbying, President Zinser finally appointed
David Walker as the UI's first ombudsman.<br><br>
1993-94 Even with the ombudsman in place faculty grievances handled by
the UI Federation hit a record during this academic year. The
Federation's grievance committee handled six cases and nearly $10,000 was
disbursed from local and state legal aid funds.<br><br>
1995 Since 1990 the UI Federation has published the salaries of the
higher administration. It noted that by 1995 administrative pay
raises had outpaced the faculty by 4.84 percent. For the 1995-96
year the higher administration received an average 2 percent raise, while
the faculty averaged over 5 percent. The AFT can certainly take some
credit for the administration's attempt to close the gap. The
administration also increased the promotion increments substantially (now
$6,000 for promotion to associate and $8,500 for full) in order to
address salary compression. Similar promotion increments are now in place
at BSU and ISU.<br><br>
1996 The UI Federation handled four grievances during the 1995-96
academic year, three involving the denial of tenure. One case was
resolved in favor of the faculty member--the first reversal of tenure
denial in AFT's twenty year effort to get due process for nontenured
faculty. <br><br>
1997 Norma Sadler, BSU education professor, won a pay equity suit with a
settlement of $157,500. The national AFT and IFT combined forces to
grant her $15,000 in legal aid.<br><br>
1998 After twenty years of struggle Richard Neher of the UI music
department won a settlement with the UI administration. Neher
counted on AFT moral and financial support during this ordeal.<br><br>
1999 An AFT attorney filed suit against the UI administration on behalf
of Beth Palmer, former faculty member in geology. Unfortunately her
case was lost in district court. <br><br>
2001 A tenure review vote went against UI Interior Design professor Steve
Thurston. The AFT decided to support Thurston on the basis of
flawed procedure and administrative harassment. The AFT offered
moral and legal support and the dean backed off. <br><br>
2002 In October, without any faculty consultation, the SBOE instituted a
policy for discontinuing programs that failed to provide sufficient due
process for faculty. In a letter to the SBOE, IFT President Nick Gier
insisted that these procedures at least be equivalent to those for
financial exigency.<br><br>
2002 Using the new procedures for discontinuing programs, the UI College
of Engineering fired six professors in mining and geological
engineering. AFT and AAUP intervention saved the jobs of three
tenured faculty.<br><br>
2003 UI Art professor Glenn Grishkoff passed his third-year review with
flying colors, but the liberal arts dean fired him instead. An
appeal to the Provost, backed by letters from 30 national peers, was
rejected. A total of $10,200, including $6,900 from an art auction,
was raised for his case. <br><br>
2004 The same UI dean who fired Grishkoff proposed the elimination of
studio arts to meet budget reduction goals. AFT, student, and
community protests forced the dean to consider an alternative
plan.<br><br>
2005 Two tenured faculty members at North Idaho College were dismissed in
May. By the end of the year an attorney hired by the IFT negotiated a
$94, 297 settlement. The AAUP national office sent a strong letter
indicating violation of tenure rights.<br><br>
2006 The UI Federation released its salary survey and reported that UI
administrative salaries had risen 251 percent over 24 years as opposed to
154 percent for full professors while the CPI was 193. President
White's salary of $275,018 represents an increase of 382 percent increase
over Gibbâs FY82 salary of $57, 115. <br><br>
32 Years of Achievements. For over thirty years the AFT has been the de
facto faculty union for employee grievances on Idahoâs campuses.
Our goal has always been to solve these problems without going to court,
but when internal solutions have not been possible, our attorneys have
been successful in eight out of ten major cases for a total of nearly $2
million in settlements and legal fees.<br><br>
<br>
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