On behalf of your PSUFA Executive Council, we have very exciting news. Your union has won our Unfair Labor Practice complaint against PSU, and the University has been ordered to release the funds they have held hostage since July!
First, we want to acknowledge the work of members who were personally impacted. This win was possible because they stood together, and trusted us to file and fight in court. They didn’t settle for anything less than what they were owed. This legal victory will also make it extremely difficult for PSU to ever argue in the future that they do not have to maintain “status quo” on your contract while in negotiations.
In August, your union filed an Unfair Labor Practice (ULP) complaint against PSU after they cut off funding to the Adjunct Financial Assistance Fund (AFAF), Professional Development Fund, and Faculty Education Fund, citing the expiration of your Collective Bargaining Agreement. Nearly 100 adjuncts were affected and some were anticipating funds for educational opportunities they had already paid for, to make up for lost income from canceled classes, pay their rent, and cover other urgent emergencies. The Employment Relations Board of the State of Oregon agreed that PSU violated labor law and engaged in bad faith bargaining and the Board ordered the University to release the funds they owe to adjuncts!
Though this complaint ultimately needed to be settled through a court decision, member organizing and collective actions made this possible: you and your co-workers' March on the Boss emails, testimony, comments to reporters, were powerful support for your Executive Council and our legal team at AFT–Oregon when we took PSU to court. We fought for what was right, and your solidarity and support allowed us to hold out for the full remedy you deserve, and one that gives the most adjuncts the best outcome, both now, and into the future.
Your union's leadership currently is working with our AFT lawyers to ensure the University implements the remedy legally mandated by the Employment Relations Board (ERB). Here's what we know at this time:
PSU is required to release AFAF, Professional Development reimbursements, and Education Fund awards within 30 days of Friday, Oct. 3.
Here are highlights of the decision:
The Employment Relations Board (ERB) found that the University violated the law and "status quo" of our contract by failing to release funds under Articles 12, 13, and 15 of PSUFA’s Collective Bargaining Agreement (CBA).
The University was found to be "bargaining in bad faith” by making a unilateral change to your contract (not paying the contractual funds) that was not a mutually negotiated change.
Here is the relief ordered by the ERB:
Cease & Desist - PSU must cease and desist from violating ORS 243.672(1)(e) and (f).
Resume Payments - PSU must restore the status quo ante regarding the funds described in this order and, within 30 days from the date of this Order, make whole any affected employee, plus interest at the rate of 9% per annum.
Notify Employees - Within 10 days of the date of this order, PSU must post the decision for 30 days in prominent places where PSUFA-represented employees are likely to see it. PSU shall distribute this notice by email to all Association-represented employees within 10 days of the date of this order.
Here is the full text of the ERB decision.
This has been a hard fought victory, but if we know one thing we know:
When we fight, we win!
In solidarity,
Vasiliki & Erica, Co-Chairs, PSUFA
Along with all your PSUFA Executive Council members