Hayley Grgurich

After four months and 15 meetings between the Association of Pennsylvania… Hayley Grgurich

After four months and 15 meetings between the Association of Pennsylvania State College and University Faculty and the Pennsylvania State System of Higher Education, the only progress being made is in the increasing resolve of the faculty to strike if it feels its contractual needs are not met.

Now, with only three days of negotiation standing between the faculty and the first strike in the history of the State System of Higher Education, compromise seems even less likely. The union announced Monday that a letter from the state to its faculty led the group to file an “unfair labor” charge against the state. According to the National Labor Relations Act of 1935, “employers are prohibited from taking certain actions against their employees and the unions that represent them.”

Included in such prohibited actions are any attempts to interfere with or suppress the rights of employees to strike as a means of upholding their claim to fair collective bargaining tactics.

The letter, written by Thomas Krapsho, the state’s acting vice chancellor for human resources and labor relations, was felt by the faculty’s legal council to be threatening enough to constitute unfair labor practices.

“The scare tactics contained in the letter are transparent, outrageous and illegal,” Pat Heilman, state APSCUF president said on the group’s website.

The state maintained that the letter was in no way threatening or even unusual.

“It’s a routine letter,” Ken Marshall, PASSHE spokesman, said. “The intent of that letter was to be a service to our employees to let them know that we cannot legally provide them benefits if they are withholding services.”

According to Heilman, one of the most distressing passages within Krapsho’s letter to the faculty concerns the failure of the state to pay faculty for summer classes they have already begun teaching should they strike.

She said that because of different start dates for summer courses at the 14 state-owned schools operating under the state’s System of Higher Education, some professors could potentially have been teaching a summer course for up to two weeks before they could legally strike as of July 1.

Heilman said that in the event such an overlap would occur, those professors would not be paid for the time they taught their summer courses prior to the strike.

In response to Heilman and the union’s concerns, Marshall said, “Their summer contracts are for a class, and if they don’t complete that class, then they have not fulfilled their contractual obligation.”

Another piece of Krapsho’s letter used to justify the unfair labor-practices charge would prevent faculty participating in a strike from accessing and using medical funds they have accrued over time as part of a flexible banking account offered in their state medical coverage.

Under the current contract, faculty members have what Heilman calls a “flexible spending account.”

This account allows faculty to choose to have a certain amount deducted from their regular pay and set aside in the event of a medical emergency.

Should the faculty strike, they would be denied access to these funds.

“We can’t provide them any benefits if they aren’t working, and that’s a benefit they have,” Marshall said of the flexible account.

Three more negotiation sessions remain between the faculty and the state before the potential strike.

The groups are scheduled to meet again in Harrisburg June 28, 29 and 30 for a final attempt at reaching a satisfactory compromise.

In the event no agreement is reached, a strike could begin as early as July 1.

Directly beneath the link to its most recent proposal to the faculty on its website, the state offered another link to information regarding the procedure in the event of a strike.

The state said that while the current contract with APSCUF faculty and coaches expires June 30, if a strike occurs, not all union members must strike.

“In the event that a strike is called by APSCUF leadership, we hope that faculty members would continue to honor their commitment to their students to ensure an uninterrupted summer school,” the state said. “Each faculty member has a legal right to refrain from engaging in a strike called by the union leadership and to report to work as scheduled.

“Both salary and benefits would continue for those faculty members who decide not to strike.”

In addition, should students miss out on summer classes altogether because of a strike forcing cancellations, the state said that all students enrolled in those classes will be given full refunds of their tuition and fees.