Clarion Masthead

Settlement: PERB charges dropped

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The PSC has settled an improper practice charge with the state Public Employee Relations Board (PERB) the settlement restates the union’s position that new adjunct appointments are grievable under the current contract with CUNY, resulting in charges against the union being withdrawn.

Three adjuncts claimed in PERB charges that the ratification of the contract was invalid and constituted a breach of duty of fair representation on erroneous grounds that the union concealed material terms of the agreement from the membership in regards to the three-year appointments for adjuncts. They also alleged that the multiyear provisions for adjuncts was not subject to the grievance procedure. Those bringing the charges insisted that the ratification vote be nullified and to have the three-year appointments struck from the collective bargaining agreement.

The union argued that the charges were false. The resulting PERB settlement restated the terms of the contract were open and transparent, and that the grievance process applied to the appointments.

ALL ABOVE BOARD

The union said in a statement, “The PSC provided the entire Memorandum of Agreement (MOA) and its attachments to all PSC members eligible to vote. Every effort was made to inform PSC members of the contents of the MOA and its attachments and to answer any questions that were raised about the proposed agreement. As with other provisions of the contract, provisions of the MOA are subject to the contractual grievance procedure (Article 20) unless they are explicitly excluded. As CUNY management acknowledged, the newly negotiated provision for multiyear adjunct appointments was always subject to the grievance procedure.”