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A message from PSC President James Davis

Update on Proposed CUNY Bylaw Changes

Sep 18, 2024

Dear PSC Member,

I am pleased to report that the CUNY administration is addressing many of the objections that we as a union, scores of PSC members, and governance leaders have raised over the past several months to proposed changes to the university’s Bylaws and Manual of General Policy. The August 30, 2024 version of the administration’s proposed changes is substantially different from the version that was initially scheduled for Board of Trustees approval last semester. The broad groundswell of opposition from individual members, the union, and governance bodies compelled the administration to change course.

I am also pleased to report that the administration agreed to meet with the PSC about our remaining concerns in relation to our collective bargaining agreement and the principles of shared governance. This meeting should have preceded any proposed changes to the bylaws. Instead, it took multiple forms of insistence in labor-management meetings and contract negotiations, vivid PSC member testimony at public hearings of the Board of Trustees, a formal grievance, and an improper practice charge with the New York State Public Employment Relations Board to bring us to this point. The law is clear that the administration must negotiate with the union over any Bylaw changes that affect our terms and conditions of employment, as I reminded members of the CUNY Board of Trustees last month.

The stated intention of the Bylaw changes has been to clarify the roles of the college provost and academic dean in relation to the roles of the college president and others, including the department chair and personnel and budget committee. Had they been implemented as drafted, however, the proposed changes would have fundamentally altered these roles and the relative authority of the positions. Having reviewed the revised August 30 version, the PSC expressed concerns to the CUNY administration primarily in two areas: scheduling and the procedures for promotion and tenure. On scheduling, we insisted that any authority that academic deans and college provosts possess over the schedule of classes must respect the academic judgment of the department chair and personnel and budget committee. On the procedures for promotion and tenure, we maintained that the contract and related arbitration history establish the roles of college administrators, and that must be reflected in any changes to the university’s governing documents.

We hope that PSC members will continue to express your views about the proposed Bylaw changes. The administration will make additional modifications and submit the resulting draft for consideration by the Board of Trustees at its October meeting. Bylaw changes require two meetings of the Board, so the soonest the changes could be approved is December 16, 2024.

With all of the pressing issues on our minds – from devastating wars and high stakes elections to our PSC contract negotiations closer to home – the university’s governing documents may not seem like a pressing matter. But in fact the struggle that PSC members have waged, including many in elected governance roles, has been absolutely critical to maintaining the academic character of the university. Please stay vigilant and informed, and please continue to use your experience and raise your voice in this our shared workplace.
In solidarity,

James Davis, President


Published: September 18, 2024

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Protest the CUNY Trustees Hearing on October 21 at John Jay College.