FACULTY FOR
EXCELLENCE
AT UNM

This website was created by faculty striving for excellence at UNM. The vote on Oct 16/17
could cause a fundamental change in our governance.
We are also concerned with the pace of the current unionization effort and the lack of information on some critical aspects.

Many faculty have raised concerns left unanswered by the information available on the UNM administration and the pro-union UA UNM websites. In response to a question posed at the Faculty Senate by Prof. Cassiano Endres de Oliveira we created this site to collect information relevant to the upcoming vote on Oct 16/17. In an attempt to share what we have learned, and to provide a more balanced view, we have posted a number of FAQs. Additional FAQs have sprung from suggestions put forth by faculty spanning multiple colleges and ranks at UNM. We thank our colleagues at the Univ. of Washington, Seattle and the Univ. of Illinois, Urbana-Champaign, both world class research intensive universities, who have compiled information on the benefits and drawbacks of a faculty union and made this information available at www.uwexcellence.org and nofacultyunion.blogspot.com. We hope you will peruse the FAQs below, do your own research and then vote on Oct 16/17, since it is important that your voice is heard.

Please visit: http://facultyunitedunm.org which provides ideas that we endorse.


Abhaya Datye, Distinguished Regents' Professor, School of Engineering

Cassiano Endres de Oliveira, Professor and Faculty Senator, School of Engineering

Greg Taylor, Distinguished Professor, College of Arts and Sciences


If you have any comments or concerns about this website, or would like to contribute FAQs,
please email us at webmaster@unmexcellence.org

Down Arrow
Updated on
Oct 5, 2019

FAQ



Q: Could the collective agreement require that faculty be physically present on campus for a certain number of hours, times and days of the week?

A: Absolutely yes! See the NM Highlands agreement Articles 12.5, 12.6, 12.9, and 12.10, which do just that.

12.5: Faculty members are required to be available, in person, or on the campus or campuses to which they are assigned to teach, five (5) hours per week, over at least three (3) days,during normal working hours. Normal working hours are here defined as between 8:00 am and 5:00 pm, Monday through Friday, unless the faculty member teaches evening or weekend classes, in which case the office hours must be kept as appropriate for that faculty member’s normal teaching schedule. Any proposed deviation from these requirements must be justified in writing and approved by both the Chair and the Dean. Office hours shall be posted on the faculty member's office door and on Banner Web.

12.6: Members of the full-time faculty are engaged and paid on the basis of an academic year contract, including days when the university is open and classes are not in session.

12.9: The University does not attempt to enforce an eight-hour working day for teaching faculty. However, faculty members who are absent from their offices during normal working hours should leave with their secretary’s information as to where they might be reached.

12.10 Faculty members are required to provide their personal telephone number and mailing address to the Chair.

Currently, faculty at UNM enjoy freedoms consistent with their academic mission. But these flexible working arrangements could change if we put diverse groups of faculty (research faculty, lecturers and tenure-track faculty) from different schools and colleges into a single bargaining agreement. When we vote yes, we are accepting a “one size fits all” bargaining unit.

NMHU Collective Bargaining Agreement 2016-2019

NMHU Collective Bargaining Agreement 2019-2024

Q: Is it possible that the collective bargaining agreement may require me to teach more classes than I currently do, without extra compensation?

A: Absolutely yes! See NM Highlands agreement Article 12.1, which requires all faculty at the university to teach 24 credit hours per academic year.

12.1: The normal teaching load is 24 credit hours per academic year with the exception of first year HU faculty who will teach 18 credit hours during their first year of service. Overloads are discouraged by the Higher Learning Commission and other accrediting bodies. However, under exceptional circumstances, overloads may be granted. Faculty members who are asked to teach in excess of 24 hours per academic year will receive overload contracts.

That probably is part of the reason why Highlands has been losing faculty since they unionized. Currently, schools, colleges and departments at UNM have academic load policies that allow for a different mix of teaching, research and service across disciplines and among lecturers, research faculty and tenure-track faculty. All disciplines and all three types of professors are part of the UNM collective bargaining unit. We do not know how one uniform agreement could accommodate differences between faculty workloads across UNM.

NMHU Collective Bargaining Agreement 2016-2019

NMHU Collective Bargaining Agreement 2019-2024

Q: My department/school is losing faculty due to competitive pressures, and we are having difficulty recruiting faculty from higher paying universities, industry and business due to the fact that our pay is low for our discipline. If my Dean or Chair is trying to increase compensation in our department/school to recruit top faculty to ensure excellence at UNM, how might a collective bargaining agreement change this?

A: Your Dean or Chair will not be able to increase compensation of faculty in your department/school if not approved by the collective bargaining unit. One of the stated goals of the union is to provide pay equities and transparency across UNM, but that will limit the ability of individual departments/schools to raise faculty salaries to be competitive in their field. If you don’t believe this, ask your Chairs and Deans if they have had difficulties when attempting to increase the compensation of their unionized staff, in comparison to their non-unionized staff. Most will tell you how difficult it has been to adequately compensate their top performing unionized employees at UNM.

Q: Why are we rushing to a vote now?

A: Faculty unions have been around since the early 1900s. If unions are truly beneficial then it is surprising that more of our peer research intensive universities don't have them. We would be wise not to rush to form a union but should try and understand the pros and cons. It seems that this entire process has been very rushed (initial announcement on Sept 17, vote on Oct 16-17). The list of those eligible to vote will be released only on Oct 2, after the originally announced Oct 1 deadline for absentee voting (now extended to Oct 4). The absentee voting procedure is unclear, cumbersome, and requires the statement of a reason for a vote, something that would not be allowed in city, state, or federal voting.

Q: What are we voting for?

A: We are voting in the hope it will make things better. Do we know what the union will do different from the way things are right now? If the vote passes, who will be the leaders of the union? Check out the UA-UNM website to get an idea of the leadership and the goals. Most important, you should realize there is no path to reverse this course, should we find later that the faculty union as constituted does not meet our interests. Think Brexit! We are voting for an ill-defined union of faculty with differing interests, without clear bylaws or organization, into one bargaining unit. If you vote NO, it is still possible for the union organizers to come back one year later with a better-formulated proposal for faculty representation. But if you vote YES, the path to dissolve the union is virtually non-existent. As stated at the Univ. of Illinois, Springfield website “once a union is certified, it is there forever, it cannot be decertified!”

https://www.uis.edu/
humanresources/labor/faq/

Q: Who can vote in this election?

A: Not all UNM faculty are allowed to vote. Besides "administrators" like the Provost, Deans, and Department Heads, Center Directors, even those whose centers are inside departments, are not allowed to vote. This is unreasonable as Directors of Departmental Centers are not part of the administration. This would appear to be an arbitrary gerrymandering of the vote. Department Chairs, who are well respected faculty members, are also not allowed to vote. When they rotate out from their position as chair and return to the faculty they will have to live with the consequences of unionization that they had no say in creating. The same is true for Center Directors. No health sciences faculty are allowed to vote. If your name does not appear on the lists of eligible voters, you should still request a provisional ballot when you go to the polls to vote. If you are going to be out of town then you should request an absentee provisional ballot.

Q: How common are faculty unions in R1 institutions?

A: A quick perusal of the web shows that the number of faculty unions among the 131 research intensive universities (R1) is very small.  These include Univ. of Oregon, Rutgers, SUNY and Univ. of Florida.  UF faculty motivation for unionization was in part driven by concerns of State limitations on academic freedom, not a concern in NM.

https://hr.ufl.edu/wp-content/uploads/2018/04/Final-UFF-CBA.pdf

https://www.insidehighered.com/news/
2019/03/18/academics-oppose-proposed
-survey-student-and-faculty-political-beliefs-florida

.

The reason for why research universities such as UW have shied away from unions is the shared governance that exists at most research intensive universities.  Faculty unions are more common among small public and private schools where the emphasis is on instruction.  Furthermore, the research mission often involves temporary appointments such as postdocs and some research faculty. The reduced flexibility in hiring that comes with unions is likely to be at odds with the research mission and a reason why almost all research intensive universities like UNM have avoided a faculty union.  This lack of flexibility may also deter prospective faculty to coming to UNM should we establish a faculty union. See the websites below for experience at the University of Washington and at the University of Illinois at Urbana-Champaign, both of which rejected the formation of a faculty union for tenure-track faculty.

http://www.uwexcellence.org

http://nofacultyunion.blogspot.com

Q: Why are tenure-track faculty, lecturers and research faculty in one bargaining unit?

A: UNM proposed that these groups be put into different bargaining units, but the union objected. The definition of the bargaining unit is the most troublesome aspect of this vote. It puts groups with different interests into one unit. While we share common goals in terms of educating students, our funding sources, the employment contracts and job expectations are vastly different for tenured/tenure-track faculty, research professors and lecturers. Our tenured faculty have rights and privileges already defined by UNM’s tenure policy. The types of longer-term contracting agreements that are generally in the interests of lecturers decrease our flexibility in maintaining employment for research faculty. Can one bargaining unit truly meet the needs of all three categories? Many other institutions that have unions create separate bargaining units for faculty with differing employment contracts. See the Univ. of Illinois Urbana-Champaign which only represents non-tenured faculty:

https://humanresources.illinois.edu/hr-professionals/
labor-and-employee-relations/union-represented-groups/Bargaining-Agreements.html

Q: What is the experience of faculty unions in New Mexico?

A:New Mexico Highlands University formed a faculty union in 2016. In August 2019, KOB news reported that NM Highlands University Officials are worried about declining number of faculty and are reporting its lowest number of tenured positions in school history. Faculty association president Kathy Jenkins says there is a certain level of dissatisfaction with some of the faculty that led them to start looking for employment elsewhere.

https://www.kob.com/new-mexico-news/
declining-faculty-hits-new-mexico-highlands-university/5466025/

To gain a sense of perspective, you should examine the collective bargaining agreement at NMHU, especially take a close look at article 12, faculty workload. Now consider that at UNM the faculty workloads in terms of research, teaching and service vary widely across schools and colleges and among the three groups (tenure-track faculty, lecturers and research professors) who will form one bargaining unit that will likely normalize workloads across campus.

https://its.nmhu.edu/IntranetUploads/001348-CollectiveB-130200952439.pdf

Q: What is the experience of unions at UNM, have they had a major impact?

A:UNM staff already have a union, United Staff - UNM (US-UNM). You can view the agreement they reached with UNM, which provided the identical raise that was received by all other employees at UNM. Furthermore, the procedures to provide out of guidelines raises to UNM unionized staff are cumbersome. You should speak with staff in your department and find out their experience over the years so you can weigh the pros and cons. The union imposes an additional level of bureaucracy with no major gains in compensation or benefits.

https://hr.unm.edu/labor-relations/union-information/us-unm

Q: What restrictions would be placed on Colleges and Departments at UNM in the advent of a faculty union?

A: This is currently unknown and we are told that this will be decided after the union is formed.  We have no idea how disparities in salaries and teaching loads between departments will be handled.  Some with lower salaries and higher teaching loads may demand equality without consideration of the research mission of the university.  Each college has its own model and a uniform strategy may not be optimal. But once the union is formed it is very difficult to decertify. Including tenure-track faculty, lecturers, research professors and branch campuses into one bargaining unit makes it likely that the needs for such diverse groups cannot easily be met.

Q: How much will my union dues be? Do I have to pay dues if I elect not to join the union?

A: The exact dues will be determined after the vote, but we have been told they will be between 1-2% of your salary.  If you feel there should be certainty before you vote, then you should vote accordingly, because it is extremely difficult to decertify the union. If the vote passes and a union is certified, then you will have a choice. Prior to 2018, unions were allowed to deduct “fair share” dues to cover their costs for representing your interests, even if you were not a union member. But the 2018 Supreme Court decision changed that so non-union workers have the right to decide if they want to support the union or not.  The state of New Mexico stopped deducting these so-called "fair share" dues in 2018 following a ruling by the U.S. Supreme Court. 

For more detail see:

https://www.santafenewmexican.com/
news/local_news/new-mexico-asks-
union-workers-to-waive-first-amendment-rights/
article_10492093-2034-5d7b-8767-5ee5d5afb468.html

https://www.supremecourt.gov/opinions/
17pdf/16-1466_2b3j.pdf

https://www.theatlantic.com/politics/archive/
2018/06/janus-afscme-public-sector-unions/563879/

The collective bargaining negotiations however do impact non-union employees as they usually determine overarching compensation and workplace rules.

New Mexico is not a right to work state, which means that workers cannot negotiate terms of employment outside the union contract if they are members of the bargaining unit (whether they pay dues or not.) Those faculty who choose not to join the union will remain represented by the union as they are members of the bargaining unit. Their pay, benefits, and working conditions will be determined by the union negotiated contract. But they do not have to pay dues to the union. If a significant fraction of the bargaining unit does not pay dues, the union will be under-funded.

Q: With regard to research faculty, how will union employment contract negotiation change the way we support research faculty? Currently we are able to write short term contracts when temporary funding gaps occur.

A: This is currently unknown and will only be understood after the union is in place.  To gain a perspective, you can see the bargaining agreements at Rutger’s university for research faculty. If similar agreements are adopted at UNM, we will no longer be able to write short term contracts. This might make the employment of research faculty, or even postdocs, difficult or impossible.  Very few faculty have access to multi-year funding at 100% of the salary.  Federal funding agencies are often delayed in distributing awarded funding to universities, short term faculty contracts allow flexibility to bridge these time periods. This is an important issue that needs to be understood before we vote in favor of a union.  While not all tenure-track faculty employ research faculty in their groups, research faculty are a critical part of the research mission at UNM, without which our Carnegie R1 research-intensive  status may be put in jeopardy.

https://academiclaborrelations.rutgers
.edu/contracts

Q: How will research faculty salaries be determined?  Currently some research faculty are PIs on their grants, bring 100% of their funding and set their own salary.  How will this be affected by including them in the bargaining unit?

A: This is another significant unknown.  It could happen that salaries are no longer in control of the PI since the union may mandate some changes.  This could make giving merit raises difficult, or disallow giving pay commensurate with abilities and available resources.  Currently research faculty salaries vary widely and in some cases exceed those of tenure-track faculty. But these are soft-funded positions, so imposing union requirements on these positions could have a major detrimental impact. Important issues such as these need to be fully understood before we vote in favor of a faculty union.  We can always put off the vote until this is understood, but once the union is in place we will be forced to adopt uniform policies, some of which could affect how we do research and negatively impact excellence at UNM.

Q: How would salaries and startups be negotiated for new tenure-track faculty?

A: This is largely unknown. We can reasonably suppose that it will increase the complexity of the hiring process. And the presence of the union may also serve as a deterrent to prospective faculty.

Q: How will having a unionized faculty affect UNM in the future?

A: This is very difficult to predict, however we have heard much discussion about how Universities are likely to change dramatically in the coming years in response to changes in demographics, online learning, rising costs in education, changes in the job market, and so forth. If this is the case then its likely that UNM will need to be more flexible. The union will place restrictions just when we will need to be the most agile.

Q: Does having a union in place mean that my salary will increase?

A: The primary causes of the small or nonexistent raises over the past decade at UNM, and other large state schools, are the result of changing demographics and declining state budgets for education. Neither of these issues will be solved by a union. Studies at other universities with and without unions have seen little difference in the change in salaries (Hedrick et al. 2011; see link below).

https://www.jstor.org/stable/41149479?seq=1#page_scan_tab_contents