Adjunct Bargaining
Pace University and the New York State United Teachers (NYSUT) have been engaged in good faith contract negotiations with respect to the University’s adjunct faculty members and part-time instructors (“adjuncts”).

Last year a disagreement arose between the University and NYSUT, when the union asked the National Labor Relations Board (“NLRB”) to include in the bargaining unit all adjuncts who teach at least 3 credit hours and/or 45 hours in a semester. In response to the union’s request, the NLRB decided to include those adjuncts in the bargaining unit despite the fact the NLRB had not allowed adjuncts to vote in the union election unless they had taught more than one semester at Pace. The University believes that the same standard should apply for determining adjunct voter eligibility and eligibility for inclusion in the bargaining unit. It is unfair to now include in the unit potentially hundreds of adjuncts that were excluded from voting in the election. As a result, the University is presently seeking a reversal of the NLRB’s decision in federal court.

Consistent with the law applicable to disputes of this kind, we will not recognize NYSUT as the bargaining representative of the disputed adjuncts or bargain with the union regarding their terms and conditions of employment until the unit composition issue is resolved. Notwithstanding what NYSUT might allege, this appeal process is well-established and perfectly legitimate.

Pace continues to engage in good faith bargaining with respect to the University’s adjuncts who are not in dispute. We last met with the union in early August. We expect negotiations to resume later this month once we have reviewed the latest set of proposals from the union received on September 7, 2007.

We believe we have made real progress in the negotiations. Pace representatives have taken the union’s proposals seriously and we have responded to them all. Both the union and the University have made movement on issues that are important to both parties. 

We will update you with respect to the adjunct unit as future developments unfold.

Transportation
As you may know, the University is seeking a ruling from a federal court regarding the April 13, 2006 certification by the NLRB of NYSUT as the bargaining representative for a unit of 19 of our drivers and mechanics. Pace filed objections to the election with the NLRB’s Regional Director, and thereafter filed exceptions to the Regional Director’s decision with the NLRB.

Pace challenged the original October 20, 2005 election because of misconduct by both agents of the NLRB and NYSUT that may have improperly influenced the election outcome. Instead of conducting a hearing and issuing a decision redressing the misconduct, agents of the union and the NLRB agreed to set aside the October 2005 election and conduct a new election. We believe the union and NLRB misconduct that invalidated the first election was not remedied before the second election was held. We also raised concerns about the timing of the second election just after the January break. The NLRB ignored the University’s concerns and agreed to the date chosen by the union. The union prevailed by a single vote in the second election.

The University continues to believe that the NLRB has mishandled these elections. Consequently, we have not commenced bargaining with the union, and we will not bargain with the union until the issue is finally resolved. We are currently awaiting the court’s decision with respect to the validity of the NLRB’s certification of the transportation unit.

Notwithstanding what NYSUT might allege, this appeal process is also well-established and perfectly legitimate.

We will update you with respect to the transportation unit as future developments unfold.