Academic Senate Youngstown State University Youngstown, Ohio  44555

May 5, 2004

Note:  The next meeting of the Academic Senate is scheduled for Wednesday, September 8, 2004. Please submit agenda items and cover sheets for the May Senate meeting to Bob Hogue by noon on Monday, August 30, at the latest.  Provide both a hard copy and a disk or electronic copy of your report and cover sheet in Word or rich text format.  A downloadable cover sheet is available at the Academic Senate web site [hit "cancel" if asked for a password]:

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• Endorsement of Resolution in Support of the Right to Unionize.

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Tom Shipka, chair of the Academic Senate, called the Senate to order at 4:05 p.m.

Minutes of the Previous Meeting:

Minutes of the April 7, 2004, meeting were approved as posted.  To view the April minutes, go to <http://www.www.ysu.edu/acad-senate/minapr04.htm>. 

Senate Executive Committee (SEC) / Report from the Chair / Ohio Faculty Council Report: 

Tom Shipka, chair of the Senate, reported:

I want to thank Dr. Chet Cooper for presiding in my absence at the April 7 meeting. That absence was caused by pneumonia. I'm feeling much better these days but I have yet to regain my normal energy level.

The members of the Professional Conduct Committee have been appointed. My appointees as Senate chair are Maria Delost, Jim Zupanic, Marianne Dove, Helen Savage, Stephen Gage, and Chris Sweeney. Dr. Sweet's appointees are Phil Ginnetti, John Hyden, Ron Chordas, Joe Edwards, Jane Kessner, and Jimmy Myers. Joe Edwards was elected committee chair. The members serve for staggered terms - one, two or three years. I thank these individuals for accepting this important responsibility. We're all very busy and it's always tempting to say no.

The Professional Conduct Committee is adjudicating its first case and following the procedures of the new Professional Conduct Policy scrupulously.

Two memos have been sent to me as Senate chair, and to others, about the Professional Conduct Committee by Dr. Michael Finney, President of the YSU/OEA. The first, dated April 7, objects to the appointment of one of the professional/administrative members by Dr. Sweet, the other, dated May 3, which arrived in my office just yesterday, raises a variety of questions about the relationship of the Professional Conduct Policy to the Agreement between YSU and YSU/OEA. I will gladly discuss Dr. Finney's concerns with him but meanwhile I do remind him that his predecessor, Professor Mark Shutes, requested newly appointed President David Sweet to take the initiative to establish a mechanism to handle allegations of professional misconduct, and Dr. Sweet in turn asked the Senate to develop this plan, and further, the faculty union has been kept apprised continually at each stage of the development of the plan over some three years. It strikes me as odd that these concerns would surface now. Dr. Finney notes in his memo, among other things, that "…the Professional Conduct Policy has no standing in the Agreement." That can easily be remedied through a memorandum of agreement between YSU and YSU/OEA. Such MOUs are quite common on this campus and one seems appropriate in this case.

Next week I will have a luncheon meeting with the three newly appointed trustees to discuss campus issues.

The Ohio Faculty Council met on April 9. Rodger Govea of Cleveland State presided in my absence. Dr. David Freel, Executive Director of the Ohio Ethics Commission, gave a talk. You can learn the main points of his talk by consulting the OFC web site; the Senate web page has a link to the OFC web site.

The OFC meets for the last time this school year on Friday, May 14. Among other topics we will discuss the legislative scene and the final report of the Governor's Commission on Higher Education and the Economy, and we will have reports on developments on all the campuses from the delegates. There is a link on the OFC web page to the final report of the Governor's Commission if you care to see it.

I am a member of the Search Committee for a new University General Counsel. Some eighty applications were received, ten individuals were interviewed by telephone, and reference checks are being done this week on five applicants. The Search Committee will meet Monday, May 10, to review the reference checks and to select the finalists to be interviewed on campus.

I conclude my report by thanking all Senators who attended Senate meetings faithfully this year and all Senate committee members who attended their committee meetings faithfully this year. I also want to give special thanks to our secretary, Bob Hogue, who has proven this year that you can fill big shoes, and to our parliamentarian, Bill Jenkins, who is always ready with wise counsel for the chair. Thanks also to Media & Academic Computing for helping us with the technology in this room for each Senate meeting.

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Charter & Bylaws Committee:    No report.

Elections & Balloting Committee:  Jane Reid reported: Five of the six colleges have elected their at-large and departmental senators, GER representatives, and members of the Executive Committee. Fine and Performing Arts has not yet had elections. Dr. Reid requested that members of the College help out John Turk in finding volunteers to run for Senate seats.

A list of election results so far is contained in Attachment 1.

Undergraduate Curriculum Committee:  The course proposals that have been approved by the committee and have passed the objection period is contained in Attachment 3.  Another set of courses was approved in mid-April, although some of the courses in that set have been objected to. A report on those courses will probably be available at the September meeting.

Unfinished Business:   None.

New business:   Gabriel Palmer-Fernandez moved that the Senate endorse the following resolution:

RESOLUTION IN SUPPORT OF THE RIGHT TO UNIONIZE
Youngstown State University
Academic Senate
5 May 2004

WHEREAS, Youngstown State University has a long term interest in and commitment to supporting the economic stability of the region; and

WHEREAS, Youngstown State University has contracted dining services with Sodexho, a multi-national corporation, and many of the food service workers are residents of this region; and

WHEREAS, The food service workers at Youngstown State University have expressed their desire to organize into a union by means of a card check neutrality agreement; and

WHEREAS, The right to organize into a union is federally protected under the National Labor Relations Act and a card check neutrality agreement is a lawful and valid method under the National Labor Relations Act for determining employees' choice whether or not to join a union;

NOW, THEREFORE, BE IT RESOLVED that the Academic Senate of Youngstown State University supports the right of Youngstown State University food service employees to decide whether or not to unionize under a card check neutrality agreement;

AND BE IT FURTHER RESOLVED that the Academic Senate of Youngstown State University requests the YSU administration immediately to express its support for the workers by contacting the management of Sodexho and affirming in writing its support for a negotiated card check neutrality agreement.

 

The motion to endorse the resolution was seconded, and discussion began on the motion.

Hy Sockel asked if the employees are employed by the University or by Sodexho  Dr. Palmer-Fernandez replied that they are employees of Sodexho

Charles Singler asked if the Academic Senate was an appropriate venue for this.  Dr. Palmer-Fernandez responded that this resolution does not address curricular matter; it addresses workplace issues. It states a position, not a policy. He also noted that several years ago, the Academic Senate approved a domestic partner resolution.

Rochelle Ruffer asked for an explanation of a card check neutrality agreement. Dr. Palmer-Fernandez replied that it is a voting process that includes no intimidation, and provides neutrality on both sides of the issues. Employees would vote to unionize or not, based on a card that would be sent to a neutral party for tallying. (the party could be a minister, judge, lawyer, etc.) The party is mutually accepted by both sides.

Janice Elias asked if it might be more appropriate to ask the Chair of the Senate to contact the Administration and Sodexho. Dr. Palmer-Fernandez replied that the resolution calls upon the Administration to take action.

George McCloud ask if there is there a way to handle abstentions in this vote. Parliamentarian Bill Jenkins responded that if there is a roll call vote, one can abstain. That is not usually done with a conventional voice vote of the assembly. However, those who wish to be noted as abstaining may request that such be placed into the minutes.

Dr. McCloud so requested.

Dr. Shipka asked if there was anyone else who wishes to be shown as abstaining.  Phil Munro, Charles Singler, Tony Atwater, and Nancy Landgraff also requested that they be shown as abstaining.

A vote on the motion was then taken. Motion passed, with the following members of the Academic Senate hereby listed as abstaining from the vote:

George McCloud
Phil Munro
Charles Singler
Tony Atwater
Nancy Landgraff