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By Charles Loiacono The Minutes |
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Everyone in the college community, including the administration, knows that the ELI/LINCC program was and is a scam. It is an academic program designed to avoid living up to the terms and conditions of union contracts. The administration even got some full-timers to reluctantly go alone. It is one thing for all of us to know the truth. However, it is quite another to demonstrate that truth to a Supreme Court Judge or a PERB Administrative Law Judge. Since this administration views the truth as a cheap commodity that can thwart its goal, it employs any means to hide it. Our job is to bring it out in the open so it can be seen by PERB and the court. Ironically, the administration’s stone- walling has given us the time to ferret out the very truth they have tried so hard to bury. Had this case been heard months ago, we would have never known of the existence of the minutes recorded by a committee involved with Jack Ostling in steering ESL into ELI into LINCC. It turns out that those minutes reveal, in no uncertain way, that the administration never intended to have this program function under the jurisdiction of a union. The words speak for themselves, but I cannot resist commenting on their significance. Except for Jack Ostling, I will leave out names: “I think we need to put on our agenda the question of professionalizing the ELI faculty—not in terms of their qualifications, but in terms of salary, benefits, etc. The changes we are making will essentially turn the ELI into a kind of ‘BEP for ESL students,’ and if we want the ELI to do the job of preparing students for entry into the college, then we need a faculty that is committed to the institution and
its mission, and we will only get that for the long haul if we treat them, in contractual, salary and other terms, as faculty of the college, not as the sort of independent contractors that Continuing Education faculty usually are. I recognize this is a very complicated issue, one that involves the unions, the administration, questions about how the ELI is funded—currently it pays for itself—and perhaps other issues as well, but it is something that I think we should start to deal with sooner rather than later.” Those were the concerns of professionals. They were committed to educational quality not profit. That warning was voiced in 2004. As the reader will see, the administration had no such concerns. “-------explained that she invited Jack to be at this meeting because she thought that it was important to discuss recommendation number 8 (The committee views the role of the ELI as similar to that of BEP (an academic department) and suggests that the faculty be treated the same way as the BEP faculty) in front of him. A series of comments ensued: “Jack said that he would imagine that the other members of the Administration would see it problematic for the ELI to be unionized because it would imply viewing one segment of Continuing Ed differently from another. Jack also added that when the ELI was first developed, it was meant to be more flexible—responding to student need, without governance process, without having to follow the academic calendar and without students eating up their financial aid. If we created an ESL department, we would not be able to meet the same goals that we originally set out to meet. If we make the changes that we are suggesting, Jack is not hopeful that the ELI will be able to serve what it has been doing so well.” Of course, what it was doing so well was making a bundle of money. Without a union all things were possible. They hired amateurs without credentials, paid them poverty wages, made them work long hours, and used them in any way they wanted to without answering to a union. When the Fresh Look committee found the program to be an academic disaster, did this administration care? Not a bit! Providing a real education to these students was not their concern—making money by exploiting employees that had no rights was their only concern. Once having tasted that kind of exploitative power, they were determined to hold on to it. Read the threat from Ostling: “Jack said that if it goes in this direction, it would be the end of the ELI.
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In other words, it wasn’t worth the effort to educate these foreign students if the administration had to honor union contracts and hire professional teachers to teach the classes under the terms and conditions of those contracts—contracts that they swore to honor. They saw these foreign students as somehow less important than conventional students. They coveted the power of the robber barons of old and used it to exploit both students and teachers. “Jack said that we don’t need a union to have qualified faculty.” That was tongue-in-cheek, because when they didn’t have to answer to the union, they hired unqualified teachers. When Vice-President Bob Gaudino checked the files, he found that none of the persons hired had submitted transcripts or degrees. The files showed resumes only. Years after this program was started, the Fresh Look committee complained that there were no credentials on file. Obviously, it is only when the unions have input that professionalism is assured. This administration was willing to look the other way when it came to hiring professional faculty. “---------- commented that when we wrote the curriculum for the ELI and the program was put in Continued Ed we didn’t like it there. We wanted it put in part of a department or to be a department itself.” Once again, the professional faculty was upset with the program being relegated to a sub-standard category. They were obviously not aware that the administration was violating the federal regulations that prohibit classes from being taught under a continuing education entity. That regulation is specific, so all the students who paid tuition and received credit for taking those courses would be in danger of losing that credit if the Office of Homeland Security knew of the administration’s scam. We have hesitated in revealing the truth to the feds, not because we wish to protect this corruption, but because the students are innocent, and we do not want them to suffer any more than they did when they were exposed to academic incompetence. The government would certainly withdraw its approval of the program if they saw the record. This administration deserves that disgrace, and we reserve our right, perhaps our obligation, to expose this violation to the feds. Let’s continue: “--------- reiterated that the Administra -tion owes the three departments something for having given up the levels to the ELI.” Here one person recognized that the full-time faculty was being hurt by this program being taken away. Had he been a union leader, he would have taken a much stronger stand to prevent it from happening. “----------- said that the AFA is a big problem.” To be sure! At least these folks recognized that the administration was violating the contract and that we would respond the minute we found out. “------------ suggested that we start meeting with the union. Let’s have ----------- and the NCCFT come to our next meeting.” We don’t know if or how the NCCFT got involved then, but the NCCFT and the AFA are now fighting this thing together. A final excerpt will nail home the attitude of the full-time faculty: “Recommendation number 8 should include the rationale for professionalizing the ELI faculty in the long run. In other words, the Administration needs to realize that the role of the ELI is similar to the one of BEP; therefore, the ELI faculty should be treated like the one in BEP.” The professionals on this committee knew that the administration was wrong in taking academically oriented courses and placing them in an adult education setting. They intuitively thought that the unions should be involved. They instinctively knew that the AFA would fight any attempt to de-professionalize these courses. But the administration resisted any attempt to sway them from their ultimate goal—control without union involvement. That meant freedom to exploit and make money—the goal of the original robber barons. The only way that was possible was to absolve themselves of any obligation under the Taylor Law to honor the terms and conditions of a labor contract. We believe that we have gathered all the evidence and have all the witnesses necessary to convince the PERB Administrative Law Judge and the court that this was an is a program born of greed—a program that sacrificed all that should have been sacred to any honest administration committed to the welfare of the students, the faculty, and the institution. Alas, this administration is committed to other values including, but not limited to, exploiting, profiteering, dissembling, and denying. Let’s not forget double-dealing. |
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