Here we go again. There never seems to be an end to the attempts on the part of college officials to find ways to get around the AFA contract.

            There are outrageous cases such as the ELI, and the LINCC imbroglio that impact on the union as a whole. Then there are cases that involve individual members such as the Layne/Green situation where both grievants won their cases and received money and seniority credit.

            In our latest situation one member of the AFA has charged that another member, in connivance with the chair of the department, conspired to deny the first member her rights. This led to a Step 2 grievance hearing.

            The details are as follows: This last summer a member of the faculty was assigned to supervise an internship class. The students were placed in various jobsites and the function of the instructor was to supervise and be available to the students as well as the employers in the event things did not go smoothly. The instructor also had the responsibility of visiting the students at the jobsites to provide a supportive general structure for them.

            According to the AFA contract, as well as the assignment contract that faculty sign at the beginning of each semester, availability is a key factor in employment. What does availability mean?

            Enter Humpty Dumpty who said, in THROUGH THE LOOKING GLASS, “When I use a word, it means just what I choose it to mean, neither more nor less.”

            I believe Lewis Carroll  would have enjoyed the exchange between the college attorney, the college hearing officer and the union representatives. It was Jabberwocky in the purest sense.

What does available mean? “Present or ready for immediate use. Present in such physical form as to be usable.” Merriam-Webster. In this instance, the one contracted should have been ready, willing, and

able to perform the function the individual was contracted to perform. The administration’s definition, however, differs from Merriam-Webster and does not comport with logic. They believe that available means being present somewhere on planet earth.

It so happened that the faculty member who was assigned the class was going to be in CHINA during the first weeks that the class was in session. The college attorney would not permit the faculty member in question to answer the question regarding how long they were not in the country when the class was in session. The attorney took the position that since available meant, Humpty Dumpty fashion, one could be anywhere on the planet and be available. So, when in China, one is available in New York.

I wonder if the parents of the students involved would have been comfortable with the knowledge that the teacher of record was out of the country while their children were at jobsites.

I wonder, in this litigious age, if the administration considered the exposure to lawsuits for putting students in possibly dangerous situations without proper support from staff.

The fact that we now have e-mail and cell phones is irrelevant in this situation. The chair in question should not have offered the class to a faculty member that was not “available.” The class should have been assigned to the faculty member who brought this action. She was available and was going to be in Nassau County at the time.

            The Step 2 hearing has been adjourned, it is not over until more evidence is presented.

            Step 2 hearings are not usually won by the AFA because the administration makes the decision.

            Layne and Green lost at Step2 and later won at Step 3. The fat lady gets to sing after a Step 3 hearing.. Final judgment is reserved until then.

 The best is yet to come.