Adjunct Faculty Association at

Nassau Community College

VANGUARD

Charles Loiacono, Editor                                                  Vol. 37, No.2  October  2009


AFA WINS ELI CASE


Arbitration Panel Rules “The College violated the collective bargaining agreement.”


 

Inside This Issue:

The Union's Position

 

 

   


No one in the college community or in the county is surprised by the above headline—least of all the college administration.

            They knew from the first that removing classes from our jurisdiction violated the AFA contract. They justified the breach by giving a new meaning to the word   “jurisdiction.”

            “Sean Fanelli once told me that he did not know what “jurisdiction” meant,” said AFA President Charles Loiacono. “John Gross, the college attorney in the case, maintained throughout the procedure that “jurisdiction” did not mean under the control of the terms and conditions of an existing contract, but rather the right of the administration to negotiate new terms and conditions. That position was a stretch even for someone whose job it is pretend.”

It has taken years to prove that the Fanelli administration violated the contract. That

breach took place in 2001. They continued violating the contract until the summer of 2007 when they put an end to ELI by changing the name to LINCC. Thus, the violation continues. Pretending that changing the name changed the program was a lawyer’s trick to buy time so that the administration could continue violating the contract. That trick is in the hands of PERB. After the PERB decision there will be a new arbitration.

            Is there anyone out there that wonders why the AFA celebrates the end of the Fanelli administration?

Together with their lawyers, Fanelli and company wrote the book on strife and disharmony. They leave an ugly legacy—one that should be studied by the new administration and avoided like the plague.

 

(See “The Union’s Position” for details on the arbitration decision.)