V I E W P O I N T

                                                   by ROBERT GAUDINO                                  

                 Harmonious Relations?  No Place for Lawyers.

IThe Adjunct Faculty Association is active on several fronts attempting to deal with a college administration and Board of Trustees that have adopted a policy of confrontational labor relations.

            On one hand, we have the circus-like spectacle attempted at the “fact-finding” hearing. This stage of negotiations is mandated by the Taylor Law in an attempt to bring the parties together and resolve disputes. “Circus-like” is used here to describe the setting of the first real fact-finding session where an audience was invited.

            We all gathered on the 11th floor of the Tower and sat on opposite sides of a “U” shaped table facing each other. The fact-finder sat at one end. On the other open end was an array of individuals who were clearly members of the college administration. These persons were present because Gross and company decided that this fact-finding session was to be open to the public. Ha! Public indeed! If the college and the BOT wanted the public, why didn’t they invite the people of Nassau County by putting an ad in Newsday? Instead, they ordered a number of administrators, who apparently had nothing better to do that morning, to sit and watch. These folks were being paid to do whatever their job description called for, but had some “free time” to waste at this meeting. The AFA protested that fact-finding was to be held in private unless both parties agreed to make them public. These sessions are historically held in private so parties can speak freely and not play to the audience. The fact-finder, after consulting with PERB headquarters in Albany, dismissed the audience, except for the chief security officer of the college who remained throughout the session.

            On the college side of the table were arrayed five lawyers. They spare no expense when facing the “mighty” AFA. There were John Gross, his associate Regina Cafarella, Mike Freeman, Donna Haugen, and Chuck Cutolo, all lawyers. Impressive and expensive to say the least. On the AFA side there was one attorney, Richard Betheil, the union officers, and the negotiating team.

            After much time was wasted (another Gross tactic) and the “public” was dismissed, the session went forward. It  took about two hours to conclude. The result of Gross’ performance further separated the parties in what should have been an effort to bring them together.

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            A second situation has developed resulting from arbitration victories won by the AFA. Recently the AFA won a decision at step 3 of the grievance procedure which ruled that the WRITE program belonged under the jurisdiction of the AFA, and should not be run under the continuing education, adult education or lifelong learning budget (they keep changing the name). The response of the college to the “cease and desist” order in the decision was to terminate the program. This was uncalled for. The union had no objection to the course. We simply wanted the decisions of multiple arbitrators to be obeyed and the contract honored. The college has tried several times to ignore or simply violate this language and has failed.

            As for the students who might have benefitted from the WRITE course, they threw them under the bus to make it look like the AFA opposed the course. That is patent nonsense, but that kind of tactic is par for the course. The college’s reluctance to honor the contract, even after the union showed that the course could be run at no additional expense to the college, shows disdain for all parties.

            In addition to the WRITE program, the college has been running courses which are called “Brush-Up” in both Math and Reading. These courses also belong under the jurisdiction of the AFA.  Once again, pique seems to dominate the college’s actions. These courses, which have been offered illegally in adult education, have also been terminated. Their way or the highway!

            The justification for all these courses coming under the jurisdiction of the AFA is that they are all academic in nature, are intended to help students matriculate, and are necessary to complete a college program and receive a degree.

            All the courses mentioned above are intensive and one week in duration. Under AFA jurisdiction, each course would be considered to have a one contact hour value and be paid accordingly. The instructor would receive a seniority credit and move up the seniority list.                 Were there normal relations here at NCC, such solutions would be implemented smoothly. But they hire lawyers to promote animosity and create strife.