COLUMN: FA, CMU contract dispute bringing out worst in groups
“A crisis brings out the worst and the best in people” -— we hear that phrase quite frequently, and for the most part, it is usually true.
With the Faculty Association strike, it seems to be quite one sided, with the worst outweighing the best.
From the beginning, when a bargaining agreement could not be reached, each side has blamed the other, claiming their side has been willing to bargain, and the other side is the bad guy who refuses to budge. As time has gone on, the strongly worded press releases and misinformation from both sides has increased to a level that is quite honestly shameful.
In the brief filed last Monday by the university to force professors back to work, Central Michigan University claimed that a strike would “necessitate the cancellation of all classes at CMU.”
All classes?
What happened to the 439 fixed-term professors and 591 graduate assistants who teach class?
In communications to students, the university claimed that no classes were cancelled and students should still report for class, so blatant misinformation such as this, especially in a legal document, is unacceptable.
Just as unacceptable was the FA’s insistence that their “work stoppage” was legal.
“Work stoppage” may sound less intimidating than “strike,” but Michigan law is clear that “(a) public employee shall not strike,” with strike being defined as “the stoppage of work.”
In fact, one of the arguments made in the brief was that an immediate restraining order should be issued because CMU would likely prevail in a later hearing to determine if the strike were legal, and the judge agreed.
The judge also agreed that the FA would not suffer harm by immediately returning to work, since they would be paid, but the university would suffer if some classes had to be cancelled, and this was absolutely true.
While not all classes would have been cancelled, the cancellation of some would mean that some students would not graduate on time, and the university would be faced with losing millions in government funding.
The court made the right decision in ordering the faculty back to work, as well as ordering the university to reinstate the health insurance for FA members.
It was also the right thing to do to allow professors to exercise their First Amendment rights by picketing until a new contract is signed. The university initially claimed that mass picketing would lead to “preventing individuals from engaging in lawful work.” While the court initially sided with the university, this was reversed on Friday, and professors are now allowed to picket, as long as it does not interfere with their duties or the duties of other individuals.
The order is final, and it is time to move on.
Will both sides get what they want?
No. But that’s life.
For the good of the students, the professors, the university, and the community, both sides need to stop the misinformation and spin and focus on coming to an agreement that is acceptable for both sides.
