Grievance Committee Concludes that SFAI Administration Violated Contract; Recommends Rescinding Tenured Faculty Layoffs

On May 11, 2009, the Grievance Review Committee submitted a final report regarding tenured faculty layoffs at SFAI.  The GRC found multiple violations by SFAI of the faculty collective bargaining agreement, and recommended that the layoffs be rescinded.  The Concerned Students and Alumni of the San Francisco Art Institute (SFAI Student & Alumni Action Group) urge President Chris Bratton to accept the GRC's recommendations. 

Background:  In February of 2009, the Faculty Union and certain individual faculty members at the San Francisco Art Institute submitted grievances pursuant to the faculty collective bargaining agreement.  The grievances challenged the layoff of tenured faculty at SFAI.  The grievances are reviewed by a Grievance Review Committee (GRC), which investigates the grievances and makes recommendations to the SFAI President for resolution.  The GRC consists of five faculty members: two selected by the SFAI Administration, two selected by the Faculty Union; these four individuals select the fifth member. 

On May 28, 2009, the Faculty Union sent the following in an email to the faculty:

Subject: Summary of Grievance Review Committee's Final Recommendation Report

Dear Faculty,

Below is a summary of the Grievance Review Committee’s Final Recommended Resolution of the grievances made regarding the tenured faculty layoffs. The GRC submitted its final and unanimous recommendation report to Chris Bratton on Monday, May 11, 2009.  The GRC members are: Brett Reichman, Mark Van Proyen, Frances McCormack, Reagan Louie, and Tony Labat. 

The next step is for President Bratton to soon issue a decision on the grievances.  In the event the Union is not satisfied with that decision, the grievances will proceed to arbitration.  The cost of the arbitrator will be borne equally by the Union and SFAI. 

SUMMARY

The GRC concludes that multiple violations of the Collective Bargaining Agreement have occurred, including Article XXV: Separation section 4, 5, 6, and 8; Article IV Management Rights; Article VI Academic Freedom; and Article VII Nondiscrimination-Harassment.


GRC Recommendations:

1.         The rescinding of the tenured faculty layoffs and the full restoration of their tenured teaching positions for the 2009/2010 academic year.

2.         The restoration of classes scheduled to be taught in 2009/2010 by the grievants. The grievants will be offered their choice of one of these methods for the restoration of their tenured teaching loads:

  • The grievant will be given her/his guaranteed teaching load for 2009/2010.
  • The grievant will be assigned the classes that were scheduled to be taught in 2009/2010 by the grievant.
  • The grievant will be employed for 2009/2010 at the number of contract units that the grievant requested to teach in 2009/2010.

3.         The grievants shall be made whole for loss of compensation, including salary, benefits, retirement and any other terms and conditions of their employment that were denied.

4.         The immediate notification to all SFAI faculty, staff, and students that the laid-off faculty have been reinstated.

5.         All laid off Faculty must be reinstated without prejudice and their personal files be cleared of all written documentation pertaining to the layoffs announced February 17th of 2009.