Cathy Wagner, Professor of English and president of Miami AAUP, takes the stand. Her testimony shows not only that faculty commonly change rank from VAP to TT or TCPL, but also that they continue to do the same work after they are permanently hired
VAPs are NOT “seasonal/casual employees,” Cathy shows. They are not hired at the last minute to “plug holes.” What our research shows is that faculty who start as VAPs are sometimes retained as TT or TCPL faculty, and it’s because we need them to teach the same courses
“It’s identical work” regardless of rank.
“Notably, the VAPs who changed rank were doing research AS VAPs—in fact, when we hire them as permanent faculty, we consider their research in the hiring process”
The university wants to argue that faculty who moved from VAP rank to TCPL or TT rank were “not retained”—-um, inaccurate. They were retained and are doing the same teaching and research they were doing as a VAP!!!
These are faculty who do very similar work as VAPs and then as TCPLs and TTs
FAM’s lawyer: “do you think faculty across ranks have a community of shared interests?” Cathy: “YES. We’re all on the front lines of teaching, service and research at Miami University.” 🔥🔥🔥🔥🔥
If the Liberal Education Council at Miami consisted only of TT faculty, and there was a separate council for VAPs and TCPLs, would that make sense? Would it be inefficient? NO.
A shared interest is NOT based on a faculty member’s title but instead the actual work they actually do — and that work is much the same across ranks
Not just TT but also NonTT faculty are active in governance at Miami—they are enfranchised by the university to participate in decision making — so why not participate together in collective bargaining? We’re a shared community of interest
If the Liberal Education Council at Miami, or any major committee at Miami, consisted only of TT faculty, and there was a separate council for VAPs and TCPLs, would that make sense?“NO. No cmte with major decision making power wd function while excluding a category of faculty.”
FAM lawyer: "Admin has argued that TCPLs are really excluded from governance at Miami. Do you think that's accurate?"
Cathy: "It's a robust involvement, actually, and regular. They are deeply involved in Senate, Faculty Assembly, President's Exec Council, etc. They are crucial"
"The union needs ALL faculty ranks to identify and address issues, to function well." #famhearings
FAM Lawyer: "Do faculty all want to be in the same unit as you?"
Cathy: "Yes."
Lawyer: "Do you want to be in the same unit as them?"
Cathy: "Very much so, yes."
Cross examination of Cathy Wagner begins by university lawyers. This should be good.
"Do you think there might be conflicts among different faculty groups during bargaining?" Cathy: "There would need to be discussion about it, yes, and we would need to develop a shared set of interests to negotiate around."
"We would have a process for doing that where we would have a bargaining survey, interview faculty to find out their needs, meet, and figure out what we wanted to advocate for. It's a part of the process. Inequities might be identified in workload, for example" 1/2
"and we would likely want to address those inequities." 2/2
"The way to put it is not 'conflict.' It's working together to figure out issues in common and to advocate for all."
"It's a negotiation between faculty and administration, not just between different ranks of faculty. Your characterization leaves out the role of administration in the process."
"there is a distinction between practice and policy at Miami in expectations about NTT faculty. VAPs, for example, in practice do research and service, just like TT faculty. Due to the decline in TT faculty, we need service covered by VAPs because we don't have enough TT fac"
"It's implicit for VAP faculty to do service and research, to be valued and their contracts renewed. The annual contract creates a strong encouragement for VAPs to do service and research."
Uni lawyer: "How often do librarians teach on the front line?"
Cathy: "Very often. Each librarian visits many faculty member's classes to do research instruction, so many class visits per week, month, semester."
Uni lawyer: "You did not personally speak to all faculty in the proposed bargaining unit about their interest in unionizing?"
Cathy: "Not personally, but as president of the advocacy chapter, I have the records and know of their support."
Redirect: Cathy is asked about the administration's 2020 nonrenewal of hundreds of VAPs at Miami. "There was a lot of dismay among all ranks of faculty at this time, and that is when we decided to unionize. There was NO DISCUSSION about this enormous unilateral decision."
"We petitioned administration NOT to nonrenew these lines, and we even offered as TT faculty to take a pay cut so they could be kept. Admin NEVER RESPONDED to us. They went ahead with the cruel firings, and during Covid, when the fired faculty were left without job or insurance"
"At BGSU, on the other hand, their union were able to negotiate the number of nonrenewed faculty down, and for severance for nonrenewed faculty. And at Oregon State, they negotiated to delay a nonrenewal (and saved ALL faculty jobs as a result)."
"There are some faculty groups that are more precarious than others. That's the administration's doing, not a union. In a contract, we're negotiating among those constraints. But the precarity is admin's doing--NOT the union. Unions do their best to limit precarity."
IPEDS has a definition for casual employees: Persons who are hired to work during peak times such as those that help at registration time or those that work in the bookstore for a day or two at the start of a session. That does NOT characterize VAPs.

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More from @famiamioh

Dec 13
Anne Whitesell, assistant professor of Poli Sci, takes the stand for FAM, explaining how she and the research team corrected the university’s data about visiting faculty. #FAMhearings
These include people who were visiting at Miami, but who moved into a TCPL or tenure line role
Anne’s takedown of the university’s methodology includes faculty who weren’t counted as retrained but who were in fact retained, and faculty who were miscategorized according to publicly available data.
Read 5 tweets
Dec 13
The university’s lawyers begin their cross examination of John McNay, who clarifies that the UC bargaining unit is roughly 65% tenure eligible and 35% non tenure eligible, and librarians are included in the unit too #FAMhearings
The university lawyer seems to believe that different ranks of faculty can’t participate in bargaining on behalf of other ranks. John clarifies “We don’t see those distinctions. We are one faculty, and we understand each other’s needs perfectly well.”
“All the faculty have academic freedom. That runs counter to what we heard yesterday,” says John. “We don’t believe that academic freedom is only for tenure-line faculty.” #FAMhearings
Read 12 tweets
Dec 12
FAM’s first witness takes the stand!!!! UC professor and former Ohio AAUP president (and national AAUP council person) John McNay! 🔥🔥🔥
FAM: “has UC been able to to address competing interests in its labor contracts?”
John: “Yes. UC is big, and complicated. Our librarians have been in the unit for 40 years. NTT faculty have been in the unit for 49 years. I haven’t witnessed any of the conflicts” 1/
“I just don’t see the conflicts that have been described in this hearing today. In fact, when Akron wanted to eliminate 100 positions, the union decided that they would negotiate to protect NTT faculty.” #FAMhearings
Read 6 tweets
Dec 12
Provost Liz Mullenix takes the stand:
“I’ve been an administrator my whole career—27 years” #FAMhearings
“My job is to support the faculty.” What about the majority of faculty who want to be unionized under a single bargaining unit? 🧐🤨
Read 10 tweets
Dec 12
Associate Vice President for Academic Personnel Ruth Groom takes the stand. She argues that VAPs are temporary faculty and that staff who also have more than 50% teaching responsibilities are staff, not faculty
The judge helpfully asked the university lawyers to “short course” their discussion of each and every faculty member in the hybrid faculty table 🐢
Read 10 tweets
Dec 12
FAM’s cross-examination of Associate Provost Cox: “Are you aware that most public universities in Ohio have a bargaining unit that includes TT fac, NTT fac, and librarians in the same unit?”
“Yes.” #FAMhearings
“Are you aware that at Cleveland State TCPL faculty just won professional leave with the support of TT faculty, and that was through the bargaining process?”

“I would celebrate that. I find that exciting. But just because it happened at CSU doesn’t mean it would happen at Miami”
“My concern is the differences in status, numbers, and workload.”

“Do you think your worry should override faculty will?”

“No, but I don’t know how many TCPL faculty signed cards. That makes me anxious.” #FAMhearings
Read 7 tweets

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