● ACTIVIST ACADEMIC Kenneth Clarke 1915- 2005 A CCNY professor CNEWSPAPER OF THE PROFESSIONALlarıon STAFF CONGRESS / CITY UNIVERSITY OF NEW YORK SUMMER 2005 in his own words PAGE 11

PENSION NEWS Union gains better retirement benefits The PSC had advocated for these changes for more than a decade. Now, less money must be kept in TIAA-CREF accounts. PAGE 12

NEW ORGANIZING Grad Center to RF: Count the votes! RF workers at the Grad Center voted in a union election stalled two years by RF appeals. Now, another appeal keeps the ballots sealed in the boxes. Workers want the RF to drop its appeal so the votes can be counted. A union victory is predicted. PAGE 3 Gregory Nemec AAUPAAUP INQUIRYINQUIRY

CONTRACT ACADEMICACADEMIC FREEDOMFREEDOM Negotiations and protests continue UNDERUNDER ATTAACKCK AT CCUNYUNY PSC members protested at various venues throughout May and June; little The American Association of University Professors will conduct an inquiry into the state of academic freedom headway was made at the table. The po- at CUNY. The AAUP cited four recent cases that raise concerns about a pattern of political interference in lice union broke the City pattern, win- academic affairs. In two cases at Brooklyn College in May, faculty members came under attack in the news me- ning 10% over two years – though much dia and the PSC came to the defense of their rights. The union called on Chancellor Goldstein to speak out in of this gain was funded by slashing pay defense of academic freedom, but he remained silent. PAGES 6, 7, 10, 12 for new hires. PAGES 4-5

AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS ● AMERICAN FEDERATION OF TEACHERS ● N.Y.C. CENTRAL LABOR COUNCIL ● N.Y.S. AFL-CIO ● NEW YORK STATE UNITED TEACHERS 2 NEWS & LETTERS Clarion | Summer 2005

WRITE TO: CLARION/PSC, 25 W. 43RD STREET, FIFTH FLOOR, NEW YORK, NY 10036. LETTERS TO THE EDITOR | E-MAIL: [email protected]. FAX: 212-302-7815. CUNY IN BRIEF The meaning of ‘non-competitive salaries’ Graduate tuition jumps At their June 27 meeting, the CUNY Board of Trustees voted to ● In the Department of Physical Godless prof at free for irreligion, it will cease to be the following: increase graduate student tuition Sciences at Kingsborough Com- free for religion.” Oath: I have never said, written, and fees. munity College-CUNY we recently spineless college Corey Robin or done anything that might be About 20 students attended to went through a search to fill an ● Back to the future: recent events Brooklyn College found offensive or inappropriate by protest the decision, and Trustee open tenure-track chemistry posi- at Brooklyn College [see page 6] the parties listed above. Lauren Fasano, the student repre- tion. The search was a success. We suggest that the following people Signed: sentative, voted against the hike. found a highly qualified candidate, would presumably be unfit to serve Loyalty oath ______For many students, the increase one with an excellent record at CUNY as a department chair: ● MEMO will amount to about a thousand prestigious institutions. Further- Thomas Jefferson: “In every To all Brooklyn College faculty: [Name withheld] dollars per year. Trustees said the more, he really wanted to teach in country and every age, the priest It is necessary to emphasize that Brooklyn College hike was needed to make up for a New York City. has been hostile to Liberty.” academic freedom does not apply to Editor’s note: The author is a de- shortfall in state funding. The candidate was heavily re- Pascal: “Men never do evil so faculty members who are elected to partment chairperson. A survey of students in Hunter’s cruited by the search committee in completely and cheerfully as when the position of departmental chair- masters in public health program our department and seemed very they do it from religious conviction.” person or to any faculty member found that 30% said they would interested in the position. He was Mary McCarthy: “... the average who might eventually wish to be Union unity have to take fewer classes. so interested that when the College Catholic perceives no connection considered for such a post. ● A very compelling reason to con- wouldn’t pay for the candidate to between religion and morality, un- Because our College must always tribute to the PSC’s recently estab- Marriage equality & fly across country for an interview, less it is a question of someone be very cautious about offending the lished Defense Fund was tucked he paid for the trip himself. The else’s morality.” University’s central administration, away in the last paragraph of “Give CUNY benefits interview went really well, and Voltaire: “The truths of religion not to mention students or their fam- Us A Fair Contract” in the May 2005 City University will now recognize everyone agreed that he would be are never so well understood as by ilies, alumni, donors, and, especially, Clarion: Former PSC President Irwin same-sex marriages performed in a great addition to our department. those who have lost the power of Fox News or the New York Sun, no Polishook was among the first con- places that confer legal status to All that remained was negotiation reason.” approval can be given for the elec- tributors to the Fund. such unions, extending CUNY ben- of salary. Denis Diderot, quoting the atheist tion of chairs who, prior to their elec- Despite differences between the efits to both spouses. I recently learned that we lost the priest Jean Meslier: “Man will never tion, may have done something con- current leadership and the former, Empire State Pride Agenda, an candidate to another academic insti- be free until the last king is strangled sidered inappropriate or offensive we should note that they both agree LGBT rights group, announced this tution. The primary reason was eco- with the entrails of the last priest.” by members of the groups just men- on the importance of the union be- development in June, after inter- nomic: Our college offered a finan- Sigmund Freud: “Religion would tioned. Whether this faculty mem- ing prepared to mount an aggres- vening on behalf of Robert Pisano. cial package significantly lower thus be the universal obsessional ber might be able to successfully sive contract campaign. In its early Queens College initially said Pisano than our victorious competitor. A neurosis of humanity; like the ob- head his or her department cannot days, the PSC had a defense fund, would have to file domestic part- salary of $20,000 a year lower, in sessional neurosis of children....” be considered relevant. and even went so far as to designate nership paperwork before his fact. The candidate wanted to live in Bertrand Russell: “I say quite de- To simplify the election process a strike date! spouse could obtain any benefits. Manhattan, and could not afford to liberately that the Christian reli- in the future, all faculty members Let’s follow the lead of PSC’s After discussions with 80th do so on the salary that our college gion, as organized in its Churches, who might wish to be become chairs President Emeritus, and make gen- Street, the college subsequently re- offered. has been and still is the principal en- are requested to answer the follow- erous contributions to the Defense versed its position. CUNY said that What institution could afford to emy of moral progress in the ing question and sign the oath: Fund. Pisano had been the first Universi- pay a salary so much greater than world.” Jay Appleman ty employee in a same-sex couple to our institution was willing to offer? One more quote for those who Question: Are you now or have PSC Chapter Chair apply for spousal benefits, and an- Columbia? NYU? might support Tim Shortell’s being you ever been guilty of saying, writ- Queensborough CC nounced that in the future all such The correct answer is: A high forced to step down as chair of the ing, or doing something that might marriage certificates would be school in the New York City public Brooklyn College sociology depart- be found offensive or inappropriate Editor’s note: To contribute to the accepted university-wide. school system. ment – this one from US Supreme by the parties listed above? PSC’s Defense Fund, contact your “It makes me feel good,” Pisano Patrick Lloyd Court Justice Robert Jackson: “The Yes______No______chapter chair or go to www.psc- told Clarion. “They’re supporting me, Kingsborough Community College day that this country ceases to be If you answered “no,” please sign cuny.org/contract.htm. my family and my marriage.” Pisano is a CUNY office assistant in the Soci- ology Department and member of AFSCME DC 37. He and his partner were married on May 5 in Toronto. TIAA/CREF funds OK’d for Malo trial drags on The trial of former Hostos student adjunct pension buyback Miguel Malo, arrested four years ago for holding up a sign during a campus protest at Hostos, has been By CLARION STAFF In testimony before the Board of adjourned until September 6. Malo, Trustees, PSC President Barbara a former Hostos Student Senate In an important change, especially Bowen stated “This change is long vice president, was arrested during for part-time employees at CUNY, overdue.” In further testimony a campus protest against cuts in the CUNY Board of Trustees at Bowen strongly urged the trustees ESL classes. He is charged with as- their meeting on June 27, 2005 to extend to part-time instructional saulting CUNY security personnel, agreed to allow participants in the staff the right to join the ORP. “Be- which he strongly denies. NYC Teachers’ Retirement System cause of the tenuous nature of ad- CUNY Action to Defend Miguel the option of purchasing their prior junct employment at CUNY,” said Malo, a support group, organized a service by using monies they had Bowen, “having the option of join- rally on June 7. Many CUNY orga- saved in their Supplemental Retire- ing TIAA/CREF would improve the nizations, including the PSC, have ment Account (SRA) in TIAA/ opportunity for adjuncts to vest demanded the charges be dropped. CREF or HRC Financial Services as and count on a modicum of after- a tax-deferred rollover. This change employment income stability, as is effective July 1, 2005. well as permitting professional Adjuncts who are currently only part-timers to manage their own Correction permitted the option of joining the accounts.” Teachers Retirement System may For further information on join- The May Clarion’s story on PSC

Lisa Quiñones purchase prior employment they ing the NYC Teachers Retirement chapter elections incorrectly listed The PSC supported immigrant youth’s right to affordable higher education at a may have had in any public agency System or the new buy-back provi- Jack Hammond as a new union del- rally on June 30 in Lower Manhattan. The event focused on passage of the DREAM in the state of New York. The cost is sion, please contact Clarissa Gilbert egate from Hunter College, and Act, federal legislation that would mandate in-state tuition at public colleges and 3% of the salary they earned at the Weiss, PSC Director of Pension & failed to list Alan Hausman as the universities for undocumented residents. It would also provide a path to citizen- time of their employment plus 5% Welfare Fund Benefits at 212-354- chapter’s new secretary and a ship for students who have grown up in this countrys. interest. 1252 or [email protected]. union delegate. Clarion | Summer 2005 NEWS 3 PSC wins big IP victory in court By PETER HOGNESS CUNY must negotiate In a unanimous ruling on June 7, a Christina Ingoglia five-judge appeals panel told CUNY Rob Sauté, Lorraine Towns and PSC Associate Executive Mary Ann Carlese met that its refusal to negotiate with the with RF President Richard Rothbard. PSC on intellectual property issues is unlawful. The judges ruled that management rights language in the expired contract Grad Center RF workers did not exempt CUNY from its duty to negotiate. They ordered the case sent back to the Public Employment Rela- cast votes on union tions Board (PERB), to decide on a remedy for CUNY’s violations. “The question of who owns, con- But ballots not yet counted trols and profits from intellectual work is as basic for our members as By DANIA RAJENDRA said. “I’ve never been a part of wages and hours,” said PSC Presi- something like this before, when dent Barbara Bowen. “This is a Workers employed by the Re- something is really at a stake.”

landmark victory for the union.” Gary Schoichet search Foundation (RF) at CUNY’s In its appeal, the RF argues that “This decision has the potential to PSC First Vice President Steve London testified about intellectual property in 2002. Graduate Center voted on PSC rep- CUNY graduate students, who change fundamentally the bargain- resentation on May 3 and 4. make up about half of RF employees ing relationship between the PSC policy “was, in every respect, sig- that management could adopt its Union supporters at the Grad Cen- at the Grad Center, are not entitled and CUNY,” said PSC First Vice nificantly more favorable to the fac- new IP policy without negotiations. ter expect a victory, but the votes to union representation. It cites an President Steve London. “For 30 ulty than the prior…policies.” The PERB’s decision cited a part of have not yet been counted. The RF is NLRB decision handed down last years, CUNY has maintained that it appeals court, however, stated that New York labor law known as the contesting the National Labor Rela- July, which determined that gradu- could unilaterally adopt policies the new policy “awarded far broad- “Triborough doctrine,” which holds tions Board ruling that ordered the ate students at private institutions concerning terms and conditions of er ownership rights to CUNY than that when a public-sector union con- election, so the ballot boxes were employment as long as they were had previously existed.” London re- tract expires, its terms must remain sealed as soon as the voting was not already covered by the contract. marked that CUNY management in effect while negotiations continue. over. They will remain impounded The court overturned CUNY’s claim “is still pleading a case that the Since Article 2 waived the PSC’s by the NLRB until the RF’s appeal is to a perpetual right to deny bargain- court rejected.” right to bargain on new subjects decided, which could be many ing on issues such as intel- When the PSC asked to while the contract was in effect, months. Paul McBreen, a research lectual property, which are Unanimous bargain on IP issues in a No- PERB reasoned that this waiver was assistant and CUNY graduate stu- crucial to our members.” decision vember 2001 bargaining ses- also extended. As a result, PERB con- dent, served as a union observer Other labor leaders rec- sion, CUNY refused. In re- cluded that if CUNY didn’t want to during the voting. All signs on elec- ognized the sweeping im- by a sponse, the PSC filed a bargain on IP issues, it didn’t have to. tion day pointed to a strong majori- portance of the decision, for five-judge charge with PERB, arguing ty for the union, he said. “It’s odd COURT BACKS UNION public-sector bargaining panel that CUNY’s refusal to bar- that the ballots will be impounded more generally. “This isn’t gain on IP issues violated the The PSC challenged this in state for so long,” said McBreen. “It does- just a win for the PSC, but for public Taylor Law. court, and the June 7 decision af- n’t seem in keeping with American employees across the state and na- The same pattern recurred in the firmed the arguments made by the ideology.” Maria Doherty tion,” said Richard Iannuzzi, the fall of 2002, when negotiations on union. Noting “the strong public pol- RF appeals have caused lengthy Sok Svay newly elected president of NY State the next contract began and CUNY icy in favor of collective bargaining,” delays throughout the entire United Teachers. State AFL-CIO again refused to discuss IP policy. the five judges said that a waiver of process; the election came two are not entitled to protection under President Denis Hughes agreed, and But in July 2003, a PERB administra- bargaining rights should not be as- years after Grad Center workers federal labor law, on the grounds added, “PSC leadership should be tive law judge (ALJ) ruled that sumed to continue after the contract first requested it. Now, Grad Center that their work as teaching or re- congratulated for persevering and CUNY was required by law to bar- expires. They went further, and con- RF employees must wait for the search assistants is considered part never taking ‘no’ for an answer.” gain with the union on all parts of cluded that the Triborough doctrine NLRB to decide the RF’s appeal be- of their education. the IP policy related to compensa- applies to employers, not unions – fore their votes are counted. However, the RF does not grant PERSEVERANCE tion or the resolution of disputes. that its goal is to protect employees Grad Center workers have peti- degrees, CUNY is a public institu- After the appeals court ruling, the Unfortunately for the PSC, this from unilateral changes in terms and tioned CUNY Chancellor Matthew tion, and both the RF and CUNY PSC immediately demanded to bar- victory was short-lived. CUNY ap- conditions of their employment, not Goldstein, who chairs the RF Board maintain that they are completely gain over IP issues, but CUNY refused pealed and in March 2004, PERB it- to require unions “to maintain the of Directors, and RF President separate employers. “The RF’s posi- and is exploring an appeal of the deci- self – whose members are appoint- status quo.” Richard Rothbard to drop the ap- tion is self-contradictory, and fails sion even before the court reviews ed by Governor Pataki – overturned The PSC’s London said that this peal, which would allow the Labor several basic tests of logic,” said PERB’s new remedial order. “Since the ALJ’s decision. has “far-reaching” implications for Board to proceed with the count. Mary Ann Carlese, the PSC’s associ- this decision was not a final order, public-sector unions. “The PSC has More than 75 workers signed the pe- ate executive director. Graduate em- CUNY cannot now appeal,” said Stu- SHORT-LIVED WIN really struck a blow for the rights of tition, which was delivered to Roth- ployees paid by CUNY are public art Lichten, counsel to PSC. “But sub- PERB did not conclude that IP is- all public workers to have a say in bard on July 11. employees covered by the PSC- sequent steps will provide other av- sues were outside the scope of col- their conditions on the job.” CUNY contract and New York’s Pub- enues for appeal, and it could take a lective bargaining. Instead, it found In his open letter, CUNY General VOTE COUNT DEMANDED lic Employee Relations Board has year or more before the case is conclu- that Article 2 of the PSC-CUNY con- Counsel Schaffer said that the ap- “We are hardworking Graduate long accepted their right to union sively resolved.” tract, a management rights clause, pellate ruling “in effect revert[ed] to Center Research Foundation em- membership. Partially in response to The dispute goes back to Septem- gives CUNY the right to unilateral- the decision of the ALJ.” He added ployees who want our rights re- the RF appeal, the PSC filed its own ber 2000, when the PSC presented ly adopt policies concerning terms that “the University is considering spected,” the statement reads. “We appeal asking the Board to reverse a CUNY with a list of contract de- and conditions not already ad- an appeal.” filed a petition for an election over prior ruling and consider the RF and mands that included provisions on dressed in the contract. Rejecting “Our position is that these is- two years ago. We do not want to CUNY as a single employer. intellectual property (IP). Two the ALJ’s view that such an inter- sues need to be negotiated, not de- wait any longer.” Despite the delay, RF workers are months later, CUNY circulated a pretation of this clause amounted to cided unilaterally,” said London. Sok Svay, a program assistant at holding meetings to determine draft of a new IP policy – without no- a perpetual waiver of the right to “And our main bargaining demand the Center on Philanthropy and Ci- which issues to press at the bargain- tice to the union. bargain and thus violated State pol- is the presumption that both vil Society, said that she had signed ing table after the votes are counted. In a June 29 open letter, CUNY icy, PERB concluded that Article 2 patents and copyrights are owned the petition and circulated it among Tuition remission and job security General Counsel Frederick Schaf- constituted a “waiver” by the PSC of by the creator, unless this is mod- her coworkers. “I want to be part of two of the biggest concerns raised fer claimed that CUNY’s new IP its bargaining rights, and meant ified through negotiations.” the team and be supportive,” she during the two-year union drive. 4 NEWS/CONTRACT Clarion | Summer 2005 Pay back for LaGuardia PBA wins 10% over two years counselors By DANIA RAJENDRA “fact-finding” on the teacher’s con- First to break City pattern tract – a form of non-binding arbitra- By DEBRA BERGEN In a break from the pattern of re- tion. (Among City workers, binding PSC Director of Contract Administration cent City worker contract settle- PBA to the pattern of last year’s While the PBA award could arbitration is an option only for the ments, an arbitration decision in contract with the largest municipal change the landscape for City bar- police and fire unions.) On June 8, In a July 1 victory for the PSC, an June awarded a 10.25% increase workers’ union, AFSCME District gaining, its full implications for other President Randi Weingarten an- arbitrator ordered CUNY to cease over two years to the Patrolmen’s Council 37 – about 4% over three unions are not yet clear. The fact that nounced that the UFT would seek in- and desist from its practice of re- Benevolent Association (PBA). years, plus a self-funded 1% from it did not follow the terms of the creases of 6% a year for three years. quiring LaGuardia Community Col- The United Federation of Teach- “increased productivity.” DC37 contract is big news. lege counselors to return to work ers (UFT), which has not yet settled The chair of the arbitra- UFT argues The uniformed unions, how- UFT HEARINGS before the first day of classes in its contract, seized on the decision’s tion panel rejected this for a similar ever, have won somewhat The UFT contract expired on September. Counseling faculty at conclusion that NYC police are un- pattern – in fact, he said he larger raises than their civil- May 31, 2003. After months of fruit- LaGuardia who have performed derpaid compared to other commu- would have preferred to settlement ian counterparts in the past. less talks, in April 2004 the teachers’ this extra work since 2002, when nities, arguing that its members grant the police a 20% in- Most other uniformed union asked PERB to declare an im- CUNY unilaterally shortened their need a substantial wage increase for crease over four years, but the law unions were actually quite critical of passe in the negotiations. The union period of annual leave, will receive the same reason. puts a two-year limit on contracts the PBA award, because of the conces- renewed this request in December, back pay. settled through arbitration. sions that are a key feature. The low- and PERB agreed. This set the “This is a major victory for the CITY SURPLUS The panel also imposed stiff er turnover rates of other uniformed stage for PERB-sponsored media- union,” said PSC Director of Legal PSC negotiators have said repeat- “productivity” concessions on the services mean that they would have tion between the City and the UFT, Affairs Nathaniel Charny. “Thanks edly that CUNY also lacks competi- union. New officers will be paid to slash the pay of new hires even which lasted two months and made to the vigilance and well-organized tive salaries (see also letter, page 2). dramatically less, earning $28,900 more deeply or add other concessions no progress. In February 2005, the activism of the PSC’s LaGuardia “The arbitrator said the City could in their first year instead of the to produce equivalent savings. Nei- union asked PERB to appoint a fact- chapter, they have now ensured afford to give a higher raise and current $36,878, and will take two ther the PSC nor the UFT has access finding panel, which held five hear- that CUNY will never again alter pointed to its $3.5 billion budget sur- and one-half years to pass the old to binding arbitration under state law ings in June. The panel is expected the annual leave period for coun- plus,” said PSC Executive Director starting rate. Other givebacks in- and both unions have said lower pay to issue recommendations for a new seling faculty unilaterally.” Deborah Bell. “We have made the cluded the loss of all officers’ annu- for new hires is not an option. teachers’ contract in September. same argument for several months.” al personal day. PSC negotiators told Clarion that DIFFERENT CALENDAR The arbitration process, which The net result is a sizeable finan- FACT FINDING they are in close contact with the LaGuardia operates on a differ- for the police officers’ union is cial gain for the police union, but At the UFT’s request, a panel ap- leadership of other City unions, and ent calendar from most of the rest legally binding, began last Novem- other uniformed unions said it pointed by the state Public Employ- will consider developments in their of CUNY and is the only campus ber after two years of negotiations. would be hard for them to come up ment Relations Board (PERB) re- contracts as the PSC plans its next with no Spring commencement. De- The City had attempted to limit the with equivalent concessions. cently began hearings in a process of steps. spite decades of past practice, in 2002 LaGuardia insisted that all counselors return to work before the first day of classes to assist with registration and refused to pay the counselors for this additional work, despite having done so in the past. Contract action springs into summer At arbitration, CUNY contended that the contract’s reference to an- “CUNY should not take the goodwill nual leave ending on the “thirtieth of its professors for granted.” That’s of August” meant that CUNY could what one faculty member said at an shorten the annual leave period. end-of-semester contract protest, But Charny argued that the Au- and that was the message the PSC gust 30 date only applied to those delivered as the summer began. campuses with Spring commence- On May 18, the union held an in- ment, and that the contract also formational picket when CUNY provides for an “equivalent time Chancellor Matthew Goldstein re- period” for annual leave. La- ceived a “Man of the Year” award Guardia’s decades-long past prac- from the Bronx YMCA. Union ac- tice of scheduling annual leave tivists met gala attendees with signs from Spring finals until the first and flyers that explained why Gold- day of classes was a binding inter- stein was not the “Man of the Year” pretation of the contract’s lan- for CUNY’s instructional staff. guage, Charny said. HOUSE CALL CUNY MUST PAY When the PSC Delegate Assem- The arbitrator, Howard Edelman, bly finished its May meeting, it sided unequivocally with the union. adjourned to hold a noisy candle- “This view makes particular sense light procession outside Goldstein’s in light of LaGuardia’s special cir- apartment building on the Upper cumstances,” Edelman wrote. He East Side. Three busloads of dele- noted that “certainly, the adminis- gates and other union activists trators at LaGuardia knew of the handed out flyers, chanted and practice because . . . [counselors] sang labor songs. David Fields, the were paid extra if they came into chancellor’s legal counsel, watched work before the first day of classes from a short distance away as he Dave Sanders in the Fall.” conversed on his cell phone. Retiree Jim Perlstein and BMCC Chapter Chair Jane Young protest Chancellor Matthew Goldstein in the Bronx. Edelman ordered that CUNY “The marriage of candles and “cease and desist from requiring noise was terrific,” said Rosalind “The faculty are not happy about graduates at commencement cere- chanting as the session was called to Counselors to report for duty at La- Petchesky, a distinguished profes- working without a contract,” said monies. At BMCC’s commencement order. Before the meeting began, at- Guardia…prior to the first day of sor of political science at Hunter Sam Sackeyfio, an adjunct in the at Madison Square Garden, mem- tendees were handed an open letter classes in September without prop- and the Graduate Center. She said math department at BMCC. “The bers distributed over 3,000 pieces of from President Barbara Bowen to er compensation.” He also ruled that building residents were “more cost of living is very high in New literature. the Board of Trustees that read, in that “CUNY shall make whole those or less sympathetic.” Union flyers York, and the percentage that part, “Faculty and staff are tired of Counselors who were required to asked Goldstein’s neighbors to tell they’re talking about doesn’t OUTREACH hearing management take credit for report for duty prior to the first day him that “CUNY needs a raise,” scratch the surface.” Union members attending the our work while failing to offer us de- of classes in September of each year noting that “all we’ve had are of- PSC members delivered the same June 27 Board of Trustees meeting cent pay, benefits and conditions.” beginning in 2002.” fers that amount to a salary cut.” message to family and friends of held up signs and marched out – DR Clarion | Summer 2005 CONTRACT 5 CUNY stonewalls in contract talks

By DANIA RAJENDRA step, but the entire staircase is go- Delegates authorize fall vote on job action ing in the opposite direction. PSC and CUNY bargaining teams Union negotiators also pointed met three times in May and June, out that thousands of PSC members but remained far apart on econom- do not benefit from step increases, ics and concessions sought by man- including about 30% who are stuck agement. at the top salary step. The union continued to press for At the DA, Bowen minced no enough money to both preserve words. “The proposal Chancellor benefits and raise salaries – but Goldstein is desperately trying to management insisted on keeping its sell the faculty and staff sacrifices economic offer in line with CUNY’s salaries for health benefits and settlement with District Council 37, leaves us with a cut in pay, inade- which does not allow for either. quate benefits and major conces- In response, the PSC Delegate As- sions,” she said later. “This is not a sembly (DA) gave the green light to a proposal in our interest.” Fall referendum on whether to autho- rize the Executive Council (EC) to call EVERY EFFORT a job action (see below). The EC will Delegates agreed, and voted to al- decide after September 1 whether low a referendum in the fall on such a referendum is needed. whether to give the Executive Coun- cil the authority to call a job action if CHAIRS AN ISSUE there is inadequate progress. The On May 24 – with City and State resolution notes that the PSC held representatives at the table – CUNY Gary Schoichet such a vote before it secured its first offered a 6.25% increase over four Amy Nicholas and other union activists outside Matthew Goldstein’s apartment building. contract in 1973. years, plus an $800 lump sum and 1% “The PSC will make every effort self-funded by union concessions. “Management’s insistence on pay. The union maintained its eco- mands are affordable. to reach a fair contract settlement CUNY refused to increase the size further concessions is the sting in nomic proposal for a salary increase In a June 22 e-mail, Chancellor without a job action,” the resolution of its salary offer. The only change in the tail of their proposal,” Bowen of 10.6% over four years, plus an in- Goldstein claimed that the annual says. It reaffirms the union’s plan to its position was the addition of 1% for added. “Ending summer annual crease in Welfare Fund contribu- increments of step increases are negotiate throughout the summer, the Welfare Fund on the last day of leave on August 22 and removing tions to stabilize the Fund and re- part of the “raises” that employees and states that the Executive Coun- the proposed contract – an amount department chairs from the union store the dental benefit. would receive. PSC negotiators said cil will not authorize any job action that in comparable agreements has would permanently change life at this was misleading, management’s unless there is majority support in a gone to pay increases. CUNY. Both are unacceptable. PATTERN UNDERMINED below-inflation wage offer would referendum. The DA passed the Management continued to de- CUNY would become a very differ- CUNY’s insistence that all mu- mean an erosion of real salaries for measure with no votes in opposi- mand that department chairs be re- ent university without the colle- nicipal union settlements must fol- all job titles. tion, and delegates voiced support moved from the union and that an- giality of elected department low the pattern of last year’s con- “Without adequate across-the- from the floor. nual leave be reduced, calling for chairs and with an even shorter tract between the City and DC37 board increases, the real dollar val- “I voted for the referendum in full-time faculty to return August 22. time for research and renewal in was undermined in June, when an ue of each of our salary steps will 1973, which not only authorized a “The union is doing everything it the summer.” arbitration decision granted raises continue to decline,” Bowen ex- strike but set a date,” said Irwin can to reach a settlement at the bar- In its June 22 counteroffer, the of 10% over two years to NYC po- plained. “If the $53,455 step had kept Yellowitz, chair of the retirees gaining table, but the Chancellor has PSC said it is willing to compromise lice, in part funded by deep pay- pace with inflation since 1972, it chapter. The 1973 referendum obviously not understood that we on several non-economic demands – cuts for new hires (see page 4). The would now be $75,000.” PSC First passed by a large margin, he said, are entitled to both real raises and but not on the fundamental econom- PSC argues that the City’s $3.5 bil- Vice President Steve London and this put the PSC in a stronger decent health benefits,” PSC Presi- ic issue of maintaining health bene- lion surplus, the highest in NYC likened it to trying to climb up a position. “This fall, we have a lot of dent Barbara Bowen told Clarion. fits and gaining a real increase in history, shows that the union’s de- “down” escalator – you move up a work to do,” he added. Resolution authorizing a referendum on job action This resolution authorizing the Executive solution to the Welfare Fund crisis, and other Committee to call a referendum was passed by essential gains in equity and due process; and the PSC Delegate Assembly on May 26: Whereas, the failure of CUNY management to Whereas, the Professional Staff Congress agree to a fair contract ultimately displays con- contract expired more than two-and-a-half tempt for CUNY students: no amount of public- years ago, and CUNY faculty and profession- ity about CUNY’s recent “renaissance” can al staff have not had a raise for four years; and make up for uncompetitive salaries, shrinking benefits and substandard working conditions Whereas, the membership and the leadership – the education of our students is jeopardized of the Professional Staff Congress have tried if the University fails to support the academic Peter Hogness in countless ways to reach a fair settlement: staff on whose work it depends; and Delegates vote. collective bargaining, direct advocacy with the City and State, organized protest and Whereas, the PSC won its first contract, in to achieve a fair settlement – participating in erendum, either by campus or union-wide, on demonstration, informational picketing, 1973, only after taking a referendum on a good faith in collective bargaining, exploring the question of whether the PSC Executive leafleting, television advertisements, political strike, and the United Federation of Teachers options for mediation and arbitration, organiz- Council should authorize a job action; and fur- advocacy with elected officials, support by na- won its 2002 contract after voting to authorize ing protests by members, conducting a public ther be it tional and state affiliates, informational cam- a future referendum on a strike; therefore be it relations campaign, working toward coalitions paigns in the workplace, and campaigns to with other unions, strengthening member-to- Resolved, that the PSC Executive Council will generate calls, e-mail and fax communication Resolved, that the Professional Staff Con- member organizing; and be it further not authorize a job action unless the majority of with the employer; and gress will make every effort to reach a fair votes cast in the referendum, conducted by se- contract settlement without a job action; and Resolved, that if the City University of New cret ballot by the American Arbitration Associa- Whereas, after more than two years of bar- be it further York fails to agree to a fair contract with the tion or similar neutral organization, are in favor. gaining and member action, the City Universi- PSC by September 1, 2005, the Executive ty of New York has failed to offer an acceptable Resolved, that the Professional Staff Congress Council of the PSC will have the authority to Passed by the PSC Delegate Assembly, May contract: one that provides real raises, a lasting will continue to work throughout the summer determine whether and when to conduct a ref- 26, 2005 8 NEWS Clarion | Summer 2005

the medic wrote. “The mortar pla- toon sergeant…told me that an IED might hit the third Humvee and he told me that I was a medic and that John Jay student killed in Iraq I was important. So he told me to go switch out with Choi who was in the By PETER HOGNESS first vehicle.” Fourth CUNY student to die in conflict After the explosion, the medic On May 28, after the Memorial Day said, “I ran as fast as I can down to parade in River Vale, NJ, a ceremony starting high school, Barsalian told he wanted to learn.” told the Newark Star-Ledger. “He the site running out of my breath. was held to remember Min Soo Choi, Clarion. “His dream was to go to the Choi was at John Jay College for felt this went hand-in-hand with Before I even got to the Humvee, it a John Jay student killed in Iraq this John Jay College of Criminal Justice only one semester, taking speech and his career aspirations.” Paolini ex- had already fallen into the canal past February. At the time of his and enter a criminal justice career,” math classes in Fall 2003. In the spring plained that Choi’s ultimate goal smashed up in two, three pieces.” death, Choi had just turned 21. He had she said. “He was such an upstand- of 2004 he decided to enlist in the US was to become an FBI agent, “and been in Iraq for less than a month. ing person of integrity that I felt this Army, and by the summer he was a that would not be something he POSTHUMOUS CITIZENSHIP A Japanese dwarf maple was was the perfect career choice.” private in the 3rd Infantry Division. would be able to do had he not be- The medic found that one of the planted in Choi’s honor, donated by Barsalian said that Choi was a On February 26, he became the fourth come an American citizen.” two badly injured soldiers was not the Korean American Association hard worker, considerate of his fel- CUNY student to die in Iraq. A friend of Choi’s, Ji Ha Lee, said breathing, and began CPR. “The and other local organizations. Speak- low students and very respectful of at his funeral that when Min Soo other was breathing really hard ers included Choi’s father, Jong Dae his teachers. “He had a great sense FINISHED ONE SEMESTER told her and some other friends with blood in his throat,” the Choi, who spoke in Korean, and Riv- of humor, and when you’re learn- “My son said he needed to serve about his decision to enlist, they medic wrote. “One had blood com- er Vale Mayor George Paschalis. ing a new language that’s very our new country,” Jong Dae Choi shouted a question at him: why? ing out of his nose and the other helpful,” she said. “And he had a said in a statement to the press “His decision wasn’t made on im- coming out of his ears. That means CAME TO THE US IN HIGH SCHOOL very relaxed manner, he wasn’t a three days after his son’s death. “He pulse,” she said. “He did not want they had injuries to their heads “What a beautiful person he nervous one.” Some students, she wanted to become an Army officer fear of the impending war to stop and possibly their brains. At the was,” said Jackie Barsalian, who explained, remain hesitant about and looked forward to becoming an him from achieving what he wanted time I didn’t even think about taught Choi in ESL classes at Pas- speaking in a language that they American citizen.” to in life.” Lee said that her friend that….I yelled, “I need a bird!” cack Valley High School. “You just haven’t mastered, afraid of making Min Soo Choi “said the military “wanted to protect the people and meaning I need a medical heli- smile when you talk about him.” a mistake. “But Min Soo was al- was something that was always on the country that [he] loved,” the copter. It came about 15 minutes Min Soo Choi came to New Jersey ways willing to talk,” she said. “He his mind,” his high school guid- Star-Ledger reported. after and we loaded both of them from South Korea when he was just was willing to take a risk, because ance counselor, Vincent Paolini, Choi and PFC Landon Giles were into the Blackhawk.” But Choi did killed by an “improvised explosive not survive the flight to the hospi- device,” or IED, while patrolling in a tal, and Giles died soon after. Humvee in Abertha, Iraq. The Min Soo Choi’s military service medic who assisted him posted an did lead to gaining US citizenship: CCNY suspends secretary again extended account of the incident on he was made a US citizen within a the website teampages.tripod.com. week after his death. He was buried “About 10 min before we got to in Arlington National Cemetery on By ELLEN BALLEISEN this IED we stopped and got off our March 7, his parents’ 22nd wedding Double penalty for protesting Humvees and just pulled security,” anniversary. City College secretary Carol Lang, arrested after she took part in a interview. “Why didn’t President him with a hard object, not her fist. campus protest against military re- Williams [of CCNY] do this before But White testified it was a closed cruitment in March, has been sus- I was suspended in March?” The fist. pended from her job without pay lack of a hearing before the initial Two witnesses who appeared on for an additional 25 workdays. At suspensions had been criticized by Lang’s behalf – Mark Turner, direc- press time, CCNY had not told Lang CCNY’s Faculty Council, the PSC tor of the Artino Laboratory for Com- when this suspension would begin. chapter and student groups. putational Mathematics, and Seth “This was a way of not only pun- The hearing began on June 2 and Rosenberg, a faculty member in the ishing me but also a way of chilling continued on June 13, with Lang School of Education – both testified future dissent at City College,” represented by DC37 attorney that they were present the entire Lang said. Leonard Shrier. CCNY’s case was time that students were being arrest- Lang was first suspended for 19 argued by Occhiogrosso, who is al- ed and never saw Lang hit anyone. workdays in March, immediately so counsel to the college In its decision, signed by after her arrest for allegedly hitting president. The hearing “A way of Vice Chancellor Brenda Mal- a CUNY security officer during the was closed to both press chilling one, CUNY asserts that protest. Lang denies that she hit and public. Tukpui and White “both anyone, and says that campus secu- Management presented future clearly identified [Lang] as rity personnel in fact assaulted stu- two witnesses, CCNY secu- dissent” the individual who struck Sgt. dent demonstrators. Her original rity officers Douglas White Tukpui,” and that “the notion suspension was indefinite, but was and Emmanuel Tukpui. White tes- that Lt. White and Sgt. Tukpui have lifted after intense protest on the tified that he saw Lang hit Tukpui falsely accused [Lang] is unpersua- CCNY campus. several times while Tukpui was ar- sive.” The decision also concludes resting a student protester, Lang that, “[g]iven that [Lang] was a staff SURPRISE told Clarion. member known to [White and At a June 2 disciplinary hearing, “White said he didn’t arrest me Tukpui], the decision to defer ad- Dean of Faculty and Staff Relations at that moment because he had to dressing her conduct until two days Paul Occhiogrosso announced that secure the students who had been later was not unreasonable.” CCNY would seek to impose an ad- arrested,” she said. “But there were ditional suspension without pay. at least 15 other officers on the ARBITRATION This was a surprise to Lang, a mem- scene. If I had really hit Tukpui… Lang says her union has decided ber of Local 384 of AFSCME District why did they wait until two days af- to take the case to arbitration; she Council 37, since there had been no ter the protest to arrest me? If I expects an October hearing. indication that CUNY would seek were really a dangerous person After Lang’s first suspension, any penalty beyond the “time who went around hitting officers, she was nominated as a candidate served” during her first suspension. you’d think that they have arrested for president of Local 384, one of Three students arrested at the me within 24 hours.” two unions representing CUNY ad- protest were also suspended by ministrative and clerical staff. CCNY in March, but faced no fur- DIFFERENT ACCOUNTS However, the local’s election com- ther sanction after their suspen- When White and Tukpui testified, mittee ruled that Lang’s suspen- sions were lifted in April. The Man- Lang said, they contradicted each sion meant she did not have a year hattan District Attorney decided other, giving different accounts of of continuous employment prior to not to press charges against Lang where Tukpui was allegedly hit and the election and was ineligible to and the students if they were not re- where Lang was standing at the run. The issue was the subject of a arrested within six months. time. The two also gave different ac- disputed vote at a June 8 member- Lisa Quiñones “The hearing began with Oc- counts of who arrested the student ship meeting, which Lang has ap- Queens College faculty, staff and students held a rally opposing the war in Iraq chiogrosso saying that it was a fact- protesters, she said. The Chief re- pealed to Local 384’s national affil- on May 9. It focused on countering military recruitment on campus. Lehman Col- finding hearing,” Lang said in an ported that Tukpui testified Lang hit iate, AFSCME. lege held its own rally the day before. Clarion | Summer 2005 NEWS & BENEFITS 9 The PSC’s junior faculty conference Our Roving Reporter asks what people thought of the May 6 union conference, “How to Survive & Thrive at CUNY” Lisa Quiñones Lisa Quiñones Lisa Quiñones Lisa Quiñones

JOANNE CHANG LINDAMICHELLE BARON DAVID HUMPHRIES FELIPE PIMENTEL CHRISTOPHER WINKS Department of Music Department of Teacher Education Department of English Department of Behavioral & Social Department of Comparative Lehman College York College Queensborough Community College Sciences Literature Hostos Community College Queens College I’m at the end of my third year, and What I appreciated most was the I went to the tenure panel and the this was the first time I’ve been to welcoming approach. There were al- one on the contract. I hope the new It was especially interesting for me I appreciated the opportunity to anything like this. When it comes to ways people ready to answer any contract will encourage new faculty because my own research is about meet other junior faculty members tenure requirements, there is a lot of questions you had. to come to CUNY the way the cur- the faculty at CUNY. Each school in within this vast, far-flung CUNY variation, and as junior faculty, we I was a member of the UFT as a rent contract encouraged me – the the system has its own culture. system – to find out about their situ- definitely need a lot of help. For in- Board of Education teacher during course reduction for junior faculty Unfortunately, only about a third ations, hear their stories. stance, my department hasn’t had the 1970s, and I always appreciated was a factor in my choosing CUNY. of the attendees were from commu- My mother was a teacher and anyone up for tenure in 20 or 30 the proactive stance of the union on There was so much useful infor- nity colleges, which was surprising AFT member and I remember her years. So it was helpful to meet oth- issues of professional support and mation about professional develop- since that’s where bulk of last year’s going to meetings and picket lines, ers who are also currently going for development. In fact, I often spoke ment – and a strong sense of com- hiring took place. And community so I’ve always had the feeling that if tenure. on professional development pan- munity and fellowship. It’s what a college faculty make, on the average, there’s a union where you work, you I’d like to see more conferences els then. union is supposed to be – not an ab- about $3000 less at every rank than ought to join it and get involved. For like this, with more time to focus on In this capacity, as a junior facul- straction, but people working to- their senior college counterparts, all that you can have criticisms of the specific questions that come out ty member, I appreciate the union’s gether, helping one another. from new hires on up. If our wages the union, it’s always best to be part of people’s very different experi- involvement in professional devel- I want to be very involved in the don’t go up, CUNY won’t be able to of it. ences. I’d also like a chance to do opment from a whole different union as a junior faculty member. attract and retain new faculty. At chapter meetings, I’ve always more networking, make more con- standpoint. Academia is a different It’s just so hard with all the de- I’m 100% behind the union on this. felt welcomed for what I could possi- nections, through the union. world, and it’s so helpful to meet mands on my time. So I really appre- I’m very skeptical of the administra- bly contribute. I’ve had a really great others in the same situation, to feel ciate having the union reach out this tion. They talk about how great first year. But I’m still waiting for supported in a professional commu- way. It makes it much easier to get CUNY is, but I think they’re really that contract like everybody else! nity, and to get a sense of what you involved. not committed to the project of the need to look towards. public university. The union is. – Kristin Lawler

dom. The AFT followed suit, de- funds are also being used to sup- WORLD claring that “boycotting universi- port the day-to-day operation of ties and their faculty is anathema the University. PICA & Medicare IN BRIEF to academic freedom” in a resolu- tion adopted May 18. PSC Presi- Aussies protest AUT boycott rescinded dent Barbara Bowen, a member of the AFT Executive Council, helped Throughout June, thousands of drug update The Association of University shape the resolution and voted to Australian academic workers Teachers (AUT), a British higher support it. protested government plans to education union, voted on April 22 curtail their rights and benefits. By CLARION STAFF Medco mail-order service to fill to boycott Haifa and Bar-Ilan Uni- PSC tsunami relief The protests, carried out by the prescriptions. versities in Israel. On May 26, after National Tertiary Education intense internal debate, the AUT funds are put to work Union, occurred in the three PICA rescinded that decision. The $2,000 for tsunami relief do- largest Australian cities and Effective July 1, the New York City MEDICARE PART D Proponents of the boycott con- nated by the PSC in January of each of Australia’s 38 public Employee “PICA” drug program The Bush administration claims tended that Haifa University had this year has been put to use in re- universities. was split in two (see the May issue that this new program will help se- violated the academic freedom of a construction efforts at Syiah Kuala The government seeks to give of Clarion). The I and C compo- niors with prescription drug costs, dissenting academic and that Bar- University in the Aceh province of more power to the university nents (Injectables and Chemother- but it is so flawed that the PSC- Ilan University was involved in Indonesia. Syiah Kuala University management over the professors, CUNY Welfare Fund does not rec- the occupation of the West Bank is the largest higher education in- and change almost every facet of ommend signing up. Eligible per- through links with a college in the stitution in Aceh, and had about academic working conditions, in- YOUR BENEFITS sons (those retired, over 65, or Part settlement of Ariel. Those oppos- 11,000 students at the time of the cluding tenure, hiring, salary, and A/ Part B eligible) will be contacted ing the boycott did so for a variety disaster. labor rights. apy medications) remain with the by Medicare and by private entities of reasons: some called the move Rahmad Dawood, a Syiah Kuala NTEU Victorian Division Secre- original plan (which at present is this summer – probably with great anti-Semitic; others contested spe- faculty member, recently reported tary Matthew McGowan said that still called “PICA”). Members frequency – in an effort to “sell” cific charges against the two to the PSC International Commit- university and TAFE staff are at should use their PICA card and the them on enrolling in the program. schools; others called a boycott in- tee that the PSC’s donation, to- the “cutting edge” of the govern- Express Scripts mail-order service “The Welfare Fund thinks that this consistent with academic princi- gether with other funds, has been ment’s attacks on workers’ rights. for these medications. The P and A plan is not in the best interest of our ples and said it would not produce used to aid in the expansion of stu- The attacks, he said, “are components (Psychotropic and members,” said Larry Morgan, the positive change. dent dormitories, rebuild homes, designed to weaken staff’s ability Asthma medications) are being re- Welfare Fund’s executive director. The AAUP had called for the and provide direct monetary assis- to bargain collectively, and the absorbed into the PSC-CUNY Wel- The Part D plan will have a $250 an- boycott to be rescinded, a stand tance to faculty and staff in need. NTEU’s capacity to defend fare Fund. For these drugs, mem- nual deductible and huge gaps in supported by the PSC member on Since tuition is not being collected staff rights and employment bers should use their PSC-CUNY coverage. Watch for more on this in its Committee on Academic Free- this year, some international relief conditions.” Welfare Fund / Medco Card and the upcoming issues of Clarion. 10 OPINION Clarion | Summer 2005

ACADEMIC FREEDOM Protect teachers and scholars

By ELLEN SCHRECKER relevant material or taking advantage of our increasingly complex world, where a activists call for a more ideologically bal- students. college degree has become a necessity, we anced campus. Nonetheless, when we un- rooklyn College does not have a Over time, the academy has created a va- cannot afford to have stunted, second-rate pack their rhetoric – whether it comes from good record in the academic riety of institutions to enforce these profes- universities. When viewed in this light, it is David Horowitz’s Academic Bill of Rights, freedom department. During sional obligations – departmental commit- clear that academic freedom is not just an Columbia’s David Project, or the New York the 1950s, at the height of the tees, faculty senates, disciplinary associa- individual right but a communal benefit. Sun – it turns out to be a demand to impose McCarthy era, it fired more peo- tions, scholarly journals, and so on. Through Historically, most classic academic free- some kind of external political controls on Bple than any other institution of higher peer review and the constant assessment of dom cases involved faculty members fired the academic community. learning. And today, although the CUNY each individual’s work, these institutions because of their off-campus (and usually administration should have learned from ensure the quality of academic scholarship left-wing) political activities. Such dis- SUPPOSED PRIVILEGE that experience, many professors fear a and teaching. Sloppy research will rarely missals, which tend to lop off an institution’s Today’s institutions of higher learning are replay in the offing. get published; poorly prepared lecturers will squeakiest wheels, pose as serious a threat poorly positioned to counter these demands. As both the PSC and the American Asso- rarely get tenure. Conflicts arise, of course – to freedom of inquiry as any limitations on Though Americans know that their econom- ciation of University Professors have indi- academics are, after all, only human – but a ic security now requires a college degree, cated, the current attacks on faculty mem- general consensus about what constitutes most do not respect the academy. Decades bers at Brooklyn College raise serious is- good work within each field ordinarily ex- of financial scrambling and right-wing pro- sues of academic freedom (see page 6). The ists. Academe could not function with- paganda have sapped its prestige, while strong statements both organizations have out it. shrinking support for the public sector issued are welcome, yet insufficient. If we Significantly, however, has forced many schools to adopt quick are to defend academic freedom at CUNY this system only fixes that undermine their academic and elsewhere, we need the intellectual am- works if the quality. They hire underpaid and inse- munition to explain why the campaign men and cure adjuncts who lack the academic against Brooklyn College by the New York women who freedom and professional advantages Sun and its allies is so threatening – and not enforce the of their full-time colleagues. They ac- just to the interests of its professors. norms of cept corporate funding that places re- the acade- strictions on research and publication. NOT EASY mic profes- And they raise tuition, year after year. This is not an easy task. All too often we sion are It is no wonder, then, that so many Amer- take our professional privileges for granted, academics icans resent the supposed privileges of the as if mouthing the magic formula “academic themselves. “tenured radicals” and “deadwood profes- freedom” was explanation enough. Two Who else possesses the expertise sors” who, they’ve been told, inhabit most things seem clear, however. First, the na- and experience needed to evaluate the qual- faculties. Nor is it a surprise that college ad- tion’s faculties need some kind of special ity of someone’s research or teaching? In ministrators, under pressure to revamp protection if they are to carry out their pri- almost every instance, when academic free- controversial departments, usually appoint mary functions of teaching and research; dom is under attack, it is because outsiders a committee or cave in. and, second, this special protection has seek to make academic judgments – a situa- come to be known as academic freedom. tion that seriously threatens the quality of OUTREACH It is related to – though not the same as – higher education. That was the response of the nation’s aca- free speech. The Constitution ensures that demic leaders during the McCarthy era citizens can express themselves without in- QUALITY when congressional investigators and the terference from the state, but it offers no There is nothing hypothetical about these FBI demanded the scalps of politically such protection against private employers. dangers. From the time of Galileo, the “tainted” professors – and over a hundred As a result, although the courts can protect suppression of academic dissenters by ex- faculty members were fired. We cannot let the First Amendment rights of faculty mem- ternal authorities has all too often impeded that happen again. The academic profession bers at public institutions like CUNY, they intellectual progress. At the height of the must fight back. cannot do so for teachers at private schools. McCarthy era, after his political enemies de- We must explain to our students, admin- Nonetheless, both types of professors enjoy nied J. Robert Oppenheimer security clear- istrators, trustees, and the rest of the Amer- academic freedom that, as we shall see, is ance, few physicists were willing to risk ican public what academic freedom is, how derived from their activities as teachers and their careers in government service. East it protects the quality of the nation’s col- scholars, not their status as citizens. Asian scholars suffered as well; the purges leges and universities, and why the current Academic freedom is a professional at- of the 1950s silenced an entire generation of campaign against it is such a threat. Un- tribute. It consists of the practices and pro- experts – just as the conflict in Vietnam was less we intervene in what, until cedures, like tenure and faculty governance, heating up. Today, because of politically Gregory Nemec now, has been a scandalously that make it possible for professors to do motivated and scientifically counterproduc- one-sided debate, we may lose their job effectively. Academic freedom is tive post-9/11 security regulations, some the political battle to preserve essential because that work – teaching and university biologists have stopped studying American higher education as we know research – must be free from external con- anthrax. And who knows how the current teaching or publication. Not only do they di- it.There is some hope. Americans do cherish straints. Scholars and scientists cannot attack on Middle Eastern studies will affect rectly violate the individual professor’s First their basic civil liberties. In almost every in- merely follow orders; the new knowledge future scholarship about that vital part of Amendment rights, but they also indirectly stance when the partisans of freedom have they produce must come from the unfet- the world? Or whether the proponents of constrict the range of acceptable discourse. steadfastly resisted the forces of repression, tered interplay of their trained minds with “intelligent design” will try to push evolu- This is what happened during the 1950s they have prevailed. Our problem is simply the data they collect. Similarly, as teachers, tion out of college, as well as high school, when dozens of college teachers (who were that until now, the academic community has academics can develop their students’ pow- classrooms? never charged with academic impropriety) been too reactive and too introverted. ers of rational and independent thinking The academic freedom that protects the lost their jobs simply for having once been We cannot talk only to ourselves. We only if they are themselves autonomous autonomy of the faculty thus also protects in or near the Communist Party. Their col- must reach out to convince the rest of our within their classrooms. the quality of American higher education. It leagues responded by avoiding controversy fellow citizens that they, too, have a stake in ensures that the professoriate controls in their classes and censoring what they academic freedom. In a globalizing world AUTONOMY those aspects of the university that affect its wrote and said. that requires an increasingly well-educated This is not to say that professors can do core instructional activities and that acade- population, we can only survive as a free, or say whatever they please. On the con- mically irrelevant considerations will not SERIOUS THREAT democratic, and prosperous society if we trary, they must conform to the mores of govern the selection and retention of faculty Such dismissals are less likely today, but preserve the autonomy of our colleges and their profession. They must operate within members or the design of curricula. When the current threat to the academy may well universities. We have no other choice. the established boundaries of their disci- outside pressures intrude, the quality of be more serious. It reaches directly into the plines and abide by the same standards of teaching and research suffers – and this en- classroom. Appropriating the traditional Ellen Schrecker is professor of history at Yeshi- evidence and accountability as their fellow dangers the vital interests of our nation. In rhetoric of academic freedom, conservative va University and the author of several books scholars (although they can, and do, push on McCarthyism, including Many Are the at the edges). And, of course, they must not Crimes: McCarthyism in America and No Ivory misuse their classrooms by propounding ir- Our work requires freedom of thought Tower: McCarthyism and the Universities. Clarion | Summer 2005 OPINION 11

IN HIS OWN WORDS Scholarship and social justice

By KENNETH B. CLARK the main post office in Wash- While they decided which CCNY (emeritus) ington, D.C. It was a boring punishment to impose, we job, sorting mail during the were asked to step outside. We Kenneth B. Clark, professor emeritus of psy- graveyard shift, from 12 mid- could hear the debate going on chology at City College, died May 1, 2005, at night to 8 A.M. My first night in the conference room. I rec- the age of 90. He was the first African Ameri- at work, I went with a fellow- ognized the voice and passion- can faculty member to receive tenure at CUNY classmate worker during the ate insistence of Ralph Bunche. – an event that did not happen until 1960. meal break to a White Tower He maintained that the discipli- Clark’s research on the development of eating-house across the nary committee must not even self-image in black children included the street. When we walked in, I consider suspending or ex- well-known “dolls test” studies, a joint pro- saw two vacant seats. I went pelling us. He argued that what ject with his wife, Mamie Phipps Clark. and sat in one. My companion we were doing was not only Their work was cited by the Supreme Court, did not take the second seat. I courageous, but essential in in its Brown v. Board of Education decision, soon found out why. dealing with America’s racial as evidence of the destructive psychological injustice. He maintained that impact of racial segregation. STUDENT ACTION Howard University would be In the following excerpt from a 1993 essay, The counterman came embarrassed if it took any neg- Clark describes how his experiences as a stu- over, shouting that I was to ative action against us. The im- dent at Howard University in the 1930s led get up. I could buy food to plications were that if the disci- him to combine academic scholarship with take out, but I was not al- plinary committee took such “the ongoing struggle for social justice.” lowed to sit and eat it. I asked action against us, he would re- him, “Why not?” He became sign. After a prolonged discus- felt very comfortable at Howard. I in- even more angry and shouted sion, we were brought back in- truded myself among the faculty. I louder that I would not be to the conference room and the talked with them out of class. By my served because I was a Ne- disciplinary committee told us sophomore year, I had learned why gro. I, too, became angry and they had decided against pun- these professors were at Howard. It did not want to leave. I felt ishing us…. Iwas because of their race that Ralph the outrage that my mother Bunche, Alain Locke, Sterling Brown, Abra- expressed at the Childs ACADEMIA ham Harris, and other outstanding scholars restaurant many years be- Bunche[’s] unmistakable were concentrated at this one institution. fore. My companion came position was that verbal ex-

I developed a curious and pervasive rela- over and said, “Let’s get out Archives, The City College of New York, CUNY pressions and concerns about tionship with these people I so highly re- of here.” He escorted me out. In memorium: Kenneth Clark combined activism and action. racial injustice were not spected. I got to know how they felt. I At that time I was taking enough. It is important that learned more about racism in academia democracy seriously. A few blocks away the were told to remove our ties and belts. The those concerns go hand in hand with rational than I had been aware of before. Howard Capitol of the United States was visible and desk sergeant asked the arresting police- and courageous actions…. University was the beginning of the persis- illuminated. As I was leaving, I looked at the men what the charges were. He was told, [He] and the other Howard professors I tent preoccupation I have had with Ameri- building and cursed. I do not believe I have “Guilty of disorderly conduct.” As the had come to know well encouraged me to go can racial injustice. ever again entered a White Tower eating- sergeant was taking our names, the captain to Columbia University for graduate work. At this stage in my personal development, house since that time…. of the precinct came out of his office and They maintained that it was essential to I became engrossed in the contradictions This was another experience in hypocrisy asked why we were there. The policemen combine academic credentials with the ca- which exist: the eloquence of American in America. I learned in Washington, D.C., in and the desk sergeant repeated the charge pacity and qualifications for activism. They “democracy” and academic hypocrisy. These the shadow of the Capitol, that democracy against us. The captain became red in the led me to believe that I was to be a part of members of the Howard faculty I respected was not to be taken seriously. This lesson face and ordered, “Take their names off the the ongoing struggle for social justice. And I all became my mentors against American stayed with me throughout my college days books. These young men should be praised, was naïve and confident enough to believe I racism. My life became dominated by an on- at Howard University. not arrested. Let them go. Let them go.” I could do it. I received encouragement and going struggle against racial injustice. I do In my senior year I was part of a group of was fascinated by his anger, by the fact that support in my decision to pursue a Ph.D. in not believe this would have happened if I students who demonstrated inside the Capi- he was white, and by his identification with psychology at Columbia University…. had attended an integrated institution. tol building. At that time, 1935, they did not the issues and goals. [At Columbia,] when it became evident serve Negroes in the restaurant. We that I was interested in the development SEGREGATION marched into the building with signs protest- SUSPENSION and complexities of racial attitudes, I was These outstanding professors made it ing this racial exclusion. I shall not forget The press carried the story. The New York gently advised…that I should not concen- very clear to me that under no circum- that a Negro attendant came up and started Times carried it on the front page. When we trate my research interest on specific racial stances should I ever accept racial injustice. pushing some of us out. He punched a few of returned to the campus the following Mon- problems. Subtly [my professors] suggested They advised me to go to graduate school us. Even though this was long before the day, we were brought up on discipline that this focus would raise political academ- and get my Ph.D. They further warned me Martin Luther King, Jr. training in nonvio- charges. The president of the university and ic problems. I accepted their advice and con- against ever teaching in a segregated col- lent protest, we did not punch him back. I felt the disciplinary committee made it clear centrated my research on the effects of so- lege if at all possible. They believed I should sorry and somewhat contemptuous of him. that by our actions we were threatening the cial attitudes on remembering…. pursue the goal of knocking down racial bar- Meanwhile, a cadre of white policemen security of the university (Howard Universi- Initially [Mamie’s] research was con- riers in institutions of higher education. came and arrested a number of us. We were ty received funds from Congress). The disci- cerned with the general problem of the de- During the Christmas holiday that first taken to the nearest police station in a pad- plinary committee said we would be sus- velopment of the self-image in children. At year at Howard, I was able to obtain a job at dy wagon. When we got to the desk, we pended or expelled for our actions. first this was not related to race. However, as her research was to be done in the segre- gated Washington, D.C., public schools, her “…to combine academic credentials with the capacity for activism.” subjects were restricted to Negro children because of her own race. Ironically, the racism of the school system made it possi- ble to discover that race and color were key Clarion SUMMER 2005 factors in the development of the sense of self in these children. When the signifi- Newspaper of the Professional Staff Congress/City University of New York, collective bargaining representative of the CUNY instructional staff. Vol. 34, No. 6. PSC/CUNY is affiliated with the American Association of University Professors, the American Federation of Teachers (Local 2334), AFL-CIO, the New York City Central Labor Council and New York State United Teachers. Published by PSC/CUNY, cance of this factor of race became appar- 25 West 43rd Street, New York, NY 10036. Telephone: (212) 354-1252. Web site: www.psc-cuny.org. E-mail: [email protected]. All opinions expressed in these pages are not necessarily those of the PSC. ent to both of us, we decided to collaborate PSC OFFICERS: Barbara Bowen, President; Steven London, First Vice President; Cecelia McCall, Secretary; John Hyland, Treasurer; Stanley Aronowitz, Jonathan Buchsbaum, Susan O’Malley, John Pittman, and conduct a more extensive study of the Sheldon Weinbaum, University-wide Officers; Michael Fabricant, Vice President, Senior Colleges; Robert Cermele, Janice Cline, Nancy Romer, Senior College Officers; Anne Friedman, Vice President, Com- munity Colleges; Samuel E. Farrell, Andrew McInerney, Shirley Rausher, Community College Officers; Iris DeLutro, Vice President, Cross Campus Units; Arthurine DeSola, Steven Trimboli, Vera Weekes, problem. Cross Campus Officers; Marcia Newfield, Vice President, Part-Time Personnel; Susan DiRaimo, Denise Ingram, Diane Menna, Part-Time Personnel Officers; Irwin H. Polishook, President Emeritus; Israel Kugler, Deputy President Emeritus; Peter I. Hoberman, Vice President Emeritus, Cross Campus Units. From “Racial Progress and Retreat: A Person- STAFF: Deborah Bell, Executive Director; Mary Ann Carlese, Associate Executive Director; Faye H. Alladin, Coordinator, Financial Services; Debra L. Bergen, Director, Contract Administration & University-wide Grievance Counselor; Barbara Gabriel, Coordinator, Office Services and Human Resources; Diana Rosato, Coordinator, Membership Department; Clarissa Gilbert Weiss, Director, Pension and Welfare Benefits. al Memoir,” in Race in America, edited by Editor: Peter Hogness / Assistant Editor: Dania Rajendra / Designer: Margarita Aguilar Herbert Hill and James E. Jones, Jr. (Univer- © 2005 Professional Staff Congress/CUNY sity of Wisconsin Press, 1993). 12 OPINION Clarion | Summer 2005 POLITICS Pension victory The PSC won a significant victory on pen- sions when, at its June 27 meeting, CUNY’s Board of Trustees agreed to policy changes Let all residents vote for members in the Optional Retirement Pro- gram (ORP), including TIAA/CREF. The most By RON HAYDUK significant change is that as of September 1, participants will only have to keep $50,000 in ore than one million adults retirement funds within TIAA/CREF upon re- are currently disenfran- tirement, to cover the cost of after-retirement chised in New York City, and health insurance premiums. Previously, a they are mostly working CUNY regulation required one-third of retire- class and people of color. ment funds to remain with the program – and MThat’s because one out of five of the newest for most retirees in TIAA/CREF and similar New Yorkers – legal adult immigrant resi- plans, this amount was substantially more dents – can’t vote. than $50,000. This includes many CUNY students, half “This is a major victory for our members of whom are foreign-born, and members of because it gives TIAA/CREF participants the PSC. These members of our community more control over and access to their own re- pay billions each year in taxes, bolster every tirement funds,” said PSC President Barbara sector of the economy, own businesses and Bowen. Changing this regulation has been a homes, serve in the military, attend and major PSC contract demand. send children to schools, and make count- In her testimony, Bowen told the Trustees less social and cultural contributions. Yet there was still more to fix with CUNY pension they cannot vote on the local issues that af- policy. She strongly urged the Trustees to fect their daily lives. This taxation without consider an amount lower than $50,000 for the representation flies in the face of democratic funds to be retained with TIAA/CREF, and principles and practice. pressed management to extend to part-time A 53-member coalition of immigrant and instructional staff the right to have the ORP civil rights organizations, religious groups, Diversecity Newspaper as one of their pension options. and labor unions – including the PSC – has Rallies are part of the campaign to extend the franchise in New York City. More details will be available at www.psc- launched a campaign to extend voting rights cuny.org and in the September Clarion. in local elections to all legal adult residents. In fact, during most of our country’s histo- cisions are made democratically. Immigrants Legislation (Intro 628) has been introduced ry – between 1776 until 1926 – non-citizens and native-born Americans have the same in the City Council that would restore voted in local, state and even federal elec- interests in safe streets, good schools, afford- low non-citizen residents to vote at various non-citizens’ voting rights and is now co- tions in 40 states and federal territories. Non- able housing, health care, and good jobs. levels. In New York City, non-citizens were sponsored by nine Council members. citizens held public offices such as alderman. Today in New York City, working-class allowed to vote in community school board But over the years, non-citizen voting was residents are being priced out of the essen- elections until the school boards were dis- HISTORICAL PRECEDENT increasingly restricted. At the turn of the tials of daily life, but public policy has done mantled in 2003. If this legislation is approved, it would 20th century, a growing working-class vote little to stem the tide. But with a million radically change electoral dynamics in the was fueling the rise of social movements working-class voters disenfranchised, it NOT UNIQUE TO NYC city. Support for CUNY, the main path to a and third political parties (Populist, Labor, should be no surprise if our city govern- Today immigrant residents vote in school college education for New York’s immi- Socialist) and threatening established politi- ment is not responsive to their needs. Vot- elections in Chicago and in municipal elec- grants, would certainly increase. That is one cal elites. At a time of rising xenophobia, the ing rights for legal immigrants would make tions in six towns in Maryland. The effort to of the reasons that the PSC Delegate Assem- ruling political class moved to impose re- our government more accountable to restore immigrant voting rights in New York bly passed a resolution in support of immi- strictions on the right to vote, including the everyone who lives here, and would help City is not unique: there are similar cam- grant voting rights in October 2003. elimination of immigrant voting. stop our city from becoming just a play- paigns in over a dozen jurisdictions in the Citizens understandably question why ground for the rich. US, including in Massachusetts, Maine, Min- immigrants should be able to vote before UNLIMITED FRANCHISE Shouldn’t non-citizens just become citi- nesota, California and Washington, D.C. they take the Oath of Allegiance. To many These limits on the franchise were im- zens to gain the vote? The coalition sup- The immigrant rights movement is part of Americans, voting is the essence of citizen- posed around the time that Jim Crow legisla- ports efforts to facilitate naturalization, but today’s civil rights movement, and resident ship. But non-citizen voting in American tion was being adopted in the South, and the it takes immigrants an average of 8 to 10 voting is the suffrage movement of the day. elections is hardly new. It is a long-standing two often overlapped in content. Decades lat- years to become citizens. It used to be much New York, home of the Statue of Liberty and part of US history and contemporary prac- er the civil rights movement swept away easier, faster, and cheaper to facilitate natu- Ellis Island, symbolizes America’s past and tice. In fact, the idea that non-citizens should many of these obstacles, but its work re- ralization, but anti-immigrant policies at the future as an immigrant nation. How appro- have the right to vote in their adopted com- mains unfinished. Nationally, 12 million vot- federal level mean that the current backlog priate it would be to affirm this role by munities is older and was practiced longer ing-age legal immigrants remain disenfran- is not going away any time soon. Opening lo- restoring non-citizen voting in our great than the idea that they should not. chised. In some NYC council districts, over cal elections to legal immigrants would still city’s elections. By doing so, New York would Early American notions such as the social 40% of adult residents can’t vote. Denying le- leaving plenty of incentives to become a citi- update our democracy for this global era. contract, which posits that legitimate gov- gal immigrants local voting rights reduces zen. Citizenship would still be required for ernment rests on the consent of the gov- government accountability and undermines state and federal elections – and there are at Ron Hayduk teaches political science at the erned, made non-citizen voting a logical way the health of our democracy and legitimacy least ten rights and privileges that immi- Borough of Manhattan Community College to encourage newcomers to build a stake in of our public policies. grants gain when they naturalize; voting is (BMCC), and he co-directs the Immigrant Vot- the emerging republic. Voting rights were We’re a stronger society when everyone only one. ing Project (www.immigrantvoting.org). not originally tied to citizenship: voters only participates, because we all benefit when de- At least 22 countries around the world al- had to be white, male property owners. Here If you would like to help support Intro. 628, in New York, non-citizens voted in local and contact your Councilmember and urge them to state elections until the early 1800s. One million adults are disenfranchised become a co-sponsor.

Professional Staff Congress/CUNY NonProfit Org. 25 West 43rd Street U.S. Postage New York, New York 10036 PAID 15–MINUTE ACTIVIST New York, N.Y. Permit No. 8049 Support academic freedom Tell Chancellor Matthew Goldstein to If he won’t tell the public why high- publicly support academic freedom. quality research and teaching require In two recent cases at Brooklyn freedom of thought, then academic College (see pages 6 and 10), distort- freedom at our institution is in danger. ed press attacks on CUNY faculty Log onto www.psc-cuny.org and created a climate of fear on campus. click on ACT NOW to send a letter. It’s Well over a month ago, the PSC a way to affirm the PSC’s commitment asked the chancellor to speak out but to academic freedom, and to ask the THIRD CLASS MAIL he has remained silent. chancellor to do the same.