Given the number of members of this board who either have studied at NYU or benefited over the years from film scholarship there, I hope you will allow me to post this message about labor struggles at the university (which do threaten dire consequences for Cinema Studies which employs a number of graduate assistants): Dear Colleagues, NYU is a state of crisis and right now outside support (and outrage at the University's actions) is crucial. I write to ask you to take a few minutes to write an email to NYU President John Sexton to protest his actions in punishing graduate students and decimating graduate education at NYU. The administration issued an ultimatum on Monday that if Graduate Student TAs are not back on the job by this coming Monday, December 5, they will lose all of next semester's funding. If they do end the strike, but then decide to go back out on strike next semester, if they miss teaching a class without approval of the dean, they will be suspended from TA assignments and suffer the loss of funding for the following two consecutive semesters. As many faculty have pointed out, this constitutes a kind of blacklist. Many NYU graduate students are now contemplating leaving the university in the face of this brutal response. Sexton's threat is unprecedented. Graduate student employees have struck at many other universities, but nowhere have such Draconian reprisals ever been taken. Moreover, to date American workers retain a right to strike. While employers may well withhold wages during a strike, punishing strikers for a semester or a year into the future is illegal. I have pasted Sexton's letter below. If this threatened punishment is allowed to happen it will set a disastrous example for democratic debate at universities throughout the country. It would also cause irreparable harm to the reputation of NYU. We believe it will make it much for difficult for the university to recruit and retain the best faculty and graduate students. This threat follows a series of actions that have consistently violated rules of faculty governance. The university recently created a policy to give pass/fail grades to students this semester without consulting professors and a few weeks ago administrators infiltrated class Blackboard sites without the permission of those class professors. During the now 3-week strike, hundreds of faculty have been teaching their classes off campus to honor the picket line, and many attempts at mediation have been rebuffed by the administration. Teaching assistants at NYU won the right to unionize in 2000 and have operated under a three-year contract during which time they won health benefits and a stipend increase and the university ran quite smoothly. In the summer of 2005, released from the obligation to negotiate by a new Bush-appointed NLRB, the NYU administration un-recognized the union and has been refusing to negotiate with it. Hundreds of faculty have formed a group, Faculty Democracy, to protest President Sexton's policy and to push for greater administration consultation with faculty on important decisionsa consultation which, if undertaken seriously, might have prevented this whole debacle. Information about this group is at http://www.facultydemocracy.org/. Please take a few minutes to write to NYU President John Sexton and urge him to drop his threats and agree to negotiate with the union. Please also feel free to let him know that you will not recommend NYU's graduate programs to your students. Indeed, many faculty members have said that if these threats are carried out, they will no longer recruit graduate students to study here. Also CC the letter to the chair of NYU's trustees, Martin Lipman and to Michael Palm, head of the graduate union, and send it to me. Here are the emails: [log in to unmask], [log in to unmask], [log in to unmask] Many letters have come in to Sexton in the last 48 hours from scholars around the country. I have pasted some of them (as well as Sexton's letter) below. Many thanks, Dana Letters of Support__________________________________ Dear President Sexton: I have recently had cause to read about the predicament of TA's at NYU, about their strike and your dealings with them over the matter of their union membership. I find the accounts appalling and write to register my disapproval of your actions. The right to association -- including union membership, whatever one might think of its effects -- is a fundamental element of democracy and US citizenship. Any attempt to prevent the exercise of than right is an offence against democracy and basic human rights. When this happens in universities, our last remaining (thought deeply threatened) bastions of free speech and political openness, US society is in trouble. Which, of course, it is at present: all the more reasons for our institutions of higher education to behave as something more than base corporations. In light of your actions, and until a satisfactory resolution of the matter, I shall strongly discourage any of my students to enroll at NYU. Furthermore, I shall not accept any invitations to scholarly activities in the institution, and will encourage all my colleagues at the University of Chicago and elsewhere to do the same. Sincerely, John Comaroff Harold H. Swift Distinguished Professor of Anthropology and the Social Sciences, University of Chicago Senior Research Fellow, American Bar Foundation From: Eley, Geoffrey : Simply stated, Im appalled by the current state of affairs at NYU. At the University of Michigan, our Graduate Student Instructors have enjoyed collective bargaining rights for some two decades, and their organization, GEO, has a legitimate and accepted place in the normal life of the institution. The Universitys willingness to see it as such has been a crucial element in the general excellence of the institutional climate I and so many of my colleagues have come to value so highly. I would like you to understand how badly your current stance is damaging the good standing of NYU as an institution of higher learning. In good conscience I could never advise any of my undergraduates remotely to consider applying to one of your graduate programs. I have been on the faculty of the University of Michigan since 1979 and value enormously the willingness of our central administration to respond responsibly and respectfully to the efforts of our Graduate Student Instructors to organize themselves collectively. Given the benefits so palpably accruing to the efficacious functioning of the institution, a failure to have appreciated the importance of the contribution this can make to the general wellbeing would have been extraordinarily short-sighted and self-defeating. I should emphasize that I am writing to you purely in my personal capacity as a concerned citizen of the academy. Sincerely, Geoff Eley Geoff Eley Sylvia L. Thrupp Collegiate Professor of Comparative History Professor of History and German Studies Chair, Department of German, Dutch, and Scandinavian Studies University of Michigan From: Anna Marie Smith Dear NYU Administrators, I write to express my concern about the position being taken by NYU on the graduate student union's current strike. I understand that you have issued an ultimatum to your graduate students -- that they must stop striking or risk losing their stipends and teaching eligibiity. As a faculty member, I understand that the support we offer to graduate students is already shockingly inadequate, and yet we depend upon their labor as our co-teachers, graders, lab techs and so on to educate our undergraduate students. Your university took the honorable position in 2002 when it recognized GSOC as a collective bargaining unit. Now the very entity you so recently recognized wants to negotiate a new contract, and yet you are trying to withdraw your recognition. Further, GSOC has conducted a proper strike vote, earning an impressive 85 % backing. I also note with concern the lack of consultation with faculty members in your recent efforts to pressure GSOC to call off the strike. NYU is a leading institution of higher education. In the last few years, Cornell and Harvard have taken steps to address the needs of our low-wage support workers. After intensive living wage campaigns were mounted at Cornell and Harvard, the leading administrators responded positively; they did not want their institutions to become known as unfair employers. The tactics and positions you are taking diminish the reputation of your university. I urge you to return to your already established position, namely full recognition of GSOC; to conduct appropriate contract negotiations with GSOC as a bona fide union; and to work towards the enhancement of democratic consultation with your own faculty. Sincerely, Anna Marie Smith Associate Professor of Government Cornell University _____________________________________________________________________ President Sexton, As a longtime member of the Rutgers university faculty, a public university where both full-time faculty and TAs and GAs have long been unionized I was appalled by your letter to TAs. Union busting may get you a few more dollars from trustees and wealthy conservative donors, but it will get you nothing but contempt among most faculty and graduate students both here and abroad. After a long letter filled with very old fashioned sophistry, and modern examples what the late philosopher Herbert Marcuse called repressive tolerance for those who "disagree" with your position, you give those on strike a December 5 deadline and threaten to remove the stipends of those who continue to strike. Then, you go behind Marcuse, beyond even the prison warden in the old movie Cool Hand Luke, who drones on and on that all the grievances of the prisoners are about a "failure of communication," and offer post December 5 strikers the possibility of applying for loans That is worthy of Woody Allen or perhaps GW Bush. Norman Markowitz _______________________________________________________ I had e-mailed you earlier protesting your administration's anti-union conduct with respect to the strike of the Graduate Students Organizing Committee. However, through an addressing error, my e-mail failed to reach you. Since then I have been further outraged by your threat to blacklist striking graduate students. I think you should know that the Robert F. Wagner Labor Archives and the relationship it has established with the labor movement has enabled your university to enjoy an enviable reputation with that community. That relationship is now seriously threatened by your administration's shameful use of an anti-union decision issued by a Bush-dominated Labor Board to terminate recognition of the bargaining agent selected by the graduate students. I have more than a passing interest in this matter. Just a day before the strike began, I delivered about fifty books on labor, African-American and women's history written by my late brother, Dr. Philip S. Foner. I also have been responsible for persuading a number of trade union leaders and academics to store their papers at the Wagner Labor Archives, as I have done myself. I also was able to persuade Mr. Herbert Kurz of the Presidential Insurance Company to move the papers of the late Dr. Frederic Ewen to the Wagner Archives and to contribute generously to the library for their upkeep. Among the prominent educators whom I was able to convince to deposit their papers at the Wagner Archives is the world-famous mathematician, Irving Adler. If your administration persists in its refusal to bargain with the union of the graduate students' choice, I shall have no choice but to remove my papers from the Wagner Archives and to urge all those I have influenced to do likewise. I shall also feel impelled to urge the leadership of the large Social Service Employees Union, Local 371 of the American Federation of State, County and Municipal Employees to halt the arrangements it is pursuing for the deposit of all its papers in the Archives. I hope you will consider the consequences of having New York University recognized as an anti-union, strike-breaking institution and that you will be moved to Henry Foner, Retired President, Fur, Leather and Machine Workers Union President, The Paul Robeson Foundation Co-director of www.laborarts.org Member of the Editorial Board, Jewish Currents magazine.. ___________________________________________________________________________________________ Dear President Sexton, NYU, Many academics around the world now are aware of the Graduate Assistant strike at NYU and their interest in negotiating a fair contract with university management. However, I note your communication to the GSOC which includes the following statement: "Absences not approved by the dean will result in suspension from assistantship assignments and loss of stipend for the following two consecutive semesters. Graduating students will be assessed comparably." In plain English this is unfortunately a blacklist for those exercising their collective bargaining rights. Your interest in creating good relations between administrators and GAs is commendable, but I would urge you to back this up with positive action rather than threats of this type. NYU has a long tradition of progressive scholarly activity and teaching. I would hope that you would continue this tradition rather than damaging it by reconsidering your position. Negotiating in good faith is certainly a better way to achieve agreement that is mutual and that will then end the strike. My interest in this current development at NYU is related to my publication and research on labor history based in the New York City area ("Organizing the Shipyards: Union Strategy in Three Northeast Ports" - Cornell University Press), as well as my active membership in the National Tertiary Education Union of Australia, which has a branch at Flinders University. I am fully aware of the particular needs that universities face regarding delivery of teaching and the "duty of care" regarding our responsibility toward students. I also am fully aware of the basic right to strike when an employer does not act in good faith, which is fundamental to human rights internationally. Academics should be most aware of these rights, given the nature of our work. I trust you will consider this perspective and move toward a more reasonable position. Yours, Dr. David Palmer, Senior Lecturer American Studies, Social Sciences Flinders University Australia Sexton's Letter______________________________ Dear Graduate Assistants, Your admission to NYUıs graduate programs represents recognition of your potential to be part of the next generation of intellectual leaders, as men and women who will fill the ranks of university faculty throughout the world, as individuals who will lead lives devoted to advanced inquiry. In providing you with financial aid and the opportunities and responsibilities of assistantships, we hope to help prepare you for that life. We recognize that for some of you there is an unfortunate disparity between the ideal and the reality. In some instances, assistantships have not been structured to accomplish what we want: to enhance professional development. There is always a delicate balance between matching undergraduate curricular needs with the academic and scholarly interests of those who teach; in the case of GAs, we have not always achieved that balance. While this is not true in every department, it is true in some. Our exchanges with one another have been shaped by this reality and the mistrust engendered by it. We know we must work to bridge the gulf that has developed, and to align our realities with our ideals. The recent announcement within Arts and Science limiting assistantship responsibilities in languages and literature departments to one stand alone course per semester is a first step. We know we must take others, but these academic decisions are best determined by schools and departments. The University will commit resources in support of these efforts. Moving closer to this ideal, however, will be difficult without restoring an atmosphere of mutual respect and good faith within the University community. We appreciate that for some GAs a collectively bargained contract, driven by a union, provides a greater sense of security; for them the Universityıs August decision to move ahead without the union was wrong. For them and others, the changes to the student health plan and the errors surrounding Blackboard created doubts about the Universityıs good will, when both of these issues could be understood quite differently in an environment of mutual good faith. For my part, I will not repeat the challenging history that contributed to the Universityıs decision to work directly with our graduate students rather than through the intermediary of a union. Suffice it to say that we accept that, as we move forward, the burden is on the University to create an environment of trust as we aim to achieve the ideal. To this end, we propose the following pathway: for all current and incoming graduate assistants, the University will offer written contracts based upon their appointment letters. From our perspective, these commitments already are binding; nonetheless, we will proceed to document them in a manner that makes clear to all that these contracts obligate the University and are legally enforceable. These contracts will detail the terms described last summer, including: $1000/year minimum increases in stipends for the 2005-06 academic year (already enacted), as well as 2006-07 and 2007-08, plus the publication each April of the next three yearıs stipends; continued payment by the University of 100 percent of health care premiums for the comprehensive student health insurance plan; and full tuition remission. But there is more work to be done, and much of it must be driven by graduate students themselves. Since the beginning of the fall semester, two groups of graduate students have set to work on matters of importance to graduate students generally, and graduate assistants in particular. The Graduate Student Working Group is crafting a rights-and- responsibilities compact that will provide a basis for defining the relationship between graduate students and the University. The Working Group is also formulating a permanent grievance procedure for graduate students to replace the interim procedures presently in place. Some members of the NYU community have expressed concern about the fairness of a grievance procedure that ends with the Provost, a University official. While we must await the Working Groupıs proposals, we are open to any suggestions they may have regarding how members from the academy outside the University might play a role in this process. The Graduate Affairs Committee of the Student Senators Council has also started to address economic and benefit issues affecting graduate students in general and GAs in particular. Again, we must see what this group proposes; were it, however, to offer a new mechanism that would enable graduate assistants elected at the department level to act as representatives of all GAs in annual discussions of stipend levels, health care benefits, and other matters of importance, we would embrace that as part of our university governance procedures. Lastly, I wish to talk about the strike. Many GAs have continued teaching, others have taught at off-campus locations, and still others have not been teaching. I believe that those striking have been acting out of conscience. Though I fervently disagree with their decision not to teach, I do not think they made this choice lightly. But however strongly felt a graduate assistantıs act of conscience may be, it should not be pursued any longer at the expense of undergraduates. So far, those who have been on strike have been able to act out of conscience without experiencing consequences for their actions; instead, the burdens have fallen on departments, faculty, and, in particular, our undergraduates. Because graduate assistants are also our students, those on strike have continued to receive their stipends, they have continued to receive free tuition, and they have continued to receive free health insurance. Their points have been made and heard. The time has come for the University to insist that the academic needs of its undergraduates be met. All of us should share a deep commitment to meeting these needs. Those undergraduates in classes affected by the strike are understandably anxious about the disruption to their studies. Such disruption must not continue. I thank those who have been teaching, and I ask those who have not to return to the classroom. For those graduate assistants who resume teaching and other assistantship assignments by Monday, December 5th (or the first class meeting thereafter) at the assigned times and places, and who fulfill all assigned responsibilities for the remainder of the semester, including grading, there will be no consequences. These GAs will be eligible for teaching and other assignments by the department for the spring semester. This amnesty represents a balance between our respect for the principled positions of those choosing to strike and our obligation to undergraduates, who have a right to complete their semesterıs work and experience no disruption in their courses next semester. Because we take both responsibilities seriously, graduate assistants who do not resume their duties by December 5 or the first scheduled teaching assignment thereafter while experiencing no consequences for this semester will for the spring semester lose their stipend and their eligibility to teach. For those graduate assistants who return by December 5th and accept a teaching assignment for the spring, this acceptance comes with the commitment to meet their responsibilities without interruption throughout the spring semester. Absences not approved by the dean will result in suspension from assistantship assignments and loss of stipend for the following two consecutive semesters. Graduating students will be assessed comparably. None of the striking graduate students will have their ability to continue their own studies affected. In all cases, their tuition and health benefits will remain in place, and where the suspension of stipend would create economic hardship, loans will be provided to students upon their request. For those who will be satisfied with nothing less than a union, I know it will be a disappointment that the University will not recognize GSOC/UAW as the collective bargaining representatives of NYUıs graduate assistants. I nonetheless hope that we share a goal to make graduate education at NYU better, even if we differ about the vehicle for achieving this, and that we can come together around this goal. This has been a difficult and rancorous semester. While I do not condone what has been done by those who have been striking, their actions have caused us to take a hard and unflinching look at ourselves and our practices, and these self-examinations will lead to significant, enduring improvements. I hope that in this spirit we can work together to complete the semester and rebuild the trust we need. ---- Screen-L is sponsored by the Telecommunication & Film Dept., the University of Alabama: http://www.tcf.ua.edu