AAUP Grievances Unresolved

Grievances remain unresolved between Kent State and KSU-AAUP
By Matt Poe
Kent State University and the Kent State Chapter of the American Association of University Professors (AAUP-KSU) provided no updates about the ongoing grievances filed by the AAUP against the university claiming that Kent State’s human resources has made numerous violations against the AAUP over the last five years.
A February 2016 email from the AAUP addressed a growing number of grievances addressed to Kent State’s human resources department and alleges that human resources “has created significant obstacles to successful negotiations while simultaneously using taxpayer dollars and student tuition dollars to defend its contract violations.” The email also alleges that “policies have been implemented that are disadvantageous to LGBQT faculty and that human resources has made unilateral policy changes without the required negotiation process.”
“It is inappropriate to comment since grievances are still pending,” said Emily Vincent, director of university media relations for Kent State, when asked about the current unresolved grievances and why the AAUP continues to make these claims.

According to Article VII of the grievance and appeals procedure, a grievance is a claim based upon an event or condition that affects the terms and conditions of employment stated in governed by this agreement and that arises from the interpretation, meaning or application of any of the provisions of the agreement.
The AAUP claims that a wide variety of grievances have been filed as a result of numerous incidents which dates back to the 2013-14 academic year, which include the following allegations and claims, according to the email’s contents:
In February of 2013, AAUP-KSU discovered that HR had made significant changes to the structure of dental benefits offered in the 2013 High Option plan without negotiating these changes. The result was a significant decrease in covered services. Instead of correcting the problem, the administration disputed the timeliness and merit of our grievance. In 2014 an arbitrator found in favor of Faculty and coverage was restored.

• Health Benefits for Children of Domestic Partners (Fall 2014): A Faculty member married to a same-sex spouse was told that the spouse’s child was not eligible for medical coverage. The Association intervened and received an initial promise from President Warren that coverage would be extended. After a meeting of the Vice Presidents, the promise was rescinded. After the Association filed a grievance, President Warren met with the Board of Trustees. The University extended health care to the children of domestic partners of TT and NTT faculty effective January 1, 2015.
• Tax on Health Benefits for Same-Sex Spouses (Fall 2015): Following the Supreme Court’s ruling in favor of marriage equality in June 2015, medical benefits for same-sex married couples have the same tax status as those for opposite-sex couples and are not subject to state or federal taxation. In October 2015, AAUP-KSU learned that the benefits of a Faculty member married to a same-sex spouse were still being taxed. The Faculty member’s repeated attempts to contact HR to rectify the situation had produced no results. After the Association intervened, the situation was resolved without a grievance.
• Tuition Waivers: AAUP-KSU recently learned that the tuition waiver benefit for spouses, domestic partners and dependents is being administered to exclude all amounts over the basic tuition level, many of which are erroneously described as “special fees” not subject to the waiver. We are currently seeking an informal resolution of this potential grievance.
  The alleged violations against faculty members of the LGBQT community violates Article V, the nondiscrimination clause, while the alleged violations in the dental benefits violates Article VIII in the collective bargaining agreement from negotiations occurring during the 2015 calendar year.
  Although the email was released in February 2016, the AAUP denied to comment on its part when asked for an update on the unresolved grievances and any related pending situations.
  “We are not comfortable providing additional information about our grievance process or cases to someone who is not a member of the organization,” said Jennifer Larson, president of tenure track for the AAUP-KSU, making it unclear as to what part of the grievance and settlement process the two agencies are currently in.
  Kent State’s human resources department reported a budget of $2,637,199 for the 2015 fiscal year. No known monetary settlements have been made public at this time in regards to settlements reached for resolved grievances.
  Willis Walker, vice president of general counsel and governmental affairs at Kent State, could not be reached for comment.