eS)
STATE, OF NEW YORK :

-PUBLIC EMPLOYMENT RELATIONS BOARD JAN 2 9 1974."

7 | 2 AMENDED = are
POM PR OUP ER ERS IS ee H AR G Ee

Ri

INSTRUCTIONS: - File an original and 4 copies of
this.charge with the Director of Public
Employment Practices and Representation of the
New York State Public Employment Relations Board.
A copy of this charge. must be served upon each
respondent and party in interest.

DO NOT WRITE T

Case No.

Date Filed

1. CHARGING PARTY

a. Name: (If employee organization, give full name, including
ioc cal name and number) :

Adjunct Faculty Association :

b “Address » (No. & Street, City and ZIP eude, <7 Telephone Number: ~
.¢/o David Y, Allen: © £ O89 "(ara)" B6K=1 700°
310 Riverside Drive, Apt. 1002 ai _-ekt. 1002 >:

c: . Name and ei lew a ekpredQRPative filing charge:
‘David te Allen, Chairman

d.— Name, address ana telephone number of attorney. or other: representative,
if any, to whom correspondence is to be directed: #2
Burton H.Hall (212) -431-9114 3
4Ol Broadway ;
New York, N.Y., 10013

2. PUBLIC EMPLOYER OR ITS AGENTS AND/OR EMPLOYEE ORGANIZATION OR ITS AGENTS
AGAINST WHOM CHARGE IS BROUGHT

a. Name and Address (No. & Street, City and ZIP Code):

Professional Staff Congress of the City University of New York
25 West 43rd Street, Suite 620
New York, N.Y, 10036

b. Telephone Number: (212) 35441252

DETAILS OF CHARGE

Ww

Pursuant to Article 14 of the Civil Service Law, as amended (Public
Employees' Fair Employment Act), the charging party hereby alleges»
that the above-named respondent(s) has (have) engaged in or is (are)
engaging in .an improper practice within the meaning of Section 209-a,
subsection2(a),()) of said Act, in that (Specify in detail the
particular alleged violation, with a complete statement of the facts
supporting the charge including names, dates, times, places, etc.

Use reverse. stde and additional sheets, tf necessary.) ;
A, On or about September 25, 1973, and at various times within the four ee.
months preceding the filing of the charge, the. employee organization has deli-
berately entered into a collective bargaining agreement with the Board of Higher
Education, a public employer, which injures and diminishes the position and
rights of adjunct faculty members, as follows:

(1) dt sought and obtained elimination of provisions contained in the
earlier agreement previously entered into by the organization's predecessor with
the public employer, which provisions had limited the employer's power to arbi- —
trarily discharge adjunct faculty members, and by such elimination the employee
organization has authorized and permitted-the public employer to use in dischar-
ging adjunct faculty members the same non-specific criteria that are applicable
to untenured full-time faculty members; and HH by so doing, because of the Hajux
adjunct faculty members! shorter employment contracts and other employment |
factors, it has deliberately rendered adjunct faculty members more vulnerable
to arbitrary discharge than are other faculty members, ~

(11) It sought and obtained elimination of the "waiting list" provi-
sion contained in the foresaid earlier agreement, and thereby eliminated ree
hiring privileges of adjunct faculty members,

(111) It deliberately sought, initiated discussions Sonnsds and
obtained reater limits and restrictions upon the work load that adjunct faculty .
menbens diay Yake on than existed under the aforesaid earller agreement, limi-



3. (continuation of Details of Charge) tingm each adjunct faculty member to
a total workload of the lesser of either (a) two courses or (b) 60% of the depaz
mens average contact hour workload, and making such limitation and total Univer-
sity-wide in its application, - eae

(iv) By the provisions referred to and described in Subeparagraph (11%
ates the employee organization sought and obtained replacement of the phrase
semester hour" by the phrase "contact hour," thereby reducing the basis by whic
the pay of adjunct faculty members is computed, .

(v) The employee organization Sought and obtained a Salary rate incres
that was and is unfairly wnbalanced so as to favor full-time facalty members at
the expense of adjurt faculty members, XHXEWHEX and thereby reduced the salarxe
of adjunct faculty members relative to full-time faculty members still further t
they were reduced by the changes described in Sub-paragrapns (111) and (iv) abov

B, By these and other acts, the employee organization has Violated .ta
ts duty to represent all employees within the bargaining unit fairly and non-dis
¢riminatorily, and has failed and refused to negotiate collectively and in good
faith with a@ public employer and has deliberately interfered with, restrained or
coerced adjunct faculty menbers in the exercise of the rights granted in Section
202 of the Act, or’has caused or attempted to cause .a.public employer to do so,

Cc. T 13 SAENARAAK amended statement of charges, supersedes tl original
statement, and restates the allegations therein contained in greater particu-
larity; anda full answer to the charges here set forth may ignore the orie
ginal statement, except that the date the same was filed shall be deemed the
date of filing for this statement. ‘>. ) os |
4. If the charge alleges a violation of Section. 209-a.1.(d) or 209-a.2. (b)

of the Act, has the charging party notified the Board in writing of the
existence of an impasse pursuant to Section 205.2 of the Board's Rules

of Procedure?
yes ["]
No . [7]

5. Is the charging party available immediately to participate. ina
pre-hearing conference and a formal hearing?

“bch fyes) [Ey
no [J

STATE: OF NEW YORK )
)SS.:
COUNTY OF NEW YORK )

tef
By

David Y, Allen , being duly sworn deposes and
says, that he is the charging party above named, or its representative, and
that he has read. the:above. charge.consisting of this and _no .. additional
page(s), and is familiar with the facts alleged therein, which facts.he
knows to be true, except as to those matters alleged on information and ._ ,
belief, which matters he believes to be true. — : See ts ge

Subscribed and sworn to before me isha a a vi aa aes
“this 2hthday ofJanuary —_) 1974. 4 Se ESL