Monday, October 29, 2007

Branch President’s Report, AUS Canterbury Branch AGM, 25 October 2007

Colleagues,

2007 was the “almost year”. This year we almost achieved our wage targets for academics and general staff through the Tripartite process. We almost completed an amalgamation between AUS, ASTE and TIASA. We almost joined hands with the Senior Management Team (SMT) in a Department of Labour-facilitated project under the Partnership Resource Centre programme.


The almost year comes after a decade of declining wages in real terms, and eroding working conditions. All in all, the ‘almost year’ has been a good year for the Association. And on the local level, we have progressed in some areas and not in others.

In some ways, 2007 was not so different from 2006. Unfortunately, we still seem to be struggling with SMT’s contribution margin mechanism for distributing resources around the University. For some, it appears to be a way to concentrate wealth into a surplus which may be spent without much consultation with the university community. As the margin shifts from year to year, new and different units come under financial stress.

The College of Arts seems to have lost that lottery two years in a row and its financial viability was again threatened in 2007. But unlike the Campaign in 2006, this time we were working with a new Governance Group composed of many staff from our ranks, and infused with a desire to consult. The College of Arts was joined by the College of Science in calling for a need to trim its budget and signaling possible redundancies. Members in that College accepted a rationale for review, but considered the most important element of that review to be decisions made at the very top of the management structure. So far, that consultation process has not gone quite as well. In the next few months, members will have to keep a close eye on the College of Science Review.

A legacy of the 2006 College of Arts Campaign was a stronger working relationship between the AUS and the students. We protested side-by-side on the library steps in 2006. The Branch executive has been meeting regularly this year with UCSA president Belinda Bundy. Together, we are breaking the old management tactic of pitting student against staff, with any proposed increase in student fees being blamed on staff demands for fair wages, and any decrease in student fees used to threaten staff with redundancies. UCSA and AUS are forming very similar views on the draft IP policy, too. It has been a joy to work with Belinda and the Branch looks forward to working closely with the next student administration.

The legacy is also a lesson for us as a community of staff. We must continue to work across arbitrary college and unit boundaries. The cost of poor management in one section of the university will be paid by all of us. Do not yield to the divisions that isolate and weaken us as a collective force.

At management’s initiative, the Branch entered into 3-way negotiations to participate in a Department of Labour Partnership Resource Centre programme designed to create a space for unions and management to work toward a common goal, learning more about working together. Hopefully, the project would help us to learn how to avoid any unnecessarily destructive behaviour in our interactions. Talks have been ongoing for about a year. We agreed to work together on staff professional development issues. But only days from the launch of the project, Senior Management withdrew, at least for now. The Department of Labour has not given up on the project, and neither has the Branch, so we have again stated to SMT our willingness to enter the project, provided that they understand we enter as equals.

The year is far from over. We have before us for discussion the draft policies on intellectual property and study leave. Perennial issues dog us, such as the effect of the banding system on general staff.

Following this meeting, there is a staff forum on IP. I encourage you to attend. You will know from the series of meetings, emails and papers on the blog that IP is an issue that affects each and every one of us. Intellectual property can arise from innovation in any work assignment, so this policy has implications for both general and academic staff. It also has profound implications for students.

The AUS position on the draft IP policy is now very clear.

  • We believe that staff and students with entrepreneurial interests should have the option to transfer their IP rights to others, including the University, but on terms that are negotiated.
  • We believe that anyone who profits through exploitation of IP developed through a contribution from the public purse should be obligated to return a fair proportion of the profits back to the public, via the University in this case.
  • All staff and students, whether entrepreneurial or not in their goals, should also have the option to not transfer their rights to anyone. To not have this final option is to remove a fundamental entitlement of academic freedom, and to undermine the effectiveness of the academic as critic and conscience of society. Thus, this policy in our view and the view of our legal team, is contrary to the principles of the Education Act 1989.


Allied with the students, we should be able to move SMT’s position on IP to one that is both fair to inventors and far more effective at achieving financial rewards that might flow from IP. This position would continue to recognise and properly prioritise the public mission of teaching and research above all else while also facilitating select commercial objectives.

While the issues I’ve been recounting involve our employer, some changes to our community are also from within. Nationally, our AUS colleagues have stated a strong preference for amalgamating with our colleagues represented by the unions ASTE and TIASA. ASTE has also made this decision but TIASA voted against amalgamation. Your Conference next month will chart a course for how we proceed from this result. Conference delegates will be looking for your guidance on this issue. We will be holding a meeting on 15 November for members to discuss Conference amongst other issues.

Before I conclude, I’d like to make a few personal comments and observations.

First, I would like to thank all of those who have contributed in so many ways to the work of the AUS at Canterbury over the last year.

I’d like in particular to thank those who have served on the branch committee and are now stepping back: Angela Davies, Jo Diamond, Philip Ferguson, and Karen Morgan.

I thank all those who have agreed to join or continue their involvement in the branch committee.

I’d also like to thank AUS staff who have made our life at the local level so much better – Carol Grant, Marty Braithwaite and especially our organiser Matthew Fitzsimons. This has been a busy year with a constant stream of reviews and, in addition to the usual number of personal cases the organiser works on, many more cases of negotiating severances. We are lucky to have someone of Matthew’s experience, and someone who is such a talented strategist. Matthew has also made tremendous contributions to recruitment both personally and by facilitating the engagement of Kevin Aitken, who has been traveling from branch to branch to meet with potential members. I could not hope for a better organiser and, as Matthew will tell you, I am very much in need of organization. Thank you, Matthew, for work well beyond expectation and at considerable personal sacrifice.

We have all lost valued members of our collective over the year. Regardless of the causes, each and every one was valued and is missed. We wish you all the best in your lives beyond the university, and in some cases, beyond this earth.

Second, I want to say how proud I am to have served this year as the Branch President. The Canterbury campus is the most densely organized branch in the AUS. We are union people and we prove that the union is compatible with the greater interests of society that we serve.

But we have something else. From our ranks we have produced yet another National President – Maureen Montgomery. Also joining the national executive will be Helen Kissell as Library Vice President. Both of these women are dedicated over-achievers and I thank them both for choosing to donate their talents and time to the collective. Please join me in congratulating Maureen Montgomery and Helen Kissell. These two and others not mentioned demonstrate our depth and maturity as a Branch of the AUS.

For my part, I will help our new co-presidents to transit into their roles. I’ll serve out my term through April, and then Aditya Malik and Emma de Lacey will lead the Branch further and faster than I ever could.

Finally, I would like to mention a person who has been a mentor to me, a rock during my time as president, and a steadfast friend of the AUS. When I took up the call late last year, I was hesitant. I wasn’t ready. It wasn’t the right time to take on the job. All the normal insecurities and excuses. Generously, immediate past president David Small agreed to share the transition to make it easier for me. Our co-presidency was a split term, with me in training till April and taking the reigns from then. This generous spirit characterized David’s history as president. He shared the position with Tanya Grant before continuing in the role as president for two more years. He lead the Branch through some of its most tumultuous times: the industrial action of 2005; the College of Arts Campaign and College of Education merger in 2006; over 20 restructuring proposals in 2006; and the contentious amalgamation with ASTE that also began last year.

As you know, David was also a candidate for national president. Both David and Maureen showed us through their campaigns how deeply committed they both are to AUS and their colleagues, how passionate they are to serve. One of the things I hate about this process, though, is that those who do not pick up the national office they seek are lost for the national executive altogether. David vacated his seat as Academic Vice President to run for President. But it would be a tragedy for us to lose David’s energy, brash independence and fortitude on the national level for long. David, I hope that you will have a well deserved rest from the spotlight, but this is not the time to consider retirement! The vote was large and vindicating for both candidates. What you have proved is just how much talent we have at this Branch. You still have much you can achieve through your leadership of AUS in positions still to come. Please join me in thanking David Small.

This has been a good year, not an almost good year. Let’s celebrate what we have achieved together. Remind your colleagues that the collective functions best through unity and participation, so encourage them to come to meetings and be active. Thank you for the support you have shown my office and the Branch, and the very best to you over the summer.

Jack Heinemann

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Thursday, September 27, 2007

Piracy on the UCs


The University of Canterbury has released a new draft policy on intellectual property (IP) which, according to the Association of University Staff (AUS), is a sea change in the way staff and student rights are recognised and which puts the primary mission of the University as a public-good institution at risk.

AUS Canterbury Branch President, Associate Professor Jack Heinemann, says that under the draft policy the University’s senior management is claiming all ideas, concepts, improvements on existing products and all other developments that would normally be patented are now automatically University property.

AUS is concerned that the University could force the commercialisation of IP, or on-sell the rights to parties, even where the creator objected on moral or other grounds. Further, the University could prevent creators from pursuing their own ideas privately or with another employer even after leaving employment with the University. Heinemann believes that “even Blackbeard would be taken aback by this audacious plundering of individual property by the corporate identity of the University.”

Should the University decide an idea is patentable, it can prevent staff from publishing or talking to the media. In the short term, when harm to society and public health may not be provable, Professor Heinemann worries that staff will be under an obligation to put the profit motivations of the University before their obligations to what they might believe is the public good.

Professor Heinemann said that, if any financial proceeds arise from IP that was created wholly or in part with support from public funding, then the staff or student creator(s) should be bound to share the rewards of commercialisation with the University, and should be so bound indefinitely. But this should not entail forfeiture of ownership rights.

Existing policy allows the University to commercialise IP with the consent of the creator(s), and to purchase the IP rights from the creator(s). Existing policy is sufficient to secure a revenue stream from all IP developed using University resources that is commercialised without the need for the University to strip the creator of ownership.

The AUS will be holding meetings for its members and members of other Unions on campus over the weeks of 1 and 8 October, and will be actively coordinating its response with the University of Canterbury Students’ Association.

For further information or comment please contact
Jack Heinemann
jack.heinemann@canterbury.ac.nz

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Friday, September 14, 2007

Maureen Montgomery as AUS National President

From Mary Cain:

I am delighted that you are standing for the National President, Maureen. I have worked with you on various AUS projects both nationally and locally since the joint AUS-University working party on the pay and conditions of Teaching Assistants (at the time I was a tutor in the English Department). I have always been struck by your professionalism and dedication to improving the working conditions of all university staff.

You have always ensured that the voices of diverse groups on campus have been heard whenever there has been debate or submissions made on behalf of AUS members. One of the things that has particularly stood out for me as a member of the General Staff is that you have never acted in any way that would disadvantage our sector. You have also been a tireless supporter of improving conditions of work for women staff and you were a great and active supporter in our final push to get a woman's officer.

You have always clearly and unequivocally stated your position on issues within the union and though we have at times held opposing opinions, your ability to both take a clear stand and then to act for the benefit of all union members regardless of any final opinion means that I have complete confidence in your ability to steer AUS for the good of the membership.

And though I think that you are wrong on amalgamation: May The Best Woman Win!

You have my vote.

Good luck Maureen!

Mary Cain
Information Services
Law Library

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Monday, September 10, 2007

From Maureen Montgomery

Members wishing to understand why I support the current amalgamation proposal can find further information at:

http://maureeninfo.blogspot.com

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Tuesday, September 04, 2007

Amalgamation Meetings

AUS members will soon be voting on a proposal to amalgamate with the Association of Staff in Tertiary Education (ASTE) and the Tertiary Institutions’ Allied Staff Association (TIASA) to form a single tertiary-education union


6 Sept10.30amAvon Lecture Theatre 2College of Education
6 Sept12.00 noonArts Lecture Theatre A1  
6 Sept1.00pmArts Lecture Theatre A1  
12 Sept10.30amAvon Lecture Theatre 1College of Education
12 Sept12.00 noonScience Lecture Theatre S1  
12 Sept1.00pmScience Lecture Theatre S1  

These meetings have been arranged to give AUS members the opportunity to meet and discuss the amalgamation proposal prior to voting on this important issue AUS members are encouraged to attend one of these meetings

Refreshments will be provided following 1pm meetings on 6 and 12 September

More information can be found on the AUS website

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Thursday, August 30, 2007

Reasons to make a submission on the Electoral Finance Bill by Steven Price

We think the government needs to be urged to tackle the problem of huge donations to political parties routed through secret trusts. We think parties should have to reveal the identities of their big donors. The government originally planned to include this, but dropped it.

You’ve probably also heard about the problems in the bill with its restrictions on third party speech. These are real. However, we think it’s important that the baby doesn’t get thrown out with the bathwater. It is important to put reasonable restrictions on third parties like the Exclusive Brethren with big chequebooks to prevent them using money to unduly influence election results.

Making a submission is as easy as sending a quick email (you can do it through www.cog.org.nz) (though it will be more impressive if it’s done on paper - and addressed to the Justice and Electoral select committee at Parliament. No postage needed.)

I’m happy to answer any questions you might have about this.

Steven Price
Spokesperson, Coalition for Open Government
(Also adjunct lecturer at VUW’s law school)
04 463 6336

COG Newsletter

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Wednesday, August 29, 2007

David Small as AUS National President

David Small is ideally suited to become the next AUS national President. He is a long-time active member of the Canterbury branch, serving as Branch President and is currently the National Academic Vice-President. David is feisty, energetic, has a quick grasp of issues and is not afraid to speak out. He has spoken out about PBRF, academic freedom and university managerialism. It was David's morale survey that demonstrated that university managerialism here at Canterbury has undermined staff effectiveness. He can speak equally well to his colleagues, the student body, the VC, the media and to MPs. I have every confidence in David's ability to fulfil the role of AUS National President.

Emma de Lacey, AUS Branch co vice-president

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Notes from meeting to discuss proposed AUS amalgamation with ASTE and TIASA Wednesday 29 August

Some notes from the meeting to discuss proposed AUS amalgamation with ASTE and TIASA, Wednesday 29 August:

When voting, consider whether we will be a bigger or a denser union. Will the merger increase the proportion of those who belong to a union? Is this the best way to actually grow the union?

Is a large Union a more effective voice for social change, including raising awareness of the need for research? Or is lumping Universities into the tertiary (read: teaching) sector undermining our value in the research sector (ie, where CRIs live)?

  • The pre-tertiary education sector is successfully represented by different unions (NZEI, PPTA). Why can’t tertiary sector do the same?
  • How can we have more strength in numbers if polytech and university staff aren’t able to strike in support of each other?
  • Arguments on issues are strengthened by union representing clearly identifiable sector, not by strength of numbers.
  • University librarians doing very different job to those in polytechs, but recognition of this specialisation could be lost if all lumped together.
  • Is this a cost-saving exercise? What resources will be freed up?
    • Many areas of duplication – e.g. each union prepares own submission on common issues; costs of two separate offices, two national presidents.
  • Need to keep clear we’re not talking about merging universities and polytechnics (which would be disastrous), just the unions. Are we a union or a snooty professional body wanting to distance ourselves from those beneath us? Wrong assumption that polytech staff don’t care about academic freedom.
    • “Snooty” label is red herring – each type of institution has its value, but doesn’t mean we need to merge.
    • Views on academic freedom very different in different institutions. e.g. College of Education – acceptance that government decides what students need to know. Polytechs told what to teach by employers. Universities unique – lecturers anticipating what knowledge will be needed in future, so academic freedom vital.
  • In our interest that polytechs are well funded, and in polytechs’ interest that universities are well funded. Can’t let government play one off against the other.
  • Will still be structures to represent different sectors in merged union.
  • Mindset that we are just in education sector. Merger with CRIs would be equally valid: competing for funds just as much as with polytechs.
  • Issues like career development of postdocs don’t get pushed enough in present structure, would be even less emphasis in merged union.
  • AUS has done good job for members, but times have changed – merger unavoidable. 25% of ASTE membership now in universities. Duplicated representation = wasted resources. AUS could steal ASTE members, but then ASTE loses 25% of membership = weakened union in polytech sector, bad for all tertiary sector.
  • Polytech sector not strongly unionised, and radical restructuring likely, leads to further weakening of status of degrees. Best way to defend degrees is to persuade colleagues in polytechs that degrees backed by research are worth defending.
    • Shouldn’t NZQA be ensuring polytechs have infrastructure to support teaching degrees?
    • Polytechs very varied set of teaching programmes – staff who want to research to back up teaching degrees struggling against government, management, and even own colleagues who only want to teach applied skills.
  • Some elitist university staff already don’t join AUS because don’t want to be in union with general staff. Even more will leave merged union.
  • Why can’t AUS support ASTE without merging? e.g. joint submissions, collaboration, statements of support.
  • Merging with weak union could lead to under-resourced collective body that loses sight of unique issues of university sector, at a time when differences need to be defended vigorously.
  • All arguments for merger seem to be about protecting polytech sector, but could weaken university sector. First responsibility of AUS should be university staff, so decision should be made on basis of what’s best for universities, not what’s best for polytechs.
    • Shortsighted to only look at what’s best for universities. After polytechs restructured, next target will be universities. Merged union not altruism to polytechs, but in material interests of university staff.
  • Some general staff already unhappy when academic staff get larger pay increases. Dissatisfaction will increase with more groups in union.
  • Are general staff in polytechs and universities paid the same?
    • Librarians paid less in polytechs – weakens case for pay increases for university general staff.
  • Will different groups be as well represented in merged union?
    • No way of knowing – has to be leap of faith.
  • Have to consider general election next year. Best decision under Labour government might not be the same as best decision under National.
    • But government only three year term, merger would be permanent.

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Arguments for Amalgamation

  • Overlapping membership in the university sector
    • This is also an increasing trend
    • Do we want more divisions/unions in the universities or is it better to unite?
  • Improving funding of tertiary education overall versus competition
    • We both surely want a well-funded public tertiary education sector?
    • Why compete for funding – universities versus Polytechs – when a single union can advocate for maximising overall tertiary education sector funding?
  • Maximising pressure and resources
    • At present AUS and ASTE duplicate a lot of resources (two sets of staff, offices, equipment, structures, submissions
    • Better to combine and create more resources for pressure on government and university managements
    • Better able to concentrate on recruitment
    • Move beyond ‘sectoralism’ to a tertiary education-wide union
  • Similar positions on a range of issues – and similar challenges
    • Employment law, academic freedom, education law and policy, student access, quality provision, PTEs, working to grow union membership . .
    • Similar employment issues – promotion, salaries, commodification of education, workload, position of Maori and women staff

Philip Ferguson

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Tuesday, August 21, 2007

It’s easy to sustain arrogance


You may have noticed the 17 August email announcing that the Vice Chancellor has turned his attention to delegating the issue of the University’s sustainability to the PVC Science. Until this time, the idea of sustainability seemed to be a magical position on a spreadsheet with only 2 dimensions: expenses and income. Presumably we are now in that magical spot despite a few lingering cost cutting exercises in the colleges of Arts and Science.

From the list of colleagues chosen to consider the University’s sustainability, the concept has grown some dimensions. The AUS Branch applauds our members who have agreed to serve and has no reservations about their talent and expertise.

I am disappointed, however, that the senior management team (SMT) of the University did not take this obvious—and easy—opportunity to show some goodwill to Union members. In our regular meetings with the VC, Matthew Fitzsimons and I raised the issue of sustainability. Matthew has been especially interested in the concept of sustainable institutions.

Our point to the VC was simple: the biggest and most important resource of this University is the people who consented to work for it. A sustainable institution had workers that felt valued, facilitated their productivity, and met its mission to the community and the nation, that mission being broader than the annual TEC-mandated margin of financial return. It is the workforce of the University that keeps it functioning in bad times, financial or otherwise, allows it to recover more quickly as those times come to an end, and then raises the institution to new levels when times are good.

The VC first mildly undermined the idea of sustainability by alluding to how ambiguous the term had become, but then went on to say that he and the SMT were also discussing this issue. Predictably, the VC turned to financial sustainability as the means and ends to all other kinds of sustainability, but also acknowledged our environmental footprint and the need to be environmentally sustainable (if we could afford it). He then quickly connected a conversation on the contraction of parking spaces with sustainability and said that it was not just a cost-saving exercise, but a way for management to help all of us be more eco-friendly.

Yes we should all drive less etc. etc. But how we choose to meet our environmental goals should be left up to us. It rings hollow when an institution claims some karma credit for shifting a new burden onto the complex lives of its workers, all the while reaping a financial benefit and offering no substantive support for those who have to make changes in their lifestyles to accommodate this policy. All well and good, Mr. VC and your SMT, when you have reserved spaces.

There are other ways to achieve environmental goals, such as by turning vegetarian, that might be both more effective and suitable for some individuals than bicycling, bussing or walking to work. Indeed, commuting vehicles may be on multi-purpose journeys on each and every one of those days. Who is the SMT to say that that is poor use of vehicles compared to commuting by bus only to turn over their powerplants as soon as they arrive home so that they can run to the store, pick up the kids from sport and so on? Perhaps the time that staff would save by not having to orbit the remaining lots looking for a space, or putting the chain back on the front sprog, could be used by them to complete any number of new administrative tasks that are taken up to compensate for declining numbers of people across all sectors of the University. A focus on ‘sustainability by keyword’ runs the danger of creating a cascade of ill fitting fixes that ultimately run amuck and cause less sustainability as measured in other dimensions.

management has

again signaled that

they just don’t get it

Rather, the AUS argued that the VC should seek an institution that performs well under any circumstance and has the flexibility to not meet goals in one or more dimensions when that is needed. In other words, a sustainable institution is resilient: it functions well despite changing external and internal conditions. Dogged allegiance to a spreadsheet shows the potential fallacy of instead organising around sustained profit. In doing so, the University has not just turned-over some staff, but arguably has lost academic areas that will be hard to re-establish (e.g. in languages and cultural studies). Focusing on resilience, rather than on making particular inputs or outputs of the University “sustainable”, is a flexible way for the institution to continue to serve society, the ultimate sustainability goal. More importantly, a strategy based on resilience forces the SMT to properly identify the most important resources of the University for meeting the goals of its broad mission.
In other words, if the SMT took sustainability seriously, then they would already have realised that only people make an institution sustainable. It is the staff that make the University resilient. A sustainable University will have a happy staff supported by a management with their duty of care to the mission, as achieved through staff, foremost in their minds.

I recognise that there are numerous ways to work toward resilience. Those colleagues named on the committee announced by the VC have my greatest respect in this regard and I know that they take their Union with them to those meetings. But I won’t mince words: AUS expected that this committee would include at least one member who was chosen to represent the staff, not just their own academic qualifications. This campus is highly organised. Only a minority are not in a Union. As the largest of these, AUS is a representative voice.

The VC indicated that our input was important to him, but his overt actions to keep the Union at bay make me think otherwise. Sure I’m bothered that the VC was offered an issue in the form of dove to re-build relations with this Union and he has openly rebuffed it. This action undermines our confidence in management’s reasons for the soon-to-be announced joint AUS-UC project through the Partnership Resource Centre, which we thought was to promote mutual trust and respect. But more than bothered, I’m disappointed that management has again signaled that they just don’t get it. The University is not the SMT.

Jack Heinemann
Branch President
August 2007

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