AMHERST —The Professional Staff Union of the University of Massachusetts has filed an unfair labor practice charge against the UMass Amherst Foundation, alleging that the organization has privatized over 20 positions that belong to the union.
The union alleges that the UMass advancement division has used the foundation, a private, nonprofit organization that oversees fundraising for the university, “to hire at-will employees for positions that should rightly be PSU and non-unit state positions,” according to a statement posted on the union website by member Liz Smith.
The complaint was filed with the state Department of Labor Relations in June and announced on the union website last week. The union represents professional staff and classified supervisors in the Massachusetts Teachers Association, National Education Association, and members of the UMass Amherst and Boston campuses.
“The complaint was filed because this practice threatens the unit as a whole and creates a dangerous precedent in privatizing state positions that are represented by unions,” according to Smith.
The union also has concerns regarding reporting structures in advancement, Smith wrote, stating that “many advancement PSU employees are supervised by a UMAF employee.”
UMass spokesman Ed Blaguszewski wrote in a statement to the Gazette that “the establishment of privately governed, nonprofit foundations to support the mission of public universities is a common practice.”
Blaguszewski added, “The foundation’s hiring process provides flexibility to attract employees with distinct skills at different stages of a campaign, and its personnel structure helps it recruit outstanding fundraisers in a very competitive job market. UMAF, as a separate entity, has established positions based on its own efforts to maximize its capacity to fundraise on behalf of the campus.”
Foundation employees lack some of the benefits held by union employees, according to Smith, such as the ability to file grievances, just cause and due process for termination or discipline, representation by the union, access to a sick leave bank and certain state benefits.
“Unlike PSU employees, foundation employees are at-will,” Smith wrote. “They can be fired or laid off at any time, for any reason, without due process, despite doing the same work and, in many cases, having the exact same job titles, managers, responsibilities and work locations.”
Union co-chairs Brad Turner and Risa Silverman declined to comment on the lawsuit at this time.
UMass administration has met with the union several times since the filing of the unfair labor practice charge, according to Smith. If the two organizations cannot reach an agreement, the Department of Labor Relations will conduct an investigative hearing in January.
“The discussions are continuing in good faith, and we are hopeful of reaching an agreement,” Blaguszewski said.
Jacquelyn Voghel can be reached at jvoghel@gazettenet.com.