TL;DR
The Unified Bargaining Committee met with Management over Zoom on Sept. 17 to discuss proposals related to BHSNJ faculty at RBHS, the two medical schools (NJMS and RWJMS), the School of Nursing, the School of Public Health, the School of Dental Medicine, and School of Health Professions. Many members of the BHSNJ bargaining team were frustrated that management did not have a substantive counter to a single BHSNJ-proposed article despite having these proposals for months.
The session ended abruptly after a member of our bargaining team used an unacceptable choice of words when they compared contractual non-compete clauses to slavery. We unequivocally condemned the statement. The member has resigned from the bargaining team and issued a formal apology.
The comment obscured real concerns raised earlier in the session tied to management’s continued practice of verbally rejecting union proposals out of hand — this time nixing the protections for faculty and student rights in the event of a med school merger (read proposal here), and refusing to end non-compete agreements that limit the freedom of clinical faculty to find other jobs and that ultimately harms patient care.
Highlights from the Session
Ensuring Class Sizes and Workloads are Equitable
Rutgers is in the process of merging its New Brunswick and Newark medical schools, and already is requiring faculty to do a significant amount of uncompensated work in this process. Moreover, various aspects of this merger could negatively affect students’ education, faculty workloads, and the quality of patient care. In June, our union offered proposals to protect faculty workloads, ensure that students continue to receive the best possible education, and ensure that patients (especially those in University Hospital) receive the best possible care.
Management verbally rejected our medical school merger proposal, saying they would not negotiate over this issue because the merger has not yet been completed. A verbal rejection shows they did not put in the time to even look at and respond to our proposal in writing, which is normal practice in bargaining.
Our members countered that it is better to address problems before they potentially grow and worsen. Bargaining over this crucial issue should not be delayed or pushed into a post-contractual discussion that could drag on without resolution for years. and is completely unacceptable.
Patient-Facing Faculty Should Not Have to Find their own Coverage if they are Sick
Our union presented a revised Article 28.B in May that addresses issues of paid time off and tuition remission for BHSNJ faculty. A number of RBHS departments and divisions have faculty who have been denied faculty sick and vacation time. Our proposal attempted to ensure all members have these benefits regardless of job duties.
Management asked many questions that demonstrated some troubling perspectives. For instance, the Union’s proposal required that clinicians who need to work on a holiday would get a “comp day” – i.e. an extra float holiday. Management representatives questioned whether clinicians who are “on call” on Christmas – i.e. who must be stationed at their phones, available to answer calls about patient care all day (or night), and sometimes come into the hospital to address urgent issues – are really working. The Union unequivocally said that this is work, and given the physician burnout epidemic, all medical faculty should receive holidays or the time value of those days.
Restrictive covenants & early closure of the session
The University is requiring clinical medical faculty to sign non-compete agreements, which restrict faculty members’ freedom to choose where to work if and when they leave Rutgers. Our May proposal would have eliminated all non-compete agreements. Management verbally rejected that proposal – again, without providing a written counter – ignoring that our current conditions do not retain or attract faculty and ultimately harm patient care.
During the session, a member of the unified bargaining team made a comment that compared the clinicians being subjected to restrictive covenants with “slavery.” These comments were completely unacceptable. Given the vigorous anti-racist posture of our union, we are particularly sensitive to this kind of offensive language (even if taken out of context or unintentional). Our bargaining team is in full agreement that we must have zero tolerance for this. As a result of this comment the bargaining team member made a personal and direct apology to management and to the members of our committee. In addition, they have voluntarily stepped down from the bargaining team. They will not be involved in negotiations on behalf of the unions moving forward.
In addition to the above steps, the bargaining team will increase training for bargaining team members and observers, as well as implement improvements to negotiations protocols so that the sessions can be run with greater discipline.
Next Steps and Bargaining Town Hall
Attend our Bargaining Town Hall on Tuesday, Sept. 22, at 7 p.m. to hear directly from our bargaining team and get more involved in the fight for a fair contract. Register here.
The bargaining session scheduled for Thursday, Sept. 24, has been cancelled. Our next session is scheduled for Tuesday, Oct. 6.