Rutgers faculty unions set to strike Monday, shutting down classes in historic move

NEW BRUNSWICK, N.J. – Union officials representing Rutgers faculty at three New Jersey campuses decided Sunday night they would strike indefinitely starting Monday morning, university officials said.

The decision was made after reaching a stalemate in contract negotiations with Rutgers President Jonathan Holloway's administration that had dragged on since July, Howard Swerdloff, secretary of the adjunct faculty union, told NorthJersey.com, part of the USA TODAY Network.

The strike to shut down classes is the first in the state university's 256-year history.

Three unions representing educators, researchers, and clinicians are slated to start their strike Monday at 9 a.m.

"We ask you to join the picket lines and refuse to conduct teaching, research, and other business as usual at Rutgers," said an official email from union leadership sent to over 8,000 faculty members.

Some 94% of faculty members belonging to three unions voted to authorize a strike last month, effectively warning the university that they were serious about carrying out their intentions after negotiations failed to produce substantive counter proposals addressing their core demands – to raise wages for graduate workers and secure longer contracts with benefits for part-time professors.

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Rutgers campuses closed

The strike brings all classes to a halt for the first time in the university's history on all three campuses, in Camden, Newark and New Brunswick, and at the university's medical school.

Court order sought

Holloway has indicated that he will seek a court order to stop the strike.

The university would have no choice other than seeking legal methods to "ensure that any job action does not affect our students' academic progress," Holloway wrote in a letter to students last week.

Holloway also told students that strikes by public employees are "unlawful," to which dismayed faculty members responded by saying that there is no statute or law making it illegal for public workers to strike. Union leaders sent out information expressing their disappointment that Holloway, a fellow professor, "chose to misinform" the community. A strike would be illegal only if a court order is issued forbidding them from stopping work, they said.

Deepa Kumar, president of the Rutgers AAUP-AFT union, speaks during a rally at Rutgers-Newark on Tuesday, April 9, 2019, in Newark. Full-time faculty, grad students, and adjunct professors are rallying for the Rutgers Board of Governors to meet their contract demands, which include equal pay, higher salaries, and more full-time faculty hires.
Deepa Kumar, president of the Rutgers AAUP-AFT union, speaks during a rally at Rutgers-Newark on Tuesday, April 9, 2019, in Newark. Full-time faculty, grad students, and adjunct professors are rallying for the Rutgers Board of Governors to meet their contract demands, which include equal pay, higher salaries, and more full-time faculty hires.

Mediators from the Public Employment Relations Commission joined the negotiating groups Saturday, in what appeared to be a last-minute move from  Gov. Phil Murphy's administration, which has been mostly silent about its position other than an official statement saying that "the governor firmly believes the hardworking educators of Rutgers deserve a seat at the table."

"A governor who takes pride in calling himself a champion of labor has a role to play here, in helping to come up with a fair and just settlement," said Tim Raphael, a professor and union representative for the Department of Arts, Culture and Media at Rutgers-Newark. "The two people who could step in and have an impact are the president of Rutgers and the governor — and neither of them have done that."

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The mediation went until midnight Saturday and was scheduled to continue Sunday, said Swerdloff, a part-time lecturer in the New Brunswick campus's writing program. "Very little was accomplished," he said, with mediators trying to speed up the process by breaking them into small groups to try to resolve more issues that way.

12 hours of negations

An enraged union leader wrote to faculty members Sunday morning that he was even more resolved to strike after seeing "the sheer disrespect from management" after 12 hours of negotiations with mediators, at a meeting where most university representatives remained in their offices or on Zoom, and not face to face in the room with union members who arrived to bargain.

"I am writing on the eve of the first strike at Rutgers in 35 years, and the first strike of all faculty, grads, postdocs, medical researchers, medical doctors and EOF counselors in the history of this university," said AAUP-AFT General President Todd Wolfson in an email titled "shake this university to the ground," sent Sunday morning to faculty members.

The university offered graduate workers a raise "for the first time in 10 months" as a final deal to try to avert the strike, Wolfson said, but "it was clearly about making appearances," he said.

Full-time faculty, grad students, and adjunct professors rally for the Rutgers Board of Governors to meet their contract demands, which include equal pay, higher salaries, and more full-time faculty hires, on Tuesday, April 9, 2019, in Newark.
Full-time faculty, grad students, and adjunct professors rally for the Rutgers Board of Governors to meet their contract demands, which include equal pay, higher salaries, and more full-time faculty hires, on Tuesday, April 9, 2019, in Newark.

What the unions want

Two main Rutgers unions, the AAUP-AFT and the Rutgers Adjunct Faculty Union, asked for equity-driven changes that would give part-time lecturers long-term and more predictable contracts, with salaries calculated based on full-time non-tenured faculty.

Swerdloff, the lecturer in the writing program, said there are 26 other part-time lecturers, or adjuncts, in the program, and that all of the nearly 150 teachers in the department are not on a tenure track. "There was a tiny sliver of accommodation" on Friday, in which adjunct faculty working two consecutive years could have gotten a one-year contract, he said, but the union's goal is to have them on par with non-tenure-track full-timers, and the offer wasn't realistic, he said.

The unions also seek higher wages for the university's graduate workers, who often teach classes in exchange for stipends, which at Rutgers are still below those at other major universities in the tri-state area.

Faculty members voted overwhelmingly in favor of authorizing a strike a month ago by secret ballot.

Zainab Tanvir, a grad student who studies and teaches biology at Rutgers-Newark, rallies for equal pay and higher salaries for teachers assistants like herself and full-time faculty on Tuesday, April 9, 2019, in Newark.
Zainab Tanvir, a grad student who studies and teaches biology at Rutgers-Newark, rallies for equal pay and higher salaries for teachers assistants like herself and full-time faculty on Tuesday, April 9, 2019, in Newark.

Are public sector strikes illegal?

Faculty members have criticized Holloway for saying in emailed letters to faculty and undergraduates that public sector strikes in New Jersey are illegal.

"He, in our opinion, provided real misinformation, which is that he wrote to say public sector strikes in New Jersey are illegal. This is how it was phrased," said Murch. "And therefore people participating in them could be fined or even arrested and jailed."

What the law really says is that a strike becomes illegal only if employers challenge it by asking for an injunction and the courts grant one.

The union said it hoped there would not be a court order, but asked Holloway in a public message to follow the steps of former university President Edward Bloustein if he went ahead and sought a legal injunction. Bloustein, according to union leaders, did not seek a court order to stop a 1987 strike but to control locations of picket lines.

This article originally appeared on NorthJersey.com: Rutgers strike: Professors, faculty unions to strike at 3 campuses