University, FA have less than four weeks to bargain before potential strike
The Central Michigan University administration and Faculty Association have less than 20 business days to bargain after the issuance of fact-finding results last week.
If no deal is reached within that time frame, it could mean another FA strike in late November. However, labor law experts say such a scenario is unlikely.
"It's reasonable to say that a well-researched fact-finding report will very likely have an impact on thoughtful people," said Robert McCormick, a labor law professor at the Michigan State University College of Law. "You can't predict it, but I think thoughtful people will say, 'I may disagree, but will go forward with the fact-finder's recommendation."
Appointed state fact-finder Barry Goldman issued a report Tuesday favoring CMU's administration on the economic issues of salary and benefits. However, he sided with the FA on the issue of retirement and promotion increments.
Both sides returned to the bargaining table Friday for seven and half hours, with no significant progress made.
McCormick pointed to a similar situation with Eastern Michigan University’s faculty in 2006, when a state fact-finder was brought in to make recommendations in response to a faculty strike. The final report from the fact-finder proved influential in helping the two sides reach an agreement in the weeks following its release, he said.
CMU would also have the option of imposing a contract on the faculty if the two sides remain at a standstill, according to law experts.
However, the Public Employee Relations Act does not define a set amount of days after fact-finding in which a unit of government can do so. Rather, it varies from employer to employer.
Steve Smith, director of public relations, did not have a timeline for the case of CMU.
“It remains the university’s intent to reach an agreement that is fair and equitable to both parties through collective bargaining, using the fact-finder’s report as a basis for future negotiations,” he said.
FA President Laura Frey has said the faculty would consider voting on another job action if such a move were to take place. They previously voted for a job action was a work stoppage that lasted for part of the first day of fall semester classes, before administrators gained an Isabella County court injunction to return professors to the classroom.
“The agreement signed by Judge (Paul) Chamberlain is in effect until 20 business days after the issuance of the fact-finding report,” Frey said. “I am hopeful that the administration will show its concern for students by bargaining in good faith with the FA bargaining team.”
McCormick said one major benefit of fact-finding is that the results are made public. Opening up both positions tends to speed up the process as both sides feel more pressure to get a deal done.
The fact-finder’s recommendations are significant, but not final, he said.
“It has the ability to persuade the public that the findings are correct,” McCormick said. “I would assume that the influence is there.”
