Campus
TA Union Remains Divided
Meeting permeated by debate over election, elected officer voted out of office
By City on a Hill Press
City on a Hill Press
Published May 26, 2011 at 3:56 am

Over 100 Teaching assistants of the UAW Local 2865 union attended the first statewide meeting under newly elected leadership. Photo by Sal Ingram

Heavy applause erupted as the 10 newly elected Executive Board members of the teaching assistants’ union, UAW Local 2865, were introduced at the first statewide membership meeting on Saturday.

Following a contentious election, all 10 Executive Board members come from the Academic Workers for a Democratic Union (AWDU) slate.

“This was probably twice as big as any meeting we’ve had in the past,” said Executive Board president and UC Irvine graduate student Cheryl Deutsch. “It’s the only venue where members get to make decisions.”

In order to make any decisions, meetings need to have quorum, over 100 members in attendance. Deutsch said they have never before achieved quorum in their local’s history.

Holding at least one statewide meeting a year is mandatory, according to the UAW bylaws. Executive Board members want to hold them twice a year, alternating campuses.

As excited TAs hit the tables in the UC Berkeley Boalt Law school classroom to cheer for their new officials, members of the opposing party, United for Social and Economic Justice (USEJ), did not share the same level of enthusiasm.

UC Davis head steward and USEJ member Xochitl Lopez said organizers gave only two weeks’ notice for the meeting, and violated by-laws. UCB is no longer in session, even though all campuses are supposed to be when the statewide meetings are held.

“The meeting was problematic,” Lopez said. “It was called to disenfranchise people from our slate [USEJ] specifically.”

An estimated 130 members attended. Around eight were USEJ members, and the rest were from AWDU. Northern UC campuses are known to have a higher AWDU membership and southern campuses tend to have higher USEJ memberships. Deutsch said members from the north were over-represented, as the meeting was held at UC Berkeley.

Soon-to-be UCLA graduate student and USEJ member Sayil Camacho won the most votes for the UCLA head steward position, but was voted out of office at the meeting because she was not an enrolled student. Camacho was accepted by UCLA in January and is starting class in fall 2011.

“I’m not just going to hand over my position because … they say I can’t participate,” Camacho said.

Camacho received emails she said were accidentally forwarded by elections committee member and UC Santa Cruz graduate student Adam Hefty. She said elections committee members are supposed to remain unbiased, but in the emails Hefty discussed her elegibility to run with AWDU members.

“It’s clear if I had been on the AWDU slate my eligibility wouldn’t have been questioned,” Camacho said.

UCLA AWDU members initially approached Hefty regarding Camacho’s eligibility and he said he intentionally made that information public by putting it on a blog and on Facebook.

“I encouraged people to get back to me with feedback and concerns,” Hefty said. “I had easier access to AWDU perspectives, being from UCSC.”

Hefty acknowledged his sympathies for AWDU and said the majority of the elections committee are aligned with USEJ.

Executive Board president Cheryl Deutsch said she told attending USEJ members that as difficult as it may have been, she hopes they were not intimidated by parliamentary procedure.

The next statewide meeting will be held at a Southern California campus and Deutsch said she thinks attendance will increase.

“It was a great feeling to achieve that quorum,” said Brian Malone, UCSC graduate student and former campus head steward. “It’s just something that [hasn’t happened] … Even though statewide meetings are required, they weren’t taken seriously.”

Despite Camacho’s situation, she appreciates the interest of union members.

“Having two slates is a good thing,” Camacho said. “It means people are interested.”

 

Comments
Info for Commenting: Commenter's Code | Privacy Policy
  • BylawsReader

    1. Restrictions on membership meetings to the academic year of individual campuses applies only to Campus Unit Membership Meetings, not Regular or Special Statewide membership meetings, as stated in the bylaws.

    2. Based on both a strict reading of the by laws and past practice within the union, it is not legitimate to grant membership to students prior to their commencement of their program of study in the fall (or whichever other term during which they might begin their studies).

    3. Both second hand information, the education department’s own application deadlines, and standard practice amongst universities suggest that it is highly unlikely Sayil Camacho was in fact admitted as a student in January.  http://gseis.ucla.edu/for/prospective-students/copy_of_how-to-apply.

    3. If it is ‘corrupt’ for elections officials to advise the rank and file on elections protocol, one wonders who, exactly, would be fit to communicate with the membership regarding questions of eligibility criteria.

    4. The allegation that AWDU would have run a candidate who was illegally hired and who ran for office in violation of the by laws is pure slander.  Unlike USEJ at UCLA, AWDU at UCLA had no problem with recruiting a full slate without drawing upon non-members, paid staff, and students who had long since matriculated out of the UC system.

    • bylaws understander

       p { margin-bottom: 0.08in; }a:link Dear Bylaws Reader,
      Thanks for reading the Bylaws. I wish
      more people would. But next time when you read them, you should use
      your reading comprehension skills.

      1. Restrictions on membership
      meetings to the academic year of individual campuses applies only to
      Campus Unit Membership Meetings, not Regular or Special Statewide
      membership meetings, as stated in the bylaws.

      Here I assume you refer to Article
      4. Section
      7. “Membership meetings will be held only during a Campus Unit’s
      academic year.”

      A
      special statewide membership meeting, just like a campus monthly
      membership meeting, is a membership meeting. Therefore it must be
      held only during a Campus Unit’s academic year. Which campus you ask?
      Well for a campus’s monthly membership meeting it would of course be
      that campus. Since a statewide membership meeting is for members from
      all campuses, that means the regular academic year for all campuses.

      I
      have no idea how this is even confusing. And as a group that
      campaigned on more democracy and less bureaucracy, try stepping
      back from the “rules” for a second and consider the intent. The
      reason you don’t want to have a membership meeting when a campus is
      not in session is that it disenfranchises members who are more likely
      to be out of town or even out of state over the summer. It’s undemocratic. So let’s stop
      making disingenuous interpretations of a set of rules when it suits
      your purpose. Especially when the interpretation makes no sense
      whatsoever.

      2. Based on both a strict
      reading of the by laws and past practice within the union, it is not
      legitimate to grant membership to students prior to their
      commencement of their program of study in the fall (or whichever
      other term during which they might begin their studies).

      Here you must be referring to
      Article 4. Section
      1. Membership in this Local Union shall be extended to all graduate
      students and those employees in titles that come under the
      jurisdiction of this Local Union.

      So
      I suppose by “strict reading” you mean to say: graduate students
      are defined as currently enrolled graduate students. I suppose that
      is a strict reading of this provision. Putting aside the irony of
      AWDU having a more exclusionary definition of member as well as the
      fact that AWDU is only applying this exclusionary definition to
      their political opponents, you are in fact 100% wrong about past
      practice. It is in fact past practice to include people who have
      accepted to come to grad school at UC as being eligible for
      membership. This is why AWDU Executive Board member Jordan Brocious was able to attend a statewide membership meeting before enrolling in classes.3. Both second hand
      information, the education department’s own application deadlines,
      and standard practice amongst universities suggest that it is highly
      unlikely Sayil Camacho was in fact admitted as a student in January.
       http://gseis.ucla.edu/for/pros…

      This is just stupid.3
      (part 2?). If it is ‘corrupt’ for elections officials to advise the
      rank and file on elections protocol, one wonders who, exactly, would
      be fit to communicate with the membership regarding questions of
      eligibility criteria.

      “Advise the rank and file
      on elections protocol”?!? Is that really what you’re calling Adam’s
      email discussions with AWDU candidates (and apparently on blogs and
      Facebook?!?) about how to get rid of Sayil while avoiding challenges
      to their own candidate Jordan who falls under the exact same category?4.
      The allegation that AWDU would have run a candidate who was illegally
      hired and who ran for office in violation of the by laws is pure
      slander.  Unlike USEJ at UCLA, AWDU at UCLA had no problem with
      recruiting a full slate without drawing upon non-members, paid staff,
      and students who had long since matriculated out of the UC system.

      Right. AWDU prefers people
      like Financial Secretary Charlie Eaton, a graduate student who has
      never and will never even work in the bargaining unit and will never
      pay a single dollar in dues money to the UAW. That seems so much more
      reasonable.

       

    • BylawsReader

      You should try and read and listen to things a bit more closely if you want to make a claim to understanding and denigrate my comprehension.  You understand something, but you clearly have looked at neither the bylaws nor the UAW constitution in a way that would generate a correct understanding.  I gave short answers because, with vague documents like a constitution, good interpretation can take a lot of work in ambiguous cases.  So here is the work that you would have needed to do in order to come up with a good understanding of the bylaws, as opposed to the understanding you have presented us with, which reflects an incomplete and sloppy reading of the relevant documents.

      1. Take a look at the full article on membership meetings and pay attention to how separate sections are or are not related to each other.  You’ll notice, for example, that while regular membership and statewide membership meetings both refer to notification protocol as listed in Section 3, and regular meetings (Sec. 3) have a quorum protocol elaborated in Sec 4, while special meetings have a quorum protocol listed in Sec 5, campus unit meetings refer to neither quorum nor notification protocols.  This is because, obviously, a campus unit meeting should not, by definition, meet the requirements for a statewide meeting.  In the first instance, a campus unit meeting will not meet the threshold of campus representation (50%) stipulated for regular and special statewide meetings.  

      If one looks at campus local bylaws (mine is UCLA) one will see that here specific provisions are made for notification and the calling of special campus unit meetings.  The reason for this is because such procedures are not elaborated in the Local’s bylaws and do not fall within their scope.

      Further, if one further interrogates the organization of the constitution, one will note that the quorum provision for regular statewide meetings follows Sec 3 and is listed in Sec 4, while quorum for special statewide meetings is located in Sec 5.  What this suggests is that one should not assume that Sec 4 applies to all potential membership meeting types, but only that type immediately prior to it (and definitely not the section immediately after it).  This is reinforced by the fact that notification procedures for both meetings, stipulated in Section 3, are explicitly referenced when they apply to later Sections (c.f Sec 5, or specific provisions for notification enumerated in Campus Unit Bylaws) 

      Given this logic, there is no reason to assume that Sec 7 applies to more than Sec 6, given the limited scope of Sec 4 and the practice of citation used with Sec 3 and what is implied by the repetition of the quorum requirement in Sec 4 and Sec 5.

      If we were to apply your logic of interpretation, Sec 4 would apply to Sec 3, Sec 5, and Sec 6, even though this is redundant for Sec 3 and absurd for Sec 6.  Further, the notification requirement in Sec 3 would apply to Sec 5 and 6, even though this would cause a redundancy is Sec 5 and would override campus specific notification provisions made in campus unit bylaws for campus unit membership meetings (covered in Sec 6).

      If one uses my reading, whereby Section 4 and Section 7 apply only to those Sections directly preceding them unless otherwise cited, none of these absurdities are generated.

      We can complicate this reading further by looking at Articles 14 and 15, referring to elections, which are analogous to  statewide membership meetings.  Doing so cuts a few ways.  On the one hand, Article 15 (Campus Unit Elections) makes explicit reference to the academic year while Article 14 does not.  On the other hand, Article 14 says special elections (notice the isomorphism with special membership meetings) cannot be called during June, July, August, and September.  Now if we were to draw out this restriction and apply it to special membership meetings, we would have a ban on meetings being called in June, July, August, and September.  One will note that our meeting was held in May.

      But I would suggest that such an inference would be unwise, because it appears to me that the restriction on calling a special statewide meeting are simply those enumerated in Article 4 Section 3, which limits the meetings not in terms of date but in terms of authority to convene the meeting (Exec Board, Joint Council, or Membership Petition as conforms to the quorum protocols of a statewide meeting)

      2.  The Constitution of Local 2865 is bounded by the UAW constitution, which confines application for membership, in Article 6 Section 2, to “actual workers in and around the workplace.”  This did not apply to Sayil Camacho, who was neither a graduate student nor a student-worker.  As a note, my strict reading of membership would be current graduate students, local union employees, and employees who fall under the title of our local, which includes undergraduate tutors.

      Now we need to examine your false analogy.  Jordan Brocious was allowed to attend a meeting.  On his own account, as offered at the statewide meeting, he was under the express understanding that his membership would only take effect once he entered as a student in the Fall of the relevant term (which was, I believe, something like 3 years ago), and that his membership would be postdated to this effect.

      If you return to Article 4, you will note that no provision is made for who can attend a meeting.  Jordan certainly attended a meeting.  I am not under the impression that he voted or ran for office or exercised any privilege restricted to the membership during this meeting.  At the most recent statewide meeting, there were a number of parties in attendance who were not members.  Clearly, membership is nowhere stipulated as a requirement for attendance, though it is a requirement for voting, running for office, and being employed by the union.

      3A.  Sorry about the misnumbering.  This is not stupid.  If Sayil Camacho signed up for membership in mid January, and the argument is that she could do so because she was an incoming student, it must be the case that she was admitted as a student in January.  If this is not true, then this justification for granting her membership is a fabrication.  I could submit an application to Western Michigan right now.  Is that grounds for me to sign up in their union because I’m an incoming graduate student?  

      Based on my understanding of admissions procedure, it is highly unlikely Sayil was admitted in January, and as such it is highly unlikely that the claimed grounds for admitting her as a member (being an incoming student) existed at the time she filled out a membership card.  This is to sidestep the question of whether or not being an incoming student is sufficient grounds for being a member.  I, of course, do not think being an incoming student entitles one to membership, as I elaborated above.  

      Maybe you augured her acceptance in January, just as you later augur whether or not Charlie Eaton will ever be a TA.  If so I commend your soothsaying powers.  Of course, pointing out this potential fabrication is a relatively minor issue compared with her illegal hiring by our former Executive Officers.  What is most questionable here is ultimately not Sayil’s behavior, but the abrogation of the fiduciary responsibilities of our Executive Board and Elections Officers in making decisions which are not in conformity with our bylaws.

      3B. This last point applies directly to what you say here.  Insofar as we are dealing with a dis-analogy in the case of Jordan Brocious, Sayil Camacho, and the question of eligibility for elected office, your attempt to cast Adam Hefty’s advice as partisan or strategic is clearly nothing more than hot air.  Jordan filled out a membership form and attended a meeting in advance of being a graduate student for the forthcoming fall term a few years ago; Sayil Camacho filled out a membership form and ran for elected office in advance of being a graduate student for the forthcoming fall term a few months ago.  

      Any reasonable person can see that there is nothing similar about the eligibility question in these two cases.  Jordan was running for an E board office which requires a minimum of 1 year of continues membership, Sayil for one which requires 90 days (Article 16).  Jordan filled out his form in similar circumstances to Sayil but did not run for election in similar circumstances.  Further, based on his personal account, the way his membership was processed at the time of filling out his membership application was not the same as Sayil’s.  In fact, based on a reading of the UAW constitution, his account of how his application was processed is in conformity with our local’s rules while Sayil Camacho’s application was not so processed.

      Because Adam Hefty was giving advice on different issues with different evidential grounds, partisan intent is not at all necessary for inferring why he made differing recommendations for differing situations.  Any elections official who treated these cases as the same would be being partisan.  Treating them as distinct would be being honest and truthful.

      4.  Charlie Eaton qualifies for membership on the basis of our bylaws.  Sayil Camacho does not.  Your prognostications on him never in the future being a TA are nothing more than fortune telling.  I am going to stick to the rules here, and not get in to theoretical debates about whether or not conforming to the rules qualifies Charlie (in a moral sense) to hold office.  It qualifies him in a legal sense and that is what I am talking about here, law.

      Now, I know you didn’t fully understand the bylaws (though you certainly understood them to some degree), but have you understood me?  If you have, then hopefully you now have a better understanding of the bylaws.  If you disagree with the hermeneutic techniques I applied, I would love to see how you would generate an interpretation which does not create absurdities and redundancies in the document in question.

      Thanks for reading,

      Zachary Williams

    • StrictConstructionist

      Hello BylawsReader!It is really nice to see that you have become interested in the union in the past few months, perhapseven going so far as to attend a campus membership meeting.

      YOU’RE WRONG ON AWDU RUNNING INELIGIBLE CANDIDATESIt takes a pretty nuanced “strict” reading to get Jordan Brocious in and still keep out Camacho.
      If you really want to do a strict reading, you should consult the UAW constitution.Charlie Eaton would not be eligible because he was not a worker in and around the workplace when he signed up (or at any time thereafter).
      ARTICLE 6Section 2.a”The applicant must, at the time of application, be an actual worker in and around the workplace.”
      Sorry Charlie.

    • StrictConstructionist

      Hello BylawsReader!It is really nice to see that you have become interested in the union in the past few months, perhapseven going so far as to attend a campus membership meeting.

      YOU’RE WRONG ON AWDU RUNNING INELIGIBLE CANDIDATESIt takes a pretty nuanced “strict” reading to get Jordan Brocious in and still keep out Camacho.
      If you really want to do a strict reading, you should consult the UAW constitution.Charlie Eaton would not be eligible because he was not a worker in and around the workplace when he signed up (or at any time thereafter).
      ARTICLE 6Section 2.a”The applicant must, at the time of application, be an actual worker in and around the workplace.”
      Sorry Charlie.

  • Rackrmnn

    Well written article.  Most of the media coverage of this election has been heavily pro-AWDU, so it’s pleasing to me to see something more balanced.  In full disclosure, I campaigned for the USEJ slate and was one of the 8 or so of us that attended the meeting.

    • Cherry-Picker!

      And why was it that USEJ could only muster 8 people to attend the statewide meeting? Either you were hoping that we would not achieve quorum (so democratic of you!), or you didn’t feel it was important enough to organize members to come to a meeting where rank and file members are most empowered to make decisions, or you have no *actual* support among the membership?

    • http://www.facebook.com/people/Steven-Attewell/1766239085 Steven Attewell

      Because it’s not that easy to get people from Southern California to come all the way up to Berkeley on two weeks notice when we’re still in session and have papers and exams to grade?

    • BylawsReader

      As part a group of at least a couple dozen members who came from Southern California, from a variety of campuses, to the detriment of my own TAing and studying responsibilites, and had to engage in some difficult organizing, scheduling, and ride sharing in order to do so, and would have had to do that no matter what segment of the quarter a meeting was called for and for any meeting outside of my campus, I don’t really get the complaint.

      The leadership provided child care services, facilitated ride sharing, and will reimburse travel expenses.  Has that happened for any other statewide? (I don’t think so)  Has any other statewide met quorum? (No).  Clearly things weren’t that difficult.

      (PS – please point me in the direction of Berkeley and Davis and Santa Cruz students complaining about only two weeks notice for the last special membership meeting, held at UCLA in November, in the middle of the school week during 10th week and during the contract ratification vote, with no travel reimbursement, child care, or provisions for ride sharing.)

    • http://www.facebook.com/people/Steven-Attewell/1766239085 Steven Attewell

      Other states have met quorum – I’ve been in them. But there’s a reason we schedule them in advance – so that people have time to plan. You say that you came from So Cal – great! But do you really dispute that Northern California, especially Berkeley, were wildly overrepresented? Or that USEJ folks might not be enthused about attending AWDU’s victory party two weeks after a bruising election?

    • http://www.facebook.com/people/Steven-Attewell/1766239085 Steven Attewell

      Because it’s not that easy to get people from Southern California to come all the way up to Berkeley on two weeks notice when we’re still in session and have papers and exams to grade?

  • Brian Chiu

    Co-founder of the Irvine branch of UAW Local 2865 (Student Workers Union/UAW) and first southern VP of the Local here… for your information, we have far exceeded quorum plenty of times in statewide meetings.