Board of Regents

03-05-98minutes

Board of Regents

OFFICIAL MINUTES

Emergency Meeting of the

University of Alaska Board of Regents

March 5, 1998

VIA AUDIOCONFERENCE

OFFICIAL MINUTES

Regents Present:
Michael P. Kelly, President - Nashville, TN
R. Danforth Ogg, Vice President - Kodiak
Mary Jane Fate, Secretary - San Diego, CA
Chancy Croft, Treasurer - Anchorage
Michael J. Burns - Anchorage
Elsa Froehlich Demeksa - Juneau
Sharon D. Gagnon - Maui, HI
Joseph R. Henri - Anchorage
Joe J. Thomas - Fairbanks

Jerome B. Komisar, Executive Officer and President of the University of Alaska - Washington DC

Regents Absent:
Annette M. Nelson-Wright
Lew M. Williams, Jr.

Others Present:
E. Lee Gorsuch, Chancellor, University of Alaska Anchorage
David Creamer, Vice President for Finance and Planning
James A. Parrish, General Counsel
Wendy Redman, Vice President for University Relations
Jim Johnsen, Director, Labor Relations
J. Mark Neumayr, Associate General Counsel
Jeannie D. Phillips, Board of Regents' Officer
Dawn Hunziker, Board of Regents' Coordinator

I. Call to Order

President Kelly called the meeting to order at 10:10a.m. A.S.T.

II. Adoption of Agenda

Regent Croft moved, seconded by Regent Fate, and passed unanimously that:

PASSED

"The Board of Regents adopts the agenda as presented.

I. Call to Order
II. Adoption of Agenda
III. Acceptance of Bargaining Unit Contract between the University of Alaska and the University of Alaska Classified Employees Association
IV. Acceptance of Bargaining Unit Contract between the University of Alaska and United Academics-AAUP/AFT
V. Adjourn

This motion is effective March 5, 1998."

III. Acceptance of Bargaining Unit Contract between the University of Alaska and the University of Alaska Classified Employees Association

Board of Regents' Policy 08.10.02 - Agreements with Collective Bargaining Agents, states:

No collective bargaining agreement shall be binding upon the Board of Regents without prior approval of the entire agreement by the Board of Regents.

Pursuant to policy, the university administration has tentatively agreed upon a contract with the University of Alaska Classified Employees Association (UACEA).

Director Johnsen explained that the votes would be counted this evening regarding the ratification of the UACEA contract by its members.

Regent Gagnon moved the main motion, seconded by Regent Croft.

Regent Fate moved a friendly amendment to the motion to add the dates of the term of the contract. The friendly amendment was accepted.

Regent Gagnon moved a friendly amendment to the motion to replace the word "accept" with "approve" followed with "contingent upon ratification of the membership". The friendly amendment was accepted.

The motion was approved by unanimous consent as follows:

PASSED AS AMENDED

"The Board of Regents approves, contingent upon ratification of its membership, the bargaining unit contract between the University of Alaska and the University of Alaska Classified Employees Association, for the period of January 1, 1998 to December 31, 2000, as presented. This motion is effective March 5, 1998."

IV. Acceptance of Bargaining Unit Contract between the University of Alaska and United Academics-AAUP/AFT

Board of Regents' Policy 08.10.02 - Agreements with Collective Bargaining Agents, states:

No collective bargaining agreement shall be binding upon the Board of Regents without prior approval of the entire agreement by the Board of Regents.

Alaska Statute 14.40.170(a)(2) provides:

The Board of Regents shall . . . fix the compensation of the president of the university, all heads of departments, professors, teachers, instructors, and other officers; . . .

Alaska Statute 14.40.170(b)(1) provides:

The Board of Regents may . . . adopt reasonable rules, orders, and plans with reasonable penalties for the good government of the university and for the regulation of the Board of Regents.

The Alaska Supreme Court has stated:

Through legislative enactments, the University enjoys a considerable degree of statutory independence. Not only does the board of regents have the constitutional authority to appoint the president of the University, formulate policy and act as the governing body of the institution, but the legislature has specifically empowered it to fix the president's compensation and the compensation of all teachers, professors, instructors and other officers . . .

Pursuant to this policy and legal authority, the university administration has tentatively agreed upon a contract with the United Academics-AAUP/AFT union. Director Johnsen stated that the United Academics membership ratified the agreement.

Regent Gagnon moved, seconded by Regent Fate, to approve the motion.

Regent Fate asked approval of two friendly amendments: the replacing of the word "accept" with "approve" and the addition of the dates of the term of the contract. The friendly amendments were accepted.

The main motion as amended was approved with Regents Croft, Fate, Gagnon, Henri, and Kelly voting in favor and Regent Ogg voting in opposition.

PASSED AS AMENDED

"The Board of Regents approves the bargaining unit contract between the University of Alaska and United Academics-AAUP/AFT, for the period of January 1, 1998 to December 31, 2000, as presented. This motion is effective March 5, 1998."

V. Adjourn

Board President Kelly adjourned the meeting at 11:30 a.m.

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