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University Dally Kansan
Wednesday, August 20. 1975
3
Playing the Buckley amendment game ...
From page 1
"We have to weigh the results," he said.
Is the injustice corrected equal to the正义? No, it is not.
If you find it more frustrating to make decisions about recommendations under the Buckley amendment, consider the plight of many University administrators. The amendment has come close to causing many of them to tear their hair by the roots.
The amendment has brought more paperwork for administrators than benefit to students, according to University attorney Davis.
"The amendment wasn't worth it," he said. "The University already had open records policy except for an recommendations."
The amendment has created some bizarre bureaucratic twists. For example, if you are a student and are arrested by the KU security and parking Department, your phone number will be locked. If you are arrested with a nonstudent, only his name can be released. But if Security
and Parking files a report with the
phone number of the person who sent
news media can obtain your name there.
Another example: if you receive an award, the Office of University Relations can tell a newspaper what clubs you belong to but not who your parents are. The routine . . . . .
The Educational Placement Bureau has perhaps been hardest hit by the provisions of the amendment. Unlike placement services in the schools of business, engineering and journalism, the EPB keeps variations as part of its users' credentials.
Director Regier said his office had to change a number of procedures to comply with the amendment. Each registrant was sent a form to indicate whether he wanted to limit access to his files by prospective candidates. The letters of recommendation were submitted after Jan. I had to sign statements retaining or waiving their right to see them.
Registrants who don't return the forms will have their credentials treated as in the past, Regier said. Prospective employers will be allowed to examine credentials without a registrant's prior permission.
Regier said his office had developed a recommendation form that included the registrant's preference to retain or waive his right to see the finished recom- pendence. A professor will thus know whether the recommendation will remain confidential.
Departments at the University whose files include professors' recommendations have developed a variety of ways to deal with the Buckley amendment.
John Landgrebe, chairman of the department of chemistry, said recommendations for incoming graduate students would be returned at the end of the summer to professors who wrote them. The only exceptions, he said, will be recommendations accompanied by a waiver acknowledging their confidentiality.
Prof 'union' bargained for
By JACK FISCHER Kansan Staff Reporter
Collective bargaining for faculty members at the University of Kansas came a year ago.
Whether an agent to represent the faculty will be chosen in the near future, and what the implications will be if one is chosen are still matters of speculation.
Another unanswered question is whether the faculty even desire such an agent.
THE PUBLIC EMPLOYEES Relations act, established by the Kansas Legislature in 1971, created statutory provisions for public employees which parallel the protection granted unionized employees in private enterprise.
"Constitutional provisions as to contract, property and due process do not apply to the public employer and employee relation. shin." the law states.
There are differences between the concept of collective bargaining, which the law established, and labor unions. In a collective bargaining situation, such as at the University's campus, the employer required only to "meet and confer in good faith" and no binding agreement can be made. In the University's situation the final arbitration of any dispute falls to the Board of Regents and the legislature. Another scenario is that public employees can't strike.
The Public Employer-Employee Relations Board (PERB) was established by the state to determine whether a particular group should be included in a particular group and to determine who should be included in that group. The board also has the option of creating more than one unit at a particular place of em service or no unit at all, as they deem suitable.
DONALD BROWNSTEIN, who was chairman of a committee investigating collective bargaining for the American Association of University Professors (AUP) last fall, said PERB would decide who would be included in a unit. Decisions would be based on similarities of work, geographical closeness of employees and relationships. If units are created, the next step for KU employees would be to select agents as candidates to represent them. Any organization presenting a petition with signatures from 30 per cent of a unit's members would be a candidate.
The unit would then vote to select an
one or two votes no representation
dependent on the vote.
For three days in late June and early July, the PERB board had public hearings
in the Council Room of the Kansas Union to gather information to determine unit
of dealing with issues affecting the faculty, such as restrictions on outside activities and implementation of Affirmative Action legislation. He was convinced him to petition for the hearings.
THE HEARINGS WERE initiated by Carl Leban, associate professor of oriental languages and literature, and four unquestionably great authors without AUAP approval, because a motion made by Leban for such action died at a 1974 AUAP meeting for lack of a second.
"We have something atin a centralized democracy here, where suggestions come up from the bottom, but all the decisions are made at the top," he said.
Leban said the administration's methods
UNDER COLLECTIVE bargaining.
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Landgrebe said that all recommendations had been retained in the past, but that the amendment had brought on the change.
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Evelyn Senecal, director of admissions for the School of Law, said that recommendations would be destroyed when students registered in the fall. Names and persons writing the recommendations will be kept in a student's file, she said.
Gerhard Zuther, acting chairman of the department of English, said his department had not established a policy on access to recommendations.
The variety of approaches in the
"I would look at the file to see if there was a waiver or a statement that the recommendation wasn't 'confidential,' he said. "I will tell you two lawyers, I would call the University attorney."
departments is likely too continue, for Davis said that the office of the University attorney would make no attempt to dictate a uniform policy.
Debate about the effects of the Buckley amendment is likely to continue for some time. Meanwhile, let us open the box and the puppets, for our play is just beginning.
"I'm not interested in a uniform policy," he said. "As long as you the department is not interested in that."
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