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THE UNIVERSITY DAILY KANSAN
VOL. 103, NO.21
THE STUDENT NEWSPAPER OF THE UNIVERSITY OF KANSAS
ADVERTISING: 864-4358
MONDAY, SEPTEMBER 20.1993
(USPS 650-640)
NEWS:864-4810
A DEBATE OVER STATUS
THE MAIN ISSUE
THE MAIN ISSUE Today's hearings will determine whether graduate teaching assistants are public employees as defined by the Kansas statutes.
THE STAKES
THE GTAS' STANCE
THE GTAS' STANCE GTAs maintain that because they work for a public agency, the University, they are by definition public employees.
If the GTAs are found to be public employees, they will have the right to form a bargaining unit, which could negotiate terms and conditions of employment with the University.
THE UNIVERSITY'S STANCE
The University's STA nce The University says that the Kansas statutes do not address GTA status and that the nature of the relationship between the University and the GTAs is academic, not employer to employee.
KANSAN
Hearings hold key to union formation by University's GTAs
Issue progresses toward resolution after lengthy delays
By Kathleen Stolle Kansan staff writer
Today begins the long-awaited hearings to determine whether the University of Kansas' 1,100 graduate teaching assistants are public employees — and therefore eligible to form a union.
Expected to run through Friday, the hearings are from 8 a.m. to 5 p.m.at the Pioneer Room in the Burge Union. A hearing examiner from the Kansas Public Employees Relations Board will hear the case. The meetings are open to the public.
The hearings pit GTAs against University administration in a disagreement about the status of GTAs as public employees. According to the Public Employer-Employee Relations Acts, or PEERA, of the Kansas statutes, a public employee is any person — excluding supervisory, professional, elected or confidential workers — employed by any public agency, such as a state university. Public employees have the right to form employee organizations, such as bargaining units.
The GTAS, represented by Scott Stone of the Kansas Association of Public Employees, say that, by definition of PEERA, they are public employees.
“It’s kind of funny; we’re spending all this time and money to argue over about 15 words, but there’s quite a bit at stake over the interpretation of those words,” Stone said.
Stone said he planned to introduce about 80 pieces of evidence and about eight witnesses, including GTAs and faculty members.
"Their real goal is to form a bargaining unit," Stone said. "If they are found to be public employees under PEERA, then they can get together and have some kind of strength in numbers to negotiate terms and conditions of employment."
The University, represented by assistant general counsel Karen Dutcher, maintains that GTAs are outside the umbrella of PEERA.
"What we will be arguing is although they are performing a service to the University, the essential nature of the relationship is academic." Dutcher said.
She said she would call about 10 witnesses, including faculty members and Howard Mossberg, dean of the graduate school. Dutcher said she planned to present about 30 documents. Testimony about the nature of teaching assistanceships would be the key to the University's case, she said.
"I don't view this as a document case but as a case that turns more importantly on the testimony of the faculty members," she said.
The GTA issue was sparked in Fall 1991 when several of the University's GTAs began gauging interest among their peers in forming a bargaining unit. Their efforts were thwarted when the University challenged GTAs' status as public employees.
On Feb. 25, 1992, the Kansas Association of Public Employees filed a petition with the relations board on behalf of the GTAs, requesting a hearing to determine their status. Since the original hearing date Oct. 6, 1992, the hearings have been delayed three times. The delays were the result of requested continuances from both the GTA and University counsels. Reasons for the continuance requests included late submittal of documents, witness lists and discovery request responses.
Looming beyond the employee status argument is the issue of collective bargaining and what that would mean for both sides.
GTAs Christina Sharp and David Reidy said that through collective bargaining, GTAs could pursue issues such as health benefits, pay and multi-year contracts. As of now, GTAs have no forum to collectively express their grievances, they said.
"There's no procedure at all for us to represent ourselves as employees," Sharp said. "Right now there is no bargaining table."
Mossberg said the University shared many of the same concerns as the GTAs. However, he said that tradition should be maintained and that GTAs should be prepared for the similar system they will enter into when they leave the University.
"My concern is we've had 127 years of collegiality and the system they'll be going into is collegial," he said.
"You get two things when you start working centrally," he said. "You might get more power for the GTAs, but you also limit responsiveness on the part of the departments and the students."
Mossberg said collective bargaining could be disadvantageous to individual GTAs.
David Stewart contributed information to this story.
Student group to guide grievances
Panel created to advise students with complaints
By Donella Hearne Kansan staff writer
A new student advocacy group created with the intention of helping students solve grievances hopes to make the University's grievance procedures less intimidating to students.
The creation of the Student Advocacy Group was announced Thursday. It consists of three students from the Student Senate's Student Rights Committee; Benjy Schwartz, co-director of the student jobbing group; Jeff Russell, head of the Student Rights Committee; and John Altevogt, vice chairperson of the Student Senate Executive Committee.
Altevogt said the main purpose of the group would be to inform students of their options for solving problems and voicing complaints.
The July dismissal of Emil Tonkovich, former professor of law, was one of the reasons Altevort created the group, he said.
Altevogt said that the women who made
sexual harassment allegations against Tonkovich had not received the support they needed and that the new advocacy group would provide that kind of support.
"The group is there to deal with abuses of power," he said. "Students won't have to face the problems by themselves."
Altevogt said the group would handle each case on an individual basis and in accordance with students' wishes.
He said that he would review the complaints received by the group, unless the student requested it be read by a specific person. For instance, if a woman did not want her complaint read by a male, she could write "Attention: Female" on the envelope, and Altevogt would pass the letter to a woman. He said that the group planned to contact women's groups on campus this week to ask for help in handling such matters.
Barbara Ballard, associate dean of student life and director of the Emily Taylor Women's Resource Center, said the group could be of help to the student body. Although the University has several offices, such as University Ombudsman, Department of Student Life and the Office of Affirmative Action, that are specifically set up to handle student concerns, students may feel more comfortable speaking with other students. Ballard said.
"My feeling is you really can't have too many avenues or options for students," Ballard said. "There might be some students who might not feel comfortable coming forward to talk to administrators."
She said she thought it was important that the group concentrate on advising students about how they could solve their grievances by going through the proper University offices. /
John Shoemaker, student body president, said the Senate had talked about forming an advocacy group last year. He said that because most students were unfamiliar with grievance procedures and various administrative offices, the group definitely would benefit the student body.
"It's a great idea, even if it helps only one student," Shoemaker said. "It will be there to solve whatever problem a student might have."
Students with complaints, concerns or questions can write to: Student Advocacy, P.O. Box 1375, Lawrence, Kan. 66044.
William Alix / KANSAN
Marching on
Approximately 6,300 high school band members fill Memorial Stadium. Bob Foster, KU band director, said Saturday's Band Day was one of the largest in the event's 50 year history.
Watkins adds fifth female physician to staff
By Liz Kllinger
Kansan staff writer
It was Friday at Watkins and the on-call doctor, Leah Luckeroth, was definitely in. By 3 p.m. the University of Kansas Medical School graduate had treated patients for such aliments as a sore throat, finger laceration, sprained ankle, infectious diarrhea and eye trauma.
On Aug. 16, Luckerhot became the fifth female physician on a staff of 10 at Watkins Memorial Health Center. Until 1898, Watkins had never had more than two female physicians.
Charles Yockey, chief of staff at Watkins, said the increase in female physicians at Watkins was the result of selecting the most qualified candidates, rather than seeking an
equal number of male and female physicians.
Yockey said that the only time Watkins ever specifically recruited a female physician was in 1989, when the health center no longer had any female physicians. At that time, two female physicians were hired, Patricia Denning and Dee Ann Deroin. Watkins also hired Myra Strother in 1991 and Linda Lyle in 1992.
Yockey said all the female physicians practiced general medicine and basic gynecology. Denning and Luckeroth are internists and DeRoin, Strother and Lyle are family practice physicians.
All the male physicians work full time, but Luckerhorn is the only full-time female physician. Yockey said the other female physicians all had children and usually worked
afternoons. He said the arrangement worked well at Watkins.
Although those four physicians only work 20 hours a week, it's at a time when they are needed most, Yockey said.
Yockey said that 20 percent of patients made specific requests about the sex of their doctor and with more female physicians, patients would have a greater choice.
"Women (physicians) tend to see more women patients," Luckeroth said.
Yockey said that the increasing number of female physicians reflected the growing number of female medical students. In 1972, there were only five females in a class of 125 at the Med Center. About 50 percent of this year's 195 medical students are female.
Football woes
The Jayhawks suffered their third defeat to a Division I school this season when they lost to Utah on Saturday at Memorial Stadium 41-16.
Page 9.
Lawrence doctor begins service with Regents
By Christoph Fuhrmans Kansan staff writer
John Hiebert wants to know how things work.
"The bookshelf behind me represents that interest," said the cardiologist and newest member of the Board of Regents, as he pointed over his shoulder to shelves of books on decision analysis theory in his office at Preventive Cardiology. 404 Maine St.
He was appointed to the board on July 16 by Gov. Joan Finney and will be considered for confirmation by the state Senate when it convenes in January 1994.
For most of his life, Hiebert has been involved with use University. He graduated with a bachelor of arts degree in mathematics in 1963 and graduated from the University of Kansas Medical Center in 1968.
Hiebert, of Lawrence, now will use his curiosity as the newest member of the Regents.
During his sophomore year, Hiebert met his future wife, Nancy Bramley. She works with her husband at Preventive Cardiology where she is the chief operating officer.
The Hieberts have two children, Eric, who teaches part-time in the School of Engineering, and Rebecca, who is a case manager at the Wyandotte County Mental Health Clinic in Kansas City, Kan.
Even though he has many ties to KU, Hiebert said he would not be a biased Regents member.
"My loyalty is very broad in the context of this Board appointment," he said. "It is a significant responsibility, and I take it very seriously."
Hiebert said he would use his own personal ideals to help the Regents improve the state's universities.
"I grew up in a family where education was highly valued," he said. "And I view this opportunity as a way to give back to the state by serving on this board."
Corman said the Regents were pleased when Hiebert was appointed.
"They're just really tickled to death to have him on board," he said. "He brings us an incredible amount of medical knowledge."
The Board of Regents is made up of nine members from all over the state. Board members meet in Topeka for two day meetings 10 times a year.
The Board sets academic, fiscal and legal policies and controls more than $1 billion for the six Regents universities — the University of Kansas, Kansas State University, Wichita State University, Fort Hays State University, Pittsburg State University and Emporia State University.
Susan McSpadden / KANGAN
"Most people don't even know what a board of regents is," Corman said. "The board has total control over the universities."
John Hiebert, a Lawrence cardiologist, was named to the Board of Regents in July and will be considered for confirmation in January 1994.
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The other members are Corman, Topeka; Robert Caldwell, Salina; Rick Harman, Mission; John Montgomery, Junction City; Shirley Palmer, Fort Scott; Frank Satabin, Topeka; Donald Slawson, Wichita; and Sidney Warner, Cimarron.
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