Montgomery College Agrees to Neutrality - Or Does It?

Regular readers will recall how Montgomery College told its adjunct professors that they were "not public employees" in order to avoid allowing them a union election. Now the college is claiming to be "neutral." But is it?

Two days ago, the President of Montgomery College sent out the following memo to adjunct professors:

MONTGOMERY COLLEGE
Office of the President
April 14, 2008

MEMORANDUM

To: Part-Time Faculty
From: Brian K. Johnson, President
Subject: Service Employees International Union for Part-Time Faculty

Many of you are aware of the petition filed by SEIU Local 500, seeking to represent adjunct faculty for purposes of collective bargaining. I wanted to clarify the College's position in this matter. We are not anti union, we are neutral, and will respect the right of adjunct faculty to decide through a secret ballot vote on whether you wish to be represented by the union. Throughout this process we must perform our organizational and legal duties. This includes making sure that the unit proposed is authorized by Maryland law to do so and to make sure that the definition of the unit to be organized is sufficiently clear and appropriate so that elections can be conducted in accordance with the requirements of law. These steps followed in accordance with the requirements of Maryland law result in benefits to all concerned and eliminate tremendous legal and logistical problems in the future.

We are working with the Maryland State Commissioner of Labor and SEIU Local 500 to seek an expedited election process that will allow you to vote on this question as soon as possible. Information regarding the election procedures will be forthcoming from the Commissioner's office in the very near future.

Montgomery College has a rich history of harmonious labor relations with our employee unions. We are committed to that tradition continuing with SEIU or any other union, should they become your collective bargaining representative.

It is encouraging to hear the college proclaim its "neutrality" though I have heard such statements from anti-union employers many times over the years. The true test of neutrality is not what the college says, but what the college does.

The adjuncts are seeking an election prior to the end of the semester, which occurs in mid-May. The college states that it "must perform our organizational and legal duties," which include "making sure that the unit proposed is authorized by Maryland law to do so and to make sure that the definition of the unit to be organized is sufficiently clear and appropriate so that elections can be conducted in accordance with the requirements of law." If the college contests the definition of the bargaining unit - a common tactic used against workers who want a union - it can easily run out the clock on the semester. That would give the college all summer to plan a more aggressive campaign against the adjuncts in the fall.

If the college is genuinely neutral, it must agree to an election in the next couple weeks. Otherwise, its declaration of neutrality will be proven as baseless as its claim that the adjuncts are not public employees.