By the University Staff Association (USA) Communications Committee

As USA enters month number ten at the bargaining table with University management, USA continues to hold firm in their demands. The bargaining team insists on realistic wages and benefits for staff that are in parity with other UMass Amherst staff unions and closer to the reality of the cost of living in Amherst. The bargaining team wants protections for USA positions against the real and tangible threats of irresponsible Artificial Intelligence (AI) implementation and privatization. And USA’s bargaining team continues to insist that staff members who work nights, weekends, and holidays need to stop being neglected by university administrators, who continue to ignore them during dangerous weather. 

University management’s bargaining team continues to stall, often countering USA’s arguments supported by data with their own feelings by saying, “we believe this is sufficient.” 

No facts. No data. No logical arguments. Just hurt feelings and ignorance. 

Management has fired the latest salvo in their inability to bargain in good faith: by announcing at the June 4th bargaining session that they would be petitioning the Massachusetts Department of Labor Relations (DLR) for a mediator to assist with the bargaining process. 

“We believe that we are spending a great deal of time in the realm of dialogue, communication, or miscommunication. We honestly think the assistance of a mediator would probably help us do this differently, or better. We are moving forward with that,” said management’s bargaining team lead Alexcia Davis.   

Some Silent Bargaining Representatives (SBRs) in attendance reacted to the news with cautious optimism, particularly because USA’s bargaining team has been making movements and concessions on their own proposals to try and urge movement from management. Their hope is that a mediator could pry something out of management that differs from their current strategy of delaying without engaging in meaningful discussion or trying to find compromise.  “While it’s technically not bad faith, it certainly doesn’t feel like GOOD faith,” one commenter wrote. 

The prevailing sense at the table was confusion about what mediation means for the bargaining process going forward. Unfortunately, it’s a bit more complicated than that. 

Mediation: How Does It Work? 

Mediation isn’t just an informal addition to bargaining, and it’s certainly not the impartial process that your bargaining team would find beneficial.  Mediation is a step defined in MGL Chapter 150E, Section 9, where “after a reasonable period of negotiation over the terms of a collective bargaining agreement, either party or the parties acting jointly may petition the board for a determination of the existence of an impasse.”  From a legal standpoint, mediation is a profound first step on the path towards a declaration of impasse – and a “last, best offer” from management, which takes the process almost entirely out of your hands.  Imagine a contract with management’s “best offers” and worst takebacks (less any agreements already TA’d by both sides), and you don’t even get a vote to ratify. While this is not a quick process, you are now on the clock to protect yourself against an imposed contract. 

The mediation process also undermines the Silent Bargaining Representative process.  Typically, during mediation, a mediator separates the two bargaining teams and acts as an intermediary between the two. Where management is held accountable by their words and actions at the table, SBRs would not be able to see or hear what is being said – it would be filtered through the mediator, whose sole purpose is not to address the issues that you have, it’s to get both sides to sign a deal and get back to work. 

It gets worse: mediation sessions are considered off the record, and the mediator cannot force movement from either side.  The mediator CAN, however, recognize that impasse exists, and escalate bargaining to the fact finding phase, which can lead to binding arbitration – an all-or-nothing process where one side’s best offers on the table are imposed by court order and not subject to ratification from either side. 

 USA Objects to Mediation 

The DLR has responded to management’s request and assigned a mediator to this case. In response, USA’s bargaining and negotiation teams voted unanimously and replied to the notification with a letter asking for dismissal of the request, as both sides continue to negotiate and reach tentative agreements (including two TA’s signed at the very meeting that the “announcement” was made).  USA bases this argument on three questions that a mediator would ask: 

• Have both parties been bargaining for a “reasonable period of time?”  

• Is movement still being made?  

• Have there been offers that haven’t been responded to? 

The first question requires a look at what would be considered reasonable. Although we are currently in month 10 of bargaining (including the first four meetings that were limited to discussions of ground rules), previous bargaining sessions took anywhere from 13 to 20 months to reach agreement.  

The second question is an easy “yes.” Movement is absolutely being made – as we just reached 2 tentative agreements at the last bargaining session.  

The third question is a bit more complicated. All initial proposals from the USA Bargaining Team have indeed been responded to by management (not thoughtfully, but at least satisfying the bare minimum as required by law). 

USA’s Bargaining Team has concluded that the legal conditions for an impasse are just not there. 

The time to get involved is NOW.

If you’re not convinced of management’s behavior at the table, by all means, don’t just take our word for it.  Sign up to be a Silent Bargaining Representative (SBR) for an upcoming bargaining session and hear the proposals for yourself, join your coworkers in discussion during caucus, and be a proactive member of the team. Join your coworkers – sign up to be an SBR today!

The Contract Action Team (CAT) of USA is a growing team of your coworkers from across campus who recognize that the true leverage at the table lies within you, your colleagues, and your campus community. As your contract is in greater danger than at any time in the past several months, your action and support is now critical to ensuring a fair contract for you and your coworkers. The CAT meets on Fridays at 12pm to discuss the next steps in organizing – and your input is welcome. Sign up for an invite link now!