Note from the University Staff Association (USA): This message was originally emailed to members of the University Staff Association (USA) and Professional Staff Union (PSU) on behalf of the joint-union Advancement Labor Team. This update was the latest update in the fight against the illegal privatization of the UMass Amherst Advancement Division, which has been ongoing since May of 2023.
Dear USA Member,
We’re writing today with important news on our ongoing fight against the illegal privatization of the UMass Amherst Advancement Division.
PSU and USA Win Time Tracking Code for Foundation Work
As you may know, despite the illegal privatization of Advancement, the UMass Amherst Foundation (UMAF) and UMass management have repeatedly asked our members (many of whom are former Advancement staff) to work on projects and tasks for the Foundation. To protect all of our members and their pensions, the PSU and USA unions demanded that the university establish a time tracking code in HR Direct, the official UMass system-wide time tracking platform for all statutory time. Such a code will ensure that we can track our time spent on these requests, and spend no more than 25% of our work time performing services for the UMAF, a limit that is required of us by Massachusetts General Law.
After months of negotiations, the unions have won an agreement with the university that establishes this time tracking code—now in HR Direct and ready for use as ZUMAF—along with an agreement for how work involving the Foundation will be assigned and tracked.
Read the Memorandum of Agreement between the unions and the university.
Here are some highlights from the agreement:
- Based on timekeeping records submitted as ZUMAF through HR Direct, no UMass Amherst bargaining unit member will spend more than 25% of their work hours per year engaged in services for UMAF, in accordance with state law.
- Under the law and by agreement, the 25% limit for performing “services for the foundation” will be documented annually, using the calendar year.
- Any work tasks that are designated “services for a Foundation” by the UMass Amherst administration, in accordance with this agreement, shall be assigned to bargaining unit members by a UMass Amherst employee, NOT BY AN EMPLOYEE OF THE UMAF.
- UMass Amherst will ensure that employees who are engaged in services for the UMAF will have access to reporting to monitor their time logged as ZUMAF.
If you have any questions about whether a task you are performing should be coded as ZUMAF in HR Direct, ask your supervisor. It is the sole responsibility of the UMass Amherst administration to provide direction to all UMass employees about what work tasks constitute “services for a foundation.” It is our understanding that HR will be providing instructions on how to use this time tracking code in the HR Direct system. If the UMass Amherst administration cannot—or refuses to—clarify this for you, respectfully request an alternative assignment and contact a union representative immediately for assistance.
While the PSU and USA continue to assert and believe that UMAF employees are performing bargaining unit work—and that some of the work being labeled as “services for a Foundation” is our bargaining unit work—we are reserving our rights to continue that legal challenge while protecting our pensions.
PSU and USA Settle Unfair Labor Practice (ULP) Charge Over “Transfer Agreement”
In December 2023, after filing charges with the DLR and making our case that UMass violated the law in their implementation of the May 10, 2023, Advancement “Transfer Agreement,” which provides enhanced rights and protections for the 125 affected Advancement members whose positions were privatized to the Foundation, the DLR sided with the unions in issuing a complaint against UMass on multiple counts. Rather than going to a formal hearing on the matter, we were able to reach an agreement on February 20, 2025, that allows former Advancement members directly impacted by the privatization of the bargaining unit work to again engage in a modified version of the transfer process for a short period if their new job is not a good fit. It also extends the period that the University will guarantee funding any of the positions created for former Advancement members under the original agreement by a year and a half. Please contact your union as soon as possible if you have a question about any of this.
A History of the Illegal Privatization of Advancement
On May 1, 2023, International Workers Day, then-Chancellor Subbaswamy emailed the entire Advancement division that layoff notices were being prepared and announced that UMass would go through with “the transfer of fundraising, alumni relations, and related Advancement activities to the private, UMass Amherst Foundation (UMAF.)” 125 state jobs were eliminated and privatized. These former Advancement employees’ lives were upended, and they were forced to either find a new job at the university, leave UMass altogether, or apply to work at the private UMAF. Any employee who left state service (including to take work at the UMAF) would no longer be eligible to participate in the state retirement system and would lose their union affiliation and related benefits.
On May 11, 2023, Massachusetts State Auditor, Diana DiZoglio, sent a letter to then-Chancellor Subbaswamy asserting that the legal requirements for privatizing Advancement have not been met, and management must immediately stop the privatization process. In addition, because management did not bargain in good faith with the unions over this, the PSU and USA filed charges against UMass with the Massachusetts Department of Labor Relations (DLR), and on July 27, 2023, the DLR issued a consolidated complaint with four probable cause findings against management.
The unions and UMass management engaged in a series of hearings with the DLR over the summer and fall of 2024, and we are currently awaiting a verdict from the DLR. In addition, on May 31, 2024, just over a year after 125 state jobs were eliminated, the Office of the State Auditor (OSA) issued its final determination that UMass Amherst violated the Taxpayer Protection Act (TPA) and broke the law when it privatized and outsourced Advancement operations from UMass Amherst to the private UMAF.
When you and your co-workers fight for each other, we all win!
In Solidarity,
Your University Staff Association and Professional Staff Union Colleagues