UA 2022 Winter Update: January 21st

Click here to view the following announcement in PDF format.

Dear faculty,

While we are experiencing this Omicron surge and guidance is evolving so rapidly, UA will continue to send these regular updates. We want to highlight key preventative measures UVM could reasonably take to be not just bare-minimum compliant but also proactive in ensuring public health. As long as UVM’s expectation is for faculty to teach in person, to teach in overcrowded classrooms, and to be available to teach, UVM should take steps that ensure that faculty can safely and reasonably meet these expectations. We will keep you updated on each issue.

1.     SUCCESS: UVM BCBSVT insurance will cover rapid tests

Here is the previous situation:

Until last week, UVM’s BCBSVT insurance did not cover rapid antigen COVID tests. As a self-insured entity, UVM had the power to ensure rapid tests are covered, and in fact, other self-insured entities including UVMMC did choose to cover rapid tests. United Academics members put pressure on the UVM administration to cover rapid tests for covered employees.

Here is the update:

Since our last memo, a ruling from the Biden administration required self-insured plans to cover at-home antigen testing for free starting January 15. UVM will comply, covering 8 tests per 30 day period for each person covered by UVM's insurance (that includes dependents.) They will not reimburse for tests already purchased.

Here is what we need from you:

No ask at this time. If you run into problems with test coverage, please let us know.

2.     SUCCESS: UVM will provide medical-grade masks

Here is the previous situation:

Instead of directly supplying N95 or KN95 masks, UVM allowed faculty to use professional development funds to buy medical-grade masks (in response to UA’s request for this exception).

Here is the update:

After last week’s memo, UVM moved to purchase and distribute three medical grade masks to every UVM community member on campus. Faculty can pick up masks at the Davis Center information desks.

Here is what we are doing:

During this pandemic, especially when UVM is not arranging for socially-distanced classrooms, an adequate mask is a piece of equipment necessary to performing the job of teaching in person. Equipment necessary for work should be provided by the employer. Providing some masks is a start; however, most faculty will need more than three medical-grade masks to continue to teach safely on campus. UA has requested that the administration provide additional masks to faculty as needed.

Here is what we need from you:

If you need more medical-grade masks for teaching, contact Gary Derr (Gary.Derr@uvm.edu) and make your need known (copy info@unitedacademics.org so we can track these requests.) 

3.     UPDATE: Modality change process is slow to respond to faculty needs during a surge

Here is the current situation:

UA negotiated a reasonable long-term modality change process during COVID-related impact bargaining in summer 2020. Variant surges, in combination with health conditions in individual faculty members’ households (eg., immuno-compromised or vaccine-ineligible family members), mean some faculty members feel particularly vulnerable in the classroom during the current COVID surge. In addition, many students have already been absent for COVID-related illness or exposure and requested various accommodations, including remote access to class. For all of these and other reasons, faculty in some cases have determined that a short-term shift to remote instruction is the most appropriate way to proceed.

Faculty currently have two options to request a modality change: 1. A formal request for longer-term shifts, which is reviewed by the Provost’s office and may involve an ADA process, and 2. An immediate request, through the department chair, for a short-term change. During the Omicron surge, a one-day modality change is not sufficient and a long-term modality change may be onerous and/or unnecessary.

Here is what we are doing:

United Academics is asking the administration to allow faculty the flexibility to make immediate modality changes for periods of up to a week. The process must be as swift and simple as a one-day modality change. This would provide reasonable flexibility in response to faculty and student health needs: for example, faculty teaching large and crowded classes; faculty who are in isolation or who have a dependent in isolation; faculty with a large number of students requesting remote accommodations. We are also concerned that faculty feel pressured to reveal protected medical information in order to secure a modality change.

Here is what we need from you:

If you are in a situation of needing to shift modalities, you should not reveal HIPAA-protected details about your or a family member’s medical conditions on the modality change form. Reach out to our Contract Administration Committee if you need support in navigating a modality change process (contract@unitedacademics.org).

  1. NEW: Shifting norms put unfair remote teaching expectation on faculty

Here is the current situation:

UVM set an expectation that faculty will teach in-person for the 2021-2022 academic year. Faculty also have the right to request a modality change. Normally, UVM faculty are responsible for teaching in person, or if they are approved to teach online, they are responsible for teaching remotely. It’s one or the other.

However, the UVM administration is encouraging shifting norms that implicitly or explicitly pressure faculty teaching in person to offer remote accommodations to students who can not attend class in person. This extra work was not bargained, is burdensome, establishes an unreasonable precedent, and harms the faculty-student relationships of those faculty who can not or do not provide remote accommodation.

An example of this type of pressure is signaled in the “Important Faculty Updates January 13, 2022” email sent from Provost Prelock: I have prepared for those moments when students may not be able to attend class in person by recording my lectures and posting all my PowerPoints and instructional outlines as well as assignments on Blackboard—a big thank you to CTL for their help over the years in my course design!

Here is what we are doing:

United Academics takes a firm stance: faculty either teach in-person as expected, or remotely if a modality change is granted. There is absolutely no obligation to do both. We are troubled by the Provost’s signaling, and we will support faculty who hold the line that remote accommodation is neither an expectation nor a right for classes that are being taught in-person.

Here is what we need from you:

There is no requirement that you provide both in-person and remote instruction simultaneously. It sets a precedent and an expectation that is not sustainable and was not bargained. We recognize that faculty make accommodations because we want to support students. We recognize there is no good system in place to academically support a student who must isolate during in-person learning. If your students recognize this unfairness, you may encourage them–or better yet, partner with them–to contact the Provost (and cc United Academics) to request more student- and faculty-friendly policies.

UA 2022 Winter Update: January 7th

Click here to view the following announcement in PDF format.

Dear Faculty,

In this latest, most contagious Omicron surge, UVM needs to provide adequate resources and protocols to prevent infection for its faculty and other community members. UVM’s expectations for faculty are to teach in person, to teach in overcrowded classrooms, and to be available to teach (ie., to not only avoid COVID, but also to avoid having to care for family members). UVM should then take steps that ensure that faculty can safely and reasonably meet these expectations. 

We have outlined key preventative measures that UVM has not currently taken, but could reasonably take.

1. UVM BCBSVT insurance does not cover rapid tests

Here is the current situation:

UVM’s BCBSVT insurance does not cover rapid antigen COVID tests, forcing faculty with dependents and those without access to on-campus testing to locate rapid tests and pay for them out of pocket.

This places undue burden on covered faculty household members, including faculty with children school-age and younger, many of whom are still ineligible for vaccination. It also creates an unnecessary obstacle to self-testing, a key tactic to prevent viral spread that is increasingly relied on by our state and communities.

Here is what we are doing:

United Academics asked the UVM administration to cover rapid tests for covered employees. UVM has not responded to our request. 

As a self-insured entity, UVM has the power to ensure rapid tests are covered. It should do so.

Here is what we need from you:

We need faculty to contact the Provost and UVM’s Benefits Administrator (Patricia.Prelock@uvm.edu and Greg.Paradiso@uvm.edu) to request the coverage change.

2. No direct provision of medical-grade masks

Here is the current situation:

UVM does not directly supply N95 or KN95 masks, but does allow faculty to use professional development funds to buy medical-grade masks (in response to UA’s request for this exception).

Here is what we are doing:

During this pandemic, an adequate mask is a piece of equipment necessary to performing the job of teaching in person. Equipment necessary for work should be provided by the employer. We are continuing to urge UVM to directly provide medical-grade masks to employees. While using Professional Development Funds is preferable to paying out-of-pocket, this is not the intent for PD funds. UVM should be providing these masks. During this surge, UVM should also insist that students wear medical grade masks in campus buildings.

Cloth and surgical masks have shown to be inadequate defense against the Omicron variant. Universal access to and use of medical-grade masks would help prevent community spread.

Here is what we need from you:

Contact Gary.Derr@uvm.edu to request that UVM cover medical grade masks. If you have paid for masks using PDFs or out of pocket, or if you have paid for students’ masks, please share your story with us.

3. Modality change process is slow to respond to faculty needs during a surge

Here is the current situation:

UA negotiated a reasonable modality change process during COVID-related impact bargaining in 2020. Variant surges, in combination with health conditions in individual faculty members’ households (eg., immunocompromised or vaccine-ineligible family members), mean some faculty members need to pivot quickly to protect the health of themselves and their families. The process to change modalities currently is slow, may result in a denial even in circumstances that warrant going remote, and can involve getting a doctor’s note and ADA process for long-term changes.

In addition, high enrollment and the hiring freeze in CAS has created an environment in which classrooms are not only not socially distanced – they are overcrowded. Combined with inadequate mask access, insufficient testing, and inadequate contact tracing, many faculty members feel unsafe in the classroom.

Here is what we are doing:

United Academics is asking UVM for flexibility and a swift modality change process, respecting individual faculty who have good reason to pivot quickly to online learning – just as UVM had good reason to pivot quickly to online learning in spring 2020 and expected faculty to instantly adapt.

Here is what we need from you:

Please share your story, concerns, and questions about course modality changes by emailing info@unitedacademics.org 

4. UVM denies UA’s contact tracing grievance

Here is the current situation:

In November 2021, UA grieved UVM’s violation of the Safety and Health articles in our collective bargaining agreements regarding employee exposure to and lack of sufficient COVID contact tracing in classrooms, office spaces, and laboratories. Earlier this week, UVM denied our grievance.

Here is what we are doing:

We are considering whether and how to move forward with this grievance. Our objective in raising this is to ensure that the UVM administration best protects all faculty, staff, and students, including through proper contact tracing.   

Here is what we need from you:

Please reach out with concerns about specific cases of COVID transmission and contact tracing in your classroom, either from last semester or as we go forward into this semester. 

 

Kaye, Nihart and Wallace-Brodeur: Time for UVM to value and prioritize staff -- VT Digger

“Chronic understaffing at the University of Vermont, caused by years of wage compression, pay inequities and mismanagement, is creating unreasonable workloads for staff and making it more and more difficult for us to support the students and Vermont communities we serve. 
…
We call on UVM administrators to work with us and make pay equity and livable wages a reality. Instead of hoarding resources, UVM can put its social mission into practice by raising wages and circulating money throughout our local economy at a moment of real economic hardship. Now is the time for UVM to value and prioritize staff. “ Kaye, Nihart and Wallace-Brodeur

https://vtdigger.org/2022/01/18/kaye-nihart-and-wallace-brodeur-time-for-uvm-to-value-and-prioritize-staff/?fbclid=IwAR3mHEEDBEp5WcfEpeyqW0XLs7B9Pk3ztp7vKwqMJb9An6mmjhwY9uableg

VTDigger: UVM begins enforcing vaccine mandates among staff as student deadline arrives

VT Digger article by Ethan Weinstein
https://vtdigger.org/2022/01/12/uvm-begins-enforcing-vaccine-mandates-among-staff-as-student-deadline-arrives/

”The University of Vermont began enforcing its vaccine mandate for faculty and staff this week, and the requirement that its 13,000 students be fully vaccinated went into effect Wednesday.

UVM spokesperson Enrique Corredera said 98% of faculty and staff and “nearly 100%” of students are in compliance with the University’s vaccine mandates.

All employees must have received one dose of the Johnson & Johnson vaccine or two doses of Pfizer or Moderna by Jan. 4 to be considered fully vaccinated, according to the university’s policies. Those seeking exemption were required to get approval by the school last week and will be subjected to requirements such as masks and testing.”

Update on vaccine mandate policy details: 12/22/21

Update on vaccine mandate policy details (12/22/21):

We have been impact bargaining with the administration on the vaccine mandate policy, and we are in disagreement about the disciplinary process for non-compliance. UA leaders have considered it extensively and cannot agree to a different disciplinary process than what was bargained, voted on by the membership, and is in the Collective Bargaining Agreement (CBA). We wholeheartedly support a vaccine requirement, as we have made clear since August when we first approached the administration to ask to bargain a mandate. Until recently, the administration was not willing to institute a vaccine requirement. The issue now is simply about the specific disciplinary path leading to termination of employment for someone who does not comply. Article 13.1 of the CBA explicitly states that "Any University policy that deals in whole or in part with potential disciplinary matters shall not contravene the collective bargaining Agreement." The administration is pushing us to do just that by asking us to agree to a disciplinary process that conflicts with the process in the Collective Bargaining Agreement.

This morning Labor Relations indicated that they plan to go to mediation with us over their disagreement on following the CBA disciplinary process, and potentially then to a fact-finder. We are planning to follow that negotiation process, but it is not clear what will be accomplished, because the default is simply that the policy should reference the CBA disciplinary procedures, as other policies do.

United Academics announces membership drive!

On Monday, December 6th, United Academics began a two week membership drive, aiming to strengthen ties between member and non-member colleagues and expand union membership. Despite UA’s membership comprising the vast majority (over 80%) of UVM’s instructional staff, more than 120 faculty remain non-UA members. UA hopes to connect with each and every one of these non-members, emphasizing the many benefits offered to union members and UA’s sustained success in securing faculty’s rights and interests. The drive will last until Friday, December 17th, though UA is committed to organizing more membership drives in the future.

UA members interested in helping with outreach tasks are encouraged to contact info@unitedacademics.org.

Updated 12/7/21- UVM Forward site has been corrected

Updated 12/7/21: Small victory! Our request to Labor Relations was honored and the administration removed the unbargaind section of the process from their website.

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Original post 11/30/21:

The UVM Forward email that went out today links to details on the vaccine mandate, and includes incorrect and unbargained process of unpaid administrative leave and separation for employees who are not in compliance. This is an unfortunate error by the administration. UA has clearly communicated to the administration that the proposed disciplinary process does not comply with the faculty CBA and is therefore not allowable. We are working with UVM Staff United to together bargain details of a policy with the administration.

Once again, the administration has gone ahead and implemented a policy or change that it has not yet bargained with United Academics or UVM Staff United.

We have asked that the administration remove the incorrect information while we continue to bargain the policy.

VTDigger: UVM union says contact tracing for faculty is insufficient, files grievance

UVM union says contact tracing for faculty is insufficient, files grievance

“United Academics cited four instances when an instructor did not receive warning that a student they worked with one-on-one had been diagnosed with Covid-19, as well as other instances when professors were not notified by administrators of multiple students in their class testing positive.

“Instructors are becoming aware of close-contact exposure only when they are told directly by students in their classes who tested positive,” the grievance read. 

According to university policy, students are not alerted to a possible Covid-19 exposure if one of their classmates tests positive. Administrators say they enacted this policy because there was no evidence of classroom transmission during the 2020-21 academic year.

But the union has rejected that reasoning, pointing out that classes last year were socially distanced, whereas this year they are not.”

Changes to department level Course Equivalency policies- Fall 2021

Course equivalency policy revisions. In our new CBA, faculty in all departments have an opportunity to develop reasonable, clear, and fair course equivalency policies (Article 16, Workload).

See the outdated current course equivalencies to understand why these policies need updating.

This is your chance to bring transparency and fairness to how faculty workload is calculated. Each department should undergo a review of course equivalency policies this semester for all courses and other instructional activities, per the CBA. Please check in with your Delegate or Rep if you have questions.

See changes to Article 16 here
See the full CBA here

Current, outdated CE policies housed on the UVM Provost site: https://www.uvm.edu/provost/university-manual-collective-bargaining-agreements-faculty-handbooks

Chronicle opinion: How Can we Trust Administrators? - Joseph Pierce; 9/14/21

How Can we Trust Administrators? - Joseph Pierce; 9/14/21

“Universities like to invoke community when rolling out and justifying their policies. But invoking community and centering it are two very different things. Centering community means caring for our most vulnerable members. It means putting the lives of our kin at the core of our decisions. It means offering the means by which our sense of dread can be turned into purpose. As it stands, we are being asked to trust that people will accurately report their vaccination status; that the air ventilation will be sufficient; that the testing protocols will catch infections early enough to avoid new outbreaks; that the long-term effects of the disease are not as bad as people say, and as some evidence suggests.

In other words, there is a contradiction between the invocation of “community” and the rampant neoliberalization of the university. At its worst, the rhetoric of community uplift is completely devoid of any real, meaningful relationship with the communities most affected by the pandemic.

If our administrators truly had community in mind, the most vulnerable, those with the least amount of privilege or access to health care, child care, or housing, then they would be arguing for the most flexibility possible for the fall semester. They would be arguing that we need to implement the most vigorous plan to prevent infections of those who are immunocompromised, children, and disabled people. They would be arguing that we must have the option to choose how to best care for our communities on the terms set forth by those communities. Instead, we are left with calls for “vigor” in the face of adversity.

United Academics updated statement on vaccine mandate, 9/9/21

United Academics updated statement on vaccine mandate, 9/9/21

The University of Vermont has consistently encouraged its faculty to be fully vaccinated against COVID-19 and has successfully carried out a vaccination mandate for students.  However, the administration has not answered UA’s request to develop a policy requiring faculty to be vaccinated.  As we enter the second week of the semester with cases rising in Vermont, and increases in cases among children, we call on UVM to institute a vaccine requirement for faculty.

Many other employers across the country have mandated vaccinations for employees. UVM should certainly be able to do the same in the interest of the health and safety of our campus community and the broader community, particularly to help protect those who cannot yet be vaccinated. 

We call on UVM to: 1) require that by a reasonable date faculty members, other than those with standard exemptions, document that they are fully vaccinated, 2) develop a confidential HIPAA compliant system for documenting the vaccination status of faculty, and 3) develop and track mandatory weekly testing for those faculty members who are not fully vaccinated. 

United Academics is committed to protecting the health and safety of our community. UVM students are required to be vaccinated, and United Academics supports the same requirement for faculty.

 

Reopening updates for members, 9/1/21

In late August, we emailed faculty to let you know that United Academics had approached the administration to discuss a possible vaccine mandate, share some faculty concerns around masking, request more flexibility around remote office hours, and request a clear process for faculty who need to make temporary modality changes. We have heard back from the administration on several of these issues and want to share an update with you.

Masks

In response to UA's request, the administration has purchased high quality clear masks for use in selective classes (e.g., theater, speech, languages, speech language pathology, etc.). They will be distributed upon request. 

For faculty who are asking for a mask exemption for non-ADA reasons, i.e., who have other practical or pedagogical concerns, faculty are encouraged to try to work out concerns with your Chair. Chairs can explore possibilities with those faculty, such as increased distancing in the classrooms, installing plexiglass, or using transparent face masks or face shields. If the Chairs are unable to find a reasonable solution with the faculty member, they can raise the request through the Deans’ office to Vice-Provosts Jim Vigoreaux and J. Dickinson.

Office Hours

Regarding office hours, the administration has indicated that faculty may establish virtual office hours for those students who prefer it, while also offering in-person office hours. Faculty are encouraged to update syllabi to indicate that they are willing to meet in either space. We have heard from some faculty that a possible solution is to note on the syllabus times for remote office hours and to also note that in-person office hours are available by appointment.

Teaching Modalities 

Regarding teaching modalities and temporary changes due to illness or household exposure to positive cases, faculty should follow the process used in Fall 2020 to request temporary changes of more than one day. The process involves submitting an online modality change request form for requests to change course section modality, due to quarantine, self-isolation, formal requests for disability-related accommodations, and any other reason. Any permanent requests for changes in teaching modality made as part of a formal request for a disability-related accommodation under the Americans with Disabilities Act (ADA), are handled by UVM ADA Coordinator.

Modality changes needed for only one day can be worked out directly between faculty and Chairs. Faculty should not cancel classes without the Chair’s approval.

We will continue to share details on these policies as they are available. We will also update you on our discussions on a possible vaccine mandate; we are awaiting a response from the administration.

Please reach out to our Contract Administration Committee or Executive Council with any questions or concerns.

United Academics statement on vaccine mandate (8/27/21)

United Academics statement on vaccine mandate (8/27/21)

United Academics is committed to protecting the health and safety of our community. UVM’s faculty union overwhelmingly supports a COVID-19 vaccine mandate for faculty this year. UVM students are required to be vaccinated, and United Academics supports the same requirement for faculty.

We are heartened that in a recent survey of our members, 99% of respondents report being vaccinated, and that vaccination rates are also high among our students.

Some in our communities are unable to be vaccinated and are exempt under state rules. Many of us have young children who are ineligible for the vaccine. A vaccine mandate helps protect these individuals.

As an additional precaution, United Academics supports frequent testing for the vaccinated and unvaccinated alike.

We begin another academic year worried about the ongoing pandemic and its potential impact to our UVM community and other communities we treasure. It is reasonable to anticipate transmission of the Delta variant at UVM may again upend the in-person, on-campus learning we all wish for. As faculty who care deeply about our students, our fellow workers, and our community, we approach this new school year with courage, ingenuity, and most importantly, compassion.