ANN ARBOR, MI - The University of Michigan is seeking to end what it is describing as an illegal strike by public employees from the Graduate Employees Organization (GEO) in a complaint filed Tuesday, Sept. 15.
The complaint, filed in Washtenaw County’s 22nd Circuit Court, alleges graduate employees are in violation of the of the Michigan Public Employment Relations Act and that GEO members are in violation of their collective bargain agreement, which includes a no-strike commitment. UM is asking the circuit court to order striking members of the GEO to return to work.
UM has posted a copy of the complaint online.
“The Union, through its officials, will not cause, instigate, support or encourage, nor shall any Employee take part in, any concerted action against or any concerted interference with the operation of the University, such as the failure to report for duty, the absence from one’s position, the stoppage of work, or the failure, in whole or part, to fully, faithfully, and properly perform the duties of employment,” the bargaining agreement between UM and GEO states.
UM Spokesman Rick Fitzgerald said the university would like a decision on the temporary restraining order and its preliminary injunction “as soon as possible.”
Court records show the case was filed with Judge Timothy Connors on Sept. 15. Connors' office was uncertain when the judge would review the complaint and make a decision when reached Tuesday around noon.
UM argues the work stoppages and strike has significantly interfered with the operations and educational mission of the university, resulting in canceled classes for students. The university alleges it has suffered irreparable injury as a result of the strike.
“In communications with its members, the GEO has admitted that it is engaging in an unlawful strike, but continues the strike in order to attempt to compel the University to accede to certain demands,” UM’s complaint states.
UM alleges many of GEO’s strike demands are either non-mandatory or illegal subjects of bargaining under the Michigan Public Employment Relations Act including a demand to defund the university’s Division of Public Safety; that it “cut all ties” with police, including the Ann Arbor Police Department, and the Immigration and Customs Enforcement Agency; and no retaliation against anyone who claims to be unable to work due to police presence.
Other non-mandatory or illegal subjects of GEO’s strike demands include funding for additional international student support; rent freezes and flexible leases for on-campus housing and a promise to exert pressure on local landlords to extend the desired UM rent freeze across Ann Arbor, the university alleges.
Many of those issues were addressed in proposals made by GEO in proposals for the new collective bargaining agreement, the university alleges, but withdrawn after the GEO members “received significant pay increases over the three year contract,” the lawsuit states.
In response to the strike, which started on Sept. 8 with plans to continue throughout the week, the university filed an unfair labor practice charge with the Michigan Employment Relations Commission. A temporary restraining order, UM argues, is necessary to “avert irreparable harm” to the university, pending unfair labor practice proceedings before the Michigan Employment Relations Commission.
The strike began Tuesday, Sept. 8, as graduate students marched and chanted at five different locations on UM’s campus. It has gained the support of undergraduate students; graduate student organizations from other colleges, such as Harvard and Western Michigan University; and even some construction workers on UM’s campus who picketed with them in solidarity.
UM has since submitted an offer to GEO, but that offer was rejected.
The legal request for an injunction came a day after 80% of voting members of UM’s Graduate Employees' Organization (GEO) voted to extend its strike for “a safe and just campus” for an additional five days after picketing all of last week.
“Membership overwhelmingly rejected the university’s initial offer last week that did not constitute continued progress on our demands,” the union noted in a news release. “In particular, the university’s offer constituted zero progress on our policing demands.”
Leadership from the union, which represents about 2,000 graduate student instructors and graduate student staff assistants, responded to the university’s complaint online Monday, noting it had a positive meeting with representatives from UM prior to its filing.
“We’re disappointed that President Schlissel has chosen to immediately abandon these promises in favor of trying to shut down our strike by brute force,” the union stated. "Shame on the University of Michigan for using their immense resources to bully their graduate workers out of striking — instead of using those same resources to create a safe and just campus for all.
“We always knew legal action was a possibility, and this was a transparent part of our multiple member-wide discussions about the risks of authorizing a work stoppage. Moreover, this legal move is a clear sign that withholding our labor is working: The University is feeling our power.”
UM’s student body, their parents and the public have been threatened with “reparable injury” and will continue to suffer and be threatened with serious irreparable injury for which they have no adequate remedy at law, as long as the the strike continues, the complaint states.
UM argues that irreparable injury comes in the form of disruption of the vital function of the university; damage to the educational growth and plans of students, including inability to continue classes with no assurance that it will be possible to effectively make up time lost if the strike continues; increased operation costs and loss of confidence and reputation in the quality of public education at UM.
Students also are at risk of federal, state and private financial aid grants due to the cancellation of classes if the strike continues, the lawsuit alleges, facing potential delay in graduation.
“The only remedy which will effectively restore the rights of the University of Michigan, the student body of the University of Michigan, their parents, and the general public, is an immediate order of this Court prohibiting and enjoining the illegal acts of GEO,” the lawsuit states.
UM is asking in its order that GEO members desist and refrain from striking. It argues that GEO, by its officers, should notify each of its members of the temporary restraining order and its preliminary injunction “and inform them that they are legally bound” to abide by its terms.
UM is asking for relief against GEO in excess of $25,000, equal to “any and all additional costs, expenses, salaries and other economic damages suffered by the University as a result of GEO’s breach of the collective bargaining agreement.”
READ MORE:
University of Michigan graduate students, residential staff march in solidarity with dining workers
University of Michigan graduate students reject initial offer, will continue strike
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