ANN ARBOR, MI - The University of Michigan Graduate Employees' Organization (GEO) believes it is entitled to a hearing before any temporary restraining order is issued seeking to end its strike on the Ann Arbor campus.
GEO on Wednesday filed a brief opposing UM’s request for the temporary restraining order. The university’s request was filed Tuesday in opposition to the organization’s continued strike.
GEO’s attorney Mark Cousens argued in the brief that UM’s alleging that individual members of the union are on strike does not support the issuing of an injunction.
“With respect, the court should recognize that a hearing is neccessary to determine whether an injunction is appropriate,” Cousens wrote. “The court’s inquiry should be guided by the need for (UM) to show that it is suffering an irreparable injury, that it is likely to prevail on the merits and that the balance of harm favors (UM). These findings cannot be supported without evidence and the opportunity to contest evidence.”
Cousens asked that the court refuse UM’s request for a restraining order and schedule a hearing.
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 Spokesman Rick Fitzgerald said the university would like a decision on the temporary restraining order and its preliminary injunction “as soon as possible.”
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.
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.
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 are continuing to negotiate with the University of Michigan over our demands for a safer and more just pandemic. Those conversations started up on Sunday and have continued through yesterday and today,” GEO Communications Co-Chair Leah Bernardo-Ciddio said. “We are frustrated and disappointed to see that while President Schlissel claims he is open to dialogue on our core demands and to rebuilding trust with the broader campus community, he is simultaneously using legal channels to crack down on our efforts to fight for better protections for our members.”
READ MORE:
University of Michigan graduate students, residential staff march in solidarity with dining workers
Full complaint details University of Michigan’s battle with graduate employees on strike
Residence hall staff on strike at University of Michigan, demand more coronavirus protections
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