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Suit against COGS dismissed

Ben Fornell - The Daily Iowan

Issue date: 12/11/07 Section: Metro
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A suit filed by the state Board of Regents intended to keep employment records out of the hands of the UI graduate-student union was dismissed Monday, and the issue will be settled through arbitration.

But the Campaign to Organize Graduate Students has filed a complaint with the Iowa Public Employee Relations Board contending that the UI never intended to honor that part of the contract when it first signed it.

Sixth District Court Judge Douglas Russell said in his ruling that the university must honor the terms of its contract with COGS and have the dispute - which centers on how to comply with federal student-privacy laws while also providing contractually mandated data to unions - resolved in arbitration.

COGS President Gwen Gruber called the UI's position a "union-busting effort."

COGS needs access to information about how graduate students are being paid so the union can verify that its agreement with the UI is being honored, she said.

"We use that information to defend the contract," she said. "The contract should be a sacred kind of covenant."

The UI contends that it must follow the Family Education Rights and Privacy Act, which does not allow for anything more than basic directory information, including that of graduate teaching assistants, to be released to anyone - including unions.

"We had attempted to resolve it at negotiations," said Kevin Ward, the executive associate director of UI Human Resources, who was actively involved in the bargaining.

COGS has produced a memo from Ward dated six days before the contract was signed that states the UI "cannot provide the union with salary or other appointment information as required."

"I believe I made it clear to them that we would need to find a way to comply with [the privacy act]," Ward said.

He met with members of the Iowa Public Employee Relations Board Monday, who will try to resolve the dispute. Gruber said that COGS is not looking for a punishment for the UI.

"Hopefully, we can find a way to work together on this," she said.

The UI allows members of the union to give their permission for pay data to be released.

"As they provide us with that permission, we will provide the information to COGS," Ward said.

Regent Robert Downer said he does not agree with the charge that the regents' lawsuit is "union-busting," because there is a legitimate concern over releasing data protected under the privacy act. He is an attorney, but said his practice has little experience with public-employment law.

"I do think it's a legit question whether the disclosure of this information is or is not prohibited under federal law," he said. "I want to see it worked out to everyone's satisfaction."

E-mail DI reporter Ben Fornell at:

benjamin-fornell@uiowa.edu
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Tom

posted 12/11/07 @ 8:36 AM CST

As a graduate student RA I do not want COGS to have personal data of mine. There must be a way the UI can verify it is meeting the contractual obligations with COGS without having to give COGS my personal information. (Continued…)

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