Abstract:
Those who use bicycles, skateboards or other non-motorized vehicles on campus are now being formally challenged at the university level by some faculty members at SJSU.
Members of the California State University Employees Union filed a health and safety grievance Nov. 21, 2007, claiming that non-motorized vehicles are dangerous and hazardous and should be banned on campus....
Originally posted bySteve Sloan
While not accurate in detail on some things, I think the story caught the spirit of the issue.
This is grievance about safety, not alternative transportation. For employees, the university is a work place. Employees are entitled by law (and contract) to a safe work environment. I also think students are entitled to a safe campus. Folks with disabilities are entitled to have a university that is not made inaccessible by dangers, obstacles and trip hazards. Tax payers are entitled to have state agencies not take unnecessary risks and exposure to lawsuit.
Today was a great day for a bike ride. I rode my bike to work again today. After riding about eleven miles to SJSU I did not see any reason to ride the extra few hundred feet to my desk. I rode around SJSU on the public streets and parked my bike in one of the many bike corrals around campus and walked to my desk. This is not a large sprawling campus.
Originally posted bySteve Sloan
The main thrust of the grievance is this, article 23.1 of our contract, "The CSU recognizes the importance of procedures and policies for the protection of health and safety of employees and shall endeavor to maintain such conditions conducive to the health and safety of the employees."
This is a contractual obligation on the part of the university. When an employee, group of employees and/or the union allegese the collective bargaining agreement has been violated they can file a grievance, "there has been a violation, misapplication, or misinterpretation of a specific term(s) of this Agreement."
What we have done is to present our best case that there is a safety hazard posed on our campus by non-motorized vehicles. The university has to prove that there is not a hazard.
The grievance process has many steps, the last is level four, "If the grievance has not been settled at Level III, the Union alone may, no later than forty (40) days after the Level III response, submit the grievance to arbitration..."
Both sides present there cases. The union has discovery rights, and the decision will be made by an arbitrator that is not affiliated with SJSU or CSU, "The standard of review for the arbitrator is whether the CSU violated, misapplied, or misinterpreted a specific term(s) of this Agreement." and "The arbitrator's award shall be final and binding on both parties."
Launch video player
Cheap Promotional Tote Bags
Get a Free credit report search in CA.
Buy Cigars
Steve Sloan
posted 5/01/08 @ 11:34 AM PST
This is grievance about safety, not alternative transportation. For employees, the university is a work place. Employees are entitled by law (and contract) to a safe work environment. I also think students are entitled to a safe campus. Folks with disabilities are entitled to have a university that is not made inaccessible by dangers, obstacles and trip hazards. Tax payers are entitled to have state agencies not take unnecessary risks and exposure to lawsuit.
Today was a great day for a bike ride. I rode my bike to work again today. After riding about eleven miles to SJSU I did not see any reason to ride the extra few hundred feet to my desk. I rode around SJSU on the public streets and parked my bike in one of the many bike corrals around campus and walked to my desk. This is not a large sprawling campus.