Concerning Outsourcing Policies
Resolution of the Employee Forum
The University of North Carolina at Chapel Hill
February 6, 2008
WHEREAS, the Mission of the Employee Forum is to constructively address the concerns of the Employees of the University of North Carolina at Chapel Hill, including the presentation of staff concerns to University officials and the University General Administration; and
WHEREAS, neither the University General Administration nor the Board of Governors have adopted policies regarding outsourcing, and the University General Administration currently permits the individual constituent campuses to develop and implement their own policies (1); and
WHEREAS, the reduction-in-force (RIF) policies of the Office of State Personnel as well as those of UNC-Chapel Hill do not mention outsourcing; and
WHEREAS, the existing RIF policies of the Office of State Personnel and of UNC-Chapel Hill fail to address the many issues specific to a RIF as a consequence of outsourcing, most notably taking the individual SPA employee’s right to a permanent, property interest in their positions and subordinating it to the performance of a work group; and
WHEREAS, the existing RIF policies at UNC-Chapel Hill have not been uniformly applied across the campus; and
WHEREAS, grievances may arise due to outsourcing RIFs, but while the Office of State Personnel permits group grievances, UNC-Chapel Hill does not; and
WHEREAS, grievance panels and the Employee Forum have noted the above and other problematic issues associated with an outsourcing RIF; and
WHEREAS, in the period 1996 through 1997, UNC-Chapel Hill developed outsourcing guidelines under policies being developed at that time by the University General Administration, and that the broad features of these included employee participation in outsourcing studies, guidelines for institutional and external bid costing, protective clauses for employees, and guidelines for employee relations (2); and
WHEREAS, in May 1996 the Employee Forum in Resolution 96-05 promulgated four guiding principles in regards to privatization (3), and these were accepted by Chancellor Michael Hooker; and
WHEREAS, in October 2006, the Employee Forum in Resolution 06-11 (4), and in a letter from Forum Chair Ernie Patterson to Chancellor Moeser (5), reiterated their support for these principles;
THEREFORE BE IT RESOLVED, the Employee Forum of the University of North Carolina at Chapel Hill recommends the formal adoption by UNC-Chapel Hill of the specific policies and guidelines previously developed; and
THEREFORE BE IT FURTHER RESOLVED, the Employee Forum requests that Chancellor fully implement the formal policies and guidelines mentioned above in order to address all legal and policy matters related to outsourcing.
Signed on Behalf of the Employee Forum,
Ernie Patterson, Chair
Notes:
(1) Letter of September 20, 2007, from Leslie J. Winner, General Administration Vice President and General Counsel, to Ernie Patterson, Employee Forum Chair.
(2) Memorandum, April 25, 1996, from William O. McCoy, General Administration Vice President-Finance to Chief Finance Officers re: Outsourcing in The University
Memorandum, August 15, 1996, from William O. McCoy, General Administration Vice President-Finance to Chief Finance Officers re: Outsourcing in The University
Memorandum, February 6, 1997, from Henry A. Holmes, General Administration Associate Vice President-Finance to Chief Finance Officers re: Outsourcing in The University
Memorandum, March 13, 1997, from William O. McCoy, General Administration Vice President-Finance to Chief Finance Officers re: Outsourcing in The University
Memorandum, September 15, 1997, from Laurie Charest, UNC-Chapel Hill Assistant Vice Chancellor for Human Resources to Employee Relations Subcommittee re: Protective Clauses for Employees
Memorandum, October 14, 1997, from Bruce Runberg, UNC-Chapel Hill Outsourcing Steering Team Chairman to Henry Holmes, General Administration Associate Vice President-Finance re: Outsourcing Clauses
The University of North Carolina at Chapel Hill Institutional and External Bid Costing Guidelines developed by the Accounting Principles Subcommittee, May 1, 1997
(3) Employee Forum Resolution 96-05, May 1, 1996
(4) Employee Forum Resolution 06-11, November 1, 2006
(5) Letter of October 11, 2006, from Employee Forum Chair Ernie Patterson to Chancellor James Moeser