Telescope Delay

Mayor asks TMT to delay construction for two more months

By Michael Brestovansky | Hawaii Tribune-Herald | Tuesday, February 18, 2020

The current truce between the Thirty Meter Telescope and its opponents might be extended by another two months at the request of Mayor Harry Kim.

In late December, Kim approached leaders of the anti-TMT protest with an offer to reopen the Maunakea Access Road — which had at the time been closed and occupied by protesters for more than five months — and a promise from TMT officials that no attempts to build the observatory would take place until at least the end of February.

Kim said he is awaiting a response from TMT officials, adding that his proposal for a two-month extension was discussed at a meeting of the TMT board last week. Although the results of that meeting have not been disclosed to him, Kim said he believes he will get an official answer from TMT by the end of the week.

Noe Noe Wong-Wilson, one of the leaders of the protest, said she hopes the period can be extended, in order to give TMT officials more time to consider building elsewhere.

“I think it would be beneficial for all of us if it gets extended,” Wong-Wilson said. “The best case for us is for law enforcement to continue to stand down. … We’ll remain on the mountain, and it will give them time to reconsider what they’re doing.”

Wong-Wilson said the protesters — who call themselves protectors of Maunakea and oppose the construction of TMT because they consider the mountain sacred — have not been privy to any of the mayor’s discussions regarding the extension of the truce.

Without an official answer from TMT — a TMT spokesperson was unable to provide a statement on Monday — the truce will come to an end after Feb. 29, although neither Kim nor Wong-Wilson were confident about what that means.

“There’s no answer at this point for what happens after the 29th,” Kim said.

Source: https://www.hawaiitribune-herald.com/2020/02/18/hawaii-news/mayor-asks-tmt-to-delay-construction-for-two-more-months/

The Train, Eventually

The old Westwood Station in 1941,
Probably at Santa Monica Blvd. and Westwood Blvd.

From the Bruin: Over $1 billion in federal funding will finance the last section of a subway line extension to Westwood.

The United States Department of Transportation granted $1.3 billion on Tuesday for Section 3 of the Purple Line extension, a subway line that will connect Westwood to Downtown Los Angeles by 2027. The grant follows lobbying by California Senator Dianne Feinstein, who urged transportation secretary Elaine Chao to fund projects in Southern California, according to a press release.

“I’d like to thank Secretary Chao for this critical Purple Line funding that will help alleviate LA congestion,” Feinstein said in the press release. “Connecting Downtown LA with the Westside is crucial to modernizing the city’s transit system.”ext

Section 3 of the line, extending from Century City to Westwood, will bring significant construction to the Village starting mid-2020. As part of the extension, Metro plans to construct a station under Wilshire Boulevard, between Veteran Avenue and Westwood Boulevard, and a second station by the West Los Angeles Veteran Affairs Medical Center.

Once completed, the Purple Line will enable students to go from Westwood to Downtown LA in just 25 minutes, according to the press release. LA mayor Eric Garcetti attributed the grant to efforts by Feinstein and said the funding will help quicken construction...

Full story at https://dailybruin.com/2020/02/14/westwood-downtown-la-subway-megaproject-receives-over-1b-in-funding/

State of the State on Wednesday

Just about a year ago, Governor Newsom delivered his first State of the State address. In many respects, the budget announcement is more significant - because that's where the money is. Nonetheless, there could be mentions of things in the State of the State that are of interest or concern to UC.

In any event, the speech is scheduled to be delivered at 10:30 AM and can be seen live on the governor's Facebook page:
https://www.facebook.com/CAgovernor/

Back in 2019, the speech marked the transition from Jerry Brown to Newsom. If you would like to read about yours truly's take on that transition and its accompanying first Newsom budget (under which we are still operating through June 30), see:

or direct to:
https://archive.org/details/budget201920/mode/2up

===
UPDATE: It now appears that the address can be seen live at:
https://twitter.com/CAgovernor/status/1230170479563964416

Listen to the Regents' Health Services Committee Meeting of Feb. 12, 2020

The Regents' Health Services Committee met at UCLA on February 12 for one of its regular off-cycle meetings. A link to the audio of the session is provided below.

As usual, the meeting began with public comments. Most of the public comments were made by speakers opposing UC contracts with Dignity Health, a Catholic-affiliated hospital chain which for religious reasons doesn't provide abortion and other sex-related services. There was a brief mention of opposition to a tuition increase by one speaker. Another speaker promoted the use of bicycles for health reasons.

During the official presentations, some interesting facts related to the financial condition of the UC health enterprise were mentioned. State Medi-Cal (the California version of Medicaid) reimburses UC for about 70% of the cost of the care provided. Medicare also under-reimburses and is a growing component of revenue (presumably because of the general aging of the baby boom). Cancer treatment is apparently a profit center that helps cross-subsidize other forms of care. Finally, there is considerable concern that the Trump administration will make cuts to federal programs such as Medicare and Medicaid that would have a major negative effect on the health enterprise.

You can hear the audio at:

or direct to:
https://archive.org/details/regentshealth21220

The Grad Student Strike at Santa Cruz - Part 5

A letter from President Napolitano has been posted on the UC-Santa Cruz website concerning the strike of graduate students. It is reproduced below.

Below the letter, we provide some commentary and a union statement.

An Open Letter to Faculty, Staff and Students at UC Santa Cruz

February 14, 2020

Dear Faculty, Staff and Students:

The University of California respects its labor unions and its unionized workers. They provide valuable services throughout the University, from gardening and food service on our campuses to patient care in our hospitals to lecturers in our classrooms. The obligations between the University and its unions are negotiated and memorialized systemwide in collective bargaining agreements, which must be voted on and ratified by the union membership. With respect to the collective bargaining agreement between the University and Academic Student Employee -Teaching Assistants (TAs) and their union, the United Auto Workers (UAW), the TAs received the following benefits:

A waiver of tuition, plus a $300 campus fee remission
3% annual wage increases (in line with other University employees)
A child care subsidy of $3,300 per year (unique to TAs)
A one-time signing bonus
A complete remission of any health care premiums

In exchange for these guaranteed benefits, the University received a contractual promise that the TAs would not strike while the collective bargaining agreement was in effect through June 30, 2022.

Consequently, the wildcat strike by UC Santa Cruz TAs, where a number of TAs have withheld or deleted fall grades and are refusing to teach classes, is unauthorized and in direct violation of the existing collective bargaining agreement. The striking TAs have asked whether the University would either re-open the agreement or negotiate a separate side letter with them to provide a Cost-of-Living Adjustment (COLA) over and above the wage increase already in the agreement to account for the high cost of housing in Santa Cruz.

The University will not re-open the agreement or negotiate a separate side-letter. To accede to the demands of a group of employees engaged in an unauthorized wildcat strike would undercut the very foundation of an agreement negotiated in good faith by the UAW and ratified by thousands of members across the system.

We are sympathetic to the high cost of housing in Santa Cruz and the pressure this puts on TAs, but a wildcat strike is not the way to get relief. Chancellor Larive has already proposed two measures to help graduate students: a $2,500 need-based housing fellowship; and for doctoral students a 5-year, funding program at the minimum support level of a 50 percent teaching assistantship. We can work together to persuade our legislators in Sacramento to support the University’s request for more graduate student support. We could also work together to develop other legislative proposals to speed the construction of student housing.

However, holding undergraduate grades hostage and refusing to carry out contracted teaching responsibilities is the wrong way to go. Therefore, participation in the wildcat strike will have consequences, up to and including the termination of existing employment at the University.

It should not come to this. We urge the striking TAs to turn in their grades and return to the classroom. The TAs must honor their side of the bargain, just as the University must honor its commitments. The wildcat strike must come to an end.

Yours very truly,
Janet Napolitano
President

Source: https://news.ucsc.edu/2020/02/images/ucop-letter-unsanctioned-strike.pdf

===
Editor's note: As we have explained in prior postings, both sides could voluntarily reopen negotiations. However, the union - if it overtly supported the strike - would place itself in legal jeopardy. Still, the union's website contains the item reproduced below that suggests tacit support (even if it didn't instigate the strike) or at least non-opposition. There is no sign that the union is in any official and public way urging a return to work. That approach by the union may not be good in the long run for UC-union relations, since it will suggest that deals made with the union can easily be breached. Moreover, with the current UC prez soon to retire, she is more of a free agent to take a hard stance than might otherwise be the case in this matter. 

However, the situation is what it is. Regent chair John Pérez has a labor union background and could be useful in behind-the-scenes contacts with the two sides. There could be imaginative compromises which officially don't reopen the contract (something UC opposes) and yet provides some kind of tangible win for the strikers. (One could imagine, for example, a union-management committee chaired by a neutral to investigate cost of living problems, etc., and come up with recommendations. That is just one possible option. If there is a will to bring this confrontation to a close, others can be found.)
===

RE: UCSC student code of conduct summons

January 29, 2020 By UAW 2865

Monday, January 27, 2019, UCSC graduate students withholding grades were notified that if they do not submit grades by Feb. 2, 2020, they will be subject to discipline under the student code of conduct. Yesterday, UAW President Kavitha Iyengar wrote the following letter to UCSC labor relations in response:

Dear Jennifer,

In the Chancellor’s letter to the UCSC community, sent yesterday, she states: “graduate students who do not submit grades by Feb. 2, 2020, will receive a written disciplinary warning in accordance with the UC/UAW contract. Students alleged to have deleted grades will receive a student conduct summons.

Please note the position of the UAW, which is that any such discipline would be unwarranted. Further, any discipline issued to an individual regarding grades by definition would be an allegation regarding their duties as an employee of the University, as non employees do not issue grades. Therefore, any such discipline would be covered by the UC/UAW 2865 contract and all rights to challenge such discipline will arise from that contract as well. Any reference to a student conduct summons in the context or employment is misplaced and an unlawful effort to subvert the contract and the Union’s and its’ members rights.

Sincerely,
Kavitha Iyengar
President UAW 2865

Source: https://uaw2865.org/re-ucsc-student-code-of-conduct-summons/

More on Athletic Scandal

UC audit prompted by scandal finds flaws with admissions process for athletes and artists

Teresa Watanabe, 2-14-20, LA Times

The University of California is rolling out additional reforms of its admissions process after finding significant problems in how campuses track decisions to admit athletes, artists and students who do not meet minimum UC eligibility requirements, according to a review released Friday.

The sweeping audit of UC’s nine undergraduate campuses, triggered by the national college admissions scandal, found two cases of possible impropriety. One involves a student admitted as a recruited athlete who did not subsequently appear on the team roster. The other involves how one campus administers its appeals process for admissions decisions. Auditors referred both cases to the individual campuses for investigation, did not identify the universities in the report and did not provide additional details.

UC President Janet Napolitano told The Times she ordered the review as a proactive step to ensure the integrity of the nation’s leading public research university so that “California can have confidence that students admitted to the University of California are admitted on merit and so that we can bolster our defenses against any kind of fraudulent activity or gaming the system.

“Any student admitted through fraud is one too many,” she said.

The problems involve a small pool of students. Those admitted by “special exception” amount to about 1.7% of all students — 3,409 among 204,350 enrolled between fall 2017 and winter 2020. Napolitano said the regular admissions process for all others was “pretty solid” in equitably admitting students on merit.

Auditors found that no campus centrally monitored the admissions of students accepted for their special talents, such as athletics, music or art. As a result, they could not fully identify the actual number of such students, document their exceptional characteristics or identify who reviewed or approved their cases. At many campuses, oversight of student athletes also was inadequate, the review found. UCLA and UC Berkeley require students who are admitted as athletes to participate on the team for at least a year. Systemwide policy reforms last year extended that requirement to all campuses. But the audit found that two campuses tracked practice logs at the team level but not by individual. Another campus identified a student who remained listed on the participation records a month after leaving the team.

UC admission requirements include a 3.0 GPA, the submission of SAT or ACT test scores and completion of prescribed coursework. Those admitted without meeting those requirements could include students without access to the UC-required courses — international or homeschooled students, for instance — or who may not have the required test scores or grades but show academic promise. Some slots are specifically reserved for underserved students. [Note from yours truly: This last sentence likely needs qualifications due to requirements of Prop 209.] ...

Full story at https://www.latimes.com/california/story/2020-02-14/uc-audit-finds-problems-in-how-it-admits-special-students-including-athletes-and-artists
===
Note: Audit report is at https://issuu.com/danieljbmitchell/docs/second-audit-report.

The Grad Student Strike at Santa Cruz - Part 4

Striking UC Santa Cruz Graduate Students Hold Picket Lines After Police Arrest 17

Erika Mahoney , KAZU, Audrey Garces , KQED, Feb. 14, 2020

UC Santa Cruz graduate students who work as teaching assistants continued their strike Friday, picketing at the entrance to campus for a fifth day in a demand for higher wages.

Arguing they do not make enough to be able to afford the steep cost of living in Santa Cruz, students have refused to teach, hold office hours or conduct research, and have since December, withheld grades for the classes they teach.

On Wednesday, campus police, aided by other law enforcement agencies, forcibly arrested 17 demonstrators who officers said blocked an intersection near campus and ignored multiple orders to disperse. "I think we are having effects," said James Sirigotis, a graduate student in the sociology department. "The university continued to say that they could not meet with us, [but] they’ve had two meetings with us since we went on strike. Every time they say they can't do something, we continue to stand strong, and they end up doing it."

The labor action, which started Monday, is a so-called wildcat strike, which means it's not endorsed by the union that represents the students: UAW Local 2865.

A Tense Standoff

Sirigotis was among the students who sat, linking arms, in an intersection in front of the main campus entrance on Wednesday, before police removed them. Sirigotis said he was sitting in a small circle with other students when police surrounded them and began using pain compliance techniques, such as pushing on pressure points on their necks and ears. When students continued to refuse to disperse, police individually dragged them away.

"At one point an officer grabbed me by the back of the head, grabbed me by my hair and threw me face first onto the street," he said. "At that point I felt something very very hard on the back of my head ... basically rubbing my face into the street."

He recalled screaming, "You’re hurting me, why are you doing this? Please stop," until his face was pushed into the ground so he couldn’t scream anymore, he said. More demonstrators poured into the intersection and took the places of those being arrested in the tense standoff, the Santa Cruz Sentinel reported. "There was a big push from protesters to let them go," said Stephen Yogi, an undergraduate student studying history, who watched the scene unfold.

Sirigoti said he and the other demonstrators were put in an Alameda County law enforcement van and taken to a processing station at an offsite university property near Natural Bridges State Beach. The students were processed and given an immediate two-week suspension from campus property. Their charges include unlawful assembly, obstructing a public roadway and disobeying a lawful order, according to UCSC spokesman Scott Hernandez-Jason. All but one was cited and released.

In a statement, Hernandez-Jason defended the police response. "Officers repeatedly tried to deescalate the situation and made clear that blocking this major roadway had to stop or it would lead to arrest," he said. "Demonstrators locked arms, sat in the roadway, and refused to move back onto the university field." During major disruptions like this, Hernandez-Jason said, campus police call on other law enforcement agencies to provide additional support, and don't know the cost until after after the action has concluded.

"UCSC’s police officers have a critical role in ensuring safety and security to all on campus. They protect everyone’s ability to exercise the constitutionally protected rights of free expression, speech and assembly," he said. "These rights do not extend, however, to disrupting regular and essential operations of the university by occupying offices, blocking roads or infringing on the rights of others." After his release, Sirigotis tried to get medical care for the swelling and cuts on his face, but the suspension prevented him from going to his primary care doctor at the on-campus health center. Instead, he went to urgent care, where a doctor dressed his wounds and confirmed he suffered blunt-force trauma and might have a slight concussion.

"The university is choosing to spend a tremendous amount of money on police intimidation, police violence, police brutality, against peaceful unarmed students," said Sirigotis, who also has a 2-inch bald patch on the back of his head where police yanked his hair out. "I think it’s a huge indication of the amount of resources at the UC and that it's never a problem of not having money, it’s a problem of how that money is being spent."

One student also sustained a gash to his face and another student sustained a broken finger, according to a press release from the striking students. "The size and brutality of the police response has been stark," the release said. Hernandez-Jason, though, said many claims of injury have been greatly exaggerated. "We are aware of many unsubstantiated rumors being spread on social media," he said. "Anyone who has a complaint about police conduct can submit a report online and the department will review following standard procedures."

Deborah Gould, an associate professor of sociology, works with Sirigotis and watched his clash with police on Wednesday. "It was a very menacing police presence and I think it really escalated the situation unnecessarily, and people got hurt," said Gould, who joined students on the picket line. "The faculty here realize that this university can not function without the labor of our graduate students, and they need to be paid a living wage for the job they do," she added.

‘This Is a Crisis Situation’

UCSC graduate students started their grading strike in December, refusing to submit fall quarter grades until they receive a $1,400 monthly raise. Teaching assistants, who usually work 20 hours a week, makes an average of $2,400 a month. In contrast, an average one-bedroom apartment in Santa Cruz rents for $2,600 per month, according to RENTCafé.

"The strike is raising really important and fundamental issues in relationship to graduate student economic justice and housing justice in Santa Cruz, one of the most expensive cities to live in in the country," said T.J. Demos, an art history professor at the university. The university does, however, waive tuition for grad students who work as teaching assistants, and provides benefits like health insurance and reimbursement for child care expenses.

“We need to be out of rent burden,” said Veronica Hamilton, a teaching assistant who is pursuing her Ph.D. in social psychology. Hamilton said she received a disciplinary warning letter from the university last week.

"There are many people who are ready to drop out of graduate school because they can't afford it," she said. "This is a crisis situation. And what we need is the administration to prioritize graduate students in their budget."

But Hernandez-Jason said the school does not have the authority to change the teaching assistant's labor contract because it was already negotiated by the union representing graduate students throughout the UC system. [See the note below.] Hernandez-Jason said the school has been extremely disappointed about the course of action the students have decided to take. "This can have a profound, and perhaps unexpected impact on our undergraduate students, including loss of financial aid, ability to graduate, declare a major, or apply to other programs including graduate school," he said in an email.

Source: https://www.kqed.org/news/11801554/striking-uc-santa-cruz-graduate-students-hold-picket-lines-after-police-arrest-17

=========================
Note: Our initial post on this matter included the following:
Campus administrators have said it would be illegal for them to negotiate with strikers because the protest is unauthorized by the broader union, and their contract prohibits such work stoppages.*
===
*Editor's note: Yes, it would be illegal as stated. Directly negotiating with whatever ad hoc student group is leading the strike at the campus level would violate state law. However, the union (as opposed to the ad hoc student group) can be asked if it would reopen the contract voluntarily to discuss a pay adjustment. That is, both sides can always voluntarily agree to reopen an existing contract, even if the contract has a longer duration. Campus officials and UC officials may not want to make such a request out of fear that the entire contract - all campuses - would end up being reopened or simply may want to make the point that a no-strike clause in a contract has to be respected.
===