Because of the decision of the Michigan Court of Appeals, in the matter of National Pride Network et. al. v. City of Kalamazoo, et. al., EMU has to delete from this contract all the domestic partner benefit language that has been in the last several contracts. This action is required by the state, but the administration is responsible for its other actions on this issue and making them consistent with the university's stated commitments to diversity. Here's how the negotiations went and the ideas we presented that they rejected.

The administration's starting point on this issue was conveyed verbally: the administration would accept the recommendations of the factfinder if the AAUP would agree to delete all domestic partner language. We believe that they needed to accept the fact-finder's recommendations because it was the right thing to do (he was a neutral third party and the administration had invited us into the process).

The final result, a Memorandum Of Understanding (MOU) that will be part of the contract, states that EMU will re-institute benefits if allowed by law. It establishes a co-chaired benefits committee, with four members piked by the AAUP and four by management. The committee no longer disbands on Aug 30, 2007 (as the administration wanted), but exists for the duration of the contract. It reports yearly and the first report triggers a meeting of the negotiating teams. Part of its mission is to educate the university community about the impact of the court's decision. Members can bring in outside legal and benefit consultants to help inform the deliberations.

The AAUP wanted to include some specifics, not to narrow the charge but to give the committee some starting direction and resources. Below is what we presented to them and which they vigorously opposed. The administration rejected all variations on the ideas represented below.

1. The Committee shall get input from affected parties, and seek input about remedies that replace the loss of domestic partnership benefits or best mitigates them

2. The Committee shall disseminate information about the meaning and nature of these lost benefits to the university community

3. The Committee shall make good faith efforts to collaborate with other public higher educational institutions in Michigan to find the “best practices” in the realm of benefits remedies that replace the loss of domestic partnership benefits or best mitigates them

4. The Committee shall report on the extent to which the forthcoming University of Michigan proposals could apply to EMU and the modifications that would make it best fit our situation

5. The Committee shall estimate the cost of providing (a) health benefits and (b) a full benefits package to all domestic partners, regardless of sexual orientation

6. For each year after 2007 that EMU does not provide domestic partner benefits they shall spend at least that amount on the benefits committee and/or the search for solutions.

Please keep this in mind when the administration talks about its commitment to diversity.