EMU-AAUP Responds to Demand for Injunction
Press Release:
Breaking: EMU Faculty Union Opposes Unsupported Demand for Injunction to Force Professors Back to Work
EMU Administration has unclean hands due to repeated unfair labor practices
YPSILANTI, Michigan – The Eastern Michigan University Chapter of the American Association of University Professors (EMU-AAUP) will file a forceful response opposing a request by the EMU Administration for an injunction forcing EMU professors back to work.
“Our strike against the EMU Administration’s repeated illegal unfair labor practices will be settled at the bargaining table, not in a courtroom,” said Mohamed El-Sayed, professor of engineering at EMU and president of EMU-AAUP. “Instead of filing lawsuits which have no merit, EMU administrators should focus their efforts on good faith bargaining so we can reach a fair agreement which supports our students.”
The EMU Administration’s unsupported claim for an injunction will fail for several reasons:
The EMU Administration has “unclean hands” due to repeated unfair labor practices in violation of Michigan law
EMU has failed to show ‘irreparable harm’ due to a strike that has lasted, so far, less than 24 hours
EMU Administration is not entitled to injunctive relief due to equitable factors.
Legal precedent in Michigan requires that a party seeking an injunction must not itself have “unclean hands.” As EMU-AAUP will argue in its legal brief:
EMU Administration comes to this Court seeking equitable relief with hands that are far from “clean.” Rather, they are filthy. EMU Administration’s coordinated pattern of delay, bad faith negotiating tactics, and unfair labor practices has deeply damaged the University—well before any work stoppage on the part of Defendants.
The EMU Administration delayed the start of contract talks, cancelled several meetings, failed to show up for others with no advance notice, failed to respond to union proposals in a timely manner and has unfairly singled out faculty union members for retribution and retaliation, in violation of laws governing Michigan public employees.
The proposal from the EMU Administration, for example, which would saddle many EMU-AAUP members with thousands of dollars a year in additional health care costs, is more costly and onerous than health insurance plans agreed to and currently in effect for other campus bargaining units. This violates Michigan Public Act 152, which requires public employers to choose a consistent health plan design for all bargaining units.
“It’s unfortunate that the EMU Administration’s failure to bargain in good faith has caused delay and disruption for our students,” said El-Sayed. “Filing an unsupported lawsuit that attempts to force our members back to work against their will does not move us forward one inch. Our negotiating team is meeting with EMU officials today; we are available today and every day to find common ground, settle this dispute and move our University forward.”