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On behalf of the University, I have decided not to pursue further Harvard's objections to the May 17 election to determine whether the Harvard Union of Clerical and Technical Workers (HUCTW) should become the authorized bargaining representative of our support staff.
Throughout this proceeding, as in the election campaign itself, Harvard has wanted to insure that our employees had a fair and informed opportunity to decide whether to be represented by a union. Following a closely divided vote on May 17, the University received many complaints about union efforts to get out the vote on election day. These complaints raised a substantial doubt as to whether the methods that the union had used were in conformance with existing rules governing the conduct of union elections. In order to make sure that the election was fair, Harvard filed objections with the National Labor Relations Board.
Last week, an Administrative Law Judge (ALJ) issued a report recommending that the Board uphold the election and certify the union. Although the report does not convince me that our initial doubts were unfounded, I recognize that a decision to file exceptions would almost certainly bring about months, or even a year or more, of added delay and uncertainty pending a final decision of the National Labor Relations Board. I do not believe that we should allow this delay, with all the burdens that would accompany it unless there is a substantial likelihood that the ALJ's recommendations will be overturned by the National Labor Relations Board.
In weighing the possibility of reversal, I have consulted widely not only within my own staff but among individuals without prior connection with the election who are highly knowlegeable about labor relations and labor law. These discussions have led me to the following conclusions. Although the ALJ's opinion contains unwarranted and gratuitous comments about participants in the proceedings and can be disputed on other grounds as well, I do not believe that the odds of securing a reversal are substantial enough to outweigh the risks of imposing a long and fruitless delay that could frustrate the interests of many of our employees and prejudice constructive relations with the union over the long run. Instead, I have concluded that a decision not to file exceptions will improve the prospects of working creatively with representatives of the union to establish a relationship that will ultimately further the best interests of the employees and the University. In this regard, I have reason to believe that we can establish a framework for the negotiating process that will maximize the possibility of fruitful collaboration while minimizing the risk of discord.
With this decision, and the expected certification by the Board, we will commence a new chapter in our relations with the Harvard Union of Clerical and Technical Workers. I will work to make this relationship as constructive and harmonious as possible. We are not likely to achieve this goal unless many people on both sides overcome the partisan feelings that have naturally arisen in the course of a long election campaign. I therefore urge everyone concerned to proceed in a positive spirit and to join in a creative effort to serve the needs of all our employees in a manner consistent with the mission of the University.
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