1 Eighty years of editorial freedom Edited and managed by students at the University of Michigan Supporting workers'f ight for decent wages 420 Maynard St., Ann Arbor, Mich News Phone: 764-C552 Editorials printed in The Michigan Daily express the individual opinions of staff writers or the editors. This must be noted in all reprints. THURSDAY, JANUARY 21, 1971 NIGHT EDITOR: LYNN WEINER Judiieal system for the'U' AS THE LONG-STANDING debate over campus disciplinary procedures ap- proaches a climax, the University is fac- ed with more than just a legal issue. In fact, the entire question of the en- actment and enforcement of rules gov- erning non-academic conduct has a di- rect bearing on the nature of the Uni- versity as an academic community. In an ideal sense, the behavior of the students and faculty members who com-; prise such a community centers aroundI the free flow of ideas, a rational investi- gation of the surrounding society, and an unimpeded attack on the society's de- ficiencies. Approaches vary, as members of the community explore new life styles, form new political and social movements, and attempt to convince others of the valid- ity of their views. This atmosphere of innovation has al- ways been a matter of concern to those outside the academic community. View- ing it as a threat to their own establish- ed way of life, they have placed restric- tions on how far the university can go. The most obvious examples of this are financial, since the university is depend- ent on outside funding. Much less ob- vious, however, are the restrictions that stem from society's legal definition of what conduct is appropriate for an in- dividual, and how it should be enforced. For example, over the past 18 months, some students at the University have found that an effective means of com- municating their point of view is by abruptly entering a classroom and speak- ing directly to the teacher and students present. In such a manner, they are able to expose their audience not only to an issue it may be unfamiliar with, but also to their clear disdain for the conven- tional classroom situation. Such conduct can clearly have aca- demic value, in that it can facilitate the exchange of ideas. At the same time, it can be abused, and classes might be in- terrupted continually, without the aud- ience being allowed to participate. But regardless of whether it has aca- demic value or not, the conduct is defin- ed by state law as "disruption of uni- versity functions" and is punishable in civil courts by 90 days in jail, and a fine of between $200 and $1,000. This statute can be used in a wide var- lety of cases, ranging from a peaceful sit- in in the lobby of the Administration Bldg. to an impromptu political debate started by students in a geology class. And it becomes an. effective method of restricting modes of political expression that have come to be accepted as part of an academic community. THUS, IF THE University wishes to maximize the ability of its constitu- ents - students and faculty members - to stand apart and examine the frame- work of the surrounding society, an im- portant step is to divest itself of that framework as much as is possible. In particular, if there are to be laws governing the conduct of students and faculty members, and disciplinary pro- cedures for enforcing them, it is more judicious for them to be evolved within the University community, by people aware that a flexible framework is essen- tial. But in doing so, it is crucial that Uni- versity rules and disciplinary procedures do not become just a counterpart to those outside. The regulations should not re- strict the activities appropriate to an Editorial Staff MARTIN A. HIRSCHMAN, Editor STUART GANNES JUDY SARASOHN Editorial Director Managing Editor NADINE COHODAS......... ...... Feature Editor JIM NEUBACHER ............Editorial Page Editor ROB BIER................Associate Managing Editor LAURIE HARRIS ................ . . Arts Editor JUDY KAHN ...... Personnel Director DANIEL ZWERDLING . Magazine Editor ROBERT CONROW. ..,...... Books Editor JIM JUDKIS. ..,. .,..... Photography Editor EDITORIAL NIGHT EDITORS: Jim Beattie, Lindsay Chaney, Steve Koppman, Pat Mahoney, Rick Perloff. NIGHT EDITORS: Jim Beattie, Dave Chudwin, Steve Koppman, Robert Kraftowitz, Larry Lempert, Lynn Weiner. DAY EDITORS: Rose Berstein. Mark [iJen. S a r a Fitzgerald Art Lerner. Jim McFerson, Jonathan Miller, Hannah Morrison, Bob Schreiner, W. E. Schrock. EDITORIAL NIGHT EDITORS: Jim Beattie, Lindsay Chaney, Steve Koppman, Pat Mahoney. Rick academic community, and should be en- forced by a judicial process that has the flexibility to bend to changing modes of expression. These concepts have apparently had considerable impact on the deliberations of the Committee on a Permanent Uni- versity Judiciary. In December, after sev- en months of discussion, the student-fa- culty-administration committee proposed a judicial plan which focuses on meeting the singular requirements of the Uni- versity community. Under the proposal, a jury composed of randomly-selected students would deter- mine guilt or innocence, and punishment in cases where a student was the defend- ant. This aspect of the plan, which has encountered little opposition around th University community,; is crucial in as- suring that the judicial plan will be ac- ceptable to all elements of the studen body. Having pressed for this basic elemen of American jurisprudence-trial by jury of peers-for several years, students woul feel it was far more likely that th verdict in disciplinary trials would not b prejudiced by the defendant's attitude his appearance, or his style of speaking In addition, the punishment impose on a defendant found guilty would b determined by those who are likely to b most aware of how grave the defendant' action was, in light of changing mode of expression among student members o an academic community. The second crucial aspect of the pla involves the method with which the cour would rule on motions by either th plaintiff or the defendant. The committee proposed that the in itial ruling be made by a presiding judge who would have considerable legal ex perience and be selected from outsid the University community. The motions would presumably includ such sensitive questions as whether t prohibit testimony which aims atestab lishing a political basis for the defend ant's alleged actions and whether to ba people from the courtroom who interrup the proceedings. BUT RECOGNIZING that judicious de cisions on the relevance of testimon would require an understanding of wh is applicable in this academic communit the committee proposed that studeni and faculty members be seated as ass ciate judges to provide the necessar input. During the first half of the judiciary experimental first year, there would b two associate judges, one student an one faculty member. During the latter si months, there would be three associa judges, two students and one facult member in trials of students, and t faculty members and one student in tria of faculty members. The panel's composition d u r i n g t latter six months is preferable, since most adequately assures the defenda that his social and political framewor will be taken into account by procedur rulings. The Regents, as they consider the con mittee's proposal today, should bear : mind that the major elements of tl committee's proposal are essential to t success of a disciplinary procedure at ti University-they have been proposed wi the aim of making the judiciary accep able to the students and faculty men bers who would be affected by it. Moreover, the proposed system, if su cessful, would significantly aid in lesse ing the influences of outside restrictio: on the University community. -ROBERT KRAFTOWITZ Too bad THE UNITED STATES has suspended a military sales to Ecuador and is coi sidering further punitive action becau of the seizure of American fishing boat Ecuador claims territorial jurisdictic over the Pacific for 200 miles from i coastline, while the United States on recognizes a 12-mile territorial limit. State Department spokesman Robe McCloskey says "our purpose in takir (EDITOR'S NOTE: The follow- ing is a statement of the AFSCME Support Coalition). AS MOST STUDENTS probably know, University employes are on strike. The University, of course, is issuing many pious statements concerning its desire to bargain in "good faith," call in "impartial" fact-finders, consider all segments of the University community, all the while implying that it is the union which doesn't want an equitable settlement. AFSCME has, however, been bargaining since last fall, even go- ing so far as to grant two contract extensions. Not until last Sunday was a hard strike date set, and then only at the insistence of an angered rank and file. The work- ers, in no uncertain terms, told their leadership that if there was no settlement by Monday at mid- night t h e r e would be a strike, whether or not union officials ap- proved. The University's call for fact- -finding is in reality a stall tactic designed to divide the workers. If the University wanted s u c h an agreement, they would have called in fact-finding weeks ago when Fleming and his negotiating team made the decision not to offer the union an adequate contract. YET WHAT FACTS are to be found? Will fact-finding deter- mine that workers should not get raises to cover the rise in cost of e living? It is doubtful. Will fact- finding determine that workers and their families should not have adequate health insurance? This t too, is very doubtful. Anyone who works for a living t knows about inflation and under- stands why doctors drive Cadil- lacs. In these cases, as well as oth- d ers, the facts demand the Univer- e sity shell out to insure their em- e ployes an adequate standard of living. , Another of the major demands is a 24-hour Child Care Center for d workers' children and others in e the community. Just to survive in Ann Arbor, both parents in most e working families must hold jobs. S Our society tells women they have S a responsibility to care for their f children w h i le simultaneously making that extremely difficult by paying many workers so low a n wage that mothers are forced to 't work. The creation of such a child e care center is the only way to free working,, mothers here from the impossible bind the University and - society put women in. e, Because we as students are part - of this University community, we perform the jobs of striking wo:k- ers. An end to the University's dis- criminatory e c o n o m i c policies would obviously not cure sexism in the society. A lot of people, in both the private and public sec- tors of the economy, make a l.ot of money from beating down wo- men. Sexism is deeply rooted in ourselves as well as the capitalist system. But this in no way excus- es the conduct of the University. The administration claims that institutions providing important public services are somehow above the strife of labor disputes. It' is. however, open to serious question whether the University provid -s important public service. But even if it does, does this give any in- stitution the right to provide ben- efits to one part of the society at the expense of another? And fur- ther. should we as students. put our desire for an education above the right of others to earn a de- cent living? We say no. Students should not scab. They should not do any work that normally is done by people on strike. They should increase. rather than decrease the pressure against the University. The great- er the University's inability to function, the greater t h e pres- sure on the Administration to come to an equitable settlement. Ic is incredible, in fact, that any- one could see taking an AFSCME worker's job as moral or legiti- mate. During the GM strike few ae would have considered, even for a rd moment, taking an auto worker's n job. And University employes now are fighting the same battle for a at decent life that the GM workers A- fought last month. i- -Daily-Jin Judkis have formed a coalition to sup- port the AFSCME demands, Per- haps the initial step we can take is to deal with some of the lies and distortions the University is spreading. Fleming, along with other Uni- versity bureaucrats, claims the University cannot afford the pay raises - without further hikes in student fees. But the money is there. ROTC, faculty golf ,ours- es, and other such "essential" pro- grams should be junked and the money sent to the Payroll Depart- ment. Then'we can tax the corpora- tions. Since they receive the larg- est benefits from the University (free job training, recruiting, re- search and the like), they should be the ones to pay. The Univer- sity should demand that the state legislature heavily t a x corporate income for educational purposes (as well as for other desperately needed state services). A .FEE HIKE is clearly unnec- essary and obviously a threat the University is using to turn stu- dents and their parents against worker demands. As it but the wealthiest can no to attend their tax-suppo stitutions. The coalition also dema the University stop its se icies of employment. Fir versity supervisors play fact that women havet job options. Thus women 'signed to the lowest paids menial jobs (maids, kitch etc.). Women who are f work often have no altern to take such work. Promotions, too, almos go to men. Clerical hel mostly women, a r e am worst paid employes at versity. The University a off the abundance of wives available to do cleri against those outside the ic communi y who might ently fill these positions. But with the pressure strike, the University's tr nature has surfaced. Su have started a terror c against women - especia hospital - telling them th be fired if they did not is, non w affoi nrted in nds tha xist po st, Un We are demanding dormitor:es remain open and if Universty of- ficials order them closed. students should refuse to leave and force the dorms to remain open. We should visit University officials en masse either in their offices or at their meetings. demanding nn- mediate acceptance of union de- mands. MASS ACTION. unfortunately, is the only language the Univer- sity hears. Such mass action won the Bookstore. the BAM demands and many other issues, and our united action can help the union win. There is also the likely possibil- ity that the University will at- tempt to get an injunction against the strike, claiming it is against state law for public employes to strike. And the University is us- ing the threat of jail and fines against the union. This is not the excercise of jus- tice but the pandering to the in- terest of the few atuthe expense of the many. This must be clear - no law in existence forces t h e University to press for an injunc- tion. For the University to press for an injunction is not a nasty though necessary course to take in the name of the public inter- est, but rather a shoddy attempt to circumvent the normal process of collective bargaining. We must. by the presence of our numbers, make it clear to the University that they will pay a larger price for obtaining the injunction than for settling the strike. Until now, contract negotiations havebeen completely secret. The rank and file have had no idea of whether the bargaining com- mittee has been representing their interests. This has led to uncer- tainty and division among t h e workers. The distrust felt by union mem- bers for their leadership, though is not rooted in secrecy, but mere- ly amplified by it. The m a j o r problem has been and continues to be the undemocratic nature of the union. Members of all union committees, including th bar- gaining committee, are chosen by the President instead of the rank and file. Thus t h e committee members are responsible to McCracken rather than the workers. As things stand now workers have no rea- son to believe that their interests are being adequately represented. And the hesitance of union lead- ership to use mass pressure against the University has eroded the mo- rale of rank and file. All along the workers have been applying pressure on their leadership to strike, and until Monday at midi night-that mandate had been ig nored. For the workers understand, ev- en if union officials don't, that they must in almost every instance use mass pressure (strikes), in or- der to force their employers to give them what they need to live a decent life. OUR SUPPORT for the AFS- CME workers will not fade in the face of political differences. As long as workers are off their jobs, as long as the University contin- ues to refuse to meet their needs, we will be at their sides, strug- gling with them and for them and for ourselves. 4 4 4 on t he STUDENTS SHOULD become very few angry.- They should demand :;er- are as- vices. But the anger should be di- and most rected at the University for not ien help paying decent wages rather than orced to at the workers for demanding de- ative but cent wages. We should phone. write, telegram and call upon all t always officials of the University and ex- p, a 1 s 0 press our feelings most emphat- iong the ically to them. the Uni- Many have argued during the lso plays negotiations that University Hos- students' pital should be kept open at all ical work costs. The reasons are well known, academ- appealing and false. Most patients perman- in the hospital can safely be mov- ed elsewhere, while the union has e of the stated it will maintain services for ue sexist those who cannot be moved. The pervisors hospital administration, in fact. campaign found it a simple matter to cut Ily at the down its number of patients by a zey would third in order to give themselves scab or a Christmas vacation. But the claim that the respon- sibility for patient care lies with the workers is false. It lies with the University. The greatest re- sponsibility of the hospital work- er is to maintain decent living for herself or himself and his or her family. just de- To those who argue the hospital mbers of should remain open we say, how y to dis- many of you are willing to sacri- nring all fice yourselves and work for hos- efraining pital porter wages for the rest of as scab- tyour lives? If not, don't demand that others do. Support their --Jan. 14right to a decent living. There a r e many other things system students can do to support the un- ion beyond merely not scabbing. We can vocally make demands on 3PECT of the University to settle and we he perva- can use our numbers to bolster the revails in union picket lines., wi Letters to The Daily Women To the Daily: YOUR JANUARY 14 story on Women's Lib should have been headed "Women's Lib: Alive and Changing" instead of "Alive but changing." It is neither surpris- ing nor a source of discourage- ment that a spontaneous move- ment which directly affects the lives of so much of the popula- tion should manifest itself in a variety of organizations and small group efforts. The movement of women in Ann Arbor and around t h e country which I have observed in the past year is amazing in its diversity and extent. Each of us should use our energies in the direction of concrete action - not to staff the establishment and maintenance cf yet another slow-moving mass o-- ganization. Such an organization may grow in the future, but for now we can move faster and do much more in smaller groups which come together for specifio goals of the members. Communi- cation between groups is valuable, but complete agreement is not necessarily good or essential to ef- fectiveness. --Helen Forsyth Ulrich's To the Daily: I HAVE JUST read the letter concerning the unfriendly a n d distrustful atmosphere which per- vades Ulrich's Bookstore, and I would only like to say t h a t I couldn't agree more. I have worked there on and off for nearly a year, and finally just had enough of - the threats, insults, and degra- dations which the managerial staff of Ulrich's bestows upon the rest of the employes. -Judi Glick Jan. 14 LSA Gov't To the Daily: THE FOLLOWING resolution was passed by the LS&A Student Government : WHEREAS: Many workers em- ployed by the University do not receive the minimum wages re- quired to subsist in Ann Arbor, discrimination -of women a n d blacks is widespread, and Univer- sity grievance procedures for em- ployes are inadequate; mho T... C~rA l d t fi, lanme.nt ers in their strike for mands and urge all me the University communit play their support by hor picket lines and by r from any activity such bing. Caste To the Daily: ONE IMPORTANT AS the AFSCME strike is tY sive caste system that p the University community, espec- ially at University Hospital, where it is enhanced by the wearing of uniforms which identify people's positions very easily. Even 2% years of being at the lowest rung of a very low ladder can't prepare one for such ques- tions from medical professionals as, "But how could you be a Jan- itor for so long?" Although rare- ly spoken aloud, it is often said silently. Actions which continous- ly reinforce this structure are in- sults to the idea of "an honest Job well done." This is part of the reason that "strike fever" gains strength every day. Not all strikes are about money. whe L&al suent tverwo - Wa eSu wholeheartedly supports the work- --Wade Shull BA M position on AFSCME strike (EDITOR'S NOTE: The following is a statement of the Black Action Movement.) LAST SPRING AFSCME supported the Black Action Movement's strike against the University. Now AFSCME is engaged in a4 struggle against that same agent of the culture. The University - dedicated ostensibly to arts, sciences, and truths -- is taking the same self-preserving stance with workers as it did with us. Just as our demands were well within the economic reach of the University, so are the conservative requests of the union. Certain of the union demands would not, in effect, cost the Uni- versity any monies, for instance, the changed retirement policy where, while a worker would retire earlier he would receive less benefits. This was true in our strike when we demanded things like being termed black. Money issues then, are not all that separate the people and the power structures. The University's attitude of superiority of contempt, also separates us from them. It is interesting to realize how these attitudes have affected the University's behavior. victims of a cultural inflammation which allows one group of men to negotiate over a living wage forothers, these oppressive management forces proceed to decry the union. In a letter to the University community (of the infamous series of Open Letters) the University attempted to place the blame of whatever dis- comfort existed upon the workers. According to the University's smooth public relations staff, inflationary tuition hikes and rising housing costs are all the fault of the union. Similarly, the University claimed BAM was responsible for service cutbacks this fall. Yet we all are aware of the conspicuous waste of the University (Raddrick Farms golf course, etc.). The University, with its belief in a moronic student body, further contended (in its Open Letter) that it was bargaining in "good faith" were abiding by the "law" and seeking a "peaceful" settlement. WE HAVE HEARD these tired lines before. The erroneous logic of the University is evident. It is somewhat less than sensible for the University to refuse to acquiesce to demands bringing no economic costs and yet claim "good faith". It is absurd for the University to produce countless economic studies on living wages and still pay the average AFSCME worker $2.67 an hour. Yet the University, which forced this strike by such attitudes, claims the banner of right. Holding this false flag, they have asked students not to get involved. Realize that this is only another ploy of the University. To create an illusion of a student middle class among blacks is perhaps the culture's weakest hope. We of BAM are cognizant . - ..__------- - --- --,--. i-,.lf A