COMPOSING THE
CIA JURY
See editorial page
IL
411 t r t 9 a n
I aii~j
BRITTLE
Hiigh-il7
Low--3
Mostly cloudy, cold
Chance of flurries
Vol. LXXXI, No. 92 Ann Arbor, Michigan-Tuesday, January 19, 1971 Ten Cents
Ten Pages
I
v
Fleming,
TALKS CONTINUE
IN
PAY DISPUTE
~VPs
'judic
hit
plan
A strike by some 2,500 University employes began at 12:01
this morning, as negotiators for the University and
Local 1583 of the American Federation of State, County and
Municipal Employes were unable to reach agreement on a
new contract by the midnight deadline.
A statement released by the union last night said that
the strike would continue until agreement was reached and
ratified by the membership.
While negotiations continued past midnight, AFSCME
members at food service, maintenance, and janitorial posi-
tions throughout the University walked off their jobs.
Union members had voted the previous night to walk out
if contract agreement was not reached by the midnight
By DAVE CHUDWIN
The University's executive officers will urge the Regents
to make major revisions in the proposed University judicial
system, The Daily learned yesteraay.
In a memorandum to the committee that drafted the
judicial plan, University Counsel Chris Christensen states
that President Robben Fleming and the seven University vice
presidpnts believe a key feature of the plan-randomly-
Aselect~d student juries in cases with student defendants-is
"the weakest link" in the proposal.
The executive officers believe that juries should deter-
mine just guilt or innocence, not punishment, and the deci-
sion should be by majority vote only, according to the memo.
The proposal drafted by the student-faculty-administra-
"'t committeeano ninted las t
-Daily-Sara Krulwich
AFSCME EMPLOYES AT UNIVERSITY HOSPITAL walk off their jobs at 12:01 a.m. this morning and sign up for picketting duties.
Some 1,600 of the union's 2,500 University members work at the hospital. The union has said it will leave a skeleton staff at work
there to maintain essential services.
:
Lower p ot
penalties
proposed
By CHRIS PARKS
Mayor Robert Harris last night
trongly urged the adoption of a.
roposed city ordinance to reduce
the penalty for the possession of
marijuana from a felony to a mis-
demeanor, but City Council post-
poned action on the proposal until
next week.
Under the provisions of the pro-
#osed ordinance the penalty for
possession of marijuana would be
up to 90 days in jail and up to
$100 in fines. The present state
laws calls for up to 10 years in
prison and up to $5,000 in finer
for the first offense.
At its regular meeting last night,
4ouncil voted unanimously to post-
pone the first reading of the ordi-
nance, which is the initial step
in a lengthy lawmaking proce-
dure.
Council scheduled a working
session on the ordinance for next
week, to be followed by the first
*eading a week later. In addition,
a public hearing was called for
three weeks from last night.
The ordinance, if passed would
place the offense of possession of
marijuana under the jurisdiction
of both city and state law, with
the city free to prosecute under
*ther law. Currently, the posses-
sion of marijuana in Ann Arbor is
a felony which is under state
jurisdiction only.
Citing the "danger of enforcing
uppopular laws" Harris said "pro-
hibition was a total disaster for
law enforcement, and marijuana
Wws are getting to be the same
thing." Harris called on Council
to "join hands with the kids" in
the fight against hard drugs, say-
ing this could only be done by
"legalizing marijuana".;
1 UVi LV1111111U4LG aiJIlV111t lCU liOt,
April provides that the six-
man j u r i e s determine both
guilt and punishment by a
unanimous vote.
Referring to the eight-page
memo, Fleming said last night,
"It's a collection of points made
by the various executive officers.
The drafting committee said they
would like to know the comments
we made about this."
The Regents will consider the
proposed judiciary at their month-
ly meeting Thursday and Friday,
but Fleming said there was very
little chance the Regents would
complete action on the compli-
cated plan this month.
The opinions of the executive
officers are highly influential with
the Regents, who receive most of
their information on campus is-
sues from Fleming and the vice
presidents.
The memo suggests that punish-
ment at disciplinary trials be de-
termined by a panel of judges,
which the executive officers be-
lieve should consist of a presiding
judge from outside the University
community and two associate
judges-one student and one fac-
ulty member.
The committee draft recom-
mends that the trial court follow
this procedure the first half of its
one - year experimental p e r i o d.
During the last six months, the
presiding judge would be joined
by two students and one faculty
member for student trials under
the committee plan.
"Juries do not normally deter-
mine sanctions, they simply de-
termine guilt or innocence," the
memo states. "Verdicts should be
by simple majority vote, again to
prevent one person from having
veto power, and to maintain some
balance among competing points
of view."a
Law Prof. Theodore St. An-
toine, a member of the drafting
committee, commented yesterday
on the objection, "It's almost uni-
versal that verdicts in criminal
trials be unanimous and fairly
general that verdicts in civil cases
be unanimous.
"In civil trials the jury often
See EXECUTIVE, Page 10
Classes on, dorms stay
open
as
U,
worker s
begin
walkout
By LARRY IJEMPERT line had been extended twice prior last night the residence halls were James Brinkerhoff, director of
As the. University's service and to the walkout. , making no plans beyond - today in business operations, added 1 a s t
maintenance employes went on The union has requested that the event of a strike. night, "Our attorneys have been
strike last night, administrators "students do not participate in the "We'll have to stand back, ob- at work since last Wednesday pre-
were planning for classes and picket lines, do not perform our serve, and evaluate," said Feld- paring papers for an injunction.
other functions of the University duties, and continue their class kamp. "We'll try to stay open. Part of our homework is to gather
to continue today as usual. schedules." If we can't do it, we'll have to data and prepare for such a pos-
The University stated its posi- close down." sibility."
President Robben Fleming said tion in yesterday's edition of the According to the statement in In order to get an injunction to
last night the University had not University Record. In the event of the University Record, "The Uni- halt the strike, the University
yet decided whether to seek an a strike, the Record said, "the versity's position is that a strike would have to show that the strike
injunction to halt the walkout by University would attempt to main- by public employes is illegal un- would result in "irreparable
Local 1583 of the American Fed- tain its operations and services as der current Michigan statutes and harm." A central part of such an
eration of State, County, and best it could, including keeping that such action would do irrepar- argument would be the operation
Municipal Employes (AFSCME). classes open." able harm," of University Hospital, where some
AFSCME workers began leaving "All faculty members would be One spokesman for the Univer- 1,600 AFSCME are employed.
their jobs last night at midnight, expected to hold classes," the sity said yesterday that an in- However, a union leaflet dis-
after negotiations failed to settle statement continued. junction request is likely. "If the tributed last week said "patients
differences between the University However, John Feldkamp, di- strike is illegal," he said, "what at the hospital will not be jeopar-
and the union. The contract dead- rector of University housing, said else can we do?" dized. The union will maintain all
deadline and not to return to
work until a new contract was
ratified. Charles McCracken,
president of Local 1583, had
indicated that this might in-
volve "a period of several days
following settlement."
The action came after three-
and-a-half months and more than
400 hours of negotiations as well
as two contract extensions. The
contract was originally due to ex-
pire at midnight Dec. 31.
The union reportedly made a
final wage proposal at 11 p.m. A
union member indicated that the
University negotiators subsequent-
ly made several calls to top ad-
ministrators, but reported that the
University would not agree to the
demand.
According to University officials,
the union's wage offer was sub-
stantially lower than its previous
position.
The union plans to maintain
"essential services," including op-
erations at University Hospital.
Students have been urged by the
union to continue to demand
services from the University, at-
tend classes, not to join picket
lines, and not to take positions
ordinarily held by union employes.
Contacted last night, President
Robben Fleming said the union's
total package came to over a 40
per cent increase in wages. He said
the University couldn't afford
more than an eight per cent in-
crease.
"We told the union," Fleming
said, "we're willing to talk about
any way you want to do this-
we're willing to cut the pie any
way."
But, he added, there is a limit
on what the University can offer.
"Any (pay) increase will result
in a charge back to the consumer
-an increase in rates," Fleming
continued. "Somebody has to give
some thought to the consumer.
We're at the point where we can't
cut services much more.
"We have indicated we will re-
sort *to fact finding," Fleming
said. "We believe it would be fair."
Saying negotiations were "at an
impasse," AFSCME president
Charles McCracken announced at
1:30 this morning the official
start of the strike. He said he
didn't know when negotiations
would resume, saying the union
"had left the door open" for fu-
ture talks.
McCracken said four issues re-
mained unresolved and that the
University and the union were
$.20 apart on an across the board
increase in wages.
One union official said that the
University had offered a new wage
package during yesterday's ses-
See EMPLOYES, Page 10
Petitions
supprt
AFSCME
By ZACH SCHILLER
and JOHN SHAMRAJ
Petitions in support of members
of Local 1583 of the American
Federation of State, County and
Municipal Employes (AFSCME)
were presented yesterday to Rob-
ert Knauss, vice president for stu-
dent services.
The petitions were presented
following a Fishbowl rally and a
march to the Administration Bldg.,
sponsored by members of the Coal-
ition to Support AFSCME.
After the strike began, the coa-
lition's steering committee called
for a noon Diag rally at noon to-
day and urged students to come to
the Student Activities Bldgto
help in support activities.
The coalition urged all students
not to scab, replace AFSCME
members at their jobs, and to de-
mand union services from the Uni-
versity.
In a written statement, the coa-
lition announced that it "shares
the anger of the University com-
munity at the administration's
failure to negotiate a decent set-
tlement with the workers."
The coalition held a meeting
last night to plan strategy for the
strike by AFSCME members, and
decided to press to keep dorms
open - a policy which coalition
members feel will pressure the
University to accede to AFSCME
demands. The coalition members
also plan to picket the Adminis-
tration Bldg. as well as ask
AFSCME officials if help is need-
ed on employe picket lines.
AFSCME has asked that picket
lines be manned by workers rather
than students, with the exception
of lines around the Administra-
tion Bldg. and President Robben
Fleming's home.
The coalition also voted to hold
dorm and class discussions to mo-
bilize student support for the
workers, and several task forces
were set up to work on various
support activities.
The coalition meeting, attended
by about 75 persons, was charac-
terized by lengthy debates and
factional disputes, mostly con-
cerning how militant the coalition
should be and the amount of au-
tonomy it has from the AFSCME
leadership's decisions.
During the noon rally, over 100
students heard Dave Wesley, pres-
ident of the Black Students Union,
See PETITIONERS, Page 10
AFSCME,
U' wage dispute:
Major obstacle to settlement
By MARK DILLEN
News Analysis
The key factor preventing a set-
tlement between the University
and Local 1583 of the American
Federation of State, County, and
Municipal Employes (AFSCME)
appears to be the question of
wages.
And the distance between the
two sides is a result of different
interpretations of the economic
question.
Adding to the arguments over
what the University can afford
and what the workers deserve, a
third has been added: how will the
new contract compare to the con-
tracts of other AFSCME locals?
Both sides have tried to use wage
scales at other schools to try to
prove their point.
The result is that the two par-
ties are still far apart. The Uni-
versity, according to President
Robben Fleming cannot afford
over an eight per cent increase in
wages while the union's total
package calls for a forty per cent
increase.
The University, for it's part, is
applying a strict interpretation of
contract between AFSCME locals
and other state schools. By com-
paring wage rates at other schools
with their current contract pro-
posals, the University's offers ap-
pears generous.
UNREST AT PACIFIC BASES
With the combination of an
r average 16c across the board in-
crease the first year, combined
with other sections of its offer,}
AFSCME employes here would
technically rate quite high in com-
parison with other AFSCME lo-
cals. However, the comparison is,
considered a weak one by union
officials.
With the largest and most com-
plicated classification structurez
of any state AFSCME local, union
employes are scattered through 1311
different job categories where
some state schools have as few asI
six.
In addition, there are twelve
different pay grades, further com-
plicating the significance of wage
increases.
With only 300-500 of the union's
2500 members above grade four,
the effect of large pay increases in
upper grades is not as great as it
would seem.
Reportedly, the University is of-
fering its greatest increases to the
small group in the upper pay
grades, with $.25 an hour to the
few skilled and semi-skilled
grades 9-12, $.20 an hour in grades
5-8, and only $.15 an hour in
grades 1-4.
The union wants the o-)posite
grading. AFSCME, while demand-
ing as much as $1.00 across-the-
board increase, will reportedly set-
tle for less.
Thus, while James Brinkerhoff,
director of business onerations. is
essential services."
Brinkerhoff said the decision on
seeking an injunction would be
made by a meeting of the execu-
tive officers of the University.
Explaining the dorm situation,
Feldkamp said that services in the
dormitories are "totally dependent
on an adequate work force. Kit-
chen operations can't be manned
adequately by volunteer help and
we depend on food being deliv-
ered by Food Stores.
Feldkamp said last week it
would be impossible for the Uni-
versity to relocate students living
in dorms if a strike was called. "If
there is a stoppage, we'll have our
hands full just securing the build-
ings and keeping track of things,"
he said.
More explicit plans for the dor-
mitories were enumerated at last
night's Office of Student Serv-
ices (OSS) policy board meeting.
Robert Knauss, vice president for
student services, announced
there will be no hot food served in
the dorms during a strike, since
See CLASSES, Page 10
Peace groups spur G. .
By The Pacific News Service
IWAKUNI, JAPAN - Efforts
by civilian anti-war activists in
the Far East h a v e prompted
U.S. soldiers in the Pacific to
establish underground newspa-
pers, political discussion groups,
and associations of militant
black enlisted men.
According to members of the
U.S. military, the civilian or-
ganizers have been having at
least moderate success at many
law and desertion. The Hong
Kong activists also run a "com-
mune" where GIs can discuss
politics and bed down free of
charge.
A pacifist group in Sydney
counsels GIs on military 1 a w
and edits a newspaper distribut-
ed to vacationing soldiers, while
at giant Clark Air Force Base
in the Philippines, church-affil-
iated organizers are helping to
publish "The Whig," an under-
and t h e Japanese anti-war
movement. Japan's m a s s i v e
Vietnam Peace Committee, Be-
heiren, which in 1968 took four
crewmen of the USS Intrepid
through Siberia to Sweden, now
devotes most of its efforts to
working w i t h GIs. A militant
offshoot of Beheiren, the Japan
Technical Committee to Aid De-
serters, has harbored some two
dozen enlisted men o v e r the
past year.
di'ssen t
cern in the press. In the case of
Ronald McLean, a 35 year-old
activist teacher, the Japanese
Ministry of Justice argued that,
"Because foreigners do not have
the right to vote, freedom jf ex-
pression, such as speech a n d
assembly, is not guaranteed to
them."
However, recently the Tokyo
High Court temporarily blocked
the deportation of Barbara Bye,
a 26 - year - old Pennsylvania
off