Esteemed Board of Education Members,

I’m writing regarding the recent ruling by the Employment Relations Board, which confirms that the LCC Administration engaged in unlawful activity –  Unfair Labor Practices –  in their treatment of faculty and our faculty union (below). On behalf of the faculty, I am writing to respectfully request that the Board of Education provide direction to the Administration to change course and to make every effort to take a collaborative, productive approach to labor relations. 

The Employment Relations Board – a panel of three judges – issued a final decision and order on July 22, 2025 regarding the unfair labor practices the College committed, which were the subject of May 2024 and April 2025 hearings.

The panel of judges found that the College Administration engaged in several unfair labor practices when LCC violated ORS 243.672(1)(a) on two counts as well as ORS 243.672(1)(b) and ORS 243.672(1)(e). This statutory language is pasted below for your reference, and the full decision is below.

243.672 Unfair labor practices; complaints; filing fees. (1) It is an unfair labor practice for a public employer or its designated representative to do any of the following:

   (a) Interfere with, restrain or coerce employees in or because of the exercise of rights guaranteed in ORS 243.662.

   (b) Dominate, interfere with or assist in the formation, existence or administration of any employee organization.

   … 

   (e) Refuse to bargain collectively in good faith with the exclusive representative. …

The judges determined that the College Administration violated ORS 243.672(1)(a) by engaging in surveillance of union emails on the faculty email list. The judges’ order also confirms that the LCC Administration violated ORS 243.672(1)(a) by threatening Faculty Council with legal action and seeking to prohibit legally-protected discussion at their Council meeting.

In addition, the ERB panel of judges found that the College Administration engaged in unlawful direct dealing and violated ORS 342.672(1)(b) and (1)(e) by dealing directly both with a group of faculty members and also through a survey of faculty-at-large over potential changes which would require bargaining.

In addition to ordering LCC to cease and desist from these unlawful violations of the PECBA (i.e., Public Employees Collective Bargaining Act), the ERB panel of judges has also issued an order that the LCC Administration, within ten days of July 22, 2025, must post a notice both physically on campus as well as by email to all LCC faculty members regarding the unlawful conduct by LCC Administration. According to the order, the ERB generally requires such postings when they: 

“determine that a party’s violations of PECBA: (1) were calculated or flagrant; (2) were part of a continuing course of illegal conduct; (3) were perpetrated by a significant number of a Respondent’s personnel; (4) affected a significant portion of bargaining unit employees; (5) had a significant potential or actual impact on the functioning of the designated bargaining representative as the representative; or (6) involved a strike, lockout, or discharge.” 

These legal violations, while significant on their own, form part of a broader pattern of Administration retaliation toward faculty and other campus members over the past three years directed toward those who speak up and who advocate for justice on campus, evincing Administration intolerance for divergent viewpoints and anti-union sentiment, which LCCEA and other faculty members have cited in numerous Board reports and public comment. At the same time, we recently received updated data from the LCC Administration on their escalating legal fees, expended from our precious public dollars, creating undue pressure on the LCC budget. Please see the chart below.

Faculty are deeply committed to productive labor relations, which also contribute positively to our campus, our students, and our community. We would like to see your leadership in ensuring the conditions on campus are transformed in order to allow us to do our best work in serving students, which is at the center of all we do.

Productive labor relations do require a demonstrated commitment from management, and your explicit direction and guidance to set the tone and expectations are necessary. As the supreme governing body at Lane Community College, voters and community members are counting on you as our Board members to provide direction to the Administration and to create the college the broader community deserves. 

It is our sincere hope that you will consider this in earnest and take immediate action to help move LCC in a more positive, collaborative, productive direction – one that: welcomes and encourages the free exchange of ideas; seeks settlement over disputes; and ensures a reasonable, fair approach to contract negotiations that honors faculty as professionals rather than one that continues to create more strife. For your reference, I am also including a letter the elected officers of LCCEA sent to the Board last September 2024 with specific recommendations for actionable, measurable steps that would improve labor relations. 

Thank you for your consideration and, as always, for your dedicated service on the Board and your representation of the people of Lane County,

Most sincerely,

Adrienne–

Adrienne Mitchell, M.A., M.Ed.

Faculty Member, Academic Learning Skills Department

President, Lane Community College Education Association

Vice President, Oregon Education Association Community College Council

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