February 27, 2002 -------------------------------------------------------------------- Federal Government Charges NYU With Illegal Firing of Professor --------------------------------------------------------------------
The National Labor Relations Board's New York City regional office advised today that it is issuing a complaint charging New York University with illegally firing professor Joel Westheimer, in retaliation for Westheimer's testimony in support of graduate student unionization.
Under the federal labor law, the decision to issue a complaint is analogous to an indictment in criminal cases. Today's announcement comes after an in-depth investigation that has been going on for more than four months.
In September 1999, Westheimer was the only untenured faculty member at NYU to testify before the Labor Board in support of the right of NYU graduate student workers to form a union. The NYU administration promptly began a campaign of retaliation that culminated last year, when Westheimer was denied tenure despite an outstanding academic record and the unanimous support of both his department and outside experts who reviewed the case. Tenure denial automatically results in firing at NYU. The American Association of University Professors and the UAW-GSOC (the union representing NYU's graduate students) joined hundreds of individual academics from across the country in protesting the NYU firing.
"This Complaint sends a message to University administrations across the country that they risk facing the full force of the federal government if they retaliate against supporters of academic workers who are organizing for a voice at work," said UAW Sub-Regional Director Julie Kushner. Kushner noted that the UAW is currently engaged in graduate student organizing campaigns at Columbia, Cornell and Tufts Universities, and is organizing the adjunct faculty at NYU.
"I'm just so thankful that the Labor Board has shown that NYU is not above the law," stated Westheimer. "I'm happy to hear whatever criticism people may have of me -- as long as it's based on my work. But firing someone for their political views should have no place at an institution like NYU."
"A university is supposed to be a place where people can speak their conscience -- even if they don't always agree with the administration," said Dean Hubbard, Westheimer's attorney. "What NYU did violates the most basic principles of academic freedom."
The NLRB Complaint comes only weeks after UAW-GSOC successfully negotiated a collective bargaining contract with NYU, the first-ever such agreement between a union of graduate student workers certified by an NLRB election and a private University.
Contact:
Dean Hubbard, Eisner & Hubbard, P.C., 212.473.8700
Julie Kushner, UAW Region 9A, 212.529.2580
Joel Westheimer, 613.562.5800, x4161
Gordon Lafer, Scholars, Artists and Writers for Social Justice, 541.346.2786
NLRB Region 2, Celeste Matina, Regional Director, 212.264.0300
For more information and documents about Dr. Westheimer's case, go to http://www.eisner-hubbard.com/westheimer