Discussions between the University and the Harvard Union of Clerical and Technical Workers (HUCTW) and a preliminary review by the University have revealed that some of Harvard’s casual employees may have inadvertently been permitted to work beyond the limits defined by established University policy.

For many years Harvard has maintained a clear policy and HUCTW and the University have held negotiated understandings about qualifications for employment on the casual payroll. Under those guidelines, a "casual" employee is one hired for three months or less, or who works less than 17.5 hours per week. There are also federal guidelines that establish a service threshold after which a casual employee must be paid certain benefits. In keeping with the University’s decentralized administration, these rules have been distributed to the faculties and departments where hiring responsibility resides to ensure compliance with existing laws, union contracts, and University policy.

During the summer of 1998, HUCTW raised with the University a number of concerns about the practices in the employment of casual employees, which could potentially contradict those guidelines. As a result, University administrators began a review of the situation, starting with Harvard’s four largest faculties, and continued a dialogue with the union on this subject.

The University’s preliminary review and ongoing discussions with HUCTW revealed that practices related to the employment of casuals are not uniform throughout the University. As a result, some employees may not have received benefits to which they are entitled. Joint efforts have resulted in the correction of some specific situations where errors had occurred. Further, the HUCTW-University dialogue made it apparent that managers and employees need clearer instructions about how the policy should be applied.

According to Sally Zeckhauser, Vice President for Administration, "There are many administrative checks and safeguards in place to ensure that practices with respect to the University's preponderant workforce – its 'regular' employees – are fully consistent with the University’s policies. We need to make certain that similar safeguards operate equally effectively for our casual workforce. Harvard has a clear obligation to ensure that all employees are treated fairly and consistently, in accordance with University policy and other requirements."

"The question of the appropriate use of the casual payroll is a critical one for our working community. If we want to have an enlightened workplace which respects the dignity of all workers, we need to keep working together to solve the casual problem in a timely way," said Bill Jaeger, HUCTW Director.

The University and HUCTW have been working on several fronts to resolve this matter as expeditiously as possible. The University has initiated a major data- gathering effort to obtain from Schools, departments, and other units all the information needed to identify any casuals who may have worked longer than the allowable time periods. HUCTW and the University have continued to meet to discuss issues related to casual employees who could potentially be members of that union.

These efforts are being complemented by the work of an important Ad Hoc Committee on Employment Policies appointed by President Neil L. Rudenstine in April. This Ad Hoc Committee, made up of senior faculty and administrators, will develop recommendations concerning future policies about the University's contingent workforce, which includes casual employees as well as outside contractors.

The University and the HUCTW share a mutual commitment to eliminating confusion about the application of this policy, correcting errors that have been made in its administration and reaching a common understanding about how to ensure that the policy is correctly administered in the future

According to President Rudenstine, "A thorough analysis, by several groups within Harvard, has been underway to assess the scope of this situation. The work by staff and faculty has gone forward in a careful, thorough, and objective way. As soon as this analysis has been completed, we will have concrete recommendations designed to resolve the matters at hand as well as to ensure full and consistent future compliance with University policy and all applicable regulations."

Those who have questions or additional information concerning casual employment policies and practices at Harvard should call their local office of human resources, the University’s Office of Labor Relations at 495-2136 or HUCTW at 661-8289.