02/21/1975

UCCSN Board of Regents' Meeting Minutes
February 21-22, 1975








02-21-1975

Pages 32-57

BOARD OF REGENTS

UNIVERSITY OF NEVADA SYSTEM

February 21-22, 1975



The Board of Regents met in regular session on the above dates

in the Teacher Education building, University of Nevada, Las

Vegas.



Members present: Fred M. Anderson, M. D.

(Friday 2/21) Mr. James L. Buchanan, II

Mr. John Buchanan

Mrs. Lilly Fong

Mrs. William Knudtsen

Louis E. Lombardi, M. D.

Miss Brenda Mason

Mr. John Tom Ross

Miss Helen Thompson



Others present: Chancellor Neil D. Humphrey

President Donald H. Baepler, UNLV

President Charles R. Donnelly, CCD

President Max Milam, UNR

Acting President Lloyd Smith, DRI

Mr. Procter Hug, Jr., General Counsel

Vice President Arthur Gentile, UNLV

Vice President James T. Anderson, UNR

Vice President Herman Westfall, UNLV

Vice President Edward L. Pine, UNR

Mr. K. Donald Jessup, UNS

Mr. Harry Paul Wood, UNS

Dr. Owen Albert Knorr, UNS

Dr. Alfred W. Stoess, UNS

Mr. Mark H. Dawson, DRI

Mr. Mark Hughes, UNLV

Dr. Patrick Beaulieu, UNR

Mrs. Patricia Harris, DRI

Miss Delia Martinez, UNS

Dr. Joseph Mc Cullough, UNLV

Mr. Joe Doser, WNCC

Dr. Larry Tomlinson, CCCC

Mr. Val Buhecker, CSUN

Mr. Tom Mayer, ASUN President



The meeting was called to order by Chairman Buchanan at 10:30

A.M.



1. Request for Smoking Ban



Mrs. Fong requested that for the health and comfort of

those present, smoking be banned at meetings of the Board

of Regents.



Mr. Ross suggested that in view of proposed legislation

now under consideration by the Legislature, Counsel be

requested to look into the matter for the purpose of

determining whether or not it is legally permissible for

the Board of Regents to impose such a ban on a public

meeting.



Mr. Ross moved that the matter be referred to Counsel.

Motion seconded by Miss Thompson, carried without dissent.



2. Approval of Minutes



The minutes of the regular session of January 24-25, 1975

were submitted for approval.



Miss Thompson moved approval. Motion seconded by Dr.

Lombardi, carried without dissent.



Upon motion by Mrs. Knudtsen, seconded by Miss Thompson, 6 sup-

plemental items were admitted to the agenda.



3. Report of Gifts and Grants



Acceptance of the gifts and grants as reported by the

Division Presidents were recommended (report identified

as Ref. 3 and filed with permanent minutes).



Mrs. Knudtsen moved approval. Motion seconded by Miss

Thompson, carried without dissent.



4. Memorial for Dr. Richard Simons



President Baepler reported the death of Richard Simons,

Assistant Professor in the College of Education, and asked

that the following statement be approved for inclusion in

the minutes and that it be transmitted to Dr. Simon's

family:



The Regents of the University of Nevada System express

their sincere sorrow over the death of Dr. Richard

Simons, 31, Assistant Professor of Counselor of Educa-

tion, College of Education, at the University of Nevada,

Las Vegas.



Dr. Simons joined the faculty in 1972, and he rapidly

developed into one of the finer instructors in the

Department of Educational Foundations and Counseling.

Although his career at UNLV was very brief, he con-

tributed significantly to the National Air Force

Counseling Program, the competency based teacher edu-

cation project in Foundations and Counselings, the

drug education project, and received international

recognition through special projects in the counsel-

ing area.



He was an excellent instructor, a rapidly developing

scholar in his field, and worked diligently to im-

prove teacher education throughout the nation. Both

colleagues and students alike will miss him greatly.



The Regents extend their sincere sympathy to the

surviving members of his family.



Dr. Lombardi moved that the above statement be included

in the minutes and that a copy be transmitted to Dr.

Simon's family. Motion seconded by Miss Thompson, carried

without dissent.



5. Proposal for Commercial Plaza at UNLV



President Baepler recalled that in January, Regent John

Buchanan had requested a feasibility study of a commercial

plaza for the UNLV Campus. Dr. Baepler noted inclusion

with the agenda of a letter in response to this request

(identified as Ref. 4 and filed with permanent minutes),

noting also that the people who own the property on Mary-

land Parkway and Harmon have shown a tentative plot plan

involving 250 units of efficiency apartments and a series

of small and medium size shops patterned toward Campus

life.



He also discussed the status of the sports arena, noting

that one of the areas still under consideration is on the

UNLV Campus. When more information is available it will,

he said, be related to the Board. He also pointed out

that any contractual involvement by the University would

require further Board review and approval.



6. Authorization to Sell Stock



President Baepler reported that UNLV has received a gift of

400 shares of stock in Combustion Equipment Associates, Inc.

from Mr. Herbert Kaufman, with a request that the stock be

sold and the proceeds credited to the athletic scholarship

fund. He noted that the stock is currently selling for $10

a share and he requested authorization to sell the stock

and deposit the proceeds in the appropriate account in

compliance with the instructions of the donor. Chancellor

Humphrey recommended approval.



Miss Thompson moved approval. Motion seconded by Mr. Ross,

carried without dissent.



7. Approval of Fund Transfers, UNLV



President Baepler requested approval of the following

transfers of funds:



#75-061 $6080 from the Contingency Reserve to Intercol-

legiate Athletics to fund salary increases for

football coaches from 1/1 to 6/30/75 (contracts

are issued on a calendar year basis - will revert

to fiscal year basis on July 1, 1975).



#75-062 $1492 from Contingency Reserve to Physical Educa-

tion to cover salary increases for that part of

the coaches' salaries charged to Physical Educa-

tion (see above transfer).



#75-065 $5898 from the Contingency Reserve to Intercol-

legiate Athletics to provide funds for the tem-

porary contract for an athletic trainer for Women's

Athletics through June 30, 1975.



#75-075 $53,183 from Contingency Reserve to Extended Day

Supplement to provide funds for P-99 Letters of

Appointment for Spring, 1975 semester.



#75-067 $500 from Ending Fund Balance (estimative budget

account) to Intercollegiate Athletics, Professional

Salaries, to provide funds for Letter of Appoint-

ment for swimming coach.



#75-072 $2500 from Ending Fund Balance (estimative budget

account) to Intercollegiate Athletics, Out-of-

State Travel, to provide additional funds for the

balance of the fiscal year.



Chancellor Humphrey recommended approval.



Mrs. Knutsen moved approval. Motion seconded by Miss

Thompson, carried without dissent.



8. Approval of Fund Transfers, CCD



President Donnelly requested approval of the following fund

transfers:



Western Nevada Community College Contingency Reserve



$5808.52 to Learning Resources classified salaries for

one additional classified position to be assigned to

the Carson City facility.



$3939.61 to Occupational Instruction classified salaries

to provide for regularly scheduled promotions and sal-

ary increases.



Northern Nevada Community College Contingency Reserve



$27,643.03 to Part-Time Instruction to provide for

areas in Occupational and University Parallel not

covered by full-time faculty.



Chancellor Humphrey recommended approval.



Dr. Lombardi moved approval. Motion seconded by Miss

Thompson, carried without dissent.



9. Allocation from Board of Regents Special Projects Account



President Donnelly requested an allocation of $2000 from

the Board of Regents Special Projects Account to the CCD

Faculty Recruiting and Interview Fund for purposes of

recruiting new faculty for 1975-76. Chancellor Humphrey

recommended approval.



Miss Thompson moved approval. Motion seconded by Mr. Ross,

carried without dissent.



Dr. Anderson moved that funds for new faculty recruiting and

interviewing be included as a budget item in the 1977-79

budget request. Motion seconded by Miss Thompson, carried

without dissent.



Chairman Buchanan introduced Dr. Lloyd Smith, Acting President of

the Desert Research Institute, and welcomed him to his first

meeting.



10. DRI Contingency Fund



Mr. Mark Dawson, Business Manager for the Desert Research

Institute, noted that the DRI Contingency Fund may, upon

Board of Regents approval, be expended for emergency, un-

budgeted expenses and is loaned within DRI to cover ongoing

research projects until a signed research contract or grant

is received, and the fund, provided from DRI indirect cost

recovery monies, has an unobligated balance of $87,509.



A. Mr. Dawson requested an allocation of $14,828 from the

DRI Contingency Fund to the Laboratory of Atmospheric

Physics to cover nonbudgeted personnel costs related

to Dr. F. Winterberg. Acting President Smith and

Chancellor Humphrey concurred.



Mrs. Knudtsen moved approval. Motion seconded by Miss

Thompson, carried without dissent.



B. Mr. Dawson also requested $32,000 as a loan to the

Center for Water Resources Research. He noted that

the Center has received notification from the U. S.

Department of Interior that a project titled "Dynamic

Ecological Relationships in Walker Lake" has been

granted in the amount of $128,335, effective January

1, 1975. However, before formal award from the U. S.

Department of Interior can be made, this grant must

sit before Congress for 60 days. It will, therefore,

be April, 1975 before formal documentation is received.

This interfund loan will allow the research to proceed

in order that the terms of the grant be fulfilled.



Acting President Smith endorsed the request. Chancellor

Humphrey recommended approval, noting that repayment

of the funds will occur when documentation of the grant

award has been received.



Dr. Lombardi moved approval. Motion seconded by Miss

Thompson, carried without dissent.



C. Chancellor Humphrey recommended that the DRI Contingency

Reserve be supplemented by a loan of $100,000 from the

Board of Regents Special Projects Account.



Mrs. Knudtsen moved approval. Motion seconded by Dr.

Lombardi, carried without dissent.



11. Solar Energy Research and Laboratory of Desert Biology



Acting President Smith commented on the position paper on

solar energy research, as prepared by the staff of DRI and

included with the agenda as Ref. 11 (position paper on file

in Chancellor's Office). Dr. Smith also commented on dis-

cussions held with Senator Cannon who, he said, has ex-

pressed an interest in providing assistance in obtaining

grants in the area of solar energy research. Dr. Smith

stated that he, while serving as Acting President, wished

to initiate discussions within the Institute of a proposed

new Laboratory of Energy to be located in southern Nevada.



Chancellor Humphrey recommended that an appropriation of

$370,000 be sought from the Legislature for a solar energy

facility to be constructed in Clark County at a site to

be determined ($300,000 construction, $30,000 professional

services, $10,000 inspection and testing and $30,000 furni-

ture and equipment).



Mr. Ross moved approval. Motion seconded by Mrs. Knudtsen,

carried without dissent.



Dr. Humphrey further recommended that within the appropria-

tion of operating monies to DRI, sufficient monies be al-

located to further pursue solar energy research and utilize

the facility for research purposes.



Dr. Anderson moved approval. Motion seconded by Mr. Ross,

carried without dissent.



Acting President Smith and Chancellor Humphrey recommended

that a separate solution be vigorously pursued to provide

sutiable working space for the Laboratory of Desert Biology.

In making this recommendation, Dr. Smith and Dr. Humphrey

commented on several alternatives that are now under con-

sideration, one of which is the hospital at Boulder City,

and another within the Life Science building at UNLV. How-

ever, Chancellor Humphrey suggested that any action by the

Board at this point would be premature.



Miss Thompson moved to table discussion on this item until

such time as the Administration is prepared with a recom-

mendation. Motion seconded by Mrs. Knudtsen, carried with-

out dissent.



12. Report of UNLV Senate Regarding Salaries, November 6, 1974



President Baepler recalled the discussion at the January

meeting concerning the report of the System Salary Commit-

tee, at which time Mr. Charles Levinson had alleged that

recommendations from the UNLV Senate had not been forwarded

to the Board of Regents, in violation of the Code and UNLV

Bylaws. Subsequent to that meeting, Mr. Levinson had

written to members of the Board of Regents, again charging

a violation of the Code.



President Baepler noted inclusion with the agenda of a

report detailing the sequence of events leading to the

development of the 1975-77 budget request. (Sequence is

detailed in agenda filed with permanent minutes.)



Mr. Charles Levinson presented a prepared statement (copy

of which is filed with permanent minutes) in support of his

charge that a violation had occurred.



Following Mr. Levinson's statement, Chairman Buchanan re-

quested a motion to receive the report of the UNLV Salary

and Fringe Benefits Committee as submitted to the UNLV

Senate (report identified as Ref. 6B, filed with permanent

minutes).



Miss Thompson moved that the report of the UNLV Salary

and Fringe Benefits Committee be received. Motion seconded

by Dr. Anderson, carried without dissent.



Chairman Buchanan requested that the Senate review their

procedures to insure that timely transmission of salary

recommendations would occur in the future so that con-

sideration of such recommendations might be given during

the development of the budget request.



The meeting adjourned at 11:55 A.M. and reconvened at 2:05 P.M.,

following a meeting of the Investment Advisory Committee and a

meeting of the Nevada Higher Education Commission.



13. DRI Bylaws



Acting President Smith presented, with his endorsement, the

Bylaws as proposed by the DRI Senate (identified as Ref. 12

and filed with permanent minutes). Chancellor Humphrey

recommended approval.



Dr. Lombardi moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



14. Early Admission Policy, UNR



President Milam noted the inclusion with the agenda of a

report from Dr. Jack Shirley concerning the results of an

experimental program concerning early admissions authorized

by the Board in March, 1974 (report identified as Ref. 13

and filed with permanent minutes). Dr. Milam endorsed Dr.

Shirley's recommendation that the exception authorized by

the Board for UNR be continued for the Fall semester, 1975,

pending official revision of the early admission policy.

Chancellor Humphrey recommended approval.



Miss Thompson moved approval. Motion seconded by Miss

Mason, carried without dissent.



15. Proposed Legislation



President Milam endorsed a request from the College of

Education for legislation to clarify the legal status of

student teachers, to read as follows:



A school district may enter into an agreement with

a Division of the University of Nevada System for

the assignment of University students, for training

purposes as student teachers, counselors or library

trainees, or for teaching laboratory experiences.

University students so assigned within the school

district for training purposes are authorized, under

the direction and supervision of a certificated

teacher, to instruct and supervise children in the

school, on the school grounds or on authorized field

trips. The University students so assigned shall be

considered employees of the school district for pur-

poses of NRS 41.038 and NRS 41.039, while performing

such authorized duties, whether or not such duties are

performed entirely in the presence of the certificated

teacher.



Chancellor Humphrey recommended approval.



Miss Thompson moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



16. Approval of Fund Transfers, UNR



President Milam requested approval of the following fund

transfers from the Contingency Reserve:



#358 $80 to the Library to provide support for a work-

study student.



#367 $66,320 to the Physical Plant to provide for a portion

of the estimated expenditures for utilities.



#376 $500 to the Foreign Language Department to cover

operating expenditures.



#377 $700 to the Music Department to provide for expendi-

tures in the wage category.



#379 $2800 to the School of Medical Sciences to cover the

salaries for two graduate assistants.



#381 $500 to Speech and Theatre to cover work-study wages

for the Spring semester.



#388 $1446.50 to the Division of Curriculum and Instruc-

tion to cover a deficit in salary for a clerical

position.



#389 $1800 to the Division of Curriculum and Instruction

to provide support for graduate assistants during

the Spring semester.



#412 $1200 to the Vice President for Academic Affairs to

cover operating expenditures for the balance of the

fiscal year.



#413 $2000 to the Physical Plant to provide for the re-

modeling of an area for the Art Department's dark-

room.



Chancellor Humphrey recommended approval.



Miss Thompson moved approval. Motion seconded by Dr.

Lombardi, carried without dissent.



17. Revisions of Estimative Budgets, UNR



President Milam requested approval of the following re-

visions to Estimative Budgets for 1974-75:



The School of Home Economics requests this revision to cover

additional graduate assistants and a part-time student.

This account is funded by ASUN.



Child Care Center - ASUN



Current Revision Revised

Budget Requested Budget

Source of Funds

ASUN $ 9,165 $ 2,753 $11,918

Total $ 9,165 $ 2,753 $11,918



Application of Funds

Graduate Salaries $ 8,700 $ 2,900 $11,600

Student Wages 200 200

Fringe Benefits 465 347- 118

Total $ 9,165 $ 2,753 $11,918



Student Services requests this revision because of an in-

creased workload, resulting in necessary adjustments in

revenue and expenditures.



Testing Program Sales



Current Revision Revised

Budget Requested Budget

Source of Funds

From Opening Balance $ 1,000 $ 1,390 $ 2,390

Interdepartmental Sales 300 300

Outside Sales 1,900 1,600 3,500

Total $ 2,900 $ 3,290 $ 6,190



Application of Funds

Wages $ 600 $ 600 $ 1,200

Fringe Benefits 50 60 110

Out-of-State Travel 530 370 900

Operating 1,720 1,460 3,180

Equipment 300 300

Reserve for Contingency 500 500

Total $ 2,900 $ 3,290 $ 6,190



The Mackay School of Mines requests this revision to cover

additional operating and travel expenses. The actual

opening balance will provide the needed funding.



MSM Research, Emergency and Contingency



Current Revision Revised

Budget Requested Budget

Source of Funds

From Opening Balance $ 1,256 $ 9,526 $10,782

Indirect Cost Recovery 4,500 4,500

Total $ 5,756 $ 9,526 $15,282



Application of Funds

Out-of-State Travel $ 2,500 $ 2,000 $ 4,500

Operating 3,000 7,000 10,000

Reserve for Contingency 256 526 782

Total $ 5,756 $ 9,526 $15,282



Chancellor Humphrey recommended approval.



Miss Thompson moved approval. Motion seconded by Mrs. Fong,

carried without dissent.



18. Faculty Interview Fund Allocation



President Milam requested $12,900 for interview purposes in

employment of new faculty. He estimated that there will be

43 vacant positions and that an average of $300 per position

would be necessary.



Chancellor Humphrey recommended that $5000 be allocated from

the Board of Regents Special Projects Account and that $7900

be transferred from the Donald and Laura Warren Gift Fund

(an unrestricted fund available to UNR which has a present

balance of $11,724).



Mrs. Fong moved approval. Motion seconded by Mrs. Knudtsen,

carried without dissent.



19. Rev. Kohn's Proposals of March, 1974



Chairman Buchanan requested Ref. Kohn to comment concerning

his proposals of March, 1974, which had been referred to

the Faculty Senates. Responses from the Campuses had been

distributed earlier.



Following the discussion, it was again noted that a System

Committee on Standards is presently exploring admission

standards and policies and a report from that Committee is

anticipated shortly.



20. Collective Bargaining



Chancellor Humphrey recalled that proposed Resolution No.

74-2 was discussed at the December, 1974 meeting and again

in January, 1975. At the January meeting, the Board re-

quested the Administration to meet with Senate Chair-

persons and with representatives of interested employee

organizations in an effort to develop alternatives for con-

sideration by the Board. Following a procedure discussed

ahead of time with the Senate Chairpersons, Dr. Humphrey

reported that the officers, legal counsel, UNS employment

relations consultant, the 7 Senate Chairpersons, 3 repre-

sentatives of National Society of Professors (NEA), 2

representatives of the American Association of University

Professors, and 2 representatives of graduate assistants

had met on February 5 for over 7 hours. Chancellor

Humphrey noted that NSP, AAUP and AFT had all been invited

to send not more than 3 representatives.



Dr. Humphrey stated that at the meeting on February 5,

Resolution No. 74-2 was reviewed and where there was con-

sensus reached changes were made. Where alternatives were

suggested, but consensus was not reached, the alternatives

were identified. A revised document was included with the

agenda, showing both the agreed-upon changes and the sug-

gested alternatives.



Chancellor Humphrey pointed out that the Senate Chairpersons

and association representatives had emphasized that by par-

ticipating in the meeting they were not to be interpreted

as favoring adoption of Resolution 74-2.



Also included in the agenda materials concerning this item

was a copy of SB 499, as introduced in 1973, which Dr.

Glen Atkinson, President of the UNR Chapter of NSP, had

requested to be submitted as a substitute for Resolution

74-2, with SB 499 to be used as a base working document

which the Board of Regents would adopt as a resolution.

Dr. Atkinson had also requested that SB 499 be amended to

include graduate assistants and graduate fellows.



A stipulation by Dr. Felicia Campbell, President of the

UNLV Chapter of NSP, was also presented in the agenda,

wherein Dr. Campbell expressed support of the spirit and

content of SB 499, but stated that NSP would not bargain

away any right to go to the Legislature at any time if

they did not agree with the action taken by the Board at

its February meeting.



Also included in the agenda was a concern expressed by Dr.

Patrick Beaulieu, Chairman of the UNR Faculty Senate, that

because SB 499 as written contained no election procedure

and no provision for ratification of a contract, he could

not endorse its adoption.



An additional alternative was submitted by Dr. Gerald

Peterson, Chairman of the UNR Chapter of AAUP, recommend-

ing the abandonment of all discussion of collective bar-

gaining and initiation of discussion leading to strengthen-

ing the Faculty Senates. This alternative was endorsed by

Dr. John Lindberg, Chairman of the UNLV Chapter of AAUP.



The following persons made statements concerning collective

bargaining (where statements were presented in written form,

they are on file in the Chancellor's Office):



Wendell Newman, NSEA/NSP

Edmond Psaltis, NSEA/NSP

Larry Tomlinson, CCCC Faculty Senate

Joe Doser, WNCC Faculty Senate

Patrick Beaulieu, UNR Faculty Senate

Gerald Petersen, UNR Chapter of AAUP

Patricia Harris, DRI Faculty Senate

Delia Martinez, Unit Faculty Senate

John Lindberg, UNLV Chapter of AAUP

Felicia Campbell, UNLV Chapter of NSP

Keith Tierney, UNR Graduate Student Association



Chairman Buchanan requested that Resolution No. 74-2, as

amended in the meeting of February 5, be considered and

that discussion be confined to that document. It was

agreed that each alternate would be discussed and action

taken before proceeding to the next alternate.



Alternate #1 (proposed by UNLV Senate Chairman) to delete

graduate assistants and graduate fellows from Section

17.1. Chancellor Humphrey recommended against the alter-

nate. The proposed alternate was withdrawn by Dr. Mc

Cullough.



Mr. Ross moved that graduate assistants and graduate fellows

not be included in the regulations. Motion seconded by Dr.

Anderson, failed by the following roll call vote:



No - Dr. Anderson, Mr. John Buchanan, Mrs. Fong,

Mrs. Knudtsen, Dr. Lombardi, Miss Mason, Mr.

Ross, Miss Thompson

Abstain - Mr. James Buchanan



Alternate #2 proposed deletion of the phrase "who is not

a member of the organization" from Section 17.2. Chan-

cellor Humphrey recommended that Section 17.2 be deleted

and that the provisions of that section be the subject of

contract negotiations.



Mrs. Knudtsen moved deletion of Section 17.2. Motion

seconded by Mr. Buchanan, carried without dissent.



Alternate #3 proposed addition of the words "if any" to

the requirement that a copy of articles of incorporation

and a copy of the Bylaws be submitted (Section 18.1(a) and

(b)). Chancellor Humphrey explained that the reason for

requiring such documents is to prove that the organization

is incorporated and therefore answerable for its actions.

He recommended against the proposed alternate.



Dr. Anderson moved that alternate #3 not be accepted. Mo-

tion seconded by Mrs. Fong, carried without dissent.



Alternate #4 proposed that the percentage required in

Section 18.1(e) be lowered from 35% to 30%. Chancellor

Humphrey recommended approval.



Mr. Ross moved approval. Motion seconded by Dr. Lombardi,

carried without dissent.



Alternate #5 and alternate #6 proposed to replace the word

"voting" with the words "eligible employees within the

unit." in Sections 20 and 21.



The alternate proposed by the Unit Senate was withdrawn by

Miss Martinez. UNR Faculty Senate Chairman requested con-

sideration. Chancellor Humphrey recommended against the

proposal in alternates #5 and #6.



Mrs. Knudtsen moved that alternates #5 and #6 not be ac-

cepted. Motion seconded by Mr. Ross, carried without dis-

sent.



Alternate #7 proposed that in the ballot provided for in

Section 21.1, a provision be included for the designation

of "No agent". Chancellor Humphrey recommended approval.



Miss Thompson moved approval of alternate #7. Motion

seconded by Mrs. Fong, carried without dissent.



Alternate #8 proposed that an election for decertification

would be triggered upon petition of 30% of the employees

in the bargaining unit. Chancellor Humphrey recommended

the following wording to replace Section 22:



Except during the calendar year specified in Section 21

of this chapter, the University may withdraw recogni-

tion of an employee organization if the subject organi-

zation no longer has the support of a majority of the

eligible employees of the employee unit represented.



a. Employees seeking to decertify a recognized employee

organization must submit notice of intent to de-

certify in writing to the Chancellor and the em-

ployee organization and include signed evidence of

intent to decertify from no less than 30% of the

eligibile employees in the unit represented by the

recognized employee organization.



b. Upon verification by the Chancellor that the above

requirements have been met, an election shall be

scheduled in a manner consistent with the procedures

specified for elections in Section 19 of these regu-

lations.



Mrs. Fong moved approval of the Chancellor's recommendation.

Motion seconded by Miss Mason, carried without dissent.



Alternate #9 proposed several different methods for composi-

tion of bargaining units. Chancellor Humphrey recommended

that there be 4 units: (1) UNLV/UNR/Service and Special

Units; (2) DRI; (3) CCD; and (4) Graduate Assistants

and Graduate Fellows.



Miss Thompson moved that the following 5 units be provided:

(1) UNR/UNLV; (2) Special and Service Units; (3) DRI;

(4) CCD; and (5) Graduate Assistants and Graduate Fellows.

Motion seconded by Mr. Ross, carried by the following roll

call vote:



Yes - Dr. Anderson, Mr. John Buchanan, Dr. Lombardi,

Mr. Ross, Miss Thompson

No - Mrs. Fong, Mrs. Knudtsen, Miss Mason

Abstain - Mr. James Buchanan



Alternate #10 proposed that a provision be made for repre-

sentation of part-time faculty. Proposal was withdrawn.



Dr. Anderson moved that a part-time faculty not be included

in a bargaining unity. Motion seconded by Dr. Lombardi,

carried without dissent.



Alternate #11 proposed several methods for the resolution

of whether or not Department Chairmen would be included in

the bargaining unit or as part of management. Chancellor

Humphrey recommended the following wording for Section

23.3:



A member of a negotiating unit shall not be a super-

visor of persons who are members of the same negotiat-

ing unit. If a majority of the Department Chairmen in

a College specify that they wish to be included in the

negotiating unit, Department Chairmen in that College

shall be included in the negotiating unit. Department

Chairmen will notify the Dean of the College of their

preference as to inclusion or exclusion from the

negotiating unit at least 10 calendar days prior to any

election specified in Section 19 of these regulations.



Mr. Ross moved that all Department Chairmen be exluded from

the negotiating unit. Motion seconded by Mr. John Buchanan,

failed by the following roll call vote:



No - Dr. Anderson, Mr. James Buchanan, Mrs. Knudtsen,

Miss Mason, Miss Thompson

Yes - Mr. John Buchanan, Mrs. Fong, Dr. Lombardi,

Mr. Ross



Miss Thompson moved approval of the Chancellor's recommenda-

tion. Motion seconded by Mrs. Knudtsen, failed by the fol-

lowing roll call vote:



No - Dr. Anderson, Mr. John Buchanan, Mrs. Fong,

Miss Mason, Mr. Ross

Yes - Mrs. Knudtsen, Dr. Lombardi, Miss Thompson

Abstain - Mr. James Buchanan



Miss Mason moved that all Department Chairmen be included

in the negotiating unit. Motion seconded by Dr. Anderson.

Motion was then withdrawn.



Mr. Ross moved for reconsideration of the motion to approve

the Chancellor's recommendation. Motion to reconsider

seconded by Miss Mason, carried without dissent.



Miss Thompson restated her earlier motion to approve the

Chancellor's recommendation. Motion seconded by Mrs.

Knudtsen, carried without dissent.



Alternate #12 proposed that in the event there is a charge

that good faith is not being evidenced the matter be re-

ferred to an outside agency. Chancellor Humphrey recom-

mended against this alternate, noting that such challenges

should go to State District Court.



Dr. Anderson moved that alternate #12 not be accepted.

Motion seconded by Mr. Ross, carried without dissent.



Alternate #13 contained several proposals concerning the

scope of bargaining. Chancellor Humphrey recommended that

Section 28.1 be revised to read:



Negotiations under this chapter shall be concerned

with compensation, hours, and conditions of employ-

ment, and the contract shall replace the Division

Bylaws and the University Code as applicable to the

bargaining unit.



Section 28.2 and Section 29 would then be deleted.



Mrs. Knudtsen moved approval of the alternate for Section

28.1 as proposed by Chancellor Humphrey. Motion seconded

by Mrs. Fong, carried with Mr. Ross opposing.



Alternate #14 applied to Section 29, which was deleted by

the foregoing action.



Alternate #15 proposed that the last line of Section 32.1

be amended by deleting the word "not" to make the sentence

read: "These findings and recommendations are binding on

the parties." Request was made to withdraw alternate #15.



Miss Mason moved that alternate #15 be withdrawn from con-

sideration. Motion seconded by Mrs. Knudsen, carried

without dissent.



Alternate #16 proposed that all costs of factfinding be

paid by the University. Request was made that alternate

#16 be withdrawn.



Dr. Anderson moved that alternate #16 be withdrawn from

consideration. Motion seconded by Mrs. Knudtsen, carried

without dissent.



Alternate #17 proposed that the words "and institutions"

be deleted from Section 33.1(d).



Dr. Anderson moved acceptance of alternate #17. Motion

seconded by Mrs. Knudtsen, carried without dissent.



Alternate #18 proposed that compulsory binding arbitration

be provided in Section 34. Chancellor Humphrey recommend-

ed against this proposal.



Dr. Anderson moved that alternate #18 not be accepted.

Motion seconded by Mr. Ross, carried with Miss Mason oppos-

ing.



Alternate #19 proposed the inclusion of provision that

would protect the union against a "wildcat strike" (i.

e., unauthorized and disapproved by union). Chancellor

Humphrey recommended the following wording be added to

Section 38:



4. In the case of any strike, slowdown, or other

suspension of work not authorized by the employee or-

ganization, its officers or agents, the Board of Re-

gents declares that such violation shall not cause

the employee organization, its officers or agents, to

be liable for damages; provided the employee organiza-

tion complies fully with the following:



(a) The employee organization's obligation to take

action shall commence immediately upon receipt

of notice from the Chancellor that a violation

has occurred.



(b) Immediately upon receipt of such notice the

responsible employee organization representative

shall immediately notify in writing those employ-

ees responsible for or participating in such vio-

lation, and also talk with those same employees,

stating to them that:



(1) their action is in violation of these regu-

lations, subjecting them to discharge or

discipline;



(2) the employee organization will not oppose

their discharge or discipline;



(3) the employee organization has not authorized

the strike, slowdown, or suspension of work

and does not approve or condone it;



(4) the employee organization instructs the em-

ployees to immediately return to work.



Mr. Ross moved approval of the addition to Section 38 as

recommended by the Chancellor. Motion seconded by Mrs.

Fong, carried without dissent.



Alternate #20 proposed that a provision be included to

specify that any suspension, as provided in Section 39,

shall be in conformity with due process as specified in

the contract. Chancellor Humphrey recommended that Section

39 be amended to read as follows:



If a strike occurs in violation of this chapter, the

University shall immediately suspend from its payroll

all participating employees. Such suspension shall

be in conformity with due process. Such payroll mon-

eys shall not be recoverable by the employees involved

but shall revert to the governmental fund or accounts

from which they are derived.



Mr. Ross moved approval of the alternate wording for Section

39 as proposed by the Chancellor. Motion seconded by Mrs.

Knudtsen, carried without dissent.



At the Chairman's initiation, closing comments opposing the

adoption of Resolution 74-2 were made by faculty representa-

tives and by representatives from NSP and AAUP. The Chair-

man then declared the discussion closed and requested the

Chancellor's recommendation.



Chancellor Humphrey recommended that:



(1) Resolution No. 74-2, as amended by the foregoing

action of the Board, be adopted, effective im-

mediately;



(2) The Board specify that the UNS Code and Division

Bylaws, where adopted, will remain in effect until

a contract is negotiated and ratified and that, if

a Division or bargaining unit elects not to bar-

gain, the Code and Bylaws will continue in effect;

and



(3) The Administration be instructed to request the

Legislature not to pass legislation which would

have as its purpose the countermand of this

resolution.



Miss Thompson moved adoption of Resolution No. 74-2, as

amended. Motion seconded by Mr. Ross, carried by the

following roll call vote:



Yes - Dr. Anderson, Mr. James Buchanan, Mr. John

Buchanan, Mrs. Knudtsen, Dr. Lombardi, Mr.

Ross, Miss Thompson

No - Mrs. Fong, Miss Mason



Dr. Anderson moved approval of the Chancellor's recommenda-

tion as contained in (2) and (3) above. Motion seconded

by Mr. John Buchanan, carried with Miss Mason opposing.



The meeting adjourned at 6:25 P.M. and reconvened on Saturday,

February 22, at 9:25 A.M., with all Regents and officers again

present.



21. UNR Summer Session Student Activity Fee



President Milam noted that the present Summer Session stu-

dent activity fee is $2 for students registered for 1 or 2

credits and $3 for those registered for 3 or more credits

per term. In order to utilize the new Recreation building

during the Summer and increase the recreation opportunities

for Summer students, part-time recreational staff (life-

guards, equipment personnel, gym supervisors) will have to

be employed. Dr. Milam recommended that in order to meet

the increased costs, the fee be increased 50 cents, making

it $2.50 and $3.50, effective Summer Session, 1975. Chan-

cellor Humphrey concurred.



Dr. Lombardi moved approval. Motion seconded by Miss

Mason, carried without dissent.



22. Contract with Wright State University



President Milam reported that a proposed contract between

the Board of Regents and the State University is under re-

view at UNR. The contract would provide for the placement

for up to 12 UNR students in Wright State's Medical School

following completion of the first 2 years at UNR. Chan-

cellor Humphrey recommended that the Board authorize nego-

tiations with Wright State for the placement of such stu-

dents.



Dr. Anderson moved that the Administration be authorized

to negotiate with Wright State, in consultation with

Counsel, as indicated above. Motion seconded by Dr.

Lombardi, carried without dissent.



23. Report of Investment Advisory Committee



Dr. Lombardi, Chairman of the Investment Advisory Committee,

presented the minutes of the Committee's meeting of January

24, 1975 (minutes identified as Ref. 21 and filed with

permanent minutes).



24. Amendment to University Code



Chancellor Humphrey noted the inclusion with the agenda of

a proposed amendment to the UNS Code, as proposed by the DRI

Senate. He noted that appropriate procedures for amendment

of the Code have been followed; however, since the proposed

amendment concerns DRI professional staff, he recommended

that an additional money be allowed to permit review by

Acting President Smith. Action on this proposed amendment

could then be scheduled for March.



Mrs. Knudtsen moved that action on this item be tabled

until the March meeiting. Motion seconded by Miss Mason,

carried without dissent.



25. System Affirmative Action Program



Chancellor Humphrey reviewed the sequence of events lead-

ing to the placement on this agenda for action of a proposed

Policy Statement and Affirmative Action Program for the Uni-

versity of Nevada System. He noted that this policy had

been first submitted to the Board for consideration in May

1974. At the time of its first submission, the Board was

requested to direct that the proposed policy statement be

referred to the Divisions for review, with action to be

requested when that review had been completed. At the

request of the UNLV Senate Chairperson, in a letter dated

May 29, 1974, this matter was deferred until the October,

1974 meeting. In October, 1974, having received no further

comments concerning the proposed policy, the statement was

placed on the Board's agenda for action. It was not ap-

proved at that meeting; rather, the Board directed that it

be returned to the December meeting with a specific treat-

ment from Counsel. Subsequent to the October meeting,

the policy statement was revised to include specific recom-

mendations of Counsel. It was then placed on the December

agenda for discussion, with a recommendation that action

be postponed until January to allow the Senates and the

Administration additional time for review. Because of

time constraints, this matter was not discussed in December

and was again included on the January Information Agenda to

give notice that action would be requested in February.



Chancellor Humphrey recommended adoption of the policy

statement as submitted (identified as Ref. 23 and filed

with permanent minutes).



Dr. Beaulieu, UNR Faculty Senate Chairman, stated that the

UNR Compliance Committee had, the previous Thursday, made

certain recommendations for revisions to the policy state-

ment, and the Faculty Senate had endorsed those recommenda-

tions and directed that they be submitted to the Board of

Regents for consideration. (The recommendations for revi-

sion were distributed and are filed with permanent minutes.)



Following discussion of each of the revisions proposed,

Dr. Anderson moved to amend Section IX as follows:



Complaints of discrimination or noncompliance with

Equal Opportunity in Employment and Affirmative

Action must be filed in writing with the appropriate

Equal Opportunity Officer by the employee. Each Divi-

sion shall institute procedures which shall be uniform

Systemwide for resolution of such complaints.



Motion seconded by Miss Mason, carried without dissent.



Miss Mason moved approval of the affirmative action policy

statement as amended. Motion seconded by Mrs. Fong, car-

ried without dissent.



Mrs. Fong requested that, in view of the adoption of the

Affirmative Action Policy, some attention be paid to the

curriculum and the textbooks which she suggested are dis-

criminatory, citing a textbook used at UNLV on the history

of Nevada, which, she said, contained no reference to the

Basques and their contribution to Nevada history, and only

one line concerning the contribution by the Chinese.



26. Report of System Committee on Health and Accident Insurance



Chancellor Humphrey recalled that at the January meeting

the Board received a report from Mr. Thomas W. Spear, Chair-

man of the System ad hoc Committee to Review Employee Health

and Accident Insurance. In addition to the written report

which was submitted, Mr. Spear stated that the principal

recommendation of the Committee was that the University

should request that it be allowed to have its own separate

health and accident insurance program.



Dr. Humphrey noted that NRS 287.044 provides that a $21.49

premium pr employee may be paid monthly for 1973-74 and

$23.64 for 1974-75. It also provides that the payment may

be paid only if "the committee on group insurance approves

the plan." To comply with the ad hoc Committee's request

would require either the permission of the "committee on

group insurance" or a change in the law.



Chancellor Humphrey recommended that the Board authorize

the Administration to seek a change in the law which will

enable the University to have a separate health insurance

plan for University employees and to pay the same premium

on behalf of those employees as the Legislature authorizes

for all other employees. He further recommended that the

balance of the ad hoc Committee's recommendation be taken

under consideration until this issue is settled.



Mr. Ross moved approval of the Chancellor's recommendation.

Motion seconded by Mrs. Fong, carried without dissent.



27. System Salary and Fringe Benefits Committee



Chancellor Humphrey recalled that in January the Board re-

viewed the Committee's report as presented by Dr. Bernard

Malamud. The report recommended a 21% increase in com-

pensation for 1975-76 and establishment of an automatic

cost-of-living adjustment. Chancellor Humphrey recommended

that the Board of Regents take the report under considera-

tion until the 1975-77 appropriation is known.



Dr. Lombardi moved approval. Motion seconded by Dr.

Anderson, carried without dissent.



28. UNLV Campus Improvements



President Baepler reported that bids were opened recently

by the State Public Works Board for construction at UNLV

to provide storm drainage on the Campus. Results of the

bids were included in a memorandum from Harry Wood (identi-

fied as Ref. 30 and filed with permanent minutes), and

contained a request from the State Public Works Board

that the Board of Regents concur in the award of a con-

struction contract in the amount of $350,043.49 to Tab

Construction, Inc. President Baepler and Chancellor

Humphrey recommended approval.



Mrs. Fong moved approval. Motion seconded by Miss Mason,

carried without dissent.



29. Request for Right-of-Way



President Baepler reported that Clark County has requested

that the Board of Regents deed to the County a right-of-way

consisting of a strip of land 10 feet wide, directly adja-

cent to and east of the existing right-of-way for Swenson

Avenue, to be used as a bicycle path. Development of the

bicycle path will be done at no cost to the University.

President Baepler and Chancellor Humphrey recommended

approval.



Mrs. Fong moved approval. Motion seconded by Mrs.

Knudtsen, carried without dissent.



30. Northern Nevada Community College Building



President Donnelly recalled that in January the Board had

requested information be developed concerning the possi-

bility of constructing screens around the roof-mounted

air-conditioning units at NNCC. A report from the project

architect, Hewitt Wells, and University architect, Harry

Wood, was included with the agenda (identified as Ref. 32

and filed with permanent minutes). President Donnelly

recommended that the screens not be constructed. Chan-

cellor Humphrey concurred.



Mrs. Knudtsen moved to table this matter until a report

is available from North Nevada Community College Advisory

Board. Motion seconded by Dr. Anderson, carried without

dissent.



31. DRI Contingency Fund



Chancellor Humphrey recommended that $15,621 be trans-

ferred from the DRI Contingency Fund to the President's

Office Operating Account for the payment of salary and

fringe benefits and travel expenses related to the Acting

President.



Dr. Lombardi moved approval. Motion seconded by Dr.

Anderson, carried without dissent.



32. Pending Legislation



Chancellor Humphrey reported that AB 226 establishes the

Governor's Office of Planning Coordinator as a State

clearing house for all Federal grants. It would require

that a State agency or local government, which makes ap-

plication for a Federal grant, must first submit a copy

of the application to the State clearing house. It pro-

vides that the form and procedure for submission shall be

determined by the State clearing house and "shall generally

conform with the requirements for administering OMB Circu-

lar A-95 of the United State Office of Management and Budg-

et." It further provides that the State clearing house has

power to approve the application if it determines the ap-

plication is for an activity in conformity with the policies

and plans established by the Governor and the Legislature.

There is no appeal from the decision by the Planning Co-

ordinator.



Dr. Humphrey stated that it was originally assumed that

this bill would not apply to the University since OMB Cir-

cular A-95 is interpreted as not applying to the Univer-

sity. However, it has been determined that it is the

intention of the Planning Coordinator, Mr. Bruce Arkell,

that his bill apply to the University and that he have

control of the University's ability to apply for Federal

grants.



Chancellor Humphrey requested, and the Presidents con-

curred, that the Board authorize the Administration to

respectfully request the Governor to reconsider support

of this legislation.



Dr. Anderson moved approval of the officers' request

that the Board authorize the Administration to respect-

fully request the Governor to reconsider support of

this legislation.



33. Food Price Increase, UNR



President Milam presented with his endorsement, a recom-

mendation from Vice President Pine for an increase in

food prices in the dining commons, UNR, effective March

1, 1975, as follows:



(1) Cash sale prices be increased 5%.



(2) Sugar-related items such as soft drinks and pastries

be increased 10%.



(3) Meal contracts and cash sales be increased as follows:



Current Proposed

Contract Daily Contract Student Contract Student

Rate Price Fee Price Fee



20 meal plan $2.73 $2.95 $2.87 $3.13

15 meal plan 2.81 3.00 2.95 3.22

10 meal plan 2.53 2.75 2.66 2.90



Cash Sales Current Proposed



Breakfast $1.10 $1.20

Lunch 1.45 1.55

Dinner 2.00 2.15

Steak Dinner 3.05 3.25



Chancellor Humphrey recommended approval of the increase

in cash sale prices, effective immediately, and the in-

crease in the contract rate for only those contracts is-

sued subsequent to March 1, 1975.



Miss Mason moved approval. Motion seconded by Mrs. Fong,

carried with John Buchanan and Mrs. Knudtsen opposing.



34. Addition to Getchell Library Budget



Vice President Pine reported that notification had been

received on February 12, 1975 that UNR has received a

Title I grant from the Department of Health, Education

and Welfare in the amount of $117,272.



He requested that the budget for the addition to Getchell

Library be increased by that amount, for a total project

budget of $3,742,272. Other funds are available from

HECC, $3,075,000 and University funds, $550,000. President

Milam and Chancellor Humphrey recommended approval.



Mr. Ross moved approval. Motion seconded by Dr. Lombardi,

carried without dissent.



35. Chancellor's Report



Chancellor Humphrey reported on the status of the Univer-

sity's legislative program, noting that presentations on

the University's Operating Budget request, and the Capital

Improvement Program request have been made to Ways and Means

and to Senate Finance. Additional presentations have been

made to both Education Committees on the Comprehensive Plan.

Dr. Humphrey also commented that legislation is slow coming

from the bill drafter.



36. New Business



A. Miss Mason requested a report reflecting a statistical

breakdown of the number of women employees, men em-

ployees, number of minorities, handicapped persons,

positions in which they are employed (i. e., adminis-

trative or teaching), and whether they are employed

on hard or soft money.



B. Miss Mason also requested a status report on the

feasibility study she had requested at the January

meeting concerning a multiracial center within the

College of Education, UNLV.



C. Mrs. Fong requested that ideas be solicited from

faculty and staff for methods by which cost savings

might be effected.



D. Mr. John Buchanan suggested that a letter be sent to

the UNLV basketball team on behalf of the Board of

Regents, congratulating them on their winning the WCAC

Conference Championship. Chairman Buchanan agreed that

he would do so on behalf of the Board.



37. Land Development Foundations



Chairman Buchanan requested the Chancellor to prepare

letters terminating the present members of both the UNR

and UNLV Land Development Foundation and that considera-

tion be given by the Board to reappointing some of the

existing Board members and appointment of new members.

It was agreed that it would be appropriate for the Board

of Regents to first receive reports concerning the activi-

ties of both boards, next meeting in Reno in March, and

the report from the UNR Foundation at the next meeting in

Reno in March, and the report from the UNLV Foundation at

the next meeting in Las Vegas in April. After such reports

have been received, consideration would then be given to

the membership. It was further agreed that a copy of the

Bylaws would be provided to each of the Regents for review

prior to the next meeting.



38. UNR Residence Hall Report



President Milam distributed a preliminary report concern-

ing the repairs and modifications to the UNR residence

halls. It was agreed that a further report would be sub-

mitted to the meeting in March.



The action agenda was completed and the information agenda sub-

mitted. The information agenda contained the following items

and is on file in the Chancellor's Office:



(1) Report of Foreign Travel

(2) Report of Purchases in Excess of $8000

(3) Report of Fund Transfers

(4) Progress Report of University Projects



The meeting adjourned at 11:07 A.M.



Mrs. Bonnie Smotony

Secretary

02-21-1975