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