PHILADELPHIA (KYW Newsradio) — A pair of competing class-action lawsuits has been filed on behalf of staff and faculty at the University of the Arts against the university for its failure to give sufficient advance notification that they would lose their jobs.
The lawsuits, filed just hours apart in federal court, might be seen as the first of a series of legal actions from employees, students, contractors and government officials scrambling now to get a foothold in the wake of chaos left by the nearly 150-year-old institution’s abrupt announcement of imminent closure.
The first, from a firm based in Newtown, Bucks County, which specializes in employer misconduct, came Tuesday from Eric Lechtzin, managing partner at Edelson Lechtzin LLP.
On Wednesday, United Academics of Philadelphia, the citywide higher education union representing UArts faculty and staff, announced a similar suit, filed by UArts alumnus Ryan A. Hancock of Willig, Williams, Davidson LLP of Philadelphia. Attorneys with the firm could not be reached Wednesday evening.
It is not clear if either of the two suits will be granted class-action status or who will lead the prosecution against the university.
Both suits center on the Worker Adjustment and Retraining Notification (WARN) Act, a federal law that requires employers to alert staff of any plans for mass layoffs due to closure no fewer than 60 days in advance.
It was just last Friday that UArts, citing low enrollment and financial troubles, announced they would close their doors permanently on June 7.
“Employees have the right to know in advance of the closure of a business that employs more than 100 people,” Lechtzin said.
He says the abruptness of the decision, and the lack of adequate communication about it, from university administrators, has taken a toll on his clients.
“Many, I would describe them as just being in shock.”
In addition, UAP has filed an unfair labor practice charge with the National Labor Relations Board over the failure of UArts to engage the union in legally required impact bargaining.
“When you close a work site like this, you have to bargain around the closure. They’ve canceled those sessions. We’ve had complete radio silence on getting those sessions going again,” said Bradley Philbert, an adjunct faculty member at UArts and UAP’s executive vice president.
Lechtzin says the employees he has spoken to say they have been left in the dark regarding a number of important issues — and faculty and staff are left even worse off than students who need to transfer.
“They don’t know when they’re going to receive their final paycheck. They don’t know when their medical benefits are going to terminate. They don’t know how long they’re going to have access to their university emails,” Lechtzin said.
“It really couldn’t have come at a worse time for academic faculty. At this point, colleges and universities, they’ve made their hiring decisions for the fall.”
The union also addressed rumors of a potential merger with Temple University, saying they have informed Temple's Board of Trustees Chair, Mitchell Morgan, that they would enforce their UArts faculty collective bargaining agreement in the event of a sale, transfer or merger.
Students are also outraged, demonstrating in front of Hamilton Hall on South Broad Street and other campus offices and buildings, seeking accountability from administrators and answers to their questions about their academic futures.
Temple University, Drexel University, Moore College of Art and Design, Muhlenberg College and West Chester University have all offered transfer opportunities for displaced UArts students.