Wednesday will be
sunny with a high in the
upper 50s. Today will
also be sunny with a
high in the upper 60s to
low 70s and .an
overnight low in the
In the wee hours of the
morning the Society of
JANUS today inducted
42 new members. For
details, turn to page 2.
Serving the students and the University community since 1893
Volume No. 84, Issue No. 126
Tuesday, April 5, 1977, Chapel Hill, North Carolina
Please call us: 933-0245
( A tit IT
17 I 111 II i 1
By MARK ANDREWS
Chapel Hill Transportion Department employees expressed
dissatisfaction over management policies in an open letter to town
The letter, signed by 41 department employees, listed layoff policy
as the chief grievance with town management. It complained that
some transportation employees are being denied seniority rights by
being laid off during the summer while others who have been on the
job less time are retained.
There are 48 drivers in the town bus system. Twelve drivers will be
laid off May 13 for the summer season with the positions reopening
three months later.
Otis Stroud, the drivers representative to the Amalgamated
Transit Union, urged a complete return to the seniority system.
Otherwise, there would be no job security, and "little things" could be
held against the driver in employment decisions, he said.
Transportation Director John Bartosiewicz maintained that full
time employees will be given first consideration for summer
employment. After that, he added, performance carries more weight
than seniority in deciding whctays.
"Town policy does not allbw layoffs strictly on the basis of
seniority," he said.
Stroud insisted that management cannot always adequately judge
an employee in six months, yet he said some bus drivers who have
been on the job a couple of years are being laid off in favor of those
who have been on the job considerably less time.
A worker may behave like a perfect gentleman for six months and
then reveal his true nature, Stroud explained. If problems exist with a
longer-term employee, he continued, uhe should be given a chance to
straighten up his work record."
The letter maintained that the layoff policy had been manipulated
by management in order to retain and lay off whichever workers suit
their purposes. It insisted that laying off an employee only because he
was five minutes late for work one morning is unfair.
Bartosiewicz defended the merit system and said that while
excused absences are not held against the employee, unexcused
absences are considered in deciding which drivers to lay off.
Bartosiewicz said that no full-time drivers would be laid off during
the summer. He added that those drivers who are laid off probably
would be rehired in August.
Please turn to page 2.
O 5.-- .
f re trad law
It was raw, wet and chilly Monday afternoon
when staff photographer Bill Russ took this
sunset picture. And yet, and yet . . . students
are in the last month of classes, the major league
Staff photo by Bill Russ
baseball season , starts this week and the
dogwoods are blossoming; surely, it must be
By MERTON VANCE
The success of the UNC basketball team
this season prompted five UNC students to
form a partnership to print and sell a bumper
sticker which reads "Dr. OK: Mike
CKoren," saluting the freshman forward on
But when they tried to market the bumper
sticker, they ran afoul of a National
Collegiate Athletic Association (NCAA)
rule which prohibits the sale of any bumper
stickers, posters or similar memorabilia
which bear the name or picture of a student
athlete at an NCAA school.
The five . students Jay Tannen, Vann
Vogel, Robert Fentress, Dan Deitz and
Keith ' Morgan printed 2,500 bumper
stickers and sold them on commission to
several stores in the area.
They tried to sell some of them to the UNC
Student Store, but store manager Tom
Shetley said he wanted to check with the
NCAA to see if the sticker violated the rule.
In a letter to Shetley, NCAA Assistant
Executive Director Warren S. Brown said it
did violate the rule, and Shetley declined to
sell the sticker.
The stickers still were sold in off-campus
stores, but all of the approximately 1,000
unsold bumper stickers have now been
removed from the shelves, Tannen said.
The members of the partnership have
serious doubts about the ability of the
JSCAA to enforce the rule.
The controversy centers on a part of the
NCAA constitution which reads:
"Subsequent to becoming a student
athlete. . .an individual shall not accept any
remuneration for or permit the use of his
name or picture ' to directly advertise.
Discussion continues on budget request
UNC President Friday to push for additional money
By TONY GUNN
' Staff Writer
UNC President William C. Friday will continue to
push for more money in the 1977-79 UNC system
budget today at a hearing of the joint appropriations
committee on higher education.
The discussion will center on the system
supplementary budget request, which totals $142
They'll start looking at it to see if anything needs
taking out," Friday says.
"Of course, we're going to be right over there arguing
to keep it in. In other words, we're getting down to
decision time now. It's going to get very difficult."
Topics expected to be discussed today include faculty
salary increases, the proposed veterinary school at N.C.
State and funding for enrollment growth and libraries.
Last week Friday proposed a 20 per cent faculty pay
increase over the next two years, a motion endorsed by
the University system Board of Governors and the
UNC-CH Faculty Council.
Gov. James Hunt and the Advisory Budget
Commission (ABC) have recommended an increase of
only 6.5 per cent for 1977-78. They have not mentioned
an increase for the following year.
"It's still a very fluid thing," Friday says. "Nobody is
saying anything that would lead you to believe that they
want to reduce the six and one-half (per cent increase);
the idea is to add on.
"We've been in very strenuous negotiations on that
point, but it's still, I think, a considerable distance from
an ultimate decision."
Friday says that he doesn't think, and never has
thought, that a pay hike would result in an increase in
He says he feels that if the legislature appropriates the
increase for faculty, then additional money must be
appropriated for University employees who are not
classified as teachers but who are state officers.
"For us that is the equivalent of about three and one
half million dollars add-on money, w hich would mean
we would have more than six and one-half once we get
through the allocation."
Friday says that it is too early to predict what
allocations will be granted, but he says he feels
discussions will be getting more specifc in about three
"People are sympathetic, and they understand, and
they want to help. The question is how far can they
He notes that the legislature will meet again in
January to make more appropriations.
"It's not as though they were going to be gone for two
years, and we're hopelessly trapped. They'll appropriate
one budget, be gone six months, and be right back."
Teachers have discussed unionization if the pay
increase is not granted.
Another issue at the hearing today will be the vet
school. "The problem is, it is so expensive," Friday says.
"It's up to $36 million to build the plant. And you can't
do it piecemeal. You either get in it or you're out of it."
The University system wants $2 million for operating
funds and $9.25 million for the initial capital
"I think they'll wait probably until there's a little more
settlement on the revenue side; then we'll know better,"
The amount of money available will not be known
until at least April 1 5, when income-tax returns are due.
In addition to the system's request, a senator and a
representative have introduced similar bills for the vet
Two rural legislators. Rep. Robert Z. Falls, D
Cleveland, and Sen. Vernon E. White, D-Pitt,
introduced the bills March 16. They also requested $10
million in construction money.
The bills and the UNC system's request are treated
separately, Friday says.
Night students no longer in dark
Staff photo by BiH Russ
By PATTI TUSH
Twice a week Frederick Palmdahl leaves
his full-time job as operations manager for
the UNC Computation Center and returns
to campus at night as a part-time student.
Palmdahl has been doing this for 1 5 years
and has earned 84 hours of college credit.
He's one of more than 1 ,000 students who
attend the Evening College. In its 18th year,
the Evening College offers up to 90 hours of
college credit to area residents and
University employees who cannot attend
UNC full time.
"I think the courses have been great,"
Palmdahl says. "The members of the faculty
are encouraging, and I see no real difference
between night classes and day classes."
Palmdahl has attended both day and night
classes through the Evening College. Each
student may register for one day course each
semester after day students have
More than 1 ,000 persons are enrolled in the UNC Evening College. Most have full
time jobs and attend college part time.
Action delayed on student legal service
By JAY JENNINGS
A court judgment on whether the UNC
Student Legal Service can institute a
program of completely prepaid legal aid to
UNC students was postponed until May 2 in,
Charlotte FederalDistrict Court Monday.
At issue was whether UNC Student Legal
Service can operate under what is called a
closed-panel system, whereby the office is
not required partially to reimburse students
who choose to opt for private legal services
instead ofusing the attorney provided by the
Student Legal Service. Fees paid by all
students fund the service.
The Student Legal Service office is trying
to overturn an N.C. statute which prohibits
the closed-panel system. The N.C. Bar
Association is opposing the effort in court.
At present, the Student Legal Service
operates under an open-panel system, which
means there is an opt-out fund of $ 1 ,750 to
partially pay the legal fees of students who
choose to be represented by a private lawyer
rather than by the student service.
In the court action Monday, the judge
denied three motions by the state bar
association which disputed Student Legal
Service's right to institute a closed-panel
system, and reserved judgment until May 2
on the service's motion for summary
judgment on the constitutionality of the
Student Atty. Dorothy Bernholz said she
was hopeful that the judge would rule in
favor of the legality of closed-panel systems
at the May 2 hearing. She said the motions
by the state bar association which were
denied did not argue the legal merits of the
student service's case, but merely focused on
alleged procedural irregularities.
Bernholz said the closed-panel system
would be analogous to the system prevailing
at Student Health Service, where each
student pays a health fee but is not
reimbursed if he or she opts for a private
In fact, approximately half the Evening
College students take only one day course
and no night courses each semester, Director
Dwight C. Rhyne says.
"The Evening College is just like the
General College or the College of Arts and
Sciences," he says. "It's merely a means
through which students can take courses."
It is the only way students can attend UNC
part-time because all other colleges in the
University require students to enroll for at
least 1 2 hours a semester.
"The Evening College was set up to
accommodate people working full time who
want to go back to school," Rhyne says.
These people cannqt attend school full time.
A questionnaire completed last spring
determined that 80 per cent of Evening
College students work during the day, and 57
per cent work at least 40 hours a week.
The survey also showed that 68 per cent of
the students were female and the average age
was 27. Just over 50 per cent were married
with no children.
Palmdahl, now in his mid 40s, says the age
gap presents no problems for him. "You do
not feel like some kind of an oddball in
classes with younger students. They do have
an appreciation for older students."
Students may enter the Evening College as
prospective degree candidates or continuing
education students. Prospective degree
candidates must have graduated from an
accredited high school and meet minimum
University requirements. Depending upon
their qualifications, they may be admitted oh
The cost of the Evening College is the
same as for any other University college.
Students enrolled for more than six hours a
semester must pay all tuition and fees, $239
for North Carolina residents and $1,061 for
nonresidents. Students enrolled for fewer
than seven hours pay according to the
number of hours they take.
But for full-time University employees
such as Palmdahl, tuition is free. It is also
free for students 65 and older.
Continuing-education students need not
meet minimum University requirements but
must maintain a C average.
This semester, 257 Evening College
students are working toward degrees, 389 are
not. In addition, 386 students take graduate
courses part time through the Evening
The evening course curriculum consists of
about 30 courses each semester on the
freshman-sophomore level the basic
requirements prerequisite to most
This semester there are general or
introductory courses in psychology,
accounting, English, botany and many other
subjects. There are also more specialized
courses such as gems and gem materials.
The Evening College offers no degree
program. Evening students who want a
bachelor's degree must eventually transfer
into the day program or take day courses
Rhyne, who has been director since 1966,
has tried to implement a degree program for
The degree program proposed by Rhyne
involves departments offering core courses
in the evening.
"The major problem is money," he says.
"Take, for example, the chemistry
department. They're taking as many
students as they can right now. In order to
expand, there would be additional faculty
needed and also additional lab facilities.. And
that's just one department.
"The Evening College is simply an
administrative structure within the
As such, it must compete for funds with all
other University schools and colleges.
recommend or promote the sale or use of a
commercial product or service of any kind,
and he shall not receive any remuneration
for endorsing a commercial product or
service through his use of such product or
In the July 15, 1976 issue of the NCAA
News, the organization's newsletter, the
NCAA expanded the interpretation of this
rule to mean "if a student-athlete's name or .
picture appears on an item without his
knowledge of permission, he (or the
institution acting in his behalf and in his
name) is required to take affirmative action
to have his name or picture removed from
"Affirmative action" means that the
school must do all it can, up to andjucluding
legal action, to stop the manutacture ot the
item, according to David Berst, NCAA
executive assistant for enforcement.
"It could jeopardize an individuate,
eligibility if he does not take action to stop
it," Berst said.
He said that in the cases in which schools
have asked manufacturers to stop making an
item, the manufacturers have complied
voluntarily, and so far there have not been
any law suits involving the rule.
At UNC, when a problem arises, the
player involved is asked to write a letter to
the manufacturer asking that the product be
removed from the market. So far, this
procedure has worked, according to Moyer
G. Smith, assistant athletic director.
The NCAA's insistence that athletes and
their schools . police the manufacture of
posters and bumper stickers has disturbed
some people and raised some unanswered
Please turn to page 2.
S : -
Staff photo by Bruce Clark
A Chapel Hill Police Department
policy requiring off-duty officers to
carry guns will soon be reviewed by
the Board of Aldermen.
By CHIP PEARSALL
The Chapel Hill Police Department's
policy of requiring off-duty officers to
carry their weapons whenever practical
could be affected by a department report
to be submitted to the Board of Aldermen
within the next two weeks.
The report by Police Chief Sidney
Hilliard and Lt. Arnold Gold was spurred
by the fatal shooting last Nov. 11 of
Kenneth Edwards of Chapel Hill.
Edwards was shot by Detective Lt.
Brooks was off duty at University Mall
when he spotted Edwards, wanted by
local police on several warrants. After
calling the police station to request an on
duty officer to assist him with the arrest,
Brooks watched Edwards. When
Edwards started to leave the mall, Brooks
approached him, and a scuffle ensued.
Brooks' service revolver slipped from
his holster during the scuffle. He was
holding it while in pursuit of Edwards,
who had broken away from him, when
the shooting occurred.
In accordance with standard
procedure, Brooks was suspended from
the police force while the State Bureau of
Investigation (SB1) looked into the
He was reinstated to the department in
mid-December after the SBI report
cleared him of any wrongdoing in the
Please turn to page 3.