Lesley University, NLRB Case No. 01-RC-148228

On April 8, 2015, NLRB Regional Director Jonathan B. Kreisberg issued a decision and direction of election concerning a representation petition filed by SEIU that seeks to represent a unit of approximately 181 full-time and regular part-time core faculty employed by Lesley University including faculty with titles of Instructor, Assistant Professor, Associate Professor, Professor, and University Professor.  In its petition, SEIU seeks to also represent in the proposed unit approximately 14 faculty employed in the same titles but under temporary contracts.

In his decision, Regional Director Kriesberg rejected the objection by Lesley University to the inclusion of the temporary faculty in the proposed unit finding that the temporary faculty had a community of interest with the core faculty because they perform many of the same duties including teaching, curriculum development, advising students, participating in departmental meetings and serving on faculty committees.  In addition, the two faculty groups was found to enjoy many of the same terms and conditions of employment.  While temporary faculty serve under contracts for a one-year term, Regional Director Kreisberg concluded that they had a reasonable expectation of continued employment noting that 35 per cent of temporary faculty have served for a least two consecutive years notwithstanding their one-year temporary appointments.  

Boston University, NLRB Case No. 01-RC-147713

Following a April 22, 2015 election, SEIU was certified by the NLRB on May 4, 2015, to represent an additional 33 faculty members employed as part-time lecturers at Boston University's Center for English Language and Orientation Program.  Of the 33 faculty members, 23 voted in favor of unionization, and 2 voted against.  The following is the description of the unit. 

All part-time lecturers actively employed by Boston University at its Center for English Language and Orientation Program; but excluding all employees otherwise excluded from 1-RC-139754 (excepting for part-time lecturers at its Center for English Language & Orientation Program), all other part time employees employed in other programs and areas of instruction at Boston University, and managers, confidential employees, guards and supervisors as defined by the Act.   

The NLRB May 4, 2015 certification states that, as a result of the vote, the part-time lecturers have indicated their desire to be included in the existing part-time graduate and undergraduate faculty unit already represented by SEIU.

Schenectady County Community College and County of Schenectady,  

Siena College, NLRB Case No. 03-RC-151213

On April 30, 2015, SEIU filed a representation petition seeking to represent approximately 40 visiting full-time faculty, visiting instructional faculty, and specified term faculty employed by Siena College.  A mail ballot election has been scheduled and all mail ballots must be received by the NLRB's Albany, New York office by the close of business June 2, 2015 in order to be counted.  

The following is the description of the proposed bargaining unit stipulated to by the parties:

All visiting full-time faculty, visiting instructional facult, and specified term faculty employed by the Employer; excluding all tenured or tenure-track faculty, deans (associate and assistant deans), provosts (associate and assistant provosts), directors (associate and assistant directors), administrators, department chairs, and all other employees whether or not they teach as part of their responsibilities for the Employer, any employees eligible to vote in Case 3-RC-150383, managerial employees, confidential employees, guard, and supervisors as defined in the Act.

Webster University, NLRB Case Nos. 14-RC-148986,14-RC-149539, 14-RC-149541 

According to media reports, adjunct faculty at Webster University voted against union representation in elections conducted by the National Labor Relations Board concerning representation petitions filed by SEIU.   In one election, 268 faculty voted against unionization, 212 voted in favor with 53 ballots being challenged and 9 voided.  In the second election, concerning a unit of 5 part-time instructors, 1 faculty member voted in favor with the remaining four ballots subject to challenge.  Click here for Media Report on Webster University Elections.

The NYU Center for Labor and Employment Law and Faculty Director Samuel Estreicher have announced the agenda for the NYU 68th Annual Conference on Labor, which will take place on June 4-5, 2015.  The title for this year's conference is Who is an Employee? and Who is the Employer?   

The conference is co-sponsored with Cornell University School of Industrial and Labor Relations

The conference will look at the existence and nature of the employment relationship and consider such issues as joint employers; employees vs. independent contractors; partners, student workers, interns and volunteers; new forms of worker organizations; international perspectives; and professional responsibility. The two-day event will feature four keynote speakers: 

• Hon. Richard F. Griffin, Jr., General Counsel, National Labor Relations Board
• Hon. Kent Y. Hirozawa, Member, National Labor Relations Board
• Hon. Philip A. Miscimarra, Member, National Labor Relations Board
• Dr. David Weil, Administrator, Wage and Hour Division, United States Department of Labor.