James Castagnera is an Associate Provost and Associate Counsel for Academic Affairs at Rider University, an Associate Editor of the National Center's Journal of Collective Bargaining in the Academy and a prolific author and speaker.  He has been a law professor at several institutions, and a communication specialist for the United States Coast Guard and at an R1 university. He also has been a management-side labor lawyer with a major Philadelphia law firm and the general counsel/corporate secretary for the then-largest convenience store chain in New Jersey and for the nation's number one econometric forecasting organization.  Jim has published 19 books, as well as some 50 professional/scholarly articles and book chapters. He is a frequent commentator in newsletters, newspapers and magazines, and on the Internet. His teaching has taken him to the University of Texas-Austin, the Wharton School of the University of Pennsylvania, and the Widener University School of Law.

Malini Cadambi Daniel is Director for Higher Education of the Service Employees International Union (SEIU). Her responsibilities include the development of SEIU's national higher education campaign including new adjunct faculty organizing, policy and political advocacy, and other program development.    

Jack Quinn is the President of Erie Community College.  President Quinn previously served as a congressman in the U.S. House of Representatives from 1992-2004 representing Western New York.  He was also a supervisor of the Town of Hamburg from 1984-1992 and began his professional life as an English teacher and coach at Orchard Park Central School from 1973-1983.  President Quinn graduated from Bishop Timon High School in South Buffalo, NY in 1969. He then earned a bachelor's degree in English Education from Siena College; a master's degree in English Education from the State University of New York at Buffalo; and a New York State school superintendent license from the State University of New York at Fredonia. In 2009, he became co-chairman of the legislative committee for the New York Community College Association of Presidents (NYCCAP). In 2010, he was invited by President Barack Obama and Dr. Jill Biden to participate in the White House Summit on Community Colleges in Washington, DC.

The agreement includes new contract language relating to training and development for annual faculty members found to be ineligible to teach a new course.  It also provides for across-the-board raises over the five years of the agreement: 2.25%; 2.5%; 2.5%; 2.75% and 3%.  Click here for the entire New School-ACT-UAW agreement.  

Seattle University, NLRB Case No. 19-RC-1222863

Saint Xavier University, NLRB Case No. 13-RC-022025

On June 1, 2015, the NLRB Region 13 Director issued a supplemental decision and order rejecting Saint Xavier University's objection to the NLRB asserting jurisdiction over a representation petition filed by University Adjunct Faculty Organization, IEA-NEA, with respect to the university's adjunct faculty.  The university's jurisdictional objection is premised on the argument that it is a religious institution, and the NLRB's assertion of jurisdiction would violate the university's First Amendment right to the free exercise of religion.

The supplemental decision and order stemmed from a February 3, 2015 remand of the case from the NLRB Board following its decision in Pacific Lutheran University. The remand called for the Regional Director to reexamine Saint Xavier University's jurisdictional objections premised on its religious-affiliation under the refined standards articulated in Pacific Lutheran University. 

Procedural History

In June and July, 2011, NLRB Region 13 conducted a mail-ballot election among the at-issue faculty but the ballots were impounded on July 13, 2011 based on the university's jurisdictional argument.  During the earlier processing of the representation petition, the parties had stipulated that the following unit of approximately 180-220 adjunct faculty was appropriate:

All part-time faculty employed by the Employer at its campuses presently located at 3700 West 103rd Street, Chicago, Illinois and 18230 Orland Parkway, Orland Park, Illinois, who reach at least three credit hours per semester, but, excluding all part-time faculty members in School of Nursing, all music tutors, all student supervisors in the School of Education, independent contractors, confidential employees and managers, office clerical employees and guards, professional employees and supervisors as defined in the Act.  

Regional Director's June 1, 2015 Decision Rejecting Jurisdictional Argument 

The NLRB Regional Director, however, rejected the university's contention that it holds out the petitioned-for adjunct faculty as performing a specific religious function.  In support of that conclusion, the Regional Director cited to publicly available documents, including employment applications and job postings, which do not state that adjunct faculty must integrate religious doctrine or tenets into coursework, engage in religious training, propagate religious doctrine, act as religious advisors or conform to the school's religious tenets.  

Lastly, the Regional Director rejected the university's arguments concerning the adjunct faculty in the Department of Religious Studies.  The Regional Director concluded that there was no evidence in record to suggest that adjuncts teaching religious studies must espouse any particular religion.  He did, however, agree with the university's contention that adjunct faculty in the school's Pastoral Ministry Institute are held out as performing a specific religious function but concluded that no adjunct faculty member had taught a course in that institute at the time the original election was held.

Based upon his findings, the Regional Director ordered that the impounded ballots from the 2011 elections should be counted, a tally of ballots prepared, and an appropriate certification or order of dismissal be issued.  The university had until June 15, 2015 to seek review of the decision from the NLRB Board.

Duquesne University of the Holy Spirit, NLRB Case No. 06-RC-080933

On June 5, 2015, the NLRB Region 6 Director issued a decision, recommendation and order rejecting Duquesne University's objection to the NLRB asserting jurisdiction over a representation petition filed by the United Steelworkers seeking to represent a unit of some of the university's part-time adjunct faculty.    

Procedural History 

In May 2012, after entering into a stipulated election agreement, the university objected to the NLRB's assertion of jurisdiction on grounds that it is a religiously-affiliated institution of higher learning.  A mail ballot election was conducted by the NLRB in September 2012.  It demonstrated that 50 eligible faculty members had voted in favor of unionization with 9 voting against.  The following is a description of the at-issue bargaining unit, which was comprised of approximately 88 adjunct professors:

Following the September 2012 tally of ballots, Duquesne University sought to have the election vacated on the grounds that the NLRB's assertion of jurisdiction violated the First Amendment because of the school's religious affiliation. The case remained pending with the NLRB Board at the time of the decision in Pacific Lutheran University. 

On February 12, 2015, the Duquesne University case was remanded by the NLRB to the Regional Director to reexamine the jurisdictional objection under the refined standards articulated in Pacific Lutheran University.   

Regional Director's June 5, 2015 Decision Rejecting Jurisdictional Argument

Following a hearing, the Regional 6 Director found in her June 5, 2015 decision that the university had met the threshold test of demonstrating it holds itself out as an institution that provides a religious educational environment.  However, she concluded that there was insufficient evidence in the record to conclude that the university holds out the adjunct professors as performing any religious function aimed at creating or maintaining the religious educational environment or that they are excepted  to the university's religious mission.  It is anticipated that Duquesne University will challenge the Regional Director's decision. 

Ithaca College, NLRB Case No. 03-RC-150147

On May 28, 2015, NLRB Region 3 conducted a tally of mail ballots in an election concerning a representation petition filed by SEIU to represent part-time faculty at Ithaca College.  Of the 321 faculty members eligible to vote,172 voted in favor of unionization, and 53 voted against.  In addition, there were 12 voided ballots and 1 challenged ballot.  The following is the stipulated description of the unit. 

Included: All part-time faculty employed by the Employer at its Ithaca, New York campus, including but not limited to faculty with the title of Lecturer or Adjunct, who taught at least one credit hour since the beginning of the Fall 2014 semester which began on August 27, 2014.

Excluded: Managerial employees, confidential employees, guards and supervisors as defined in the Act, and all other employees including full-time faculty, tenured or tenure-track faculty, instructors, faculty who teach courses at locations other than the Ithaca, New York campus, deans (including associate and assistant deans), provosts (including associate and assistant provosts), department chairs, coaches (including head and assistant coaches), employees who teach as part of their other employment responsibilities for the Employer.

Siena College, NLRB Case No. 03-RC-150383  

On June 3, 2015, NLRB Region 3 conducted a tally of mail ballots in an election concerning a representation petition filed by SEIU to represent a unit of part-time adjunct faculty at Siena College.  Of the 152 faculty members eligible to vote, 86 voted in favor of unionization, and 27 voted against.  In addition, there were 2 voided ballots and 9 challenged ballot.  The following is the stipulated description of the unit:

On June 3, 2015, NLRB Region 3 conducted a tally of mail ballots in an election concerning a representation petition filed by SEIU to represent all visiting and specified term faculty at Siena College.  Of the 36 faculty members eligible to vote, 16 voted in favor of unionization, and 5 voted against.  In addition, there was one voided ballot and 10 challenged ballots.  The following is the stipulated description of the unit:

All visiting full-time faculty, visiting instructional faculty, 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 No. 14-RC-149541

On May 11, 2015, NLRB Region 14 conducted a tally of mail ballots in an election concerning a representation petition filed by SEIU to represent adjunct faculty at Webster University.  Of the 668 faculty members eligible to vote, 268 voted against unionization, and 212 voted in favor.  In addition, there were 9 voided ballots and 53 challenged ballots.  The following is the stipulated description of the unit. 

Included: All adjunct faculty employed by Webster University who teach at least one
credit-bearing course, in a degree-granting program at the following campuses in the St. Louis Metropolitan area: Gateway, Winghaven, Westport and St. Louis Home.  

Trinity Washington University, NLRB Case No. 05-RC-151107

On June 5, 2015, NLRB Region 5 conducted a tally of mail ballots in an election concerning a representation petition filed by SEIU to represent adjunct faculty at Trinity Washington University.  Of the 288 faculty members eligible to vote, 74 voted in favor of unionization, and 54 voted against.  In addition, there were 5 voided ballots.  The following is the stipulated description of the unit. 

Included: All part-time faculty employed by the employer in Washington D.C., teaching at least one credit-earning class, lesson or lab.

Excluded: All other employees, full-time faculty, graduate assistants, clinical fellows, teaching fellows, teaching assistants, research assistants, full time staff whose part-time teaching is not compensated additionally for teaching, administrators, administrators who have teaching responsibilities, and managers, guards and supervisors as defined by the Act. 

Laguna College of Art and Design, NLRB Case No. 21-RC-128268

On June 15, 2015, the NLRB Board affirmed the denial of objections by Laguna College of Art and Design to the results of a mail-ballot election concerning a representation petition by SEIU seeking to represent all part-time adjunct faculty and instructors at that institution.  The tally of the ballots demonstrated that 35 faculty members voted in favor of unionization, 32 voted against.  In addition, there were was 1 voided ballot and 2 challenged ballots.

In its decision, the NLRB Board found that the prounion noncoercive conduct by a low-level supervisor did not materially impact the election outcome because "the Employer's contemporaneous aggressive antiunion campaign ensured that employees would not attribute [the supervisor's] prounion views to the Employer and effectively mitigated any potentially material interference of his noncoercive conduct on the election outcome, even considering the narrow margin of [SEIU's} victory."

Based upon the election results, and the denial of the election objections, the NLRB certified SEIU to represent the following unit of part-time faculty:

All part-time faculty, including adjuncts and instructors, who are employed by Laguna College of Art and Design to reach in the programs and academic units of the College and who teach at least one-credit earning class, lesson,or lab at the College's instructional facilities located at the following addresses: 2222 Laguna Canyon Road ("Main Campus"), 2825 Laguna Canyon Road ("Big Bend Campus"), 2633 Laguna Canyon Road ("Graduate Studies Building"), and 2295 Laguna Canyon Road ("Suzanne Chonette Senior Studios"), but excluding all other employees specifically: all full time faculty; all artists in residence; all visiting instructors; all faculty reaching in locations other than the College's instructional facilities as defined above; all faculty teaching online course exclusively (regardless of location); all graduate students; all lab assistants, graduate assistants, teaching associates, clinical fellows, teaching fellows, teaching assistants and research assistants; all mentors; all full-time staff or administrators, whether or not they also have teaching responsibilities; all deans, registrars, and librarians; all volunteers; all other represented employees; all clerical employees, managers, supervisors, and guards as defined in the Act.