for the Study of Collective Bargaining in Higher Education and the Professions


July 2015
The National Center E-Note is an electronic newsletter providing news, updates and analysis concerning events and issues of interest to our constituency groups.
Save the Date: April 3-5, 2016 for 43rd Annual Conference on Collective Bargaining and Labor Relations in Higher Education
The 43rd Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education and the Professions will take place on April 3-5, 2016 at the CUNY Graduate Center.  Additional details concerning the 2016 conference will be announced in future E-Notes and will be featured on our website.
Podcasts from the 42nd Annual Conference Are Now Available


As part of the National Center's educational and research mission, we have posted 11 podcasts from our April 2015 annual conference on our website. The podcasts represent a sampling of the quality presentations made at the conference.  You are encouraged to inform your colleagues about the availability of the podcasts.  We thank Becca Pulliam from Please Repeat the Question Productions for her quality production.   


Click here for the following podcasts:

The History of Collective Bargaining in Higher Education 

Ellen Schrecker, Professor of History Emeritus, Yeshiva University

Derryn W. Moten, Professor of Humanities, Alabama State University

Ernst Benjamin, former AAUP General Secretary

Donna Haverty-Stacke, Associate Professor, History, Hunter College, Moderator 


The Impact of Collective Bargaining and Local Appropriations on Faculty Salaries and Benefits at U.S. Community Colleges 

Stephen Katsinas, University of Alabama Education Policy Center

Clive Belfield, Queens College, CUNY, Research Affiliate, C.C. Research Center

Fred Floss, Professor, SUNY Buffalo State. Senior Fellow, Fiscal Policy Institute

DeWayne Sheaffer, Long Beach City College & NEA NCHE, Moderator


Scorecards, Performance Based Metrics and Faculty Compensation

Alan D. Phillips, Vice President of Administration & Finance, Northern Illinois Univ.

Mark Smith, Higher Education Policy Analyst, National Education Association

Jonathan Blitz, Faculty Union Bargaining Team Member, Eastern Illinois University

Jeffrey M. Lax, Chair, Kingsborough Community College, CUNY, Moderator


Ins and Outs of Faculty Salary Structures and Wage Equity

Michael N. O'Malley, Senior Vice President, Sibson Consulting

Pierre Joanis, Associate Vice President for Human Resources, Bucknell University

Rex Fuller, Provost & VP for Academic Affairs, Eastern Washington University

Michael Conlin, United Faculty of Eastern President, Eastern Washington University

John W. Curtis, Director, Research, American Sociological Association, Panelist & Moderator


Faculty Diversity and Retention: Best Practices

Anthony Browne, Chair, Africana & Puerto Rican/Latino Studies, Hunter College

Carlos Medina, Chief Diversity Officer, SUNY

J. Phillippe Abraham, Vice President for Professionals, United University Professions

Rose Campbell, Faculty Administrator, Florida A & M University

Mark Hauber, Acting Associate Provost for Research, Hunter College

John T. Rose, Dean for Diversity, Hunter College, Moderator


Electronic Privacy in Higher Education

Jason Walta, Senior Counsel, National Education Association

Jill L. Rosenberg, Partner, Orrick, Herrington & Sutcliffe LLP

Frederick Lane, Author & Attorney

Raymond L. Haines, Associate Vice Chancellor for Employee Relations, SUNY, Moderator


Student Evaluation of Teaching in Higher Education

Philip B. Stark, Professor & Chair, UC Berkeley Department of Statistics

John A. Centra, Professor Emeritus, Syracuse University & Former Research Psychologist, Educational Testing Service

Alexandra Matish, Associate Director, Academic Human Resources, Univ. of Michigan

Lillian MacNell, North Carolina State University Graduate Student, 2016

Jamie Dangler, VP for Academics, Chief Negotiator, UUP, Moderator


Postsecondary Minority Serving Institutions: Labor Relations and 

Collective Bargaining

Robert White, Alabama State University Professor of History

Daniel Wims, Provost and Vice-President for Academic Affairs, Alabama A & M Univ. 

Quintlon Ross, NEA Uniserv Director, Alabama Education Association

Sasha Tarrant, Assistant Professor, History, Brazoport College, TX Faculty Association

Lynda Villanueva, Vice President, Academic & Student Affairs, Brazosport College

Joyce Moy, Director, CUNY Asian American Asian Research Institute, Moderator


Impact of Pacific Lutheran on Collective Bargaining at Catholic Colleges and Universities

Nicholas P. Cafardi, Dean Emeritus & Professor of Law, Duquesne University

Michael P. Moreland, Vice Dean & Professor of Law, Villanova University Law School

Maryann Parker, Associate General Counsel, SEIU

Clayton Sinyai, Director, Catholic Employer Project

David L. Gregory, Dorothy Day Professor of Law, St. John's University School of Law, Moderator


Sexual Assaults on Campus: What Is To Be Done?

Coleen Chin, Senior Attorney, U.S. Department of Education, Office of Civil Rights

Michelle Kiss, Director of Special Projects, Academic Affairs, California State Univ. 

Elizabeth Davenport, United Faculty of FL/AFT/NEA President, FL A&M University

Sabrina Sanders, Assistant Director, Student Programs, California State University 

Alexandra Matish, Associate Director, Academic Human Resources, University of Michigan, Moderator


Graduate Assistants: Special Issues and Challenges in Collective Bargaining

Kerr Ballenger, United Faculty of FL-FSU-Graduate Assistants United President

Margaret E. Winters, Provost & Senior VP for Academic Affairs, Wayne State Univ.

John D. Vander Weg, Associate Provost for Academic Personnel, Wayne State Univ. 

Peter Chester, Director, Labor Relations, University of California

Carl J. Levine, Levy Ratner, P.C.

Adrienne Eaton, Past President, Rutgers AAUP-AFT and Professor, Labor Studies & Employment Relations, Moderator 


Supreme Court to Reexamine Mandatory Agency Fee Arrangements

On June 30, 2015, the United States Supreme Court agreed to hear an appeal in Friedrichs v. California Teachers Association, where plaintiffs argue that the First Amendment prohibits a California statutory mandate requiring all non-union members in a public sector bargaining unit to pay a fee for the costs associated with collective bargaining.  In the alternative, plaintiffs challenge the procedures under the California law requiring a public employee to opt out of making financial contributions in support non-chargeable union expenditures.


The following are the legal questions that the Supreme Court has agreed to determine:


1. Whether Abood v. Detroit Board of Education., 431 U.S. 209 (1977), should be overruled and public-sector "agency shop" arrangements invalidated under the First Amendment;


2. Whether it violates the First Amendment to require that public employees
affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring that employees affirmatively consent to subsidizing such speech. 

The Supreme Court's recent order in Friedrichs was issued on the first anniversary of the decision in Harris v. Quinn, where the Court struck down as unconstitutional an agency fee arrangement for quasi-public domestic heath care workers in Illinois.  


In Harris v. Quinn, the Supreme Court declined to overturn the 1977 decision in Abood v. Detroit Board of Education, which upheld the constitutionality of requiring non-members to pay an agency fee. Instead, the Harris majority distinguished but severely criticized the Abood decision as well as earlier precedent upholding private sector agency fee requirements under the Railway Labor Act.     


As University of North Carolina School of Law Associate Dean for Academic Affairs  

Jeffrey Hirsch has stated, the Harris decision suggests that a majority of the current Supreme Court might not be prepared to overrule Abood.  Instead, Hirsch believes it more likely that a Court majority will sustain the plaintiffs' challenge to California's procedural system that requires non-members to affirmatively object to the payment of fees for nonchargeable activities by the union.   

Although the final outcome in Friedrichs is not certain, there is little question that at least four Justices on the Supreme Court believe that an open shop is constitutionally mandated in the public sector, and probably in the private sector as well.  As a practical matter, a broad majority ruling in Friedrichs striking down all agency fee requirements on First Amendment grounds will adversely impact labor-management relations on campus, and, ironically, might render superfluous the private sector right to work provision in Section 14(b) of the Taft-Hartley Act of 1947.
SEIU Certified to Represent a Second Faculty Unit at Lesley University
Lesley University, NLRB Case No. 01-RC-148228

Following the May 20, 2015 tally in a mail ballot election conducted by the NLRB, SEIU was certified on June 1, 2015 to represent a unit of approximately 159 faculty members employed as full-time and regular part-time core faculty and tenured faculty at Lesley University.  Of the 159 eligible faculty members, 81 voted in favor of unionization, and 56 voted against.  The following is the description of the newly certified unit at Lesley University:

Included: All full-time and regular part-time core faculty and tenured faculty employed by Lesley University at its Cambridge, Massachusetts campuses, including faculty with titles of Instructor, Assistant Professor, Associate Professor, Professor, and University Professor.


Excluded: All other employees, National Faculty, Deans, Associate Deans, Provost, adjunct faculty, coaches, all Division Directors and Director of Field Placement in the Graduate School of Education, all Chairs in the Lesley University College of Art and Design, all Division Leaders in the College of Liberal Arts, the following classifications in the Graduate School of Arts and Social Science: Division Director (Division of Expressive Therapies), Division Director (Division of Counseling and Psychology, Program Director-MFA Writing, Director of Interdisciplinary Studies,
Directors of Field Training, Supervisor of Academic Affairs, and Associate Director of Academic Affairs, and Associate Director of Expressive Therapies, and all managers, confidential employees, guards and supervisors as defined in the Act. 


UAW Files Petition to Represent Barnard College Adjunct Faculty
On June 11, 2015, the UAW filed a representation petition with NLRB Region 2 seeking to represent a unit of approximately 200 adjunct faculty at Barnard College.  The following is the description of the proposed unit:

All Officers of Instruction, full-time and part-time, in Off Ladder Ranks, including but not limited to: Visiting Professor, Visiting Associate Professor, Visiting Assistant Professor, Adjunct Professor, Adjunct Associate Professor, Adjunct Assistant Professor, Term Professor, Term Associate Professor, Term Assistant Professor, Professor of Professional Practice, Associate Professor of Professional Practice, Assistant Professor of Professional Practice, Associate, Senior Associate, Lecturer, Senior Lecturer, Senior Scholar, Research Professor, Research Scientist and Research Scholar, Teaching Assistant.


SEIU Recognized to Represent Schenectady County Community College Part-Time Adjunct Teaching Faculty

On May 19, 2015, following a card check, SEIU was voluntary recognized by the Schenectady County Community College and the County of Schenectady as the exclusive representative of the following faculty bargaining unit at Schenectady County Community College: 


Included: All part-time adjunct teaching faculty.

Excluded: All full-time teaching faculty, all directors and supervisors, all management and confidential employees, and all other employees who are not part-time adjunct teaching faculty. 

Michigan Education Association Certified to Represent New Unit of Chairs at Northwestern Michigan College

Following a representation election, the Michigan Employment Relations Commission on June 29, 2015 certified the Michigan Education Association as the exclusive representative of the following bargaining unit at Northwestern Michigan College:


Included:  All Faculty Academic Chairs.

Excluded: All others.


SEIU Loses Election Concerning a Second Webster University Unit  

Webster University, NLRB Case No. 14-RC-149539


The NLRB Board on July 7, 2015 issued a decision and certification of election results concerning a mail ballot election held between April 24, 2015 and May 8, 2015 involving Webster University instructors in the following unit:  


All faculty with the title instructor 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, who were employed by the Employer during the payroll period ending during the most recent employment period, including employees who did not work during that period because they were ill, on vacation, or were temporarily laid off, and employees who have taught at least one credit-bearing course during the Fall 2014 semester/term or during the Spring 2015 semester/term.  


The tally found that two ballots were cast in favor of SEIU representation, two against, and one ballot challenged.  In its July 7, 2015 decision, the NLRB adopted the Regional Director's report and recommendation sustaining the challenge to the determinative ballot based on the fact that the voter destroyed the secrecy of her ballot.  


Duquesne University Seeks to Challenge Decision on NLRB Jurisdiction 

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


Duquesne University filed a request with the NLRB on June 19, 2015 seeking review of the Region 6 Director's June 5, 2015 decision, recommendation and order that rejected the 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.         

Massachusetts Adopts New Sick Leave Regulation for Adjunct Faculty

Massachusetts Attorney General Maura Healey has issued new regulations to claify

the practices and policies under the Massachusetts Earned Sick Time Law, a 2014 state ballot measure approved by the voters that requires employers with more than 10 employees to permit employees working in Massachusetts to accrue and use 40 hours of paid sick leave each year. 
Under the new regulations, contingent faculty compensated on a fee for service or "per course" basis are entitled to hours of accrued sick leave for each classroom hour worked. Click here for sick leave regulations.


OSHA Issues a Guide on Restroom Access for Transgender Workers

The United States Occupational Safety and Health Administration has issued a helpful guide for administrators and labor representatives on best practices concerning restroom access for transgender workers.  The guide emphasizes that all employees are entitled to access to restrooms that correspond with their gender identity. The guide was issued on June 1, 2015 and is available here.  

National Center to Participate in Conference of Labor Relations Agencies

The National Center will be participating in a panel discussion at the annual conference of the Association of Labor Relations Agencies (ALRA), which will take place on July 18-21, 2015 in Minneapolis, Minnesota.  The panel is entitled Recent Developments in Higher Education Collective Bargaining and Organizing.  It will examine recent developments including the upsurge in contingent faculty organizing and collective bargaining.  Speakers will include National Center Executive Director William A. Herbert, Jeffery Frumkin, Associate Vice Provost and Senior Director, AHR, University of Michigan, and a member of the National Center's Board of Advisors, and Maria Maisto, President of the New Faculty MajorityClick here for ALRA conference agenda.  

The Journal of Collective Bargaining in the Academy

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The Journal of Collective Bargaining in the Academy is the National Center's peer review on-line journal co-edited by Jeffrey Cross, Eastern Illinois University, and Steve Hicks, Associate Professor of English at Lock Haven University of Pennsylvania. We encourage scholars, practitioners and students in the fields of collective bargaining, labor representation and labor relations to submit articles for publication in future volumes of the on-line journal, which is hosted by the Booth Library, Eastern Illinois University. Click here for Journal of Collective Bargaining in the Academy.
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