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NATIONAL CENTER
for the Study of Collective Bargaining in
Higher Education and the Professions
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The National Center E-Note is a monthly electronic newsletter containing research and analysis relevant to unionization and collective bargaining in higher education and the professions.
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| Save the Date: March 26-28, 2017
44th Annual Conference at the CUNY Graduate Center in New York City
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Call for Papers, Presentations, and Workshops for 2017 Conference
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The National Center has issued a Call for Papers, Presentations and Workshops for
our 2017 annual conference. We encourage scholars, researchers and practitioners
We also welcome proposals by scholars for presentations with respect to recently published books relevant to labor relations and collective bargaining.
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Photographs from Our April 3-5, 2016 Annual Conference
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Below are a few photographs from the National Center's 43rd Annual Conference. |
| Hunter College President Jennifer J. Raab
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| Jeffrey Cross, Associate Vice President for Academic Affairs, Eastern Illinois University, and co-editor of the Journal of Collective Bargaining in the Academy
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| DeWayne Sheaffer, President, National Council for Higher Education, NEA, and National Center Board of Advisors Member
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| | Karen R. Stubaus, Vice President for Academic Affairs and Administration at Rutgers, and National Center Board of Advisors Member |
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| Risa L. Lieberwitz, Professor, Cornell School of Industrial and Labor Relations, AAUP General Counsel, and National Center Board of Advisors Member
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Additional photographs from the annual conference are posted on our website. Webcasts and podcasts from the conference will be posted in the next few months. |
Notre Dame de Namur University: SEIU Certified to Represent PT Faculty
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Notre Dame de Namur University, NLRB Case No. 20-RC-172076
On May 10, 2016, SEIU was certified by NLRB Region 20 to represent a part-time faculty unit at Notre Dame de Namur University in Belmont, California. The certification resulted from a April 29, 2016 tally of mail ballots. Of the 208 part-time faculty eligible to vote, 148 voted in favor of unionization and 11 voted against.
In the election agreement, the university and SEIU agreed "that any part-time faculty in the above included-unit who were employed and taught one or more courses during the summer of 2015 and have a reasonable expectation of teaching one or more courses during the summer of 2016 may vote in the election but their ballots will be challenged since their eligibility has not been resolved."
The following is the at-issue voting unit that participated in the election:
All part-time faculty, including Lecturers, Senior Lecturers, Assistant Librarians (part-time), Associate Librarians (part-time), Core Faculty, Part-time In-Residence faculty, Part-time teaching Professors Emeritus and Emerita employed by the Employer at its Belmont, California facility; excluding all other employees, full-time faculty, all administrators with faculty ranks, non-teaching faculty, Honorary Degree Holders, Deans, Presidents, Provosts, visiting faculty and visiting scholars, staff members that teach on a part-time basis, full-time and part-time exempt staff and non-exempt staff members, research employees, University officers and staff who hold faculty titles and/or teach, student-employees, University Emeritus and Emerita without part-time teaching duties, administrators, managerial employees, members of religious orders, trustees, other professional employees, confidential employees, and supervisors as defined by the Act (including Department Chairs and/or Program Directors who are supervisors as defined by the Act). Others Permitted to Vote: The parties have agreed that any part-time faculty in the above included-unit who were employed and taught one or more courses during the summer of 2015 and have a reasonable expectation of teaching one or more courses during the summer of 2016 may vote in the election but their ballots will be challenged since their eligibility has not been resolved. No decision has been made regarding whether the individuals are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.
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Notre Dame de Namur University: Full-Time Faculty Vote to Unionize
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Notre Dame de Namur University, NLRB Case No. 20-RC-174028
On May 25, 2016, NLRB Region 20 conducted a tally of ballots in a representation election concerning a petition filed by SEIU to represent all full-time tenured, tenure-track and non-tenure track faculty and librarian faculty at Notre Dame De Namur University in Belmont, California. Of the 61 full-time faculty eligible to vote, 35 voted in favor of unionization, 6 voted to remain unrepresented, and 15 ballots were challenged. T
The election result constitutes the first victory by tenured and tenure-track faculty to unionize at a private sector institution in many years. The following is the at-issue full-time faculty unit:
Inclucded: All Full-Time Faculty and Full-Time Librarian Faculty (Tenured, Tenure-Track, and Non-Tenure Track) employed by the employer; during the payroll period ending April 15, 2016.
Excluded: All other employees, including without limitations: part-time faculty; core faculty; non-teaching faculty; visiting faculty and visiting scholars; staff members who teach on a part-time basis; full-time and part-time exempt staff and non-exempt staff members; research employees; University officers and staff who hold faculty titles and/or teach; supervisors (including Department Chairs and/or Program Directors who are supervisors as defined by the Act); managerial employees; members of religious orders; trustees; other professional employees; confidential employees; University emerita and emeritus faculty without full-time teaching duties; student-employees; matriculated students and guards.
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Saint Louis Univ.: Adjunct Faculty and Graduate Assistants Vote to Unionize
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Saint Louis University, NLRB Case No. 14-RC-173981 On May 23, 2016, NLRB Region 14 tallied the mail ballots in an election concerning a representation filed by SEIU seeking to be the exclusive representative of a bargaining unit composed of adjunct faculty and graduate assistants at Saint Louis University. Of the 156 eligible faculty members, 89 voted in favor of unionization, 28 voted against representation and two ballots were challenged. The following is the at-issue adjunct faculty unit at Saint Louis University:
Included: All adjunct faculty and graduate assistants who teach courses beyond their stipend and are compensated on a per-course basis, employed by Saint Louis University in its College of Arts and Sciences and School of Education of Saint Louis University who teach at least one credit-bearing course in a degree-granting program at the campus located at Grand Blvd and Lindell Blvd, Saint Louis City, also known as the North Campus.
Excluded: All other employees: post-doctoral fellows, non-tenured track faculty, tenured faculty, tenure-track faculty, full-time and part-time staff who also teach as an adjunct, deans, associate deans, assistant deans, provost, vice provosts, assistant provosts, administrators, department chairs, graduate assistants who only teach courses pursuant to a stipend, graduate students, athletic coaches, persons teaching exclusively on-line courses, all persons employed by all other Colleges, Schools, or Programs not specified in the unit description above and faculty who teach non-degree granting courses, office clerical employees, managers, confidential employees, guards and supervisors as defined by the Act.
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Holy Names University: SEIU Certified to Represent Adjunct Unit
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Holy Names University, NLRB Case No. 32-RC-170352
On May 2, 2016, NLRB Region 32 certified SEIU as the exclusive representation of a bargaining unit of adjunct faculty at Holy Names University in Oakland, California. The certification followed a mail ballot election, with the ballots tallied on April 22, 2016. Of the 142 eligible faculty members, 63 voted in favor of unionization, 17 voted to remain unrepresented, and two ballots were challenged.
The following is the at-issue faculty unit represented by SEIU at Holy Names University:
Included: All Adjunct Faculty (including Adjunct Instructors, Adjunct Professors, Adjunct Assistant Professors, Adjunct Lecturers, and Adjunct Professors), employed by the Employer. Excluded: All faculty members who are employed as ranked faculty, meaning all full-time and pro rata tenured faculty and tenure-track faculty and term faculty holding the rank of Instructor, Assistant Professor, Associate Professor, or Professor; Professors Emeritus, Professors Alumnus, Visiting Professors, Affiliate Professors, Kodaly Summer Institute faculty, Department Chairs, Directors, Assistant Directors, Academic Advisors, division directors, center directors, assistant directors, program and department chairs, program staff, Deans and Chairs including those who may have teaching assignments; graduate and undergraduate students and student employees, teaching and research assistants and fellows, all other faculty and other employees in non-degree granting programs (including extension or continuing education instructors, public programs, or other special programs), Individual Lesson Instructors (Individual Music Lesson instructors), Ensemble Directors, Instructors in Athletics and Recreation; also excluding all staff and administrator employees, officers and trustees of the University; members of religious orders who are employed by the University; teachers and other employees of Raskbob School; all other employees, all volunteers, independent contractors, managerial employees, professional and confidential employees, guards, and supervisors as defined in the National Labor Relations Act.
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Ithaca College: Full Time NTT Faculty Vote for SEIU Representation
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Ithaca College, NLRB Case No. 33-RC-173675
On May 24, 2016, NLRB Region 3 conducted a tally of mail ballots concerning the representation petition filed by SEIU seeking to be the exclusive representative of a bargaining unit of full-time non-tenured and non-tenure track faculty at Ithaca College. Of the 48 eligible faculty members, 23 voted in favor of unionization, 13 voted to remain without representation, and 6 ballots were challenged.
The following is the at-issue faculty unit:
Included: All limited-term faculty teaching with "Term" appointments on a full-time non-tenured and non-tenure track basis employed by the Employer at its Ithaca, New York campus.
Excluded: Full-time staff, tenure and tenure track faculty, full-time non-tenured and non-tenure track faculty teaching with "Notice" appointments, artist/writers/scholars in residence, deans (including associate and assistant deans), department chairs and managerial employees, confidential employees, guards and supervisors as defined by the Act and all other employees.
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Marywood University: NEA Petition for Full-Time Faculty Unit Dismissed
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Marywood University, NLRB Case No. 04-RC-173160
On May 11, 2016, NLRB Region 4 Acting Director Harold A. Maier issued a decision dismissing a representation petition filed by the Marywood University Faculty Association a/w Pennsylvania State Education Association seeking to represent a unit of full-time and pro-rata faculty at Marywood University including professors, associate professors, assistant professors, and instructors. The petition was dismissed based on a finding that the at-issue faculty are managerial employees, and therefore exempt from coverage under the National Labor Relations Act pursuant to the holding in NLRB v. Yeshiva University, 444 U.S. 672 (1980).
In response to the filing of the representation petition, the university argued that the NLRB should decline jurisdiction because of the institution's religious affiliation under the Supreme Court's decision in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). In the alternative, the university argued that the petition should be dismissed because the faculty are managerial.
In his decision, the NLRB Acting Regional Director applied the standards set forth in Pacific Lutheran University, 361 NLRB No 157 (2014) for determining both issues raised by the university.
Jurisdictional Issue Based on University's Religious Affiliation
While it was stipulated that the university holds itself out as providing a religious educational environment, the Acting Regional Director found that the school had failed to demonstrate the second prong of the jurisdictional test set forth in Pacific Lutheran University: whether it holds out the petitioned-for faculty as performing a specific religious role. The Acting Regional Director concluded that the evidence suggested that faculty are expected to support the university's "mission and core values, much of which is expressed largely in non-religious terms, including respect, empowerment, service and excellence." However, the university "did not produce evidence suggesting that faculty have a specific role in promoting its religious mission and values," a role that is represented to faculty, students, and the general public. As a result, the university's argument that the NLRB should decline jurisdiction over the representation petition was rejected.
Faculty As Managerial Employees and Exempted from NLRA Rights
However, the Acting Regional Director sustained the university's argument that the representation petition should be dismissed because the at-issue employees are managerial. In reaching that conclusion, he evaluated the evidence concerning the three primary areas of faculty decision-making (academic programs, enrollment management and finances) and the two secondary areas (academic policy and personnel policy and decisions) identified in Pacific Lutheran University.
The Acting Regional Director found that faculty determine course offerings and scheduling with the decisions by the faculty-dominated Curriculum Committees almost always adopted by university administrators. He noted that the record included only a single time when a Curriculum Committee recommendation was rejected by the administration.
With respect to enrollment, the Acting Regional Director determined that faculty involvement is less extensive but still important. The annual reviews and recommendations by the faculty controlled Undergraduate Admissions Committee concerning applicants initially determined to have fallen short of university admissions standards are nearly always followed. Similarly, faculty determinations concerning which applicants should be accepted into graduate programs are routinely adopted. While he concluded that faculty "do not determine all aspects of enrollment and retention, they effectively control significant portions of the process."
In the area of personnel decisions, the Acting Regional Director found that faculty determine whether adjunct faculty are necessary, and recommendations for adjunct faculty appointments are almost always accepted by administrators. Faculty recommend candidates to fill full-time faculty positions, and recommendations by the faculty dominated Rank and Tenure Committee with respect to tenure and promotions have "historically been accepted in almost all cases."
Although the Acting Regional Director found that faculty play a very limited role in the areas of university finances and academic policies, he determined that faculty's control and involvement in academic programs, enrollment management and personnel policy and decisions was sufficient to find them to be managerial.
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Saint Martin's University: NLRB Regional Director Orders An Election
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Saint Martin's University, NLRB Case No. 19-RC-173933
On May 17, 2016, NLRB Region 19 issued a notice of election with respect to a representation petition filed by SEIU on April 12, 2016 seeking to represent a bargaining unit of all full-time and part-time faculty at Saint Martin's University in Lacey, Washington. Ballots will be mailed out by NLRB Region 19 to faculty eligible to vote on May 27, 2016. The ballots will be tallied on June 17, 2016 at the NLRB Region 19's office. The following is the at-issue faculty bargaining unit:
Included: All full-time and part-time contingent faculty who teach at least one credit-bearing lab or class (including online classes) or one ESL class and who are employed by the Employer at its main campus in Lacey, Washington, or at its extension and satellite campuses, including but not limited to contingent faculty with the title of Instructor, English as a Second Language (ESL) Instructor, Educational Supervisor, Education Laboratory Instructor, Visiting Faculty, and Lecturer (Lecturer I, Lecturer II, Lecturer III).
Excluded: All regular faculty, Provosts, Academic Deans, Professors, Assistant Professors, Associate Professors, Professors Emeriti, Librarians, nonprofessional employees, all other employees (whether or not they have teaching responsibilities), Summer Cultural Exchange employees who do not have teaching responsibilities outside their Summer Cultural Exchange duties, managerial employees, confidential employees, and guards and supervisors as defined in the Act.
A day before issuance of the notice of election, NLRB Region 19 Director Hooks issued a decision rejecting various arguments raised by Saint Martin's University to the representation petition filed by SEIU. Like other religiously-affiliated institutions of higher education, Saint Martin's University asserted that the NLRB was obligated to decline jurisdiction under the Supreme Court's decision in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979). Consistent with NLRB precedent, Regional Director Hooks examined the jurisdictional argument under the test set forth by the NLRB in Pacific Lutheran University, 361 NLRB No 157 (2014). Based on the evidence, Regional Director Hooks concluded that the university failed to meet its burden of demonstrating the second prong of the applicable test: whether it holds the at-issue contingent faculty out as performing a specific role in creating or maintaining the university's religious educational environment.
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University of Massachusetts: NEA Certified to Represent Dept. Chairs
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University of Massachusetts-Boston, CERB Case No. SCR-15-5007
On April 20, 2016, the Massachusetts Commonwealth Employment Relations Board certified the Faculty Staff Union/MTA/NEA as the exclusive representative of the following bargaining unit of approximately 35 department chairs:
All full-time and regular part-time Department Chairs employed by the University of Massachusetts Boston Campus, excluding all managerial, confidential, casual and other employees.
The certification was issued following a secret mail ballot election. Of the 26 votes that were cast, 17 department chairs voted in favor of unionization, 8 voted against, and one ballot was challenged.
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Plymouth State Univ.: AAUP Certified to Represent TT and Dept. Chairs
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Plymouth State University, NHPERLRB Case No. E-0197-1
On April 28, 2016, the New Hampshire Public Employee Labor Relations Board certified AAUP as the exclusive representative of the following bargaining unit of approximately 174 tenured and tenure track faculty including department chairs:
Included: All tenured and tenure track faculty, including Department Chairs.
Excluded: Contract Faculty, Clinical Faculty, Research Faculty, Assistant Directors,
and Directors.
The certification was issued following an on-site election on April 18-19, 2016 with the ballots tallied on April 19, 2016. Of the 164 votes cast, 97 voted in favor of unionization, and 67 voted against.
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University of Missouri: Graduate Student Employees Sue for Recognition
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Coalition of Graduate Workers v. Board of Curators of the University of Missouri,
Case No. 16BA-CV01634
The Coalition of Graduate Workers (CGW) and individual graduate students at the University of Missouri have commenced a declaratory judgment action under the Missouri Constitution of 1945, Article I, sec. 29 seeking a judicial determination that university graduate student workers are employees under that state's constitutional provision, and that the university violated the state constitution when it refused to grant voluntary recognition to CGW as the exclusive representative of approximately 2,600 graduate student employees.
The lawsuit alleges that in December 2015 and January 2016, CGW requested the university to hold a representation election for graduate student employees to determine whether they wanted CGW to be their exclusive representative for the purpose of collective bargaining. Following the university's denial of the request for a representation election, CGW organized an election in April under the auspices of the League of Women Voters, which found that the vast majority of those who voted favored unionization. Following the election, the university rejected CGW's request for voluntary recognition and the commencement of negotiations.
The Missouri Constitution of 1945, Article I, sec. 29 states: "Organized labor and collective bargaining. That employees shall have the right to organize and to bargain collectively through representatives of their own choosing. "
In 2007, the Missouri Supreme Court in Independence-National Education Association v. Independence School District, 223 S.W. 3d 131 (Mo. 2007) ruled that the constitutional right to unionize and engage collective bargaining under Missouri's 1945 constitution was applicable to both public and private sector employees including those public employees expressly excluded from Missouri's public sector collective bargaining statute, RS Mo 105.500-105.530. Among the public employees excluded from the statutory protections and regulations are those working for colleges and universities.
In reaching its decision in Independence-National Education Association v. Independence School District, the Missouri Supreme Court relied upon the plain language of the constitutional provision finding that the debates at the state constitutional convention "are interesting, [but] they neither add to nor subtract from the plain meaning of the constitutional words." 223 S.W. 3d at 137. The decision, however, did not identify a procedure for determining majority status, the appropriate bargaining unit or the scope of collective bargaining for public employees excluded from Missouri's collective bargaining law.
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Keene State College: NEA Certified to Represent a Non-Faculty Unit
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Keene State University, NHPERLRB Case No. E-0190-1
On April 29, 2016, the New Hampshire Public Employee Labor Relations Board certified NEA as the exclusive representative of a bargaining unit of approximately 90 professional employees. The certification was issued following an election on April 6, 2016. Of the 83 votes cast, 50 were in favor of unionization, 33 votes were against representation, and 1 ballot was challenged.
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Loyola University of Chicago: SEIU's Recent Certification Challenged
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Loyola University of Chicago, NLRB Case No. 13-RC-168082
On April 27, 2016, the Loyola University of Chicago filed with the National Labor Relations Board a request for review of the Region 13 Director's decision rejecting its argument that the the federal agency should not assert jurisdiction over the representation case filed by SEIU on behalf of full-time and part-time ESL faculty. The university argues that the exercise of jurisdiction is unconstitutional under NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979) because it is a Jesuit institution. It also asserts that the two-prong test set forth in Pacific Lutheran University. 361 NLRB No 157 (2014), is invalid because it is inconsistent with the Supreme Court's decision in NLRB v. Catholic Bishop of Chicago. On May 3, 2016, SEIU filed its opposition to the university's request for review. In related news, a divided NLRB Board on May 25, 2015 issued a decision denying a request for review of a Region 19 Director's decision dismissing a faculty representation petition in Carroll College, NLRB Case No. 19-RC-165133 on jurisdictional grounds. In that case, the Region Director found that the NLRB should decline jurisdiction over the religiously affiliated institution under the two-prong test outlined in Pacific Lutheran University.
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Dartmouth College: Petition by Psychiatric Professionals Dismissed
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Trustees of Dartmouth College, NLRB Case No. 01-RC-172640
On April 21, 2016, NLRB Region 1 Director John J. Walsh, Jr. issued a decision dismissing a representation petition by Concerned Psychiatric Professionals of New Hampshire Hospital that sought to represent a unit composed of 13 psychiatrists and 4 psychiatric nurse practitioners employed by Dartmouth College at the New Hampshire Hospital in Concord, New Hampshire.
The petition was dismissed based on an NLRB administrative rule that it will not conduct an election at a time when permanent layoffs of the at-issue unit employees are imminent and certain. In the present case, the Region Director concluded that Dartmouth College had made an irrevocable decision, effective June 30, 2016, to layoff all Department of Psychiatry clinical personnel, and to not seek to renew its contract with New Hampshire Hospital, which terminates on the same day.
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Univ. of Ill. at Urbana-Champaign: Adjunct Faculty Ratify First Contract
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Following a two day strike by adjunct faculty at the University of Illinois at Urbana-Champaign in April 2016, the university and the Non-Tenure Faculty Coalition Local 6546, an AFT-AAUP affiliate, have reached a first contract, which has been ratified by the faculty unit. The union was certified in July 2014 to represent approximately 473 adjunct faculty.
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Univ. of Ill. at Urbana-Champaign: ULP Dismissed Over Ethics Form
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University of Illinois, Urbana-Champaign, IELRB Case No. 2015-CA-0017-S
The Illinois Educational Labor Relations Board (IELRB) recently issued a decision dismissing an unfair labor practice charge against the University of Illinois, Urbana-Champaign that alleged the university violated its duty to bargain in good faith when it unilaterally mandated employees to complete Supplemental Statement of Interest forms. The new ethics form stems from a state executive order issued in 2015. IELRB concluded that the university requirement that employees complete the form was not a mandatory subject of bargaining because it does not impact wages, hours or terms or conditions of employment. The agency reasoned that there was no evidence demonstrating that an employee would be subject to discipline for failing to submit the ethics form.
The recent IELRB decision differs from public sector collective bargaining law in New York. In 1990, the New York Court of Appeals affirmed a decision by the New York State Public Employment Relations Board finding that the unilateral imposition of a financial disclosure form constituted an improper practice under New York's Taylor Law. See, Board of Education of the City School District of the City of New York v. New York State Public Employment Relations Board, 75 N.Y.2d 660 (1990).
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Boston University: Tentative Agreement Reached for PT Faculty Unit
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According to a media report, Boston University (BU) and SEIU reached a tentative agreement in late April 2016 for a first contract involving the BU part-time faculty unit. SEIU was certified on February 18, 2015 as the exclusive representative for the part-time unit. The following is a description of the employees that voted in the representation election: All part time graduate and undergraduate faculty (adjuncts, part-time lecturers, lecturers, part-time instructors, or instructors) employed by Boston University at its Massachusetts campuses to teach at least one credit bearing course (including hybrid and blended courses) in a degree-granting program, and who are compensated on a per course or per hour basis but excluding all tenure or tenure-track faculty; full-time faculty; visiting or contract faculty; School of Medicine faculty (except Division of Graduate Medical Sciences); School of Dental Medicine faculty; deans, provosts, administrators, program coordinators, program directors, department chairs, graduate assistants, graduate students who teach only courses pursuant to a stipend, athletic coaches and faculty who teach only on line, courses at non-Massachusetts campuses, non-degree granting courses including the Center for Professional Education and Center for English Language and Orientation Programs, and/or courses as a teaching supervisor; all other employees employed by the University including those who teach a class or course and are separately compensated for such teaching; and managers, confidential employees, guards and supervisors as defined by the Act.
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Washington University: Adjunct Faculty Unit Ratifies First Contract
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SEIU has announced that the contingent faculty at Washington University have ratified a first contract for a four-year period. The agreement includes salary increases, academic freedom protections, and changes with respect to schedules and job stability for the part-time faculty at the university. The NLRB certified SEIU on January 15, 2015 as the exclusive representative for the following bargaining unit at Washington University:
Included: All part-time non-tenured, non-tenure track and non-research track faculty who teach at least one credit bearing course (including lab instruction, independent study instruction, and co-teaching) in a degree-granting undergraduate program on the Danforth Campus in the following Schools: School of Arts & Sciences, Sam Fox School of Design and Visual Arts, and School of Engineering and Applied Science.
Excluded: All full-time faculty; faculty who have another position at the University that qualifies them for full-time status with the University; tenured, tenure track and research track faculty; deans, provosts, administrators, department chairs; faculty who also serve in a supervisory, managerial or confidential role; faculty who teach only online courses; faculty who teach only courses away from the Danforth Campus; faculty who teach only courses as a field supervisor; faculty who teach courses in a non-degree granting program; faculty to teach at the School of Business, School of Law, School of Social Work and/or School of Medicine; graduate students; graduate assistants; athletic coaches; all other employees, managers, confidential employees, office clerical employees, professional employees, guards and supervisors as defined in the Act.
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California State University: Agreement Reached Averting a Faculty Strike
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A planned five day strike on April 13-15 and 18-19, 2016 at California State University's 23 campuses by the faculty represented by the California Faculty Association (CFA) was averted after the university and CFA reached a tentative agreement for a successor agreement. The tentative agreement has been ratified by the CFA members, and the agreement now awaits ratification by the university's Board of Trustees.
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Comm. Coll. of Allegheny County: A First Contract for Adjunct Faculty
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The Community College of Allegheny County Board of Trustees has ratified a first contract for adjunct faculty in an AFT represented faculty bargaining unit. The contract is for the period of July 1, 2016-June 30, 2019.
The new agreement includes a grievance arbitration procedure, a seniority clause for scheduling, protections for academic freedom, a provision that qualified adjunct employees will have an opportunity to apply and be considered for full-time positions, terms relating to copyright for instructional technology, and performance evaluation criteria.
On July 14, 2015, the Pennsylvania Labor Relations Board issued a certification accreting the community college adjunct faculty into an AFT represented full-time faculty unit with an existing collective bargaining agreement. Thereafter, the college and the AFT chose to negotiate a separate agreement for the adjunct faculty rather than reopen the existing agreement applicable to the full-time faculty. To avoid unintended contractual conflicts, the recently ratified adjunct agreement includes the following language:
The provisions in this Article are intended to be read consistently with, and shall not be deemed or construed to limit, modify or change any terms or conditions in the collective bargaining agreement between the College and its full time faculty (the "Full Time
Faculty Contract") which pertain to development of departmental schedules, course section assignments and/or the appointment of adjunct credit teaching faculty, as are now or may hereinafter be in effect. In the event of any inconsistencies between this Article and the Full Time Faculty Contract, then the terms of the Full Time Faculty Contract will control.
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Green River College: Faculty Strike Over Elimination of Programs
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On May 23, 2016, the Green River College United Faculty Coalition commenced a three-day strike over the planned elimination of 11 programs by the school. According to a media report, the Green River College Board of Trustees has voted in favor of seeking a court injunction against the strike.
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Chatham University: USW Files to Represent FT and PT Faculty
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Chatham University, NLRB Case No. 06-RC-176958
On May 24, 2016, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC (USW) filed a petition to represent approximately 380 faculty members at Chatham University in Pittsburgh, Pennsylvania.
The following is the unit description in the representation petition:
Included: All full-time faculty and part-time faculty, including those who are also employed as non-instructional personnel.
Excluded: All graduate school employees, office clerical employees, all other employees and guards, and supervisors as defined in the Act.
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The Journal of Collective Bargaining in the Academy
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T he National Center is pleased to announce the publication of Volume 7 of the Journal of Collective Bargaining in the Academy (JCBA). JCBA is the National Center's peer review journal co-edited by Jeffrey Cross, Associate Vice President for Academic Affairs, Eastern Illinois University, and Steve Hicks, Associate Professor of English, Lock Haven University of Pennsylvania.
We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor representation, or labor relations to submit articles for potential publication in future JCBA volumes.
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California State University, Fullerton has issued an announcement soliciting applications for the position of Vice President for Human Resources, Diversity and Inclusion. A complete application must include a cover letter addressing the qualifications set forth in the announcement, a curriculum vitae, and the names, e-mail addresses, and phone numbers of five references. References will not be contacted without explicit permission from the candidate. Applications can be submitted in confidence at apps.fullerton.edu/MPPRecruitmentApplicant.
SEIU Local 500 is soliciting applications for the newly created position of Director of Collective Bargaining and Collaborative Engagement. With over 14,000 members, SEIU Local 500 is one of the largest and fastest growing public service unions in the Washington, DC/Maryland/Northern Virginia area. The position will be responsible for managing the union's collective bargaining program and for overseeing the union's commitment to strengthen and further develop effective, sustainable labor-management programs that are member driven and led. Applicants should submit a resume, cover letter, and salary history to: David Rodich, Executive Director SEIU Local 500 , 901 Russell Avenue, Suite 300, Gaithersburg, Maryland 20879,
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