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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
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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 on other topics as well as with respect to recently published books relevant to labor relations and collective bargaining.
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| Conference Webcast: LGBT Issues in Higher Education Labor Relations |
Click here for a webcast of the panel discussion from our 2016 conference concerning LGBT issues in higher education labor relations. The moderator is Elizabethe C. Payne, Interim Director, LGBT Social Science and Public Policy Center, Roosevelt House, Visiting Associate Professor, Hunter College, CUNY and Director, The Queering Education Research Institute. The panelists are Rosemary DiSavino, Senior Trial Attorney, United States Equal Employment Opportunity Commission; Sean Robinson, Morgan State University Associate Professor of Higher Education; and Rachel V. See, National Labor Relations Board.
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| Conference Webcast: Negotiating Over Technology in Contracts and Curriculum: Copyright or Copyleft? |
Below is a webcast of the panel discussion from our 2016 conference concerning negotiations over intellectual property. The panel was moderated by Richard Novak, Vice President for Continuing Studies and Distance Education, Rutgers University. The panelists are: Greg Saltzman, E. Maynard Aris Professor of Economics and Management, Albion College; Gary Rhoades, Professor and Director, Center for the Study of Higher Education, University of Arizona; and Michael W. Klein, Executive Director, New Jersey Association of State Colleges and Universities.
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| Conference Podcast: The History, State, and Future of Shared Governance |
| Click here for a podcast of the panel discussion from our 2016 conference on the history, state, and future of shared governance. Scott Jaschik, Editor, Inside Higher Ed moderated the panel. The panelists are: Larry G. Gerber, Professor Emeritus of History, Auburn University, and former Chair of the AAUP Committee on College and University Governance; Barbara Lee, Senior Vice President for Academic Affairs, Rutgers University; and M. Brian Blake, Executive Vice President for Academic Affairs and Provost, Drexel University.
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Conference Podcast: Faculty as Mandatory Reporters Under Title IX
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| Click here for a podcast of the panel discussion from our 2016 conference on faculty as mandatory reporters under Title IX. The panel is moderated by Jeffrey Frumkin, Associate Vice Provost and Senior Director, Academic Human Resources, University of MIchigan, and a member of the National Center's Board of Advisors. The panelists are Coleen Chin, Senior Attorney, U.S. Department of Education, Office of Civil Rights; John T. Rose, Dean for Diversity, Hunter College, City University of New York; Yael Wepman, Director of EEO & Title IX Coordinator, St. John's University.
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Conference Podcast: Title IX, Academic Freedom, and Due Process
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Click here for a podcast of the panel discussion from our 2016 conference on Title IX, Academic Freedom, and Due Process The panel moderator is Peter Schmidt, Senior Writer, Chronicle of Higher Education. The panelists are Risa Lieberwitz, Professor, Labor and Employment Law, Cornell ILR, and AAUP General Counsel; Rana M. Jaleel, UC Davis, and AAUP Committee W; and Suzanne B. Goldberg, Executive Vice President for University Life, Columbia University.
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State College of Florida Board of Trustees: Representation Election Ordered
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State College of Florida Board of Trustees, FPERC Case Nos, RC-2016-004; EL-16022
The United Faculty of Florida (UFF) filed a representation petition with the Florida Public Employees Relations Commission (FPERC) on February 3, 2016 seeking to be certified as the exclusive representative of a bargaining unit at the State College of Florida Board of Trustees (College). The petition stated that it was supported by 81 showing of interest statements.
Prior to a scheduled hearing concerning the petition, the parties entered into a consent election agreement concerning the scope of the proposed unit.
On July 14, 2016, FPERC issued an order approving the consent election agreement and directing that an election be scheduled as soon as practicable. The order directed the College to file with FPERC and deliver to UFF an election eligibility list with the names and addresses of employees in the at-issue bargaining unit.
The following is the agreed upon unit:
Included: All full-time employees in the lower division position classifications of instructor, associate professor, assistant professor, and professor.
Excluded: All other employees of the State College of Florida Board of Trustees including program directors, librarians, advisors, department chairs, all employees of the Collegiate School, all faculty in the baccalaureate program, and all confidential and managerial employees.
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Tallahassee Community College Board of Trustees: An Election Ordered
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Tallahassee Community College Board of Trustees, FPERC Case No. RC-2016-012
The United Faculty of Florida (UFF) filed a representation petition with the Florida Public Employees Relations Commission (FPERC) on May 6, 2016 seeking to be certified as the exclusive representative of a bargaining unit composed of approximately 188 full-time faculty, counselors, and librarians employed by the Tallahassee Community College Board of Trustees (Community College). The petition stated that it was supported by 129 showing of interest statements. Excluded from the proposed unit were adjunct and part-time faculty.
On June 17, 2016, the FPERC hearing officer issued an order recommending that the agency approve the following Community College bargaining unit:
Included: Full-time Faculty, Counselors, and Librarians.
Excluded: All managerial, administrative, supervisory, and confidential employees including, but not limited to, Executive Positions, Administrative Positions, Managerial Professional Positions, Classified Staff Professional Positions, and Classified Staff Positions. Also excluded are all Adjunct and Part-time Faculty positions.
On June 24, 2016, FPERC approved the hearing officer's recommendation, and directed that an election be scheduled as soon as practicable. The order directed the Community College to file with FPERC and deliver to UFF an election eligibility list with the names and address of employees in the at-issue bargaining unit.
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Cayuga Community College: NYSUT Certified to Represent Adjunct Unit
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Cayuga Community College, NYPERB Case No. C-6254
On July 13, 2016, the New York Public Employment Relations Board (NYPERB) certified the Cayuga Community College Part-Time Faculty Association, NYSUT, AFT, NEA, AFL as the exclusive representative of approximate 230 adjunct faculty at Cayuga Community College. In a prior decision, NYPERB had determined that the adjunct faculty belonged in a separate unit from the full-time faculty at the college.
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Northwestern Univ.: Adjunct Faculty Vote in Favor of SEIU Representation
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Northwestern University, NLRB Case No. 13-RC-177943
On July 19, 2016, the National Labor Relations Board Region 13 conducted a tally of ballots in a mail ballot election concerning a representation petition filed by SEIU seeking to represent approximately 678 adjunct faculty at Northwestern University. Of the 356 ballots cast, 210 were in favor of union representation, and 146 were against. An additional 134 ballots were challenged, which will likely lead to post-election administrative litigation unless no election objections are filed or the NLRB Regional Director finds that the challenged ballots do not raise substantial and material factual issues.
The following is the at-issue adjunct unit at Northwestern University:
Included: All full-time and part-time graduate and undergraduate non-tenure-eligible faculty (including the following titles: Adjunct Faculty; Adjunct Instructors; Adjunct Lecturers; Adjunct Assistant Professors; Adjunct Associate Professors; Adjunct Professors; Clinical Assistant Professors; Clinical Associate Professors; Clinical Professors; Artists-in-Residence; Instructors; Lecturers; Senior Lecturers; Distinguished Senior Lecturers; Visiting Assistant Professors in the Weinberg College of Arts and Sciences; Assistant Professors of Instruction; Associate Professors of Instruction; Professors of Instruction; and Weinberg College of Arts and Sciences Advisors who hold teaching-track appointments) employed by Northwestern University and have taught at least one credit bearing course in a degree granting program at Weinberg College of Arts and Sciences, McCormick School of Engineering & Applied Sciences, Bienen School of Music, the School of Communication, the School of Education & Social Policy, Medill School of Journalism, and the Graduate School.
Excluded: All tenured faculty, tenure-eligible faculty, emeritus faculty, Postdoctoral Fellows, Visiting Postdocs, All Other Postdoctoral Job Classifications, Visiting Faculty, Visiting Lecturers, Visiting Scholars, Visiting Associate Professors, Visiting Professors, Research Assistant Professors, Research Associate Professors, Research Professors, faculty in non-degree granting programs, the Feinberg School of Medicine faculty, the Pritzker Law School faculty, the Kellogg School of Business faculty, the School for Professional Studies faculty, Northwestern in Qatar faculty, all faculty teaching only at the Chicago or Doha campuses, all administrators (including deans, directors, provosts, and chairs who may have teaching assignments), other administrators and staff who have teaching assignments, faculty who are paid directly or indirectly by other entities including governments, other academic institutions and other organizations, graduate students, athletic coaches, all other employees employed at the University, including those who teach a class or course and are separately compensated for such teaching, managers, confidential employees, office clerical employees, and guards and supervisors as defined in the Act. Those eligible to vote in the election are employees in the above unit who were employed during the payroll period ending May 31, 2016, and who have taught at least one credit bearing course in a degree granting program in the Spring 2016, Winter 2016 or Fall 2015 quarters, and who were also active in the University's HRIS system as of May 31, 2016.
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Loyola University Chicago: Request for Review Over Jurisdiction Denied
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Loyola University Chicago, NLRB Case No. 13-RC-168082
The National Labor Relations Board issued a decision on July 20, 2016 denying Loyola University Chicago's request for review of the decision and direction of election issued by the Region 13 Acting Director on March 4, 2016. Following an election, SEIU was certified to represent 11 full-time and part-time ESL faculty and team members at the university.
In denying the university's request for review the NLRB majority ruled that the Acting Regional Director reached the correct legal conclusion that the agency had jurisdiction over the religiously affiliated institution under the standards set forth in Pacific Lutheran University, 361 NLRB No.157 (2014). In dissent, Board Member Miscimarra reiterated his disagreement with the test formulated in Pacific Lutheran University. He stated that he would have granted the university's request for review because there are substantial questions "regarding whether the Board lacks jurisdiction over the University as a religiously affiliated educational institution and whether the Pacific Lutheran standard is unconstitutional under the First Amendment."
The university's request for review in another representation case, NLRB Case No. 13-RC-164618, where SEIU was certified to represent a bargaining unit of 326 full-time and part-time graduate and undergraduate non-tenure-track faculty, remains pending at the NLRB. In that case, the university also argues that the agency lacks jurisdiction because of the institution's religious affiliation.
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Oakton Community College: Adjunct Union Charge to Proceed
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Oakton Community College District 535, IELRB Case No. 2015-CA-0096-C
In 2015, the Adjunct Faculty Association, IEA/NEA, filed an unfair labor practice charge alleging that the Oakton Community College District 535 violated the Illinois Educational Labor Relations Act when it unilaterally changed the job qualifications for bargaining unit members. The charge was initially dismissed by the agency's Executive Director based upon his deferral to an arbitration award issued concerning a grievance by one of the members of the bargaining unit.
On July 21, 2016, the Illinois Educational Labor Relations Board (IELRB) issued a decision and order overturning the dismissal of the charge. The IELRB concluded that there are questions of law or fact as to whether deferral to the arbitration award is proper, and whether job qualifications are a mandatory subject of negotiations. As a result, IELRB ordered the issuance of a complaint and a notice of hearing concerning the alleged violation by the community college of its duty to bargaining in good faith.
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The Journal of Collective Bargaining in the Academy
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The Journal of Collective Bargaining in the Academy (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. The most recent volume of JCBA is available here.
We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor representation, labor relations, and labor history to submit articles for potential publication in future JCBA volumes.
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Donate to Support the National Center's Work and Mission
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National Center for the Study of Collective Bargaining in Higher Education and the Professions
425 E 25th St.
Box 615
New York, NY 10010
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Copyright � 2016. All Rights Reserved.
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