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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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March 26-28, 2017
The National Center's 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. The deadline for the submission of proposals is September 30, 2016. Submissions should be made via email to this address: [email protected].
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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Graduate Assistants: Unionization and Collective Negotiations
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The recent decision by the National Labor Relations Board (NLRB) in Trustees of Columbia University, 364 NLRB No. 90 (2016) holding that teaching and researching assistants are employees under federal labor law, has generated a large number of news stories and editorials.
Since our inception, the National Center has been an important forum for studying and examining unionization and collective bargaining issues with respect to graduate student employees. Those issues were the subject of presentations at our first annual national conference in 1973, and many subsequent conferences. They were also examined in a 1994 article by former National Center Executive Director Frank R. Annunziato.
Below are podcasts from our 2015 and 2016 conferences where labor representatives and administrators explore labor relations issues involving graduate assistant employees in higher education:
2015:
Graduate Assistants: Special Issues and Challenges in Collective Bargaining, Part 1 Graduate Assistants: Special Issues and Challenges in Collective Bargaining, Part 2
Kerr Ballenger, United Faculty of Florida, Past President,Graduate Assistants United President; Margaret E. Winters, Provost & Senior Vice President for Academic Affairs, Wayne State University; John D. Vander Weg, Associate Provost for Academic Personnel, Wayne State University; Peter Chester, Director, Labor Relations, University of California, Carl J. Levine, Levy Ratner, P.C.; Adrienne Eaton, Past President, Rutgers AAUP-AFT & Professor, Labor Studies & Employment Relations, Moderator
Michael Eagen, Director and Counsel, University of Connecticut Office of Faculty and Staff Labor Relations; Kenneth Lang, UAW Region 9A International Representative
Raymond L. Haines, Associate Vice Chancellor for Employee Relations, SUNY;
James Castagnera, Associate Provost/Legal Counsel for Academic Affairs, Rider University, Moderator |
Yale University: UNITE HERE Files to Represent 10 GSE Bargaining Units
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Yale University, NLRB Case Nos. 01-RC-183014, 01-RC-183043, 01-RC-183031, 01-RC-183016, 01-RC-183022, 01-RC-183039, 01-RC-183025, 01-RC-183038, 01-RC-183050, 01-RC-183036.
Less than a week following the NLRB's decision in Trustees of Columbia University, UNITE HERE filed 10 petitions seeking to represent graduate student employees in certain Yale University departments.
The approximate aggregate number of graduate students subject to the petitions is 351. The largest bargaining unit sought is 66 graduate students in Yale's Physics Department. The second largest is a unit of 60 graduate students in the university's Political Science Department, and the third largest is in the History Department.
The effort by UNITE HERE to represent 10 departmentally-based units appears to be founded on uniting principles outlined in the NLRB's 2011 decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) enfd. sub nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013). In that decision, the NLRB reaffirmed that it will apply a community of interest standard to determine whether a proposed discrete bargaining unit is appropriate for purposes of collective bargaining. If the proposed unit is found to be appropriate, an employer can challenge the determination by demonstrating that there is an "overwhelming" community of interest between the employees in the petitioned-for unit and a larger group of employees in the workforce. If the employer fails to meet that burden, the NLRB will certify the proposed small discrete bargaining unit rather than a more traditional wall-to-wall unit.
It is probable, but not certain, that Yale will contest the composition of the petitioned-for units arguing that there is an overwhelming community of interest among the at-issue graduate student employees. If objections are raised, it will be up to the NLRB Region 1 Director to determine whether to permit the university to present evidence on the uniting issue during a pre-election hearing or at a hearing after elections are concluded. Unless voluntarily resolved by the parties, the uniting question might be the subject of extensive litigation.
1. NLRB Case No. 01-RC-183014: East Asian Languages and Literatures Dept.
In this petition, UNITE HERE seeks to represent a unit of approximately 6 graduate students who are regular full-time and part-time Teaching Fellows, part-time Acting Instructors, and Associates in the East Asian Languages and Literatures Department
2. NLRB Case No. 01-RC-183043: English Department
UNITE HERE has petitioned in this case for a bargaining unit of approximately 24 graduate students who are regular full-time and part-time Teaching Fellows, part-time Acting Instructors, and Associates in Teaching in the English Department.
3. NLRB Case No. 01-RC-183031: History of Art Department
The subject of this petition is a proposed bargaining unit of approximately 23 graduate students who are regular full-time and part-time Teaching Fellows, Graders, part-time Acting Instructors, and Associates in Teaching in the History of Art Department.
4. NLRB Case No. 01-RC-183016: Math Department
In this petition, UNITE HERE seeks to be certified to represent a unit of approximately 9
graduate students who are regular full-time and part-time Teaching Fellows, Graders, Part-Time Acting Instructors, and Associates in Teaching in the Math Department.
5. NLRB Case No. 01-RC-183022: Geology & Geophysics Department
UNITE HERE seeks to represent in this case a bargaining unit of approximately 14 graduate students who are regular full-time and part-time Teaching Fellows, Graders, Part-Time Acting Instructors, and Associates in Teaching in the Geology & Geophysics Department.
6. NLRB Case No. 01-RC-183039: Physics Department
The subject of this petition is a proposed bargaining unit of approximately 66
graduate students who are regular full-time and part-time Teaching Fellows, Graders, Part-Time Acting Instructors, and Associates in Teaching in the Physics Department.
7. NLRB Case No. 01-RC-183025: History Department
UNITE HERE seeks certification in this petition of a bargaining unit of 55 graduate students who are regular full-time and part-time Teaching Fellows, Graders, part-time Acting Instructors, and Associates in Teaching in the History Department.
8. NLRB Case No. 01-RC-183038: Political Science Department
In this petition, UNITE HERE seeks to represent a bargaining unit of approximately
60 graduate students who are regular full-time and part-time Teaching Fellows, Graders, Part-Time Acting Instructors, and Associates in Teaching in the Political Science Department.
9. NLRB Case No. 01-RC-183050: Sociology Department The subject of this representation petition is a proposed unit of 18 graduate students who are regular full-time and part-time Teaching Fellows, Graders, Part-Time Acting Instructors, and Associates in Teaching in the Sociology Department. 10. NLRB Case No: 01-RC-183036: Comparative Literature Department.
UNITE HERE seeks in this petition to represent approximately 22
graduate students who are regular full-time and part-time Teaching Fellows, Part-Time Acting Instructors, and Associates in Teaching in the Comparative Literature Department.
Scholars and practitioners of collective bargaining and labor relations will recall that unionization efforts by graduate assistants at Yale University date back decades. The disputes and controversies stemming from those organizing efforts, including the grade strike in the mid-1990s, have been discussed and analyzed in a number of books, essays, and articles.
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Goucher College: SEIU Certified to Represent Non-Tenure Track Faculty
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Goucher College, NLRB Case No. 05-RC-139478 Following the NLRB Board's August 11, 2016 decision ordering a new vote count in a faculty representation election at Goucher College, the NLRB Region 5 office conducted a second ballot tally on August 18, 2016. The tally found that in a unit of 99 non-tenure track faculty, 40 voted in favor of union representation, 36 voted against, and 2 additional ballots were challenged. As a result of the second tally, SEIU was certified on August 26, 2016 as the exclusive representative of the following bargaining unit at Goucher College: All full-time, part-time and half-time, non-tenure and non-tenure track faculty employed by Goucher College to teach at least one credit bearing classes, lessons or labs (including but not limited to Post-Doctoral Teaching Fellows) on its campus located at 1021 Dulaney Valley Road, Baltimore, Maryland 21204; but excluding all graduate and post graduate faculty and teaching fellows, all faculty in the Welch Graduate Studies Center, all tenure and tenure track faculty, all other employees whether or not they have teaching responsibilities, including but not limited to program directors, department chairs, graduate students, teaching associates, teaching assistants, librarians, registrars, deans, provosts, administrators, coaches, office clerical employees, managers, confidential employees, guards and supervisors as defined in the Act.
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Minneapolis Coll. of Art and Design: SEIU Files to Represent FT/PT Unit
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Minneapolis College of Art and Design, NLRB Case No. 18-RC-182546 On August 22, 2016, SEIU filed a petition with the NLRB seeking to be certified as the exclusive representative of a unit of approximately 140 full-time and part-time faculty at the Minneapolis College of Art and Design. The following is the proposed unit description: Included: All full-time and part-time faculty who teach undergraduate or graduate-level credit-earning courses or labs (including but not limited to the following titles: Adjunct Faculty, Adjunct Professor, Assistant Professor, Associate Professor, Instructor, Professor or Visiting Faculty).
Excluded: All administrators (including Deans, Directors, Provosts, and Chairs who may have teaching assignments); Graduate Students (including those teaching courses in addition to being paid a stipend); all other employees at Minneapolis College of Art and Design (including those who teach a class or course and are separately compensated for such teaching); managers, confidential employees, office clerical employees, professional employees, guards, and supervisors as defined by the Act.
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Tallahassee Community College Board of Trustees: UFF Certified
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Tallahassee Community College Board of Trustees, FPERC Case No. EL-2016-018
On August 4, 2016, the Florida Public Employees Relations Commission (FPERC) conducted a tally of mail ballots in a representation case filed by United Faculty of Florida (UFF) seeking to represent a unit of 185 full-time faculty, counselors and librarians. The tally found that 139 faculty and professionals voted in favor of unionization and 22 voted against.
As a result of the vote tally, UFF was certified on August 22, 2016 as the exclusive representative of the following bargaining unit:
Included: Full-time faculty, counselors, and librarian.
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.
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Florida Polytechnic Univ. Board of Trustees: Election to be Scheduled
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Florida Polytechnic University Board of Trustees, FPERC Case No. RC-005
The Florida Public Employees Relations Commission will be conducting an election concerning a representation petition filed by United Faculty of Florida (UFF) seeking to represent approximately 40 faculty and professional employees at Florida Polytechnic University of Board of Trustees. The election has not yet been scheduled.
In its petition, UFF seeks to represent the following proposed bargaining unit:
Included: All professional employees holding regular, visiting, provisional, research, affiliate, or joint appointments whose primary duties are teaching, research and service and those professional employees holding these appointments whose primary duties are in direct support of the University's educational and applied research mission, including the following classifications: Professor; Associate Professor; Assistant Professor; Instructor; Lecturer; Wellness Counselor; Librarian; Assistant Librarian; and the faculty in the Florida Institute for Phosphate Research.
Excluded: All other employees of the Florida Polytechnic University, including President; Vice President; Executive Vice President; Provost; Vice Provost; General Counsel; Assistant General Counsel; other non-faculty administrative positions, employee serving as members of teh Board of Trustees; and managerial and confidential employees.
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| Columbia Coll. Chicago: Petition to Add Additional FT Staff Dismissed |
Columbia College Chicago, NLRB Case No. 13-RC-146452 NLRB Region 13 Regional Director Peter Sung Ohr issued a decision on August 30, 2016 dismissing a petition by the United Staff of Columbia College, NEA-IEA. The petition had sought to accrete through a self-determination election over 50 full-time college staff who are also part-time faculty at the school. The Regional Director dismissed the petition because the at-issue employees are dual function employees who are already in a bargaining unit represented by the Part-Time Faculty Association at Columbia College, and subject to an existing contract with the college. Under NLRB precedent, an unexpired agreement concerning a group of employees constitutes a contract bar to the processing of a petition.
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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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