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NATIONAL CENTER
for the
S
tudy of
C
ollective
B
argaining in
H
igher
E
ducation and the
P
rofessions
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Follow us on Twitter @HigherEd_CB
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Save the Date for National Center's 45th Annual Conference
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45th Annual Conference in NYC: April 15-17, 2018
Mark you calendars for the National Center's annual labor-management conference that will take place on April 15-17, 2018 at the CUNY Graduate Center in New York City.
We are pleased to announce the confirmed speakers for the conference plenary session
on
Dr. Martin Luther King, Jr. and his legacy for our times:
William P. Jones, University of Minnesota
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Register Now for Regional Conference in Long Beach on Dec. 1-2, 2017
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Register Now for the National Center's regional conference at California State University, Long Beach on December 1-2, 2017. The conference will include multiple panels relevant to administrators, faculty, and staff at universities, colleges, and community colleges:
Panel Presentations
Plenary: The Impact of Immigration Enforcement on Higher Education
Unionization and Bargaining Regarding Adjunct Faculty
Current Labor-Management Issues for College Classified Staff
Strategies and Challenges in Higher Education Funding
Current Labor-Management Issues at Community Colleges
Collective Bargaining and Labor Relations for
Administrators and Labor Representative
Discipline: How to Investigate, Present, and Defend
Closing Plenary: Where Do We Go From Here?
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Confirmed Participants
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Jennifer Baker, Legislative Advocate, California Teachers Association
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Rene Castro, Assistant Vice Chancellor, California State University
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David Cecil, Executive Director, United Academics of the University of Oregon
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Kathleen Chavira, Assistant Vice Chancellor, Advocacy & State Relations, CSU
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William Connellan, Assistant Provost, University of Florida
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Theodore Curry, Associate Provost, Associate Vice President, Michigan State University
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Malini Cadambi Daniel, Higher Education Campaign Director, SEIU
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Rose DelGaudio, Vice President, Human Resources, Long Beach City College
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Jennifer Eagan, President, California Faculty Association
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Peter Fehrs, Senior Labor Relations Coordinator, University of Oregon
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Nadine Fishel, Associate Director, Labor Relations, University of California
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Ruben Garcia, Associate Dean, William S. Boyd School of Law, University of Nevada, LV
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Paul Gaston, Trustees Professor Emeritus, Kent State University
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R
ufus Glasper, President and CEO, League for Innovation in the Community College
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Alexandra Robert Gordon, Deputy Attorney General, California Department of Justice
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Nicole Hochsprung, Senior Policy Associate, AFT Higher Ed
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Michelle Hunt, Associate VP Faculty Affairs, California State University, San Marcos
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Mariann Hyland, Assistant Vice Provost for Academic Affairs, University of Oregon
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Jo Ann Juarez-Salazar, Executive Director, California State University Employees Union
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Jonathan Karpf, Associate Vice President, California Faculty Association
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Adrianna Kezar, Professor, USC, Co-Director Pullias Center and Director Delphi Project
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Jennifer Koh, Professor and Director, Immigration Clinic, Western State College of Law
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Karen Ling, Faculty Immigration Advisor, California State University, East Bay
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Molly Malone, Public Services Director, SEIU Local 503, OPEU
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Mia McIver, President, University Council/AFT
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Jon C. McNutt, Musick, Peeler & Garrett LLP
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Margaret Merryfield, Assistant Vice Chancellor, California State University
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Laura Metune, Vice Chancellor, Governmental Relations, CA CC Chancellor's Office
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Theresa Montaño, Vice President, California Teachers Association
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Colleen Mullery, Senior Associate VP Faculty Affairs and HR, Humboldt State University
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Maria Keegan Myers, Rothner, Segall & Greenstone
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Alex Najera, ELR Representative, University of California, Riverside
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Lynette Nyaggah, President, Community College Association, CTA-NEA
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Mara M. Otero, Senior Labor Relations Representative, CSEA North Bay
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Doug W. Otto, Trustee of Long Beach Community College
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Gary Rhoades, Professor and Director, Center for the Study of Higher Education,
University of Arizona
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William Scroggins, President and CEO, Mt. San Antonio College
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DeWayne Sheaffer, President, National Council for Higher Education/NEA
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Kathy Sheffield, Director of Representation, California Faculty Association
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Robert Shireman, Senior Fellow, Century Foundation
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Debbie Smith, Associate Counsel, SEIU
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Karen Stubaus, Vice President, Academic Affairs & Administration, Rutgers University
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John Swarbrick, Associate Vice Chancellor, California State University
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Lillian Taiz, Chair, California Faculty Association Political Action/Legislative Committee
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David Weinberg, Arbitrator and Mediator
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Steven Wyllie, Supervisory Attorney, National Labor Relations Board Region 31
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Program on the Taylor Law at 50 at Hunter College's Roosevelt House
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On September 26, 2017, Hunter College will be hosting a public policy program at Roosevelt House in New York City examining New York's Taylor Law.
In advance of the program, National Center Executive Director William A. Herbert and CUNY Graduate Center Professor Joshua B. Freeman were interviewed about the history of the Taylor Law on New York public radio's The Brian Lehrer Show.
Mr. Herbert has also published an essay on former New York State Public Employment Relations Board Chairperson Jerome Lefkowitz who presented a paper at the National Center's first annual conference in 1973 on the certification of units in higher education.
The Taylor Law program on September 26, 2017 is being sponsored by the Roosevelt House Public Policy Institute, the National Center, and the Joseph S. Murphy Institute for Worker Education and Labor Studies. The program will include panels examining the Taylor Law in historical context, and exploring the future of public sector unionization and collective bargaining.
Program participants will include:
William A. Herbert, Distinguished Lecturer, Hunter College, and Executive Director, National Center for the Study of Collective Bargaining in Higher Education and the Professions
John Wirenius, Chairperson, New York State Public Employment Relations Board
Joshua B. Freeman, Distinguished Professor, CUNY Graduate Center and Queens College
Martin H. Malin, Professor of Law and Director of the Institute for Law and the Workplace, Chicago-Kent College of Law
Joseph A. McCartin, Professor, Georgetown University and Executive Director, Kalmanovitz Initiative for Labor and the Working Poor
Kimberly Phillips-Fein, Associate Professor, Gallatin School, New York University
Marilyn Sneiderman, Professor and Director, Center for Innovation in Worker
Organization, Rutgers University School of Management and Labor Relations
Ben Gordon, National Staff, Metro IAF and former CSEA Director of Organizing
Terry Melvin, President, Coalition of Black Trade Unionists and NYS AFL-CIO Secretary-Treasurer
Ashwini Sukthankar, Secretary/Treasurer, International Commission for Labor Rights
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Community College of Vermont: Election Scheduled for PT Instructors
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Community College of Vermont, VLRB Docket No. 17-29
The Vermont Labor Relations Board has scheduled a mail ballot election concerning a representation petition filed by the AFT seeking to represent approximately 515 part-time lecturers working for the Community College of Vermont. The ballots were scheduled to be mailed out on September 15, 2017 and will be counted on October 12, 2017 at the agency's headquarters in Montpelier.
The following is the agreed upon PT-NTT bargaining unit:
Instructors employed by the Community College of Vermont who meet the following requirements comprise an appropriate bargaining unit: 1) have been employed for at least four semesters out of the previous four academic years, or who currently are in their fourth teaching semester; and 2) have taught at least three credit hours in the prior academic year (fall semester, spring semester and summer semester taken together are considered the academic year as defined by CCV).
After initial entry into the bargaining unit, instructor will exit from the bargaining unit following any complete September to August period in which they have not taught at least three credits. August 31st will be considered the exit date (e.g., if someone teaches in the Fall of 2017, he or she stays in the unit until August 31, 2019, even if he or she has not taught three credits during that period.)
Excluded from the unit are full or part time Coordinators of Academic Services, Deans, Associate Deans, Assistant Deans, and Directors; professional, administrative, technical and clerical employees whose primary assignment or appointment is as a staff person; all full-time employees regardless of position; blue collar, maintenance, security and other non-professional employees; and all confidential, supervisory, and managerial employees. Also excluded from the unit are all other employees who are otherwise covered by a collective bargaining agreement with the Vermont State Colleges, with the exception of those employees represented by the Part-Time Faculty Federation. Teaching service during a period of employment with CCV in which such an employee was excluded from the unit will not count for future unit eligibility.
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University of Chicago: Election Scheduled for GSE Bargaining Unit
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University of Chicago, NLRB Case No. 13-RC-198325
On August 8, 2017, NLRB Regional Director Peter Sung Ohr issued a
Decision and Direction of Election with respect to a representation petition filed by Graduate Student United, IFT-AAUP seeking to represent a unit of all full-time and regular part-time teaching assistants, research assistants, course assistants, workshop coordinators, writing interns, preceptors, language assistants, instructors, lecturers, lectors, and teaching interns in the School of Divinity, the School of Social Services Administration, Division of Social Sciences, Division of Humanities, Division of Biological Sciences, and Division of Physical Sciences.
In his decision, the Regional Director concluded that the at-issue graduate students are employees subject to the National Labor Relations Act pursuant to the NLRB decision in
Columbia University, 364 NLRB No. 90 (2016) because they receive compensation for performing services for the university under its direction and control.
The Regional Director directed an on-site election to take place on October 17 and 18, 2017 at a location to be determined
The following is the GSE bargaining unit found to be appropriate at the University of Chicago:
Included: All graduate students who are full-time and regular part-time teaching assistants, research assistants, course assistants, workshop coordinators, writing interns, preceptors, language assistants, instructors, lecturers, lectors, and teaching interns in the School of Divinity, School of Social Services Administration, Division of Social Sciences, Division of Humanities, Division of Biological Sciences, and Division of Physical Sciences employed by the Employer at its campus in Chicago, Illinois.
Excluded: All other employees, managerial employees, guards, and supervisors as defined in the Act.
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University of Minnesota: Court Excludes NTT from Faculty Unit
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Petition for Determination of An Appropriate Unit and Certification
State of Minnesota Court of Appeals, A16-1985
On September 5, 2017, the State of Minnesota Court of Appeals issued a
decision reversing a uniting determination by the Minnesota Bureau of Mediation Services (BMS) concerning University of Minnesota lecturers, senior lecturers, teaching specialists, and senior specialists. The appellate court concluded that those classifications of employees should be placed in a statutorily defined unit for academic professionals and administrative staff rather than the Twin Cities Instructional Unit, which SEIU petitioned to represent.
Background
Unlike other states, the composition of bargaining units at the University of Minnesota are codified in the Minnesota Public Employment Labor Relations Act (PELRA).
8) The Twin Cities Instructional Unit consists of the positions of all instructional employees with the rank of professor, associate professor, assistant professor, including research associate or instructor, including research fellow, located on the Twin Cities campuses;
(9) The Outstate Instructional Unit consists of the positions of all instructional employees with the rank of professor, associate professor, assistant professor, including research associate or instructor, including research fellow, located at the Duluth campus, provided that the positions of instructional employees of the same ranks at the Morris, Crookston, or Waseca campuses shall be included within this unit if a majority of the eligible employees voting at a campus so vote during an election conducted by the commissioner, provided that the election shall not be held until the Duluth campus has voted in favor of representation....;
(10) The Graduate Assistant Unit consists of the positions of all graduate assistants who are enrolled in the graduate school and who hold the rank of research assistant, teaching assistant, teaching associate I or II, project assistant, or administrative fellow I or II;
(11) The Academic Professional and Administrative Staff Unit consists of all academic professional and administrative staff positions that are not defined as included in an instructional unit, the supervisory unit, the clerical unit, or the technical unit.
In 2016, SEIU petitioned to represent Unit 8 consisting of all instructional employees at the University of Minnesota Twin Cities campus. The Minnesota BMS ruled that the classifications of
lecturers, senior lecturers, teaching specialists, and senior specialists had not been assigned to a particular unit PELRA. It also found, following a hearing, that they should be included in Unit 8 because they shared a community of interest with the faculty titles listed in the applicable statutory subsection.
Appellate Decision
In its decision, the Minnesota Court of Appeals determined two issues, one requiring statutory interpretation and the other requiring a review of evidence in the record. The appellate court found that the plain unambiguous language of the statute excludes the at-issue employee classifications from the faculty titles identified by rank in Unit 8. It also found that the administrative record lacked substantial evidence to support the BMS's factual finding that the duties of the at-issue classifications had been significantly changed thereby giving BMS authority to assign the positions to another unit.
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Boston College: GSE Vote in Favor of UAW Representation
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Boston College, NLRB Case No. 01-RC-194148
On September 11, 2017, the NLRB Board issued a
decision denying a request by Boston College to stay the representation election scheduled to take place on September 12 and 13, 2017 involving graduate student employees. The election proceeded and the graduate student employees voted 270-224 in favor of UAW representation in a unit of approximately 778 employees.
On May 17, 2017, NLRB Regional Director John J. Walsh, Jr. had issued a
Decision and Direction of Election. In his decision, Regional Director Walsh rejected the college's contention that the NLRB should not assert jurisdiction because of the college's religious affiliation and mission. He also rejected the college's argument that its graduate students were not statutory employees under the National Labor Relations Act.
The following is the unit found to be appropriate by Regional Director Walsh:
Included: All graduate students employed by Boston College at its Chestnut Hill, Massachusetts facility in the positions of: Graduate assistant - other; Graduate assistant - other 15; Graduate assistant - research; Graduate research assistant; Research assistant - ledger; Teaching fellow; Teaching fellow - 15; Teaching assistant;
Excluded: Undergraduates, including undergraduate tutors, undergraduate research assistants, and undergraduate faculty research assistants
, all students working in the School of Theology and Ministry, all students working the in Division of Mission and Ministry
Graduate students who work as graders shall be permitted to vote subject to challenge.
Boston College has a pending Request for Review seeking to challenge the Regional Director's decision. In its request, Boston College argues that the Regional Director erred in asserting jurisdiction over the question of representation and it challenges the standards articulated by the NLRB in Pacific Lutheran University, 361 NLRB No. 157 (2014) and Saint Xavier University, 365 NLRB No. 54 (2017) for determining jurisdiction over a religiously-affiliated institution. The institution also argues that the NLRB's decision in Columbia University, 364 NLRB No. 90 (2016), finding graduate and research assistants are covered under the National Labor Relations Act, was wrongfully decided and should be reversed. The UAW opposes Boston College's Request for Review.
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Washington University: SEIU Files To Represent GSE Unit
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Washington University, NLRB Case No. 14-RC-206299
On September 15, 2017, SEIU filed a petition seeking to represent a bargaining unit of approximately 640 graduate student employees at Washington University.
The following is the proposed GSE bargaining unit:
Included:
All graduate student in Departments and Programs of the College of Arts and Sciences, housed on the Danforth Campus, who are working toward PhD or Masters degrees offered by the Employer's Graduate School and who are employed by the Employer to provide instructional services in undergraduate or graduate classrooms or labs or to provide research services in a Department or Program of the College of Arts and Sciences, housed on the Danforth Campus, including, but not limited to such workers known as Graders, Instructors, and Assistants to Instructor, also known as Teaching Assistants, Research Assistants, and Instructional Aides, excluding all other guards and supervisors as defined by the Act and all other employees.
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Northwestern University: SEIU Files ULP Over Refusal to Bargain
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Northwestern University, NLRB Case No.
13-CA-206176
On September 14, 2017, SEIU filed an
unfair labor practice charge with the NLRB charging that Northwestern University has refused to recognize SEIU and has refused to furnish information for purposes of collective bargaining. The charge is
related to the certification of SEIU to represent the following non-tenure track faculty unit, which Northwestern is challenging.
The following is the at-issue bargaining unit:
Including: 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.
Excluding: 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.
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Vanderbilt University: Post-Hearing Briefs Filed in Adjunct Micro-Unit Elections
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Vanderbilt University, NLRB Case No. 10-RC-193205
SEIU and Vanderbilt University have filed post-hearing briefs on August 22, 2017 stemming from the elections involving micro-units of full-time and part-time non-tenure track faculty at Vanderbilt University.
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Temple University: Tentative Agreement Reached for Adjuncts
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Temple University and the Temple Association of University Professionals (TAUP) reached a
tentative agreement on August 28, 2017 for a first contract for the adjunct faculty who had been accreted into the TAUP bargaining unit by a decision and order of the Pennsylvania Labor Relations Board.
The tentative agreement, if ratified, will direct that the TAUP "bargaining unit shall include all part-time faculty on payroll in adjunct faculty classifications during any full or partial semester provided that:
1. The individual has primary responsibilities for classes or labs bearing a total of 2 credits or more or performs research or provides instruction to students as artist-in-residence or clinical adjunct faculty for 10 hours per week or more; and
2. The individual has had primary responsibilities for classes or labs bearing a total of 2 credits or more or performed research or provides instruction to students as artist-in-residence or clinical adjunct faculty for 10 hours per week or more in at least one full or partial semester in the immediately preceding 3 semesters."
The tentative agreement will amend the Temple University-TAUP collective bargaining agreement to provide that the minimum salaries for adjunct faculty will be $1,425 per course in 2017-18, and $1,500 per course in 2018-19. Instrumentalists, jazz, voice, and keyboard artists will receive $5 per hour added to their minimum salary. Unit members who receive a salary above the new minimum but below $1,500 will receive a one time payment of $150 in the first semester of 2017-18.
In the agreement, the university reserves the right to to pay adjunct faculty above the negotiated minimums. The agreement also includes eligibility criteria for adjunct faculty to receive a partial subsidy for single benefit coverage.
The tentative agreement calls for the subject of academic freedom in the contract's preamble to be applicable to adjunct faculty as it relates to their performance of assigned duties at the university. The parties, however, explicitly disagree as to whether the breaches of the preamble are subject to the contract's grievance-arbitration process.
The parties have also tentatively agreed to a grievance-arbitration procedure and a just cause provision for adjunct faculty.
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Siena College: Tentative Agreement Reached with SEIU for Adjuncts
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According to a
media report, the adjunct faculty represented by SEIU at Siena College has ratified a tentative agreement for a first contract. The tentative agreement still awaits ratification by the Siena College Board of Trustees.
It is reported that under the tentative agreement, Siena College adjunct faculty would be paid between $2,500 to $3,425 for each three-credit course. The agreement also provides for adjunct faculty being eligible for three year appointments if they meet certain defined criteria.
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Emerson College: AAUP Files to Add Term Faculty to Bargaining Unit
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Emerson College, NLRB Case No. 01-RC-204689
On August 18, 2017, AAUP filed a representation petition seeking to add Term Faculty, Non-renewable Term Faculty and Distinguished Term Faculty to its existing bargaining FTT unit. However, the petition was withdrawn on September 6, 2017.
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Life University: EEOC Files Race Discrimination and Retaliation Lawsuit
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The United States Equal Employment Opportunity Commission (EEOC) has commenced a lawsuit under Title VII of the 1964 Civil Rights Act against Life University, Inc., a chiropractic college
in Georgia. In the lawsuit, the EEOC alleges that the college discriminated against two African-American employees and then subjected them to retailiation by terminating them.
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Merrimack College: IBT Files Petition to Represent Facilities Employees
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Merrimack College, NLRB Case No. 01-RC-204776
On September 8, 2017, the NLRB tallied the ballots in a representation election stemming from a petition filed by the International Brotherhood of Teamsters seeking to represent a unit of full-time and part-time facilities employees at Merrimack College. In a unit of approximately 28, 19 employees voted in favor of union representation and 5 voted against.
The following is the at-issue unit at Merrimack College:
Included: All regular full-time and regular part-tme Merrimack College Facilities Employees.
Excluded: Employees, managerial employees, confidential employees, guards and supervisors as defined in the Act.
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Wash. State Univ.: Union Certified to Represent Facilities Employees
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Washington State University, WPERC Decision 12764 (PSRA, 2017)
On August 11, the Washington Public Employment Relations Commission
certified Washington Federation of State Employees, following a card check, to represent the following unit at Washington State University:
All non-supervisory employees working the Facilities and Maintenance Operations Unit at the Washington State University Puyallup Research and Extension Center, excluding supervisory employees, confidential employees, faculty, employees exempt from Chapter 41.06 RCW, and all other employees.
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Colgate University: SEIU Files to Represent Unit of Technicians
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Colgate University, NLRB Case No. 03-RC-205477
On September 1, 2017, SEIU filed a petition seeking to represent a unit of 8 technicians at Colgate University The following is the proposed unit:
Included: All hourly full-time ITS Technicians including but not limited to: ITS Lead Hardware Specialists, ITS Digital Media & Event Support Technicians / Specialists. All Technicians in the library who are not covered in the library collective bargaining agreement.
Excluded: All managerial employees including but not limited to supervisors and directors. All guards as defined by the act. All other technicians in all other departments and employees already covered by a collective bargaining agreement
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Sarah Lawrence College: Public Safety Officers Unionize
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Sarah Lawrence College, NLRB Case No. 02-RC-203903
On August 22, 2017, the NLRB tallied the ballots in a representation case involving public safety officers at Sarah Lawrence College. Of the 24 eligible employees, 18 voted in favor of representation by the Special and Superiors Benevolent Association and 1 voted against.
Included: All full-time and regular part-time licensed security officers employed on a 12-month per year basis at its campus in Bronxville, NY.
Excluded : Licensed security officers who are only employed on a 9-month per year basis, managerial employees, confidential employees, and guards, and professional employees and supervisors as defined by the Act.
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Florida Gulf Coast Univ.: Campus Security Vote to Unionize
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Florida Gulf Coast University, FPERC RC-2017-001
On August 8, 2017, the Florida Public Employees Relations Board
tallied the ballots in a representation election among public security at Florida Gulf University. In a unit of approximately 16 employees, 14 voted in favor representation by the Florida Police Benevolent Association.
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Welcome the National Center's Latest Hunter College Interns
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The National Center is pleased to welcome our latest Hunter College interns: Allison Stillerman and
Aidana Razhap.
Allison Stillerman is a sophomore at Hunter College studying history, political science, and public policy. She is the head delegate of Hunter's Model United Nations team and the treasurer of the Pre-Law Society. After completing internships at the New York State Criminal Supreme Court and the law firm Seeger Weiss, she is looking forward to a legal career.
Aidana Razhap is a
junior at Hunter College where she is pursuing a BA/MA degree in Economics and a minor in Chemistry. Aidana aspires to pursue a PhD in environmental economics,
studying issues including economic implications of climate change
. Aidana is a teacher's assistant in the Hunter Economics Department where she also tutors other students. As a native of Kyrgyzstan Aidana is fluent in Kyrgyz, Russian, Kazakh and Turkish.
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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, Professor of English, Lock Haven University of Pennsylvania.
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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The annual Campus Equity Week campaign is a national campaign
to promote awareness of the consequences of precarious work for faculty in higher education and to organize for action.
Campus Equity Week has traditionally spanned the last calendar week in October. This year, the organizers are calling for a national day of action on October 31, 2017.
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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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