NATIONAL CENTER
for the Study of Collective Bargaining in Higher Education and the Professions
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October 2019
Welcome to the latest issue of the National Center's monthly newsletter.

In this month's newsletter, we share recent research-based stories concerning collective bargaining and unionization in higher education and the professions. We also provide programming and registration information concerning our upcoming regional conference at California State University, Long Beach on December 6-7, 2019, along with a preview of some of the panels we have already lined up for our 2020 annual conference in New York City on March 29-31, 2020.

This month's newsletter includes reports on recent faculty unionization efforts at the University of New Mexico, St. Petersburg College in Florida, College of the Florida Keys, and by library staff at the Massachusetts Institute of Technology Library. It discusses two recent court decisions relating to faculty collective bargaining in Maine and Massachusetts. The newsletter also includes updates on unionization cases in journalism and at cultural institutions around the country, as well as recent National Center research articles, and much more.

As always, if you have comments or story ideas please email us or contact us via Twitter.
California Regional Conference, December 6-7, CSU Long Beach

Regional Conference on Higher Education
Collective Bargaining and Labor Relations
 
T he National Center will be holding a regional conference in California on December 6-7, 2019 at California State University, Long Beach.

Keynote Speaker : Ruben J. Garcia , Professor of Law and Co-Director of the Workplace Law Program at the University of Nevada, Las Vegas, William S. Boyd School of Law. Professor Garcia is a specialist in labor and employment law, law and social change, immigration policy, and international human rights law.

Register now for the regional conference. Click here for the conference schedule .

Below is a list of panels for the regional conference:

Plenary: Preventing Sexual Harassment in Higher Education with Frazier Benya, Senior Program Officer, Committee on Women in Science, Engineering, and Medicine, National Academies of Sciences, Engineering and Medicine, Sharon Inkelas, Special Faculty Advisor to the Chancellor on Sexual Violence/Sexual Harassment, University of California, Berkeley, Ana Avendano, President, Minga Strategies and former Assistant to the AFL-CIO President, and Karen Stubaus, Vice President for Academic Affairs, Rutgers University, Moderator.
 
Do Adjunct Faculty Have Academic Freedom? with Kristen Edwards, Lecturer in History and Political Science, Notre Dame du Namur University and Stanford University Continuing Studies, Deirdre Frontczak, Lecturer and member, Faculty Council at Santa Rosa Junior College, Edward Inch, Provost and Vice President for Academic Affairs, California State University, East Bay, and Henry Reichman, Chair AAUP Committee on Academic Freedom and Tenure, Professor Emeritus of History, California State University, East Bay, and author of The Future of Academic Freedom , Panelist and Moderator.
 
Best Practices in Investigating and Responding to Disciplinary Issues with V. Jesse Smith, Representation Specialist, California Faculty Association, Missy A. Matella, Associate General Counsel, University of Oregon, and Andrea Dooley, Arbitrator, and Kenneth Mash, President, APSCUF, Moderator.

Community Colleges: Student Centered Funding Formula and Reemployment Preferences for Part-Time Faculty with Eric Kaljumagi, President, Community College Association, Kindred Murillo, Superintendent/President, Southwestern College, Leticia Pastrana, Imperial Valley College, and Bill Scroggins, President/CEO Mt. San Antonio College, Panelist and Moderator.

Academic Workers and Immigration Status with Sandip Roy, President, UAW Local 4123, Alli Carlisle, Chief Negotiator, UAW Local 2865, Joseph J. Jelincic III, Senior Manager of Systemwide Labor Relations/Collective Bargaining Specialist, California State University, Natasha Baker, Hirschfeld Kraemer LLP, and Gary Rhoades, Professor and Director, Center for the Study of Higher Education, University of Arizona, Moderator.

The Old Wolf, Again: Latinx Faculty Negotiations, Recruitment, Retention, and Racism in the Academy with Martha Garcia, President, Imperial Valley Community College, John Halcon, Member, Board of Trustees, Palomar Community College, Jose Cintron, California State University Sacramento, and Theresa Montaño, California State University Northridge, California Faculty Association, Moderator.
 
Collective Bargaining in the Post-Janus Age with J. Felix De La Torre, General Counsel, California Public Employment Relations Board, Kerianne Steele, Weinberg, Roger & Rosenfeld, and Timothy G. Yeung, Sloan Sakai Yeung Wong LLP.

Best Practices in Preparing for Bargaining Impasses with John Swarbrick, Former Associate Vice Chancellor, Labor and Employee Relations, California State University, Brian Young, Senior Labor Relations Representative, California State University Employees Union, Jackson E. Parham, Attorney, Atkinson, Andelson, Loya, Ruud & Romo, Carolyn Richie, Field Representative, California Federation of Teachers, Douglas W. Otto, Attorney at Law and Trustee, Long Beach City College, Valerie Hollins, Senior Labor Relations Representative, California School Employees Association, and Loretta van der Pol, Director, California State Mediation and Conciliation Service, Moderator.

Bargaining for the Common Good in Higher Education with Mia McIver, President, University Council, AFT, Peter Chester, Executive Director, Labor Relations, University of California, Will Surbrook, Vice Chancellor, Human Resources, San Diego Community College District, Jamie McDole, President, UPTE-CWA, and Theodore Curry, Associate Provost, Associate Vice President, Michigan State University, Moderator.
Update on National Center's 2020 Annual Conference in New York City
The Center is pleased to announce some confirmed panels that we have lined up for our 47th Annual National Labor-Management Conference on March 29-31, 2020 in New York City. Additional panels and workshops will be announced in future newsletters.   

Plenary: The Student Debt Crisis: History, Consequences, and Solutions with Martha J. Kanter, Executive Director, College Promise Campaign, Elizabeth Tandy Shermer, Associate Professor, Loyola University Chicago, Caitlin Zaloom, Associate Professor of Social and Cultural Analysis, New York University, and Julie Margetta Morgan, The Great Democracy Initiative.

Panel: The Equal Rights Amendment and Higher Education with Julie Suk, Dean for Master’s Programs and Professor, Sociology, CUNY Graduate Center, Jessica Neuwirth, Distinguished Lecturer and Rita E. Hauser Director, Human Rights Program, Roosevelt House Public Policy Institute at Hunter College, CUNY, Elizabeth Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School, and Carol Robles-Román, General Counsel and Dean of Faculty, Hunter College, CUNY, Moderator.

Panel: Contingent Faculty, Job Security, and Academic Freedom with Carl Levine, Levy Ratner P.C., Keila Tennant, Associate General Counsel and VP for Labor Relations, The New School, and S onam Singh, former Unit Chair, BCF-UAW Local 2110.

Panel: Teaching Assistants with Disabilities (in formation) with Alexandra (Sascha) Matish, Associate Vice Provost for Academic and Faculty Affairs and Senior Director, Academic Human Resources, University of Michigan and Laura Yvonne Bulk, President, CUPE Local 2278 (Canadian Union of Public Employees), PhD Candidate, Rehabilitation Sciences, The University of British Columbia.

Panel: Preparing and Presenting Grievances in Arbitration (in formation) with Suzanne Clark, Michigan Education Association, NEA, Sarah Miller Espinosa, Esq., Labor Arbitrator, Mediator, and Ombuds, and Letitia F. Silas, Esq., Senior Associate General Counsel (Labor), Howard University.

Panel: Negotiating for Part Time Faculty Equity (in formation) with Will Silvio, President, Berklee College of Music Faculty Union, Jay Kennedy, Berklee College of Music Vice President for Academic Affairs/Vice Provost, Darryl Wood, NYSUT Labor Relations Specialist, and Beth Margolis, Gladstein, Reif & Meginniss, LLP, Moderator.

Panel: Evolving Academic Labor Relations in Cross-National Perspective with Tobias Schulze-Cleven, Assistant Professor, Rutgers School of Management & Labor Relations, Heather Steffen, University of California, Santa Barbara, Commentator, and Laura W. Perna, Ph.D. University of Pennsylvania, GSE Centennial Presidential Professor of Education, Executive Director, Alliance for Higher Education and Democracy, Commentator.

Panel: Stop the War: Learning to Wage Peaceful Coexistence: Management and Faculty Collaboration in a Community College Setting with Robert Sammis, Chief Negotiator and Director of Human Relations, Citrus College, John Fincher, President, Citrus College Faculty Association, former Board member, California Community College Association, CCA/CTA/NEA, and Elizabeth Garrette, Professor of Spanish, Citrus College, Moderator.

Panel: Labor as Contingent as Free Speech? An Analysis of Recent Adjunct Faculty First Amendment Cases (in formation) with Nora Devlin, Doctoral Student, Rutgers Graduate School of Education, Martin Malin, Professor of Law and Co-Director, Institute for Law and the Workplace, Chicago-Kent College of Law, Illinois Institute of Technology, and Stacey Hawkins, Professor of Law, Rutgers Law School.

 Panel: Collective Bargaining of Transgender Issues (in formation) with Barbara J. Diamond, Diamond Law, Portland, Oregon, and Mellissa Sortman, Director of Academic Human Resource, Michigan State University.

Panel: Speaking of Dignity: Interviews with Non-Unionized Adjunct Faculty Teaching at a Catholic Church-affiliated University (in formation) with Jacob Bennett, University of New Hampshire and Maria Maisto, New Faculty Majority.

Panel: An Introduction to Interest-Based Bargaining (in formation) with Andrew Pizzi Conflict Resolution Practitioner, I & I Resolutions, Thomas O’Keefe, Conflict Resolution Practitioner, I & I Resolutions, and William Connellan, University of Florida.

Panel: Reasonable Accommodations for Faculty with Disabilities (in formation) with Jamie Daniel, National Field Service Representative, AAUP, Panelist and Moderator and John Rose, Dean for Diversity, Hunter College, CUNY.

Panel: Book Session: The Gig Academy: Mapping Labor in the Neoliberal University (in formation) with T om DePaola, P rovost’s Fellow in Urban Education Policy, Rossier School of Education, University of Southern California and Daniel Scott, Research Associate, Delphi Project on the Changing Faculty and Student Success, Pullias Center for Higher Education, Rossier School of Education, University of Southern California.

Panel: An Economic and Data Analysis of Faculty Salary Disparities (in formation) with Frederick G. Floss, Professor and Chair, Department of Economics and Finance, SUNY Buffalo State, and Monica C. Barrett, Bond, Schoenick & King.
University of New Mexico: Faculty Vote for AAUP-AFT Representation
Pursuant to a consent agreement reached between the University of New Mexico and United Academics of the University of New Mexico, AAUP/AFT, AFL-CIO, dated September 10, 2019, representation elections were recently conducted with respect to two agreed-upon faculty units. The voting took place on October 16-17, 2019 at five voting locations.

The following are the compositions of the two bargaining units at the University of New Mexico:

Unit 1

Faculty with the following titles: Professor; Associate Professor; Assistant Professor; Professor of Practice; Research Professor; Research Associate Professor; Research Assistant Professor; Research Lecturer; Lecturer I, II and III; Senior Lecturer I, II and III; Principal Lecturer I, II and III; Research Lecturer I, II and III; Senior Instructor; and Instructor employed at the Main Campus in Albuquerque and the branch campuses in Gallup, Taos, Los Alamos and Valencia County, excluding Provost, Senior Vice Provost, Associate Provost, Deputy Provost, Dean, Associate Dean, Assistant Dean, Department/Division Chairs, Academic Directors, all Visiting Faculty, Working Retirees and all faculty positions at the Health Sciences Center.

Unit 2

Adjunct faculty, including term teaching faculty employed at the Main Campus in Albuquerque and the branch campuses in Gallup, Los Alamos, Taos and Valencia County, excluding Provost, Senior Vice Provost, Associate Provost, Deputy Provost, Dean, Associate Dean, Assistant Dean, Department/Division Chairs, Academic Directors, all Visiting Faculty, Working Retirees and all faculty positions at the Health Sciences Center.

There are approximate 1,017 faculty in Unit 1. The ballot count concerning that unit demonstrated that there were 811 ballots cast, with 500 faculty voting in favor of representation by United Academics of the University of New Mexico, and 304 against. There were an additional 43 challenged ballots.

In Unit 2, there are an approximate 491 adjunct faculty. The ballot count demonstrated that 288 ballots were cast with 259 faculty voting in support of unionization, and 26 voting against.
St. Petersburg College: PT Adjunct Faculty Vote to Unionize with SEIU
St. Petersburg College, Florida, FPERC RC-2018-041

On October 22, 2019, the Florida Public Employees Relations Commission tallied the ballots in an election concerning a petition filed by SEIU seeking to represent a unit of approximately 865 part-time adjunct faculty at St. Petersburg College in Florida. The tally demonstrates that 269 faculty voted in favor of SEIU representation and 187 voted against.

The following is the at-issue faculty bargaining unit at the St. Petersburg College:

Included: All part-time adjunct faculty employed by St. Petersburg College who teach at least one credit-bearing course.

Excluded: All tenured and tenure-track faculty, full-time faculty, employees covered by an existing collective bargaining agreement, instructors for trainings operated by the Southeastern Public Safety Institute, full-time employees of the College who also teach a class as an adjunct instructor, administrators, guards, all supervisory, managerial, and confidential employees, and all other employees of St. Petersburg College.
Columbia College Chicago: PFAC Recertified as an AFT Affiliate
Columbia College Chicago, NLRB Case No 13-AC-248521

The certification of Part-Time Faculty Association at Columbia (PFAC) to represent a unit of approximately 50 part-time faculty at Columbia College Chicago was recently amended by the National Labor Relations Board to indicate PFAC's new affiliation with IFT-AFT.

Originally, PFAC had been certified on March 4, 1998 as an affiliate of IEA-NEA. In 2015, the PFAC members voted to disaffiliate from IEA-NEA, Four years later, PFAC members voted to affiliate with IFT-AFT, and an affiliation agreement was signed. The amended certification reflects PFAC's new affiliation as the exclusive representative of the following unit:

Included: All part-time faculty members at Columbia College Chicago.

Excluded: All other employees, Full-time Faculty, artists-in-residence, and Columbia
College Chicago graduate students, part-time faculty members teaching only continuing
education, music lessons to individual students or book and paper making classes,
Columbia College Chicago full-time staff members, teachers employed by Erickson
Institute, the YMCA or Adler Planetarium, and other individuals not appearing on the
Columbia College Chicago payroll, managers and confidential employees, guards and
supervisors as defined in the Act.
College of the Florida Keys: UFF Files to Represent FT Faculty
College of the Florida Keys

United Faculty of Florida recently filed a petition with the Florida Public Employees Relations Commission seeking to represent a unit of approximately 27 full-time faculty at the College of the Florida Keys.

The following is the at-issue faculty unit:

Included: Full-time Instructor, Assistant Professor, Associate Professor, and Professor.

Excluded: All managerial, administrative, supervisory and confidential employees including president, vice president, assistant vice president, director, assistant director, dean, coordinator, adjuncts, academic advisors, nonprofessional employees, temporary and part-time employees.
Central Washington Univ.: Junior Flight Instructors in Separate Unit
Central Washington University, WPERC Case No. 131265-E-19

On October 3, 2019, Washington Public Employment Relations Board Executive Director Michael P. Sellars issued a decision, and directed an election concerning a petition seeking to represent a bargaining unit of approximately full-time and regular part-time junior flight instructors employed by Central Washington University. The petition was filed by the Public School Employees of Washington.

United Faculty of Central Washington University intervened in the representation case and argued that the junior flight instructors should be placed in the faculty unit it represents, rather than being included in a new bargaining unit at the university.

Executive Director Sellars ruled, however, that the junior flight instructors are not faculty under Washington's Faculty Collective Bargaining Act even though they instruct and evaluate students as part of their duties. Therefore, they do not belong in the unit represented by United Faculty of Central Washington University. He reached his decision based on the fact that the junior flight instructors are not designated as faculty by the university or under the faculty governance system. Instead, they are considered full-time civil service exempt employees under temporary contracts.
Univ. of Maine: Court Rejects Challenge to Exclusive Representation
Reisman v. Associated Faculties of the Universities of Maine , United States Court of Appeals for the First Circuit, Case No. 18-2201

On October 4, 2019, the United States Court of Appeals for the First Circuit issued a decision affirming the dismissal of a First Amendment lawsuit commenced by University of Maine Professor Jonathan Reisman challenging a Maine public sector collective bargaining law that includes exclusive union representation of bargaining units.

The Court of Appeals rejected Reisman's post- Janus argument that the statute violated the First Amendment because it purportedly required him to accept the union as his personal representative. It found that the statute makes a certified or recognized union the exclusive representative of the entire bargaining unit of employees for purposes of collective bargaining, rather than the personal representative of a particular employee.

Second, the Court of Appeals rejected Reisman's claim that exclusive labor representation for purposes of collective bargaining violates the First Amendment based on the Janus decision. In rejecting that argument the federal appellate relied on the Supreme Court's decision in Minnesota State Board for Community Colleges v. Knight , 465 U.S. 271 (1984) and D'Agostino v. Baker, 812 F.3d 240, 244 (1st Cir. 2016) where First Amendment challenges to exclusive representation were rejected.
Mass. Board of Higher Education: Cap on PT Faculty Teaching Upheld
Board of Higher Education v. Commonwealth Employment Relations Board, Supreme Judicial Court of Massachusetts, Case No. SJC-12621

On October 7, 2019, the Supreme Court of Massachusetts issued a decision affirming a ruling by the Massachusetts Commonwealth Employment Relations Board that upheld a negotiated provision between the Massachusetts Board of Higher Education and the Massachusetts State College Association, which places a cap on the percentage of courses taught by part-time faculty at state colleges.

The at-issue contract provision is applicable to college departments with six or more full-time faculty members. The provision states that at all colleges except the Massachusetts College of Art and Design, no "more than fifteen percent (15%) of an academic department's total number of three (3) credit course and sections shall be taught by part-time employees during an academic year." It also states that at the Massachusetts College of Art and Design "not more than twenty percent (20%) of the total number of three (3) credit courses taught in a department with six (6) or more full-time faculty shall be taught by part-time employees during the academic year."

Both of the contractual caps are inapplicable, however, when part-time faculty are employed to temporarily replace bargaining unit members on sabbatical leave, unpaid leave or reduced teaching loads due to alternative professional responsibilities or union release time.

In its decision, the Supreme Court of Massachusetts rejected the argument by the Board of Higher Education that the negotiated cap on the hiring of part-time faculty was unlawful because it violated the nondelegable statutory powers of state colleges, which includes the managerial power to hire and dismiss personnel including faculty.

The Supreme Court found the statutory provision was applicable to the making of specific appointment decisions and the contractual limit on the use of part-time faculty teaching did not mandate who a college can hire. Lastly, the Court rejected the argument that the contract provision was unlawful because it limited the discretion of colleges to employ less expensive part-time faculty rather than full-time faculty who receive greater salaries and benefits.
MIT Library: AFSCME Files to Represent a Non-Faculty Unit
Massachusetts Institute of Technology Library , NLRB Case No. 01-RC-249906

On October 15, 2019, AFSCME filed a petition with the NLRB seeking to represent a unit of 106 employees at the Massachusetts Institute of Technology Library.

The following is the proposed library employee unit:

Included: All titles but not limited to Access Services Assistant (LA II), Access Services Associate (LA III), Access Services Associate and Admin Assistant, Access Services and Reserves Coordinator (LA III), Acquisitions Associate, Admin Assistant II, Admin Assistant III, Annex Services Associate, Circulation/Reserves Associate Music Library, Cloud Infrastructure Engineer, Collections and Administrative Assistant, Collections Strategist, Collections Strategist for Institute Publications, Collections Strategist Librarian, Computer Support Assistant, Conservation Associate, Digital Archivist, Digital Collections Associate, Digital Library Systems Manager, Digitization Associate, Engagement and Data Engineer, Enterprise Systems Engineer, E-Resource Systems Manager, E-Resources Acquisitions Associate, E-Resources Associate, Facilities Administrator, Financial and Payroll Associate, Full Stack Engineer (Eng X Team), Geospatial Data Librarian & Statistics Specialist, GIS Specialist, Image Cataloging and Technical Associate, Interlibrary Borrowing Assistant, Librarian, Marketing and Communications Assistant, Metadata Operations Engineer, Metadata Production Associate, Metadata Quality Assurance Associate, MIT Publications Cataloging Associate, Platform Architect, Preservation Associate, Preservation Assistant, Processing Archivist, Processing Associate, Project Archivist for Collections, Project Assistant (Music Library), Project Manager/Business Analyst, Reference Associate, Research Data Librarian, Resource Development Assistant, Resource Sharing Assistant, Scanning and Annex Services Assistant, Scanning & Annex Service Associate (LA III), Scanning and Document Delivery Assistant, Scholarly Communications & Licensing Librarian, Scholarly Communications Associate, Senior Administrative Assistant, Senior Project Manager/Business Analyst, Senior Software Engineer, Senior Systems Administrator, Senior Systems Librarian, Systems Administrator, Tangible Acquisitions Associate, Tangible Monograph Assistant, Tangible Monograph Acquisitions Associate, Tangible Serials Acquisitions Assistant, User Experience Specialist, User Experience Specialist & Content Strategist, Visual Resources Librarian, Web Developer, Web Product Manager & User Experience Specialist, and Women @ MIT Project Archivist.

Excluded: All other employees.
Oregon Health & Science University.: AFSCME Files to Represent a
Unit of Interns and Residents
Oregon Health & Science University , OERB Case No. RC-009-19

On October 15, 2018, AFSCME filed a petition with the Oregon Employment Relations Board seeking to represent a unit of approximately 840 interns and residents at the Oregon Health & Science University.

The following is the proposed bargaining unit.

All Physicians employed by OHSU as Interns, Residents, and Fellows in its Graduate Medical Education Program, excluding supervisors, confidential employees, and managerial employees.
Endicott College: Campus Police Vote in Favor of Unionization
Endicott College, NLRB Case No. 01-RC-248425

On October 11, 2019, the NLRB tallied the ballots in an election among campus police at Endicott College concerning a representation petition filed by the American Coalition of Public Safety, Local 24. The tally demonstrated that the unit of 11 full-time and part-time campus police officers voted unanimously in favor of unionization.

The following is the new bargaining unit of police officers at Endicott College:

All full-time and regular part-time campus police officers, but excluding all other employees, per diem campus police officers, campus police sergeants, campus police lieutenants, campus police captains, Chief of Police, aide to the Chief of Police, dispatchers, managers, and supervisors as defined in the Act.
WHYY: Philadelphia Public Radio Staff Seek to Unionize
WHYY, Inc. NLRB Case No. 04-RC-249398

On October 16, 2019, NLRB Region 4 issued a notice scheduling a representation election for October 30, 2019 concerning a petition filed by the Screen Actors Guild seeking to represent a unit of approximately 88 employees at Philadelphia's public radio station, WHYY.

On October 24, 2019, the Screen Actors Guild filed an unfair labor practice charge alleging that WHYY engaged in coercive behavior and changed the terms and conditions of employment during the pendency of the unionization effort.

Below is the at-issue bargaining unit at WHYY, stipulated between the parties:

Included: All full-time and regular part-time employees of WHYY, Inc. who create content for Television, Radio and Digital platforms including Producers, Directors, Associate Producers, Reporters, Sr. Reporter, South NJ Reporter, Multimedia Reporter, Morning News Associate, FM Art Desk Reporter, Afternoon FM Host, Afternoon Host/Anchor, Statehouse/NJ Reporter, GA reporter, Producer & Host Morning Edition, Reporter/Producer/Host, Education Reporter Delaware, General Assignment Reporter Delaware, Producer Radio Times, Producer, Reporter Keystone Crossroads, Engagement Editor PlanPhilly, Reporter PlanPhilly, Data Reporter, Associate Web Producer, Community Editor, Videographer, Multimedia Content Producer, News Editor/Producer, Producer/ Reporter the Pulse, Associate Producer the Pulse, Reporter the Pulse, Multimedia Health Science Reporter, Video Producer, Line Producer, Video and Web Producer/Director, Producer Reporter and Host, Video Producer Check Please, Associate Producer Check Please, Reporter Billy Penn, Political Editor Billy Penn, Manager On Demand Audio and Podcast, Web Administrator and Producer, Social Media Specialist, Associate Producer On Air, Sr. Producer Promotions, Promotions Producer, Digital Marketing Coordinator, Marketing and Communications Editor employed by the Employer from its 150 N. 6th Street, Philadelphia, PA facility who were employed by the Employer during the payroll period ending October 6, 2019.
 
Excluded: All other employees, including President’s Office employees, Media Education employees, Foundations/Corporate Support/Major Gifts & Underwriting (Institutional Advancement) employees, Administrative Services employees, Finance and Analysis employees, Office Clerical employees, employees currently represented by a labor union, Interns, Managers, Guards and Supervisors as defined by the Act.
 
Others permitted to vote: The parties have agreed that the News Production/Project Manager, Newsroom Coordinator, Community Relations Coordinators, Graphics & Multimedia Designer, Sr. Designer, Radio Operations Associate, Radio Operations Assistant, Web Developer, and Programming & Production Coordinator 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 in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.
Recent Unionization Efforts by Reporters and Photographers
The following is information concerning recent representation cases in journalism:

Phoenix Newspapers Inc., d/b/a The Arizona Republi c, NLRB Case No.
28-RC-248287

On October 25, 2019, the News Guild-CWA was certified by the NLRB to represent a bargaining unit of approximately 101 full-time and part-time newsroom employees at the Arizona Republic. The certification followed a tally of ballots demonstrating that 64 employees voted in favor of the News Guild-CWA representation and 30 voted against.

The following is the new bargaining unit at the Arizona Republic:

Included: All full-time and regular part-time newsroom employees employed by the Employer at the Arizona Republic and La Voz.

Excluded: All other employees, including all managers, guards, and supervisors as defined by the Act.

Fox Television Stations, LLC d/b/a KTVU-TV , NLRB Case No. 32-RC-248038

On October 23, 2019, NLRB Region 32 tallied the ballots in an election concerning a petition filed by the International Brotherhood of Teamsters, Local 45 seeking to represent news photographers and camera technicians at Fox KTVU, located at Jack London Square in Oakland California.

The tally demonstrated that in a unit of approximately 12 employees, 9 voted in favor of IBT representation and 3 voted against.

The following is the at-issue unit at Fox KTVU:

Included: All full-time and regular part-time news photographers and camera technicians employed by the Employer at or from its facility located at 2 Jack London Square, Oakland, CA.

Excluded: Employees represented by a labor organization, confidential employees, office clerical employees, guards, and supervisors as defined in the Act.

BH Media Group, Inc. d/b/a/ The Daily Progress , NLRB Case No. 05-RC-249974

NLRB Region issued a notice on October 24, 2019 scheduling an election on October 30, 2019 concerning the petition by the Washington-'Baltimore Newspaper Guild to represent a unit of news department employees at the Daily Progress in Charlottesville, Virginia.

The following is the stipulated composition of the at-issue bargaining unit:

Included: All full-time and regular part-time news department employees who were
employed by the Employer.

Excluded: All managerial employees, confidential employees, guards, and supervisors as
defined by the Act.

Others permitted to vote tomorrow: The parties agreed that the employee in the position of Assistant City Editor may vote in the election, but her ballot will be challenged since her eligibility has not been resolved. No decision has been made regarding whether the individual in this classification or group is included in, or excluded from, the bargaining unit. The eligibility or inclusion of this individual will be resolved, if necessary, following the election.

The Columbian Publishing Company , NLRB Case No. 19-RC-249167

NLRB Region 19 has issued a notice scheduling an election on October 31, 2019 concerning a petition filed by the Pacific Northwest Newspaper Guild seeking to represent a unit of approximately 28 newsroom employees at the Columbian in Vancouver Washington.

The following is the bargaining unit stipulated by the parties:

Included: All full-time and regular part-time employees in the News Department, including reporters, sports reporters, photojournalists, copy editors, news clerks, and FYI coordinators employed by the Employer at its Vancouver, Washington facility who were employed during the payroll period ending September 28, 2019.

Excluded: All other employees, office clerical employees, confidential employees, all other editors, guards and supervisors as defined in the Act.

Miami Herald Media Company , NLRB Case No. 12-RC-249294

On October 3, 2019, the News Guild-CWA filed a representation petition to represent a unit of 95 full-time and part-time newsroom employees at the Miami Herald.

The following is the proposed unit set forth in the News Guild-CWA representation: petition:

Included: All full-time and regular part-time newsroom employees employed by the Employer.

Excluded: All other employees, including all managers, guards, and supervisors as defined by the Act.
Recent Unionization Efforts at Cultural Institutions
The following is information concerning recent representation cases involving cultural institutions and employers:

The New Children's Museum , NLRB Case No. 21-RC-248605

On October 19, 2019, NLRB Region 21 tallied the ballots in an election concerning whether employees at the New Children's Museum in San Diego, California wanted union representation by the International Brotherhood of Electoral Workers, Local 465. The tally demonstrated that in a unit of 48, 34 museum employees voted in favor of representation and 11 voted against.

The following is the at-issue bargaining unit at the New Children's Museum:

Included: All full-time and regular part-time Senior Playworkers, Playworkers, Senior Teaching Artists, Teaching Artists, Senior Visitor Service Associates, Visitor Service Associates, Senior Coordinators, Coordinators, Graphic Designers and Maintenance Employees employed by the Employer at its facility currently located at 200 West Island Avenue, San Diego, California.

Excluded: All other employees, Special Events Staff, Accountants, Accountant Assistants, Executive Assistants, Directors, confidential employees, managerial employees, guards and supervisors as defined in the Act.

Sciencenter Discovery Museum , NLRB Case No. 03-249243

On October 15, 2019, NLRB Region 3 issued a notice scheduling an election for October 24, 2019 with respect to a petition filed by Workers United-SEIU seeking to represent a unit employees of the Sciencenter Discovery Museum in Ithaca, New York.

The following is the agreed-upon bargaining unit for purposes of the representation election:

Included: All full-time and regular part-time employees employed by the Employer who were employed by the Employer during the payroll period ending October 6, 2019.

Excluded: Traveling Exhibitions Manager, Director of Partnerships, office clerical employees, guards, and professional employees and supervisors as defined in the Act.

Others permitted to vote: The parties have agreed that Public and Media Relations Manager Kelly Barclay, Director of Foundation & Corporate Relations Allison Sribarra, Annual Fund & Membership Manager Josiah Jacobus-Parker, and Museum Greeter Gwen Gallagher 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 in these classifications or groups are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

EV Events Center, LLC , NLRB Case No. 02-RC-249502

On October 21, 2019, NLRB Region 2 issued a notice scheduling a mail ballot election concerning a representation petition filed by Theatrical Protective Union Local One IATSE seeking to represent a unit of stage hands and stage technicians employed by EV Events Center in New York. The proposed unit includes employees working at the historic Webster Hall in Manhattan, a New York City landmark.

The following is the at-issue bargaining unit:

Included: All full‐time and regular part‐time stagehands and stage technicians
employed by the Employer at its facility at 125 East 11th Street, New York, NY 10003

Excluded: All other employees and all clerical workers, managers, guards, and
professional employees, and supervisors as defined by the Act.

Also eligible to vote are all employees in the unit who have worked at least two production days at the Webster Hall facility during the 12 months immediately preceding the eligibility date for the election, and who were not terminated for cause or quit voluntarily prior to the completion of the last job for which they were employed.

Historical Society of Western Pennsylvania , NLRB Case No. 06-RC-249291

On October 11, 2019, NLRB Region 6 issued a notice scheduling an election for October 30, 2019 concerning a petition filed by International Alliance of Theatrical Stage Employees seeking to represent a unit of approximately 12 stagehands at the Heinz History Center in Pittsburgh, Pennsylvania.

The following is the at-issue bargaining unit at the Heinz History Center:

Included: All full-time and regular part-time stagehand employees also known as event associates employed by the Employer at the Heinz History Center in Pittsburgh, Pennsylvania; who were employed by the Employer during the payroll period ending September 30, 2019.

Excluded: All casual employees, office clerical employees, managerial employees, and guards, and professional employees and supervisors as defined in the Act.

Also eligible to vote are all employees in the unit who have worked an average of four (4) hours per week during the 13 weeks immediately preceding the eligibility date for the election.

Harriet Beecher Stowe Center , NLRB Case No. 01-RC-250177

On October 24, 2019, NLRB Region 1 issued a notice of election concerning a petition by the UAW seeking to represent a bargaining unit of employees at the Harriet Beecher Stowe Center in Hartford Connecticut. The election is scheduled for October 31 and November 1, 2019.

The following is the at-issue bargaining unit:

Included: All full-time and regular part-time Visitor Services Employees, currently known as Visitor Center Coordinators and Museum Associates, employed by the Employer at its 71 Forest Street, Hartford, Connecticut facility.

Excluded: Supervisors and managers, managers who oversee the Visitor Center operations, the Stowe Center’s gift shop, and the Visitor Center budget, and guards, professional employees, and supervisors as defined in the Act.

Pacific Northwest Ballet Association , NLRB Case No. 19-RC-250115

On October 17, 2019, the International Alliance of Theatrical Stage Employees, Local 15
filed a petition to represent a unit of approximately 47 dancers, apprentices and singers employed by the Pacific Northwest Ballet Association.

The following is the unit sought in the representation petition:

Included: All Dancers, Apprentices and Singers employed by the Employer.
Excluded: All other employees, guards and supervisors as defined by the Act. Proposed Bargaining Unit: Included: All Dancers, Apprentices, Singers, Stage Managers and Assistant Stage Managers employed by the Employer. Excluded: All other employees, guards and supervisors as defined by the Act.
Recently Published National Center Research
National Center Executive Director Bill Herbert authored two articles published in a recent volume of the Hofstra Labor and Employment Law Journal. Both articles are based on papers prepared for the Taylor Law @ 50 Conference on May 10-11, 2018 in Albany, New York, which was organized by the Cornell School of Industrial and Labor Relations, the New York State Public Employment Relations Board (PERB), and the New York State Bar Association Labor and Employment Section.

The first article, Jerome Lefkowitz: A Pragmatic Intellect and Major Figure in Taylor Law History examines the professional career of a central figure in the history of the Taylor Law, New York's public sector collective bargaining statute. Mr. Lefkowitz helped draft the Taylor Law, and served as the first PERB Deputy Chairperson, and later the agency's fifth Chairperson from 2007 until 2015. During his tenure as PERB's Deputy Chairperson, Mr. Lefkowitz presented at National Center annual labor-management conferences.

The second article published in the new volume of Hofstra Labor and Employment Law Journal is titled Total Eclipse of the Court? Janus v. AFSCME, Council 31 in Historical, Legal, and Public Policy Contexts , which was co-written by New York State Public Employment Relations Board Chairperson John F. Wirenius, and Sarah W. Cudahy, Executive Director and General Counsel of the Indiana Education Employment Relations Board. The article examines the historical rise and institutionalization of the agency shop in public sector labor relations and its sudden fall in Janus v. AFSCME, Council 31. It also discusses ways that state governments, unions, and public employers can respond to the decision, along with the important practical and legal ramifications of the decision.

Executive Director Bill Herbert has also co-authored a recent article with National Center Affiliated Researcher Jacob Apkarian, Assistant Professor of Sociology, York College, CUNY, which has been posted on ssrn: You've Been with the Professors: An Examination of Higher Education Work Stoppage Data, Past and Present. The study will be published later this year in the peer-reviewed Employee Rights and Employment Policy Journal.
Journal of Collective Bargaining in the Academy, Vol. 10
Journal of CBA Logo
The National Center's Journal of Collective Bargaining in the Academy, is a peer review multi-disciplinary journal co-edited by Jeffrey Cross, Eastern Illinois University (Emeritus), and Gary Rhoades, University of Arizona. The following are links to articles in Volume 10:

Op-Eds


Articles


Practitioner Perspectives 

Notes on the Same Side by Margaret E. Winters

We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor relations, and labor history to submit research articles, op-eds, and practitioner perspectives for potential publication. The Journal is particularly interested in contributions related to collective bargaining and unionization issues in the post-Janus world.

The Journal of Collective Bargaining in the Academy is supported, in part, by a generous contribution from TIAA and is hosted by the institutional repository of Eastern Illinois University.
Job Posting: NEA Senior Program/Policy Analyst/Specialist
NEA has a new posting for the position of Senior Program/Policy Analyst/Specialist (Higher Education/WIOA).

The position supports NEA’s strategic objective to focus the energy and resources of its 3 million members by supporting policy content needs of NEA members and affiliates and playing an integral role in the implementation of federal statutes, including the Higher Education Act and the Every Student Succeeds Act (ESSA), by developing member engagement strategies and materials to advance NEA’s strategic priorities.

Minimum Education Requirement: A Bachelor’s degree in Public Policy, Education, Political Science, or related discipline, or an equivalent combination of education and experience from which comparable knowledge and skills is required.

Minimum Qualifications: Five years of progressively responsible professional experience related to education policy and practice, policy analysis, and designing/managing national, state and/or local programs/projects. Experience in public speaking, developing presentations and trainings, and data analytics. Experience in training and organization development. Demonstrated oral and written communication skills, particularly in translating complex information/processes into simple, concise, direct prose.

Other Requirements: Must be able to work extended hours on evenings and weekends. Reliable job attendance is essential and non-negotiable. Samples of work products (i.e., writing, presentation handouts, training materials, etc.) will be required at time of interview. Frequent travel required (21-45 overnights per year).
Job Posting: Employer-Side Lawyer Positions
The New York law firm of Ingerman Smith seeks applicants for two associate positions in the firm's Hauppauge, Long Island office. Both recent graduates and those with experience in commercial litigation, municipal law, education law, and/or labor law are invited to apply. Submit resumes to both  jhgross@ingermansmith.com , and msadowski@ingermansmith.com .
National Center for the Study of Collective Bargaining
in Higher Education and the Professions
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