NATIONAL CENTER
for the S tudy of C ollective B argaining in 
H igher E ducation and the P rofessions
E-Note
  
 
   
 
Follow us on Twitter @HigherEd_CB
March 2017
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.

1.     Still Time To Register for National Center's 2017 Annual Conference  
 
 
 
 
 
 

 
   
 

 
 Still Time to Register for National Center's 2017 Annual Conference 
National Center Annual Conference
March 26-28, 2017

Creating Solutions in Challenging Times
   
There is still time to register  online for the National Center's 44th Annual conference at the CUNY Graduate Center

 
The 2017 conference is underwritten with a grant from  TIAA.   
A2      
Pre-Register for Workshops and Panel on Lincoln, Labor, and Race
Pre-registration is required for the conference's interactive workshop trainings, and special panel discussion on Lincoln, Labor, and Race.  
 
The workshops will be held on Sunday, March 26, 2017 from 1:30 p.m.-5:45 p.m 
 
The panel on Lincoln, Labor, and Race will be held on Monday, March 27, 2017 from 3:45 p.m.-5:15 p.m.

Pre-register here for Workshop Training on Unionization and Collective Bargaining for Administrators with Nicholas DiGiovanni, Morgan, Brown & Joy, LLP, Karen  Stubaus, Vice President, Academic Affairs & Administration, Rutgers University, and Margaret E. Winters, Wayne State University.  This session is restricted to university and college administrators only and the session is closed to the media.
 
Pre-register here for Workshop Training on Unionization and Collective  
Bargaining for Academic Labor with David Cecil, United Academics, AFT-AAUP Executive Director, University of Oregon, Deborah Williams, NEA Faculty Association President and Lead Negotiator, Johnson County Community College, Larry Alcoff, SEIU, and moderator and facilitator, Phadra Williams, NEA. This session is restricted to academic labor and labor representatives and the session is closed to media.

Pre-register here for Workshop Training on Financial Data Analysis with Howard Bunsis, Chair, AAUP Collective Bargaining Congress, Professor, Accounting, Eastern Michigan University, Bradley Wells, California State University Associate Vice Chancellor for Business & Finance, and moderator Jeffery Frumkin, Associate Vice Provost and Senior Director, Academic Human Resources, University of Michigan.

Pre-register here for Workshop Training on Interest Based Bargaining in Higher Education with Shelly Chabon, Vice Provost Academic Personnel and Leadership Development, Portland State University, Janet Gillman, State Conciliator, Oregon Employment Relations Board Conciliation Services, Pam Miller , I mmediate Past President PSU-AAUP, Leanne Serbulo, Former Vice President Collective Bargaining and Current Bargaining Team Member, PSU-AAUP and Phil Lesch, Executive Director, PSU-AAUP, and moderator Liesl K. Zwicklbauer, Assistant Vice Chancellor for Employee Relations, State University of New York.

Pre-register here for Workshop Training on Effective Use of Social Media in Higher Education with Ken Mash, APSCUF President, and Jamie Tanner, Employee Relations Manager, Valdosta State University and Chairman, CUPA-HR's Southern Region Board of Directors, and  Sheryl Barton, MSCF Negotiations Team Member, Moderator.

Pre-register here for  Lincoln, Labor, and Race with Harold Holzer, Jonathan F. Fanton Director, Roosevelt House Public Policy Institute, Hunter College, Edna Greene Medford, Chair, Howard University Department of History, and  James Oakes, Distinguished Professor, CUNY Graduate Center.  A3
Murphy Institute March 24 Event: Organizing the Academic Precariat
The Murphy Institute and the Scholars Strategy Network (NYC Chapter) have organized  a related half-day program on Friday March 24, 2017 from 12:00 p.m.-6:00 p.m. The program will include two panels examining the history and lessons learned concerning contingent faculty working conditions and unionization in higher education. The program  will take place at the Murphy Institute, 25 East 43rd St. 18th floor in Manhattan.    A4
The Journal of Collective Bargaining in the Academy

Journal of CBA Logo  
   
   
  
  
  
  
  
  
 
 
 

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.  

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.  A5   
Columbia University: Campaign Objections to GSE Election Rejected
  Trustees of Columbia University, NLRB Case No.02-RC-143012

On March 6, 2017, NLRB Hearing Officer Rachel Mead Zweighaft issued a 41 page decision rejecting each of the campaign objections raised by Columbia University regarding the election conducted on December 7 and 8, 2016 concerning the unionization of student employees at Columbia University.   The tally of ballots demonstrated that the student employees had voted overwhelming in favor of unionization: 1602 in favor and 623 against.  In denying the university's objections , the Hearing Officer relied on the NLRB's objective standards for determining whether a party's conduct had the tendency of interfering with employees' freedom of choice in an election.  A6 
Yale University: Mixed Results in GSE Unit Elections
Yale University, NLRB Case Nos. 01-RC-183016, 01-RC-183050, 01-RC-183022, 01-RC-183025, 01-RC-183031, 01-RC-183014, 01-RC-183038, 01-RC-183039,  01-RC-183043
 
On March 3, 2017, NLRB Region 1 released the tallies of ballots from the elections conducted at Yale University concerning the representation petitions involving graduate student employees in university departments, which were filed by UNITE-HERE.  The on-site elections were conducted on February 23, 2017. 
 
The tallies demonstrate that in six departments, the graduate student employees voted in favor of union representation by UNITE-HERE. The vote in the Physics Department was against union representation.  

In the P olitical Science and  East Asian Languages and Literature Departments there were a sufficient number of challenged ballots to impact the final outcomes in those elections.  The final results in those elections will be determined after the challenges are resolved.
 
The following is a chart outlining the results:  

Department
Unit Size
For
Against
Certification
Dismissed
Challenged Ballots 
History of Art
22
17
2
       X
   
History
56
39
7
       X
   
English
35
22
4
       X
   
Mathematics
12
8
3
       X
   
Sociology
19
12
5
       X
   
Geology & Geophysics
16
9
7
       X
   
Physics
63
26
30
 
       X
 
Political Science
72
19
14
   
X   25
East Asian Languages
27
5
1
   
X   16


Below is a breakdown concerning each department:
 
I. History of Art Department, NLRB Case No. 01-RC-183031, 

Unit

All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the History of Art Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 

Tally and Certification

In a unit of 22, the GSEs voted 17-2 in favor of unionization, which resulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit. 

II. History Department, NLRB Case No. 01-RC-183025, 

Unit

All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the History Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 

Tally and Certification

In a unit of 56, the GSEs voted 39-7 in favor of unionization, which resulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit.

III. English Department, NLRB Case No. 01-RC-183043
 
Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the English Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 
 
Tally and Certification
 
In a unit of 35, the GSEs voted 22-4 in favor of union representation, which resulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit.

IV. Mathematics Department, NLRB Case No. 01-RC-183016
 
Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the Mathematics Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act.
 
Tally and Certification
 
In a unit of 12, the GSEs voted 8-3 in favor of unionization, which r esulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit.

V. Sociology Department, NLRB Case No. 01-RC-183050

Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the Sociology Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act.  

Tally and Certification

In a unit of 19, the GSEs voted 12-5 in favor of unionization, which r esulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit.

VI. Geology and Geophysics Department, NLRB Case No. 01-RC-183022
 
Unit

All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the Geology and Geophysics Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 

Tally and Certification

In a unit of 16, the GSEs voted 9-7 in favor of unionization, which resulted in the NLRB certifying UNITE-HERE as the exclusive representative of the unit.

VII.  Physics Department, NLRB Case No. 01-RC-183039
 
Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the Physics Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 
 
Tally and Dismissal

I n a unit of 63, the GSEs vote was 30-26 against union representation with 56 ballots voided and 1 ballot challenged, which led to the dismissal of the petition.  
 
VIII. Political Science Department, NLRB Case No. 01-RC-183038
 
Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the Political Science Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 
 
Tally

I n a unit of 72, GSE's voted 19-14 in favor of unionization but there were 25 challenged ballots.  The final result of the election will not be known until the challenges are resolved.
 
IX. East Asian Languages and Literature Dept., NLRB Case No.  01-RC-183014
 
Unit
 
All teaching fellows employed by the Employer at its New Haven, Connecticut facility who teach in the East Asian Languages and Literature Department, including discussion section leaders, part-time acting instructors, associates in teaching, lab leaders, and grader/tutors, but excluding all other employees, managers, guards and supervisors as defined in the Act. 
 
Tally

In a unit of 27, GSEs voted 5-1 in favor of unionization but there were 16 challenged ballots. The final result of the election will not be known until the challenges are resolved.A7
Duke University: GSE Representation Petition Withdrawn After Election
Duke University, NLRB Case. No. 10-RC-187957

The representation petition filed by SEIU seeking to represent graduate student employees at Duke University was withdrawn on March 7, 2017.  The withdrawal followed a tally of ballots conducted by NLRB Region 10 on February 24, 2017 demonstrating that in a proposed unit of 2298 graduate student employees at the university, 691 voted against unionization, 398 voted in favor, and another 1089 ballots were the subject of challenges. 

The following is the description of the at-issue GSE unit at Duke: 

All PhD students in Duke University departments housed at its campuses in Durham and Beaufort, North Carolina, who are working toward PhD degrees offered by the Duke Graduate School and who are employed by Duke University to provide instructional services in undergraduate or graduate-level courses or labs (including, but not limited to, Teaching Assistants, Graduate Assistants, Instructors, and Graders) or to provide research services (including but not limited to Research Assistants and Graduate Assistants); excluding all students at Duke Kunshan University and Duke-NUS Medical School, all students not working towards PhD degrees offered by the Duke Graduate School and all other employees, guards and supervisors as defined in the Act.  A8 
Santa Fe Community College:  Election on AAUP Petition Scheduled
Santa Fe Community College, NM PERLB Case No. 311-16

A unit composition hearing was held by the New Mexico Public Employee Labor Relations Board (NMPELRB) on February 28, 2017 on the representation petition filed by AAUP to represent a faculty unit at Santa Fe Community College.  On March 8, 2017, NMPERLB was scheduled to approve the consent election agreement reached between the college and AAUP. A9 
American University: SEIU Files Petition for GSE Unit
American University, NLRB Case No. 05-RC-193768
 
SEIU filed a petition on February 27, 2017 seeking to represent a unit of approximately 700 graduate student employees at American University.  SEIU has been the certified bargaining agent of an adjunct faculty unit at American University since 2012.  
 
The following is the GSE unit description set forth in SEIU's recently filed petition:
 
Included: All doctorial and Masters students in American University departments employed at the University's campus in Washington, D.C., who are working toward degrees offered by American University, and who are employed by American University and supervised by faculty to provide instructional or research services in undergraduate or graduate-level courses, labs or campus offices, including, but not limited to, Teaching Assistants, Research Assistants, Graduate Assistants, Laboratory Assistants, Teaching Apprentices, Dean's Fellows, instructors, Graders, Preceptors, Section Leaders and Tutors 
 
Excluded: any regular full-time or part-time American University employees and faculty adjunct faculty who are included in the bargaining unit certified in NLRB Case Number 05-RC-070027, managers, guards and supervisors as defined by the National Labor Relations Act. A10
 Cornell University: CGSU Files for Recognition Election
On March 8, 2017, Cornell Graduate Students United (CGSU), an AFT-NEA affiliate
delivered a petition to Cornell University indicating its intent to file for a representation election with the American Arbitration Association (AAA) under the May 2016 agreement reached with Cornell University. 

For an election to be scheduled under the agreement, CGSU must submit to AAA a showing of interest by at least 30% of the agreed-upon bargaining unit.  Cornell University has the option to require an arbitrator to review the showing of interest to determine validity. Once the 30% showing is confirmed, AAA will schedule and conduct a representation election.  If a majority of the bargaining unit votes in favor of representation Cornell University has agreed to voluntarily recognize CGSU as the exclusive representative of the bargaining unit.  A11 
Boston College: UAW Files To Represent Student Employee Unit
Boston College, NLRB Case No. 01-RC-194148

On March 3, 2017, the UAW filed a representation petition seeking to represent a unit of approximately 1,200 graduate and undergraduate student employees at Boston College.  The following is the description of the proposed unit set forth in the representation petition:

Included: All student employees who provide teaching, instructionally-related or research services, including graduate and under-graduate Teaching Assistants, Teaching Fellows, Graduate Assistants, Graders and Research Assistants (including those compensated through training grants), and all other Graduate Assistants compensated through monthly stipends. 
 
Excluded: All other employees, guards, and supervisors as defined in the Act.A12
Penn State: NEA Files To Represent GSE Unit
The Coalition of Graduate Employees at Pennsylvania State University has filed a petition with the Pennsylvania Labor Relations Board seeking to represent approximately 3,724 graduate student employees under that state's public sector collective bargaining law. A13
Arcadia University: AFT Files to Represent Adjunct Faculty Unit
Arcadia University, NLRB Case No. 04-RC-194273

On March 6, 2017, United Academics of Philadelphia, AFT, filed a representation petition seeking to represent a unit of approximately 303 adjunct faculty at Arcadia University in Glenside, Pennsylvania.  The following is the proposed bargaining unit described in the representation petition:

Included: Adjunct faculty employed by Arcadia University

Excluded: All full-time faculty, guest lecturers, professional and clerical administrative staff, all managerial employees, including department chairs and program directors, confidential employees and supervisors as defined by the Act.
 A14
Ohio: USW Commences Adjunct Organizing Campaign
Crain's Cleveland Business published an article last month describing plans by USW to begin a campaign to organize adjunct faculty at Ohio universities and colleges including Kent State University and Cuyahoga Community College.  A15
Columbia College Chicago: Court Vacates NLRB ULP Decision
On March 6, 2017 a judgment was issued by the United States Court of Appeals for the Seventh Circuit, based on its February 2, 2017 decision, vacating an NLRB decision, which had found that Columbia College Chicago had violated its duty to bargain when it failed to negotiate with the Part-Time Faculty Association (PFAC) over the impact of the school's decision to reduce the number of credit hours for bargaining unit members. 

The federal appeals court reasoned that the management rights clause in the parties' contract granted the college "sole discretion" to change educational policies including modifying or altering any course, which included the right to alter course-credit hours.  It also found that the contract granted the college the right to make those changes without engaging in negotiations with PFAC over the impact of the decision.A16
Florida Agricultural and Mechanical Univ.: NTT Faculty Added to Unit 
Florida Agricultural and Mechanical University Board of Trustees,
FPERC Case No. UC-2016-011

Florida Public Employee Relations Commission granted a unit clarification petition filed by the United Faculty of Florida to add three contingent faculty titles to the faculty bargaining unit at Florida Agricultural and Mechanical University: non-tenure earning research professor; non-tenure earning associate research professor, and non-tenure earning assistant research professor.A17    
Culinary Institute of America: FT/PT Faculty Unit Certified
Culinary Institute of America, NLRB Case No. 20-RC-191793
 
On February 23, 2017, NLRB Region 20 Director Jill H. Coffman issued a Decision and Direction of Election rejecting the objection by the Culinary Institute of America to a proposed unit that would include part-time (adjunct) and full-time faculty on its Greystone Campus in St. Helena, California.  The Regional Director concluded that the the faculty groups share a community of interest because both groups are faculty on the Greystone campus, they regularly interact, there is some interchange in teaching classes, the Director of Education is their common supervisor, their functions, duties, and skills are similar, and they are functionally integrated in the teaching of students.
 
Thereafter, the NLRB conducted an on-site election.  Following a tally of ballots on March 2, 2017 the California Federation of Teachers was certified on March 9, 2017 to represent the following unit:

All full-time and part-time faculty at the Employer's Greystone Campus, including professors, associate professors, assistant professors, lecturing instructors, associate professors/culinary arts team leader, professor/baking and pastry team leader, associate professor/hospitality and business management team lead, and adjunct instructors, excluding all other faculty, managers and supervisors as defined by the Act. A18
 Florida State Univ.: Union Animus ULP Charge Summarily Dismissed
Florida State University Board of Trustees, FPERC Case No. CA-2017-008

On February 15, 2017 the Florida Public Employess Relations Commission's General Counsel issued a decision summarily dismissing an unfair labor charge alleging that Florida State University had violated Florida's public sector collective bargaining law when it informed an unnamed AFSCME bargaining unit member that he or she was not entitled to union representation during a scheduled meeting.  The charge was dismissed because it failed to include a clear articulation of the alleged facts and circumstances that constitute an unfair labor practice including the name of the bargaining unit member, and facts that, if proven, would demonstrate that the employee had a reasonable belief that discipline might result from the meeting, which would trigger the right to union representation under the principles outlined in NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). A19
University of Miami: Representation Petition Filed for Police Unit
University of Miami, NLRB Case No.  12-RC-193766
 
On February 24, 2017, a representation petition was filed with NLRB Region 12 by the Professional Law Enforcement Association, Inc.seeking to represent a unit of 25 campus police at the University of Miami.  
 
The following is the proposed unit:
 
Included: All employees in the position/classification/rank of Police Officer and Police Sergeant 
 
Excluded: All other non-sworn employees, the Chief, Captains and Lieutenant.A20
Northwestern University: Campus Police Vote to Unionize
  Northwestern University, NLRB Case No. 13-RD-192825

The tally of ballots conducted by NLRB Region 13 on March 3, 2017 found that in a unit of 24 campus police officers at Northwestern University, 18 voted in favor and 6 voted against representation by the  Northwestern University Police Benevolent Association.

The following is the the unit description: 

All full-time and regular part-time police officers employed by the Employer at its facilities currently located at 1201 Davis Street, Evanston, Illinois 60201 and 211 East Superior Street, Chicago, Illinois 60611. Excluded: All other employees including chief of police, lieutenants, sergeants, confidential employees, office clerical employees and professional employees and supervisors as defined by the Act. A21
Bellevue College: Representation Petition Filed for Program Specialists
Bellevue College, WPERC Case No. 128745-E-17

A petition was filed on February 13, 2017 with the Washington Public Employment Relations Commission by the Washington Public Employees Association seeking to represent the following bargaining unit at Bellevue College:

All employees in the Program Specialist 5 job class in the Student Success Department, excluding confidential employees and all other employees. A22
Kean University:  AFT Wins Appeal in Suit Against Board of Trustees
The New Jersey Superior Court Appellate Division issued a decision on February 8, 2017 concerning a lawsuit commenced by the Kean Federation of Teachers.  The lawsuit alleged that the Kean University Board of Trustees had violated New Jersey's Open Public Meetings Act by failing to make the minutes of two Board meetings promptly available to the public, and had terminated a Kean University faculty member without providing her with proper notice under the statute. .

The New Jersey state appellate court affirmed a lower court's decision that had found the Board's 94 day delay in releasing the minutes of one meeting, and its 58 day delay in releasing the minutes to the second meeting, violated the state Open Public Meetings Act.  As a remedy, the appellate court ordered the Kean University Board of Trustees to adopt a meeting schedule that will enable it to make its minutes "promptly available," as mandated by law.

The court also held that the Kean University Board of Trustees had violated the statue when it failed to send the faculty member a notice prior to its decision to not renew her appointment, and the court declared null and void all of the personnel actions taken at the Board's December 6, 2014 meeting.  A23
New Journal from CSU.: Academic Labor Research and Artistry
The Center for the Study of Academic Labor (CSAL) at Colorado State University has announced the launch of a new peer-reviewed open access journal titled Academic Labor: Research and Artistry (ALRA).
 
ALRA encourages ongoing research on matters relating to tenure and contingency in the academy, both nationally and internationally. It offers a research home for those undertaking scholarship in areas broadly defined as tenure studies and contingency studies. To meet this objective, it invites a wide range of contributions, from the statistical to the historic/archival, from the theoretical to the applied, from the researched to the creative, and from empirical to essayist forms. Journal editors and reviewers include social scientists, artists, and theorists specializing in labor issues
 
Inquiries concerning ALRA should be addressed to its lead editors: Sue Doe and Janelle Adsit.A25
Labour Relations Conference for University and College Management
Our friends at the Australian Higher Education Industrial Association (AHEIA), University and College Employers Association (UCEA), and Faculty Bargaining Services (FBS) have announced that the 3rd International Academic Labour Relations Conference for University and College Management will be taking place on May 1-5, 2017 in Sydney, Australia.A26
National Center for the Study of Collective Bargaining in Higher Education and the Professions 
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