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
                                                                                                 August, 2018
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.    September 7, 2018 Deadline for Call for Papers and Workshops

2.    The National Center Welcomes Joseph van der Naald

3.    Post-Janus State Advisory Memoranda


 
7,    Student Employee Unionization Since Columbia University Decision


12.   Columbia University: UAW Files to Represent Postdocs

13.   Warren County Community College: ULP to Proceed to Hearing

14.   University of Wisconsin: EEOC Files Age Discrimination Complaint

15.   University of Dayton: Petition Filed for Unit of Campus Police

16.   Lehigh University: Petition Filed for Unit of Campus Police

17.   Job Posting: Assistant Provost for Academic Employee and Labor Relations
September 7, 2018 Deadline for Call for Papers and Workshops
  COLLECTIVE BARGAINING AFTER JANUS  
 
The deadline for the National Center's Call for Papers and Workshops concerning our 2019 annual conference is September 7, 2018.  The theme of the conference will be Collective Bargaining after Janus v. AFSCME.   
 
We encourage scholars and practitioners from multiple disciplines to submit abstracts of proposed papers, panels or interactive workshops for next year's conference.   
W e welcome proposals for the presentation of recent research and proposals by authors of recently published books relevant to higher education, professional employment, unionization, collective bargaining, labor relations, or labor history.
 
Those interested in presenting their work should upload an abstract by September 7, 2018 to 2019AbstractDropbox  that includes a description of the proposed paper, panel or interactive workshop. Abstracts of panels and workshops should include a list of invited participants including their title and aļ¬ƒliation. Questions concerning the call for papers  should be emailed to   2019 National Center Annual Conference. 
 
William A. Herbert
Executive Director
 
Michelle Savarese
Administrator  A2
The National Center Welcomes Joseph van de Naald  
The National Center is pleased to welcome Joseph van der Naald, who is a third-year PhD student in the sociology program at the CUNY Graduate Center. His research is generally concerned with public sector labor unions in the United States and the formation of the American welfare state.  Joseph will be assisting with on-going National Center research projects. 
 
In addition to his work at the National Center, Joseph is a research analyst at the Joseph S. Murphy Institute for Worker Education and Labor Studies at the CUNY School of Labor and Urban Studies, and this year is serving as an Advanced Research Collaborative fellow at the Economic Studies Group at the Graduate Center.A3
Post-Janus State Advisory Memoranda 
Over the summer, a number of states have issued advisory memonranda and executive orders that provide guidance concerning  the Supreme Court decision in Janus v. AFSCME.  The following are links to those state administrative actions:


U Mass. Dartmouth: Fragmentation Petition to Remove Dept. Chairs 
University of Massachusetts Dartmouth, CERB CAS-18-6523

The University of Massachusetts Dartmouth has a petition pending with the Massachusetts Commonwealth Employment Relations Board seeking to remove the positions of department chairs and library division head from a bargaining unit represented by AFT Local 1895, AFL-CIO Faculty Federation that includes faculty, librarians, professional technicians, and law librarians.  The most recent collective bargaining agreement between the parties expired on June 30, 2017.   
 
The following is the basis cited by the university in its petition to remove the positions from the bargaining unit:
 
The positions of Department Chair and Library Division Head have historically been in the bargaining unit.  Over the years, their supervisory responsibilities have increased.  They are clearly supervisors and have wide-ranging authority and effective input in many personnel matters, including, among others, hiring, non-reappointments, merit pay decisions, evaluations, promotional and tenure recommendations, office assignments and teaching assignments.  There have been many instances in which members of the bargaining unit have grieved and/or objected to decisions of the Chairs and Division Heads.  A5
Brandeis University: First Contract Reached with SEIU for GSE Unit
According to a news report in the Boston Globe, Brandeis University and SEIU have reached a tentative agreement for a first contract for the graduate student employee unit at that institution.  It is the first such agreement reached concerning a student employee bargaining unit in the private sector since the NLRB's decision in Columbia University, 364 NLRB No. 90 (2016).   
 
The following is the certified GSE bargaining unit at Brandeis University:
 
Included: All PhD students who provide instructional services, whether as instructors, teaching assistants, teaching fellows, or course assistants, as a condition of receiving a stipend and/or tuition remission, or who provide instructional services beyond their stipend or tuition remission (but that does not otherwise qualify them for inclusion in the adjunct faculty bargaining unit).  
 
Excluded: All masters students, all graduate students in the Rabb School of Continuing Studies, graduate students receiving University Prize Instructorships, and all other employees, managers, confidential employees, guards and supervisors as defined by the Act.
 
Once finalized, the agreement between Brandeis University and SEIU will not be the only collective bargaining agreement in higher education applicable to graduate students working for private institutions.  In 2015, New York University and the UAW reached a contract for a GSE bargaining unit, which expires in 2020.   
 
In addition, the Communications Workers of America has an agreement with the SUNY Research Foundation, a private sector entity, for a unit of research assistants.
 
Likewise, the Professional Staff Congress has negotiated contracts for bargaining units that include graduate students working for the CUNY Research Foundation. A6
University of Chicago: ULP for Refusal to Bargain with Student Union
University of Chicago, NLRB Case No.  13-CA-217957

The International Brotherhood of Teamsters Local 743 (IBT) has a pending  unfair labor practice charge with the NLRB, originally filed on April 5, 2018, against the University of Chicago for its failure to recognize IBT as the exclusive representative after IBT was certified to represent the following unit of student employees working in the university's libraries:

All hourly paid student employees of the University of Chicago Libraries, including students employed at the Joseph Regenstein Library, the Joe and Rika Mansueto Library, Eckhart Library, John Crerar Library, D'Angelo Law Library, and the Social Services Administration Library. Excluded: All employees represented by other labor organizations and covered by other collective-bargaining agreements, temporary employees, managerial employees, guards, and professional employees and supervisors as defined in the National Labor Relations Act.

On July 10, 2018, the NLRB General Counsel moved for summary judgement against the University of Chicago regarding the IBT charge, which has been opposed by the university.  The motion remains pending before the NLRB. A7
Student Employee Unionization Since Columbia University Decision 
The following is an update concerning unionization efforts by student employees at private colleges and universities on the second anniversary of NLRB's Columbia University decision, which was issued on August 23, 2016.

The charts below identify the higher education institutions, the affiliated national unions, and the status at each institution.

Absent from the charts are current organizing campaigns taking place on private university campuses, which have not yet led to the filing of an NLRB representation petition or a negotiated non-NLRB procedure. The charts also do not reflect student employee unionization efforts on public university campuses over the past two years.


Certification of Bargaining Representatives Following Election
Aggregate Number of Student Employees in Eight Units: 11,829

               Institution                       Union                           Status

Brandeis University
     SEIU
First Tentative Agreement Reached
American University
     SEIU
Negotiating
New School
     UAW Negotiating
Tufts University
     SEIU Negotiating
Harvard University
     UAW
Negotiations Scheduled
Columbia University
     UAW
University Refuses to Negotiate
Loyola University Chicago
     SEIU
University Refuses to Negotiate
University of Chicago
      IBT
University Refuses to Negotiate

Pending Representation Matters
Aggregate Number of Student Employees Unknown at Present Time
 
 Institution                       Union                            Status
 
Georgetown University
       AFT 
Agreement for Non-NLRB Procedure
Brown University
       AFT Agreement for Non-NLRB Procedure
 
Petitions Withdrawn Following Certifications of Bargaining Agents
Aggregate Number of Student Employees in Eleven Units:  3,648
 
        Institution                       Union                            Status  
 
Yale University
 UNITE
 -
HERE
8 Department-Based Petitions Withdrawn Following Certifications 
Boston College
     UAW
Withdrawn Following Certification
University of Chicago 
     AFT
 -AAUP
Withdrawn Following Certification 
Reed College 
       IND 
Withdrawn Following Certification (Undergraduate Housing Advisors) 
 
Petitions Withdrawn Before Representation Elections  
Aggregate Number of Student Employees: 2,409 
 
 Institution                        Union                            Status
 
University of Pennsylvania
      AFT
Withdrawn Before Election
George Washington Univ.
      SEIU
Withdrawn Before Election 
(Resident Advisors)
 
 Petitions Withdrawn/Dismissed Following Representation Elections
Aggregate Number of Student Employees:  4,600+
 
              Institution                          Union                              Status   
 
Duke University
     SEIU
Withdrawn After Ballot Tally
Washington University 
     SEIU
Withdrawn After Ballot Tally
Yale University (Physics Department)      UNITE
     -HERE
Certification of Results 
Cornell University      AFT      Non-NLRB Election Vote Against
A8
University of Michigan: Successor Agreement Reached for Lecturers
The University of Michigan and Lecturers' Employee Organization (LEO), AFT-Michigan Local 6244 have reached an agreement for a three year successor contract, which ends in 2021.  

Under the agreement, the minimum salary in the first year of the agreement for entry-level faculty with a Lecturer I appointment will increase to $48,000 on the Ann Arbor campus and $38,000 on the Flint and Dearborn campuses.  The minimum salaries will increase to $51,000 on the Ann Arbor campus and will increase to $41,000 on the Flint and Dearborn campuses by year three of the agreement.  The agreement also includes an equity adjustment in the first year based on years of service ranging from $3,000 to $12,500, and first-year annual increases on all three campuses to ensure that lecturers receive at least a 3.25 % or 4 % increase in the first year.  

In Ann Arbor, lecturers will receive a 2.5 % increase in the second year of the contract and a 3 % increase in the third year of the contract. In Dearborn and Flint, lecturers will receive an increase tied to increase for tenure-track faculty or a minimum of 2 % in years two and three of the agreement.A9
 Oregon Institute of Technology:  AAUP Certified to Represent FT Unit
Oregon Institute of Technology, OERB Case No. RC-008-18

On June 27, 2018, AAUP was certified without an election by the Oregon Employee Relations Board to represent a bargaining unit of full-time faculty and librarians at the Oregon Institute of Technology.

The following is that at-issue bargaining unit at the Oregon Institute of Technology:

All full time faculty, instructors, and librarians working at .5 FTE or above at the Oregon Institute of Technology, but excluding employees in the following groups: (1) faculty employed as a president, vice president, provost, vice provost, dean, associate dean, assistant dean, head or equivalent position; (2) faculty employed in an administrative position without a reasonable expectation of teaching, research or other scholarly accomplishments; (3) classified staff; (4) confidential employees; and (5) faculty chairs.A10
University of Washington: SAG Certified to Represent Radio Staff
University of Washington, WPERC Case No. 129900-E-17
   
On July 31, 2018, the Screen Actors Guild - American Federation of Television and Radio Artists was certified by the Washington Public Employment Relations Commission to represent the following unit of the radio station employees at the University of Washington:  
 
Included: University of Washington regular full-time and regular part-time employees working at the employer's radio station KUOW located at 4518 University Way NE, Suite 310, Seattle, WA 98105 and employees working in remote bureaus of KUOW, who perform work that is exempt from civil service creating news and local programming, specifically, those University of Washington employees who produce, report, write, host or announce news for KUOW radio including web content, video, and podcasts.
 
Excluded: All other University of Washington employees, regardless of their work location; other employees working at KUOW, regardless of their employer, including but not limited to sales staff; student employees; temporary employees; casual employees; supervisors; managers; confidential employees; clerical employees; and guards. B1
University of Connecticut: UAW Seeks to Represent Postdocs
University of Connecticut, CSBLR Case No. SE-33177
 
On April 30, 2018, the UAW filed a representation petition with the Connecticut State Board of Labor Relations seeking to represent approximately 143 post-doctoral scholars at the University of Connecticut.  According to media reports the university has agreed to voluntary recognize the UAW following a card check by the Connecticut State Board of Labor Relations.  
 
The following is the at-issue unit of post-doctoral scholars set forth in the UAW representation petition: All postdoctoral scholars, including fellows and trainees and any other similarity-situated employees doing substantially similar work.  B2
Columbia University: UAW Files to Represent Postdoctoral Scholars
Columbia University, NLRB Case No. 02-RC-225405

On August 10, 2018, the UAW filed a petition seeking to represent approximately 2,000 post-doctoral scholars at Columbia University.  The hearing on the petition has been rescheduled by the the NLRB Regional Director.

The following is the at-issue unit of post-doctoral scholars in the UAW representation petition:

Included: All post doctoral researchers who have received a doctorate or its professional equivalent who provide services to the university including post doctoral research scientists/scholars, post doctoral research fellows, associate research scientists/scholars or anyone with substantially equivalent qualifications who conducts similar work at all of the employers facilities.

Excluded: All other employees, guards and supervisors as defined in the Act.  B3
Warren County Community College: ULP to Proceed to Hearing  
Warren County Community College, NJPERC Case No. CO-2016-006
 
The New Jersey Public Employment Relations Commission (NJPERC) issued a decision on June 28, 2018 denying a motion by the Warren County Community College for summary judgment seeking dismissal of an unfair labor practice charge filed by the Warren County Community College Faculty Association concerning unilateral changes to the promotional guidelines for Assistant Professors and Associate Professors. In its decision, NJPERC found that the union had made sufficient allegations in its charge, as amended, to warrant the holding of an evidentiary hearing.B4
University of Wisconsin: EEOC Files Age Discrimination Complaint
EEOC v. Board of Regents of the University of  Wisconsin System, Civil Action No: 3:18-cv-00602 (W.D. Wis.)

The United States Equal Employment Opportunity Commission (EEOC) has announced the commencement a federal lawsuit against the University of Wisconsin alleging it violated the Age Discrimination in Employment Act (ADEA) when it refused to hire Bambi Butzlaff Voss for six different administrative positions because of her age.  Butzlaff Voss had been Marketing and Communications Specialist at the university's Waukesha campus with 25 years of experience.  After her position was scheduled to be abolished she applied for a number of positions at the University of Wisconsin System's office but was rejected despite her qualifications and experience. B5
University of Dayton: Petition Filed for Unit of Campus Police
University of Dayton, NLRB Case No. 09-RC-226112

On August 23, 2018, the Law Enforcement Officers Security Unions LEOSU, LEOS-PBA filed a petition to represent a unit of 29 members of the campus police at the University of Dayton.  The following is the proposed bargaining unit:
 
Included: All full-time and regular part-time Sergeants, Corporals, Police Officers, Patrol Officers and Dispatchers as defined under Section 9(b)3 of the Act employed by the Employer  
 
Excluded: All office clerical employees, all professional employees, and 2(11) supervisors as defined in the Act.B6
Lehigh University: Petition Filed for Unit of Campus Police
Lehigh University, NLRB Case No. 04-RC-225851

On August 20, 2018, the Law Enforcement Officers Security Unions LEOSU, LEOS-PBA filed a petition to represent a unit of 24 members of the campus police at Lehigh University.  The following is the proposed bargaining unit:
 
Included: All full-time and regular part-time police officers, security guards and dispatchers performing guard duties as defined under Section 9(b)3 of the Act employed by Lehigh University at its Bethlehem, Pennsylvania campus.  
 
Excluded: All other employees, including office clerical employees, professional employees, corporals, sergeants, lieutenants and supervisors as defined in the Act. B7
 Job Posting: Assistant Provost for Academic and Labor Relations
Oregon State University's Office of  Senior Vice Provost for Faculty Affairs seeks to fill the position of Assistant Provost for Academic Employee and Labor Relations. The Assistant Provost will report to the Senior Vice Provost. This position is a 12 month 1.0 FTE, fixed-term benefits-eligible professional faculty position. Salary is commensurate with experience and qualifications and the Assistant Provost will start as soon as possible.

The Assistant Provost for Academic Employee and Labor Relations is responsible for the management of academic employee and labor relations as well as the management of collective bargaining negotiations and contract administration, progressive discipline and grievances in a manner that supports positive and professional relationships with employees, union representatives, supervisors, managers and administrators.

Applications are due on September 10, 2018.  To apply, please go to: https://jobs.oregonstate.edu , posting P02383UF . The position will remain open until filled. 

For additional information please contact: Sara.Daly@oregonstate.edu . The search committee is chaired by Dr. Dan Edge, Associate Dean, College of Agricultural Sciences.B8
Journal of Collective Bargaining in the Academy 

Journal of CBA Logo  
 
The Journal of Collective Bargaining in the Academy is the National Center's peer review multi-disciplinary journal that is co-edited by Jeffrey Cross, Eastern Illinois University, and Gary Rhoades, University of Arizona. 

We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor representation, 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 a post-Janus world.
 

The following are articles published in the latest Journal volume:
 
Op-Eds 
 
The Slippery Slope of "Unique" by Daniel J. Julius counters the commonly held notion among academics that their collective bargaining is essentially different from other bargaining units.
 
Anti-Intellectualism, Corporatization, and the University by Henry Reichman touches on the culture of anti-intellectualism and connects it to the oft-referenced business model for higher education.    
 
Articles 
 
The History Books Tell It? Collective Bargaining in Higher Education in the 1940s by William A. Herbert examines the little-known history of collective bargaining in higher education from the 1940s including the collective bargaining program instituted by the University of Illinois and the role of United Public Workers of America and its predecessor unions in negotiating the first contracts for faculty before the union was destroyed during the McCarthy era.  
 
Contracts with Community College Adjunct Faculty Members and Potential Supplemental Benefits to Increase Satisfaction by Kimberly Ann Page analyzes the benefits that can be attained for adjunct faculty through collective bargaining based on survey data from New England community colleges.
 
Unionization and the Development of Policies for Non-Tenure Track Faculty: A Comparative Study of Research Universities by Karen Halverson Cross provides a cross-sectional analysis of adjunct contracts, covering a sample of research universities from across the nation including those with and without CBAs that include adjunct faculty.
 
Practitioner Perspective 
 
The Accidental Academic: Reflections on 50 Years in Academic Collective Bargaining by William Connellan gives a retrospective from a 50-year veteran in academic labor relations that reminds us of the complexity of bargaining, with not only the internal tensions, but the external dimension to what happens at the bargaining table.

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.    
National Center for the Study of Collective Bargaining
in Higher Education and the Professions 
national.center@hunter.cuny.edu | http://www.hunter.cuny.edu/ncscbhep
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