for the S tudy of C ollective B argaining in 
H igher E ducation and the P rofessions
Follow us on Twitter @HigherEd_CB
Happy Holidays from the National Center
December 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.     Register Now for the National Center's April 16-18 2018 Annual Conference
2.     A Successful Regional Conference at Cal State Long Beach

7.     New NLRB GC Rescinds GC Report on NLRA Rights on Campus

17.    Pasco-Hernando State College: UFF Files to Represent FT TT Faculty

18.    New Article on Collective Bargaining in Higher Education

Register Now for the National Center's 45th Annual Conference
   45th Annual Conference in NYC: April 15-17, 2018
Facing New Realities in Higher Education and the Professions  
Registration has begun for the National Center's annual labor-management conference, which will be taking place on April 15-17, 2018 at the CUNY Graduate Center in New York City.  The conference will include interactive workshops, research presentations, and panels relevant to faculty, administrators, and non-faculty staff at universities, colleges, and community colleges.

The keynote speaker will be David Weil, Dean of the Heller School for Social Policy and Management at Brandeis University.  Dean Weil is author of The Fissured Workplace: How Work Became So Bad for So Many and What Can be Done to Improve It.

The conference plenary session will be examining Dr. Martin Luther King, Jr. and his legacy for our times, 50 years after his assassination in Memphis. The confirmed speakers for the plenary session are three historians: William P. Jones, the University of Minnesota, Derryn Moten, Alabama State University, and  Jeanne Theoharis, Brooklyn College.

The following are some of the confirmed conference panels and workshops:

Workshops on April 15, 2018

Unionization and collective bargaining for administrators

Unionization and collective bargaining for academic labor

Bargaining over health care in higher education

Preparing, presenting, and defending at arbitration

Financial data analysis in higher education

Effective lobbying for higher education

Panels on April 16-17, 2018

Responding to Janus: collective bargaining and membership engagement

Recently negotiated first contracts for adjunct faculty

Bargaining a first contract for graduate student employees

Interest-based bargaining at community colleges

Collective bargaining for non-academic staff

Wage discrimination at universities and professional schools

Creative solutions for resolving wage compression

Mission-driven classification systems and the impact of collective bargaining

Labor-management alliances in support of higher education funding

Online harassment of faculty and administrators

Resolution of conflicts and improvement of labor-management relationships

The politics and impact of accreditation

Unionization at religiously-affiliated colleges and universities

Unionized environments at academic libraries

The financialization of higher education

The unionization of doctors and nursesB2
A Successful Regional Conference at Cal State Long Beach 
The National Center extends its many thanks to the participants and attendees at our regional labor-management conference held at California State University, Long Beach on December 1-2, 2017. Click here for the regional conference program.   
We greatly  appreciate the generous support of the regional conference from our co-sponsors:  California State University California Faculty Association Community College League of California SEIU,  and the  University of Oregon B3
Harvard University: NLRB Denies Request for Review Over GSE Election
Harvard College, NLRB Case No. 01-RC-186442

On December 12, 2017, the NLRB Board issued a decision denying Harvard University's Request for Review seeking to challenge a July 7, 2017 decision by NLRB Region 1 Director John J. Walsh, Jr, which affirmed a Hearing Officer's report and recommendations concerning challenged ballots and objections filed by Harvard College and the Harvard Graduate Students Union-UAW (HGSU-UAW) following a representation election held on November 16 and 17, 2016. The college also requested a stay of proceedings pending the outcome of its Request for Review. 
The at-issue unit includes approximately 3,556 student employees. The tally of ballots from the election demonstrated that 1,272 student employees voted in favor of HGSU-UAW representation, and 1,456 employees voted against. There were an additional 314 challenged ballots.

The November 16-17, 2016 election was conducted following a stipulated election agreement that defined the Harvard student employee unit in the following manner:

All students enrolled in Harvard degree programs employed by the Employer who provide instructional services at Harvard University, including graduate and undergraduate Teaching Fellows (teaching assistants, teaching fellows, course assistants); and all students enrolled in Harvard degree programs (other than undergraduate students at Harvard College) employed by the Employer who serve as Research Assistants (regardless of funding sources, including those compensated through Training Grants). This unit includes students employed by Harvard University and enrolled in the Harvard Graduate School of Arts and Sciences, Harvard Business School, the Division of Continuing Education, Harvard Graduate School of Design; Harvard Graduate School of Education, the Harvard John A. Paulson School of Engineering and Applied Sciences, the John F. Kennedy School of Government at Harvard University, Harvard Law School, Harvard Divinity School, Harvard Medical School, the Harvard T.H. Chan School of Public Health, and Harvard College, excluding all undergraduate students serving as research assistants, and all other employees, guards and supervisors as defined in the Act. B4
Columbia University: NLRB Certifies UAW to Represent GSE Unit
Trustees of Columbia University, NLRB Case No. 02-RC-143012
On December 18, 2017, the NLRB Board issued a decision denying election objections filed by Columbia University to an election held on December 7-8, 2016 involving a unit of graduate student and undergraduate assistants.  

The three-member NLRB Board agreed that most of Columbia University's objections were without merit.  They disagreed, however, concerning objections focused on the inconsistencies in the voter identification procedures employed by NLRB Region 2 during the conduct of the election.  The Board majority rejected those objections on the grounds that the university failed to demonstrate that the irregularities in the identification procedures resulted in prejudicial harm.  In his partial dissent, Chairman Miscimarra stated that the irregularities in the election required the conduct of a rerun election.

Following the rejection of the university's election objections, the NLRB Board certified the Graduate Workers of Columbia-GWU, UAW as the exclusive representative of university employees in the following bargaining unit:

All student employees who provide instructional services, including graduate and undergraduate Teaching Assistants (Teaching Assistants, Teaching Fellows,
Preceptors, Course Assistants, Readers, and Graders): All Graduate Research Assistants (including those compensated through Training Grants) and All Departmental Research Assistants employed by the Employer at all of its facilities, including Morningside Heights, Health Sciences, Lamont-Doherty, and Nevis
facilities, but excluding all other employees, guards, and professional employees and supervisors as defined in the Act.E5
Univ. of Chicago: Hearing Ordered on Student Election Objections
University of Chicago, NLRB Case No. 13-RC-198365
On December 15, 2017, the NLRB issued a decision granting a Request for Review by the University of Chicago, in part, from a Regional Director's July 10, 2017 Supplemental Decision and Certification of the International Brotherhood of Teamsters (IBT) as the exclusive representative of  the following bargaining unit of 199 student library employees:
Included: 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 June 8, 2017, the tally of ballots found that the library student employees voted 67-13 in favor of IBT representation in an election held on June 2, and 5-8, 2017. 
In its December 15, 2017 decision, the NLRB Board ruled 2-1 that a hearing should be held concerning Objection 2 raised by the University of Chicago concerning the conduct of the election:  
The University objects to conduct affecting the results of the election because on  
June 2, 2017 [IBT's] agents, wearing union insignia, stationed themselves in locations where voters would be forced to pass in order to get to the polling places.

The NLRB Board majority found that the university in its offer of proof had identified "witnesses who directly observed alleged surveillance by the [IBT's] agents at each of the two voting locations, in addition to photographs of the agents and the signs they displayed. The offered testimony indicates that the [IBT's] agents stationed themselves where voters had to pass in order to vote at the SSA location. A hearing would help determine whether, among other things, the agents at the Regenstein location likewise stationed themselves in areas voters would be forced to pass." B5 
Bethany College: Motion to Dismiss ULPs Denied by NLRB Board
Bethany College, NLRB Case Nos.14-CA-201546 and 14-CA-201584 
On December 6, 2017, the NLRB issued a decision denying a motion to dismiss, or in the alternative for summary judgment, by Bethany College concerning a complaint issued by the NLRB Region 14 Director on August 30, 2017 based on unfair labor practice charges filed by historians Thomas Jorsch and Lisa Guinn following their terminations on June 27, 2017.   

The complaint alleged, inter alia, that Bethany College violated the National Labor Relations Act by seeking to have faculty sign an agreement not to disclose a proposed tenure plan, by prohibiting employees from discussing their terms and conditions of employment, and by retaliating against Jorsch and Guinn for engaging in protected concerted activities.  

Following issuance of the complaint, Bethany College filed a motion to dismiss, or in the alternative for summary judgment, asserting that the NLRB lacked jurisdiction because the institution is religiously affiliated under NLRB v. Catholic Bishop of Chicago , 440 U.S. 490 (1979).  In denying the motion, the NLRB Board concluded that the college had failed to demonstrate that there were no genuine issues of material facts warranting a judgment as a matter of law. B6 
New NLRB GC Rescinds GC Report on NLRA Rights on Campus
 On December 1, 2017, new NLRB General Counsel Peter B. Robb issued a memorandum to all NLRB Regional Offices that, inter alia, set forth a list of significant legal issues that might arise in cases that should be submitted to the NLRB's
Division of Advice.   
In his memorandum, General Counsel Robb also withdrew a January 31, 2017 Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context issued by former NLRB General Counsel Richard F. Griffin, Jr.   
In the January 2017 memorandum, former NLRB General Counsel Griffin summarized NLRB case law with respect to employee status under the National Labor Relations Act (NLRA) in the university setting and explained how his office would apply NLRB Board representational decisions in the unfair labor practice context.   
In his memorandum, former NLRB General Counsel Griffin concluded that scholarship football players satisfied the definition of employee under the NLRA and the common law, and therefore had the right to engage in concerted activities for "mutual aid or protection" under NLRA despite the NLRB's decision in Northwestern University, 362 NLRB No. 167 (2015) declining to assert jurisdiction over a representation case filed on behalf scholarship football players at  Northwestern.B7
Fordham Univ: SEIU Certified to Represent NTT Faculty Unit
Fordham University, NLRB Case No. 02-RC-207806
On November 22, 2017, the NLRB certified SEIU to represent a unit of approximately 905 part-time and full-time adjunct faculty at Fordham University following an election in which 456 faculty members voted in favor of SEIU representation and 28 voted against.  
The following is the at-issue faculty unit at Fordham University:  
Included: All part - time and non - tenure track faculty who teach at Fordham's Rose Hill Campus, Lincoln Center Campus, Westchester Campus, including: Adjunct Instructors; Adjunct Lecturers; Adjunct Assistant Professors; Adjunct Associate Professors; Adjunct Professors who were employed by the Employer during the payroll period ending October 13, 2017, or who were employed in the petitioned - for unit during the Spring 2017 semester. (2) Full - Time Non - Tenure Track Faculty: All full - time non - tenure track faculty who teach at Fordham's Rose Hill Campus, Lincoln Center Campus, Westchester Campus, including: Lecturers; Senior Lecturers; Clinical Professors; Assistant Clinical Professors; Associate Clinical Professors; Instructors (non - tenure track); Postdoctoral Fellows; Coordinators who were employed by the Employer during the payroll period ending October 13, 2017, or who were employed in the petitioned for unit during the Spring 2017 semester.
Excluded: Graduate Assistants; Research Assistants; Graduate Students; all tenured and  tenure - track faculty; part - time and full - time non - tenure track faculty in the Fordham University School of Law; part - time non - tenure track faculty in the Gabelli School of Business; part - time non - tenure track faculty in the Graduate School of Education; full - time visiting professors of all ranks; full - time Artists in Residence; full - time Writers in Residence; all faculty who hold other part - time or full - time employment with the Employer or who are past or current members of Fordham's Board of Trustees; all part - time and full - time faculty who hold positions of Directors, Associate Directors, and Assistant Directors, Professors Emeriti, Associate Professors Emeriti, Professors of Military Science and other faculty of Military Science; Reserve Officer Training Corps part - time non - tenure track faculty; Research Professors; Research Associate Professors; Research Assistant Professors; Research Fellows; part - time and full - time non - tenure track faculty who teach only online, or only non - credit bearing courses; part - time and full - time non - tenure track faculty who hold the position of Chair, Associate Chair, or Assistant Chair; and all guards, and managers and supervisors, as defined in the Act.B8
Yale and Vanderbilt Universities: Micro-Units in Legal Jeopardy
Yale University, NLRB Case Nos. 01-RC-183014, 01-RC-183016, 01-RC-183022
01-RC-183025, 01-RC-183031, 01-RC-183038, 01-RC-183039, 01-RC-183043 and
01-RC-183050; Vanderbilt University, NLRB Case No. 10-RC-193205

In representation cases concerning graduate student employees at Yale University and non-tenure track faculty at Vanderbilt University, NLRB Regional Directors applied the NLRB's 2011 decision in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011) enfd. sub nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013) (Specialty Healthcare) to find that micro-units of employees were appropriate under the National Labor Relations Act.  
In Specialty Healthcare, the NLRB held that when a petitioned-for unit includes employees who are "readily identifiable" as a group and the group shares a community of interest, the petitioned-for unit would be found appropriate unless the employer demonstrated that employees in a larger unit share an "overwhelming" community of interest with those in the petitioned-for unit. 
On December 15, 2017, however, in PCC Structurals, Inc. 365 NLRB No. 160 (2017), the NLRB overruled the decision in Specialty Healthcare finding its standards "fundamentally flawed" and "substantially altered the applicable standards" for determining the appropriateness of bargaining units under the National Labor Relations Act. The reversal of Specialty Healthcare places the micro-units at Yale and Vanderbilt Universities in legal jeopardy unless the NLRB's recent decision in PCC Structurals, Inc. is distinguished in later decisions or overturned by a reviewing court. B9 
Howard University: SEIU Certified to Represent FT NTT Faculty Unit
Howard University, NLRB Case No. 05-RC-208474 

On December 8, 2017, SEIU was certified to represent seeking a unit of 131 full-time non-tenure track faculty members at Howard University.  In May, 2014, SEIU was certified to represent a unit of part-time non-tenure track faculty at the university, which led to a first contract in 2016. 

The certification of SEIU to represent the full-time non-tenure track faculty followed a November 20, 2017 tally of ballots in which 46 faculty members voted in favor of union representation and 24 voted against.

The following is the proposed unit sought in SEIU's pending representation petition:

Included: All full time faculty employed by the employer at its Washington, DC campus appointed to non-tenure track positions (i.e. positions for which they will not be considered for tenured appointments following a probationary period) who hold any of the following titles or status: Temporary status, Career Status, Lecturer, Instructor, Master Instructor, Assistant Professor, Associate Professor, Research Professor and Professor.

Excluded: All tenure-track faculty, visiting faculty, contract faculty, faculty whose primary responsibilities include clinical supervision and who are required to maintain professional licenses, faculty in the schools of Nursing and Allied Health Sciences, Dentistry, Medicine, Pharmacy, Divinity, Business, and Law; deans, provosts, administrators, program coordinators, program directors, department chairs, associate department chairs, employees teaching non-credit courses; and all other employees of the University, including managers, confidential employees, guards and supervisors as defined by the Act.B10

Washington University: Petition to Represent GSE Unit Withdrawn
Washington University, NLRB Case No. 14-RC-206299

On November 13, 2017, SEIU withdrew its petition seeking to represent a unit of graduate student employees (GSE) working at Washington University.

On October 26, 2017, NLRB Region 14 tallied the ballots in the representation election concerning the SEIU petition.  Of the 494 eligible voters, 216 voted against SEIU representation, 174 voted in favor, with an an additional 174 ballots challenged.  The representation petition was withdrawn following the scheduling of a hearing with respect to the 174 challenged ballots

The following was the at-issue GSE unit at Washington University:

Included: All graduate students who are in departments and programs of the College of Arts and Sciences, housed on the Danforth Campus, who are working toward PhD degrees offered by the Employer's Graduate School and who are employed by the Employer to provide instructional services in undergraduate or graduate classrooms or labs or to provide research services in a department or program of the College of Arts and Sciences, housed on the Danforth Campus, including, but not limited to, such workers known as Graders, Instructors, and Assistants to Instructor, also known as Teaching Assistants, Research Assistants, Instructional Aides, Mentored Teaching Experiences (MTE), and Mentored Research Experiences (MRE). 

Excluded: Guards and supervisors as defined by the Act and all other employees. B11
University of Pittsburgh: USW Files Petition for a GSE Bargaining Unit 
According to a news report, the United Steelworkers filed a representation petition on December 15, 2017 with the Pennsylvania Labor Relations Board seeking to be certified as the representative of a unit of approximately 2,000 graduate student employees at the University of Pittsburgh.  
The following is the petitioned-for unit:
Included:  All salaried and hourly graduate employee Teaching Assistants, Teaching Fellows, Graduate Student Assistants, and Graduate Student Researchers employed by the University of Pittsburgh at its Pittsburgh, Pennsylvania campus.

Excluded:  All other employees, including trainees, unpaid graduate students, faculty, staff, office clerical employees, non-professional employees, guards, and supervisors. D12  
Georgetown Univ. : Request by GSE for Voluntary Recognition Rejected 
The November 1, 2017 request by the Georgetown Alliance of Graduate Employee-AFT to Georgetown University for voluntary recognition has been rejected by the university.  In a letter dated December 4, 2017 from Provost Robert M. Groves and Executive Vice President for Health Science  Edward B. Healton, the university stated that the "graduate student's relationship with the University is fundamentally an educational one," and that the university's Just Employment Policy is inapplicable to graduate students. D13  
Elmhurst College: Petition to Represent NTT Faculty Withdrawn 
Elmhurst College, NLRB Case No. 13-RC-210101
On November 17, 2017, SEIU filed a petition seeking to represent a unit of 195 full-time and part-time non-tenure track faculty at Elmhurst College in Illinois.  The following was the unit sought in the representation petition:
Including: All full-time and part-time graduate and undergraduate non-tenure track faculty (including but not limited to the following titles: Adjunct Faculty, Adjunct Professor, Adjunct Instructor, Instructor, Lecturer, Visiting Assistant Professor) who are employed and compensated directly by Elmhurst College at its main campus 190 S Prospect Ave, Elmhurst, IL 60126 who teach at least one credit-bearing course in a degree granting program.  
Excluding: All tenured faculty, tenure-track faculty, all faculty only teaching at locations other than described above; all faculty teaching online or hybrid courses only; employees who do not teach undergraduate or graduate level credit-earning courses or labs; all administrators (including deans, directors, provosts, and chairs who may have teaching assignments); athletic coaches; all mernbers of the Board of Trustees; all other employees employed by the college, including those who teach a class or a course and are separately compensated for such teaching; all managers, confidential employees, office clerical employees, professional employees, guards and supervisors as defined in the Act.  
On November 29, 2017, the NLRB Region 13 Director issued a letter approving SEIU's withdrawal of the petition.  It appears from a  news report that Elmhurst University was going to challenge the NLRB's jurisdiction over the issue of representation on the grounds that the institution was affiliated with United Church of Christ.  Following the withdrawal, a delegation of United Church of Christ clergy delivered a letter signed by 104 pastors to the Elmhurst College President supporting the faculty's right to unionize.   D14 
Broward College: NTT Vote Overwhelmingly for SEIU Representation 
Broward College Board of Trustees, FPERC Case No. EL-2017-033
On December 15, 2017, the Florida Public Employees Relations Commission tallied the ballots concerning a representation petition filed by SEIU seeking to represent a unit of 1669 part-time non-tenure track faculty at Broward College.  The tally of ballots demonstrates that 539 faculty voted in favor of representation an 47 voted against.   
The following is the at-issue NTT faculty unit at Broward College :
Included: Part-time, non-tenure-track adjunct faculty employed by Broward College who teach at least one college-credit bearing or non-college-credit bearing course at the following locations: A. Hugh Adams Central Campus, Online Campus, Judson A. Samuels South Campus, the Aviation Annex at South Campus, North Campus, Miramar Town Center, Pines Center, Willis Holcombe Center, Weston Center, and Miramar West Center.  
Excluded: All other faculty including tenured and tenure-track faculty, visiting or contract faculty, faculty who are currently part of an existing bargaining unit (i.e., United Faculty of Florida), associate professor, senior professor, instructor, independent study/internship adjuncts, donated or stacked class instructors (dual enrollment instructors), all full-time employees of the College who are not also compensated for teaching, all full-time employees of the College who also teach a class as an adjunct instructor, all administrators (including campus presidents, vice presidents, associate vice presidents, deans, associate deans, district directors, directors, executive directors), coordinators, student services generalists, athletic coaches, all other employees of the College who are in another bargaining unit (i.e. Federation of Police Employees), and all supervisory, managerial and confidential employees.   D15 
Herkimer  County Community College: Adjunct Faculty Vote to Unionize 
Herkimer County Community College and County of Herkimer,  
NYPERB Case No. C-6296
The New York State Public Employment Relations Board recently conducted an election concerning a representation petition by SEIU seeking to represent part-time non-tenure track faculty at Herkimer County Community College.  In a unit of 56 faculty members, 19 voted in favor of SEIU representation and 9 voted against.   
The following is that at-issue bargaining unit:
Included: All part-time adjunct faculty.
Excluded: All adjunct faculty who hold any full-time position at the College, and all others. D16 
Pasco-Hernando State College:  UFF Files to Represent FT TT Faculty 
  Pasco-Hernando State College Board of Trustees, FPERC Case No. RC-17036
On December 4, 2017, United Faculty of Florida filed a petition seeking to represent a unit of approximately 140 full-time tenured and tenure track faculty employed by Pasco-Hernando State College Board of Trustees.
The following is the faculty unit sought:
Included:  All full-time faculty
Excluded:  All managerial, administrative, supervisory and confidential employees including, but not limited to, those job titles categorized as follows: administrative and professional, career service, other professional services, part-time employees, adjunct faculty, acting or interim faculty and counselors and librarians. D17  
New Article on Collective Bargaining in Higher Education  
National Center Executive Director William A. Herbert and York College's Jacob Apkarian have authored a new article, entitled Everything Passes, Everything Changes: Unionization and Collective Bargaining in Higher Education, which appeared in the journal Perspectives on Work (2017) published by the Labor and Employment Relations Association.D18 
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, 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.D19
 Academic Labor: Research and Artistry 
Our friends at the Center for the Study of Academic Labor (CSAL) at Colorado State University have published the inaugural volume of Academic Labor: Research and Artistry, CSAL's  peer-reviewed open access academic journal. "The journal seeks to motivate ongoing research on matters relating to tenure and contingency in the academy."  It encourages "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."D20
California-AAUP Meeting: February 10, 2018 at Pepperdine University
California-AAUP will be holding its annual meeting on February 10, 2018 at Pepperdine University with keynote speaker Theresa Montaño, Vice President, California Teachers Association, Professor of Chicana/Chicano Studies, CSU Northridge, and former member of the National Center's Board of Advisors.   D21 
Bargaining for the Common Good: February 22- 24, 2018 at Rutgers Univ.
Registration has begun for the Bargaining for the Common Good in Higher Education Convening will take place on February 22-24, 2018 at Rutgers University.  It will "bring together leaders from higher education and health care unions, student groups, racial justice and other community organizations from across the country to strategize about how to transform contract negotiations into broader community fights and how to wage inspiring common good campaigns."  For more information, contact Marilyn Sneiderman at . C21
National Center for the Study of Collective Bargaining
in Higher Education and the Professions |
H unter College, City University of New York
425 E 25th St.
Box 615
New York, NY 10010