for the Study of Collective Bargaining in Higher Education and the Professions
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December 2019
Happy Holidays from the National Center
Welcome to the last issue of the National Center's monthly newsletter for 2019.

On behalf of the National Center and its Board of Advisors, we wish you a happy holiday season and a wonderful new year.

T his month's newsletter includes early registration discount information for our 2020 annual conference in New York City on March 29-31, 2020, along with a list of the confirmed panels, workshops and participants. The conference will be taking place at a new location: NYC Seminar & Conference Center, 46 West 24th Street, NY, NY 10010 (right off of 6th Avenue). The conference theme is Inequality, Collective Bargaining, and Higher Education.

Below are updates including a recent decision by the Seventh Circuit Court of Appeals upholding the certification of a new bargaining unit of student employees at the University of Chicago. The newsletter also reports on Pennsylvania’s State System of Higher Education Chancellor Dan Greenstein joining the National Center's Board of Advisors, the latest new faculty bargaining unit at a New Mexico community college, and other items of interest to our labor-management constituencies.

As always, if you have comments or story ideas please email us or contact us via Twitter.
Another Successful Regional Conference at CSU Long Beach
On December 6 and 7, 2019, the National Center held another very successful regional conference at California State University, Long Beach. The regional conference was co-sponsored by California State University, The Community College League of California, and Sloan Sakai Yeung Wong LLP.

The conference included superb panel discussions on many important topics including preventing sexual harassment in higher education, adjunct faculty and academic freedom, collective bargaining in the post-Janus era, the history and treatment of Latinx faculty in higher education, bargaining for the common good in higher education, and academic workers and immigration status.

We thank Ruben J. Garcia for his keynote address and to all of the conference participants and attendees. The regional conference would not have been possible without the support of the California Faculty Association, the California Public Employment Relations Board and the many entities that purchased advertisements in the conference program.
2020 Annual National Conference: Early Bird Registration Discount
Early registration has begun for the National Center's 47th annual conference on March 29-31, 2020. The conference theme is Inequality, Collective Bargaining, and Higher Education.

 Register now and receive an early bird discount. The discount ends on January 6, 2020.

The National Center is pleased to announce the new location for our 2020 conference. The conference will be held at the NYC Seminar & Conference Center. The center is located at 46 West 24th Street, NY, NY 10010 (right off of 6th Avenue).

The conference will not be held at the CUNY Graduate Center due to construction.
2020 Annual Conference Confirmed Panels and Workshops
Below are the confirmed panels and workshops for our 47th Annual National Conference on March 29-31, 2020:

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 Jennifer Mishory, Senior Fellow and Senior Policy Advisor, Century Foundation.

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: Affirmative Action in Higher Education with Cara McClellan, Assistant Counsel, NAACP Legal Defense and Educational Fund, Risa Lieberwitz, General Counsel, AAUP and P rofessor of Labor and Employment Law, Cornell University School of Industrial and Labor Relations, Victor Goode, Associate Professor, CUNY School of Law, and Lili Palacios-Baldwin, Deputy General Counsel for Labor, Employment and Litigation, Tufts University, Moderator.

Panel: Preparing and Presenting Grievances in Arbitration with Suzanne Clark, Michigan Education Association, NEA, Sarah Miller Espinosa, Labor Arbitrator, Mediator, and Ombuds, Letitia F. Silas, Senior Associate General Counsel, Howard University, and Homer La Rue, Arbitrator and Professor of Law, Howard University, 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, S onam Singh, former Unit Chair, BCF-UAW Local 2110, and Barry Miller, Senior Policy Advisor on Labour Relations, Office of the Provost, York University, Moderator.

Panel: Negotiating for Part-Time Faculty Equity 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, Dia M. Carleton, Chief Human Resources Officer, SUNY Oneonta, and Beth Margolis, Gladstein, Reif & Meginniss, LLP, Moderator.

Panel: RCM Budget Model, Collective Bargaining, and Faculty Salary Equity with
Cathy Y.H. Wang, Part-Time Lecturer, PhD candidate in Planning and Public Policy, Rutgers University, Laszlo M. Szabo, Esq., Director, Office of Research Regulatory Affairs, PhD student in Higher Education, Rutgers University, Rebecca Givan, Vice President, Rutgers AAUP-AFT and Associate Professor, Labor Studies and Employment Relations, School of Management and Labor Relations, Rutgers University, and Adrienne Eaton, Dean, Rutgers School of Management and Labor Relations, Moderator.

Panel: Annual Legal Update (CLE) with Aaron Nisenson , Senior Counsel, AAUP,
Katherine Robinson-Young, Associate General Counsel, SEIU, Henry Morris, Jr., Arent Fox LLP, and Michael Loconto, College Counsel, Curry College, Moderator.

Panel: Addressing Cultural Taxation of Faculty through Bargaining and Education with Cecil Canton Professor Emeritus, CSU Sacramento, Margarita Berta-Ávila, Professor, CSU Sacramento and CFA Associate Vice President , Aimee Shreck, CFA Director of Research and Communications, Anthony Browne , Chair, Department of Africana and Puerto Rican/Latino Studies, Hunter College, CUNY, and Kathy Sheffield, CFA Director of Representation, Moderator.

Panel: Collective Bargaining of Transgender Issues with Barbara J. Diamond, Diamond Law, Portland, Oregon, Mellissa Sortman, Director of Academic Human Resources, Michigan State University, Elizabeth S. Hough, Counsel to the President, United University Professions, and Elizabethe C. Payne, Founder and Director, Queering Education Research Institute (QuERI) at Roosevelt House, Hunter College, CUNY, Moderator.

Panel: Mass Incarceration and Higher Education (in formation) with Patrick Mitchell, Board Member, Community College Association, CTA, NEA, Michelle Jones, Doctoral Student, New York University, Vivian Nixon, Columbia University Teaching Fellow, and Bidhan Chandra Roy, California State University, Los Angeles.

Panel: ADA and FMLA: Rights and Responsibilities (CLE) with David Lopez, Co-Dean, Professor of Law and Professor Alfred Slocum Scholar, Rutgers Law School, Tony Thomas, Chief Legal and Labor Relations Officer, Brooklyn College, CUNY, Melissa S. Woods, Of Counsel, Cohen Weiss & Simon, LLP, and Joseph Ambash, Fisher & Phillips LLP, Moderator.
Panel: Reasonable Accommodations for Faculty with Disabilities with Jamie Daniel, Former Field Service Representative, AAUP, John Rose, Dean for Diversity, Hunter College, CUNY, Bethany LaLonde, CUNY LEADS Job Developer, College of Staten Island, CUNY, and Cady Landa, Doctoral Candidate, Brandeis University, Heller School for Social Policy & Management, Moderator.
Panel: Teaching Assistants with Disabilities with Alexandra Matish, Associate Vice Provost for Academic and Faculty Affairs and Senior Director, Academic Human Resources, University of Michigan and Laura Yvonne Bulk, President, Canadian Union of Public Employees. Local 2278, PhD Candidate, Rehabilitation Sciences, The University of British Columbia, and Catherine Tretheway , SUNY Associate Counsel , Panelist and 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, Laura W. Perna, Ph.D. University of Pennsylvania, GSE Centennial Presidential Professor of Education, Executive Director, Alliance for Higher Education and Democracy, and Malini Cadambi Daniel, Director for Higher Education, SEIU, Moderator.

Panel: Collective Bargaining from All Sides: Unionism, the Faculty Senate, Contingent Faculty, and Academic Administration with Jon E. Bekken, Albright College, David Hamilton Golland, Governors State University, Nelson Ouellet, Université de Moncton, Naomi R Williams, Rutgers University, and Theodore Curry, Associate Provost and Associate Vice President, Michigan State University, Commentator and Moderator.

Panel: Public Financing of Michigan Community Colleges: The Impact of State Funding Cuts and Property Tax Caps (in formation) with Karin Tarpenning, Department of Classical and Modern Languages, Literature, and Culture, Wayne State University; Treasurer, Union of Part-time Faculty, AFT Local 477, William Norris, Vice President, Henry Ford Community College Adjunct Faculty Organization, AFT Local 337, and DeWayne Sheaffer, President, National Council for Higher Education, NEA, Moderator.

Panel: Public Financing of Public Universities: The Consequences of Austerity with Thomas Anderson, Department of History, Wayne State University; Executive Director & Vice President, Union of Part-time Faculty, AFT Local 477, John Miller, President, University Professionals of Illinois, Local 4100, IFT, AFT, AFL-CIO; Executive Vice President, Illinois State Federation of Teachers, Dale Kapla, Associate Provost for Undergraduate Programming and Faculty Affairs, Northern Michigan University, and Michael Klein, Richard P. Nathan Public Policy Fellow at Rockefeller Institute of Government, SUNY, Moderator.

Panel: Bargaining Over Online Learning with Joseph McConnell, Morgan, Brown & Joy, LLP, Cynthia Eaton, Secretary, Faculty Association, Suffolk County Community College, Gary Rhoades, Professor of Higher Education, University of Arizona, and Co-Editor, Journal of Collective Bargaining in the Academy, and Joshua D. Nadreau, Fisher & Phillips, LLP, Moderator.

Panel: Online Learning: Policies, Politics, and Results with Stephanie Hall, Fellow, The Century Foundation, Anthony G. Picciano Professor, Hunter College and CUNY Graduate Center, School of Education, Di Xu, Associate Professor, University of California, Irvine and Alina Tugend, New York-based higher education journalist, Moderator.

Panel: Stop the War: Learning to Wage Peaceful Coexistence: Management and Faculty Collaboration in a Community College Setting (in formation) with Robert Sammis, Chief Negotiator and Director of Human Relations, Citrus College, and John Fincher, Former Three Time President, Citrus College Faculty Association, Former Board Member, California Community College Association, CTA, NEA.

Panel: Building Collaborative and Functional Teams During Organizational Change at Bronx Community College with Karla Renee Williams, Executive Legal Counsel & Deputy to the President, Bronx Community College, CUNY, Susan Fiore, Labor Designee & Assistant Legal Counsel, Bronx Community College, CUNY, Nancy Ritze, Dean for Research, Planning & Assessment, Bronx Community College, CUNY, Sharon Utakis, PSC Chapter Chair, Bronx Community College, and Courtney Brewer, Exec. Vice President, Faculty Association, Suffolk County Community College, Moderator.

Panel: Best Practices in Emergency Management Planning (in formation) with
David Lincoln, Emergency Manager and UUP Chapter President, SUNY Oneonta, Jeffrey Hescock, Executive Director, Environmental Health and Safety and Emergency Management, University of Massachusetts, Amherst, and Barbara Boyle, SUNY Central Director of Environmental Health and Safety, Moderator.

Panel: Unexpected Resources and New Allies: Reframing the Role of Unions in the Preservation of Higher Education (in formation) with Marcella Bencivenni, Professor of History, Hostos Community College, CUNY, Evelyn Burg, Professor English and PSC Grievance Counselor, LaGuardia Community College, and Wes Lundburg Executive Dean/CEO, Suffolk County Community College, Commentator.

Panel: Labor as Contingent as Free Speech? An Analysis of Recent Adjunct Faculty First Amendment Cases 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, and Christopher Simeone, Director, Department of Organizing and Services, AAUP, Moderator.

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 with Andrew Pizzi, Conflict Resolution Practitioner, I & I Resolutions, Thomas O’Keefe, Conflict Resolution Practitioner, I & I Resolutions, Kris Rondeau. Director, AFSCME New England Organizing Project, and William Connellan, University of Florida, Moderator.

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, 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, and Henry Reichman, Chair, Committee A on Academic Freedom and Tenure, AAUP, Commentator.

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, Monica C. Barrett, Bond, Schoenick & King, and Judy Keenan, Deputy Director, Equal Employment Opportunity Commission, New York District Office.

Panel: State-Level Student Debt Policy Advocacy (in formation) with Sandra Weese, Organizing Director, California Federation of Teachers, Jennifer Shanoski, President , Peralta Federation of Teachers, Suzanne Martindale, Senior Policy Counsel & Western States Legislative Manager, Consumer Reports, and Doug Otto, Trustee, Long Beach City College Trustee.

Workshop for Union Representatives: Using Student Debt Clinics/Debt Related Outreach as An Internal Organizing Strategy with Jeri O’Bryan-Losee, Statewide Secretary/Treasurer, UUP, Justin Kribs, Director of Financial Planning and Student Loan Services, InsMed, Melanie Myers, Assistant Director, Research & Strategic Initiatives, AFT, and Alyssa Picard, Director of the Higher Education Department, AFT, Moderator.

Workshop for Administrators on Collective Bargaining and Labor Relations with Nicholas DiGiovanni, Morgan, Brown & Joy, LLP, Karen Stubaus, Vice President for Academic Affairs, Rutgers, The State University of New Jersey, and Margaret Winters, former Provost, Professor Emerita-French and Linguistics, Wayne State University.
Chancellor Dan Greenstein Joins National Center's Board of Advisors
We are very pleased to welcome Chancellor Dan Greenstein from Pennsylvania’s State System of Higher Education (PASSHE) as a member of the National Center’s Board of Advisors. Chancellor Greenstein functions as PASSHE's chief executive officer of Pennslyvania's state system, which operates 14 public universities, serving nearly 100,000 degree-seeking students and thousands more enrolled in certificate and other career-development programs.​ During our 2019 annual conference, Chancellor Greenstein and APSCUF’s President Ken Mash participated in an excellent panel discussion titled Mending Fences and Building Bridges: A Labor-Management Dialogue on Cultural and Institutional Change. 
University of Chicago: Challenge to Student Bargaining Unit Rejected
University of Chicago, Seventh Circuit Court of Appeals,
Case Nos. 18-3659 and 19-1146

On December 17, 2019, the federal Seventh Circuit Court of Appeals issued a decision rejecting procedural legal arguments made by the University of Chicago challenging the certification by the National Labor Relations Board (NLRB) of the International Brotherhood of Teamsters to represent a bargaining unit of student employees at the university's library.

The university unsuccessfully argued that the NLRB erred when it refused to permit the university to present evidence aimed at demonstrating the student employees were temporary or causal employees, or that they lacked a community of interest.

In rejecting the university's argument, the federal appellate court noted that under current NLRB precedent under Columbia University 364 NLRB No. 90 (2016) students employed by the university are statutory employees and therefore the NLRB was well within its discretion to refuse to hear the university's evidence.

Notably, the University of Chicago did not challenge the holding in Columbia University in its appeal to the Seventh Circuit. As a result, the federal appellate decision should have little impact on the NLRB's pending proposed rule to strip all student employees of rights under the National Labor Relations Act.
Everglades College: Mandatory Arbitration of NLRA Claims Unlawful
Everglades College, Inc. D/B/A Keiser University and Everglades University ,
NLRB Case No. 12-CA-096026

On November 27, 2019, the NLRB issued a decision finding that Everglades College violated the National Labor Relations Act by requiring all employees, as a condition of employment, to sign an "Employee Arbitration Agreement" because when " reasonably interpreted, [the agreement] plainly makes arbitration the exclusive forum for the resolution of all claims, including statutory claims under the [National Labor Relations Act]." The NLRB also found that the termination of Lisa K. Fikki for refusing to sign the unlawful employment arbitration agreement constituted a violation federal labor law.

In reaching it decision, the NLRB distinguished the agreement in this case from the Roberts Court holding in Epic Systems Corp. v. Lewis , 584 U.S. ___, 138 S. Ct. 1612 (2018), which upheld employer-mandated arbitration concerning employee statutory employment claims based on the Federal Arbitration Act (FAA). The NLRB concluded that Congress intended for National Labor Relations Act procedures to be immune from a mandatory arbitration provision under the FAA. See also , Prime Healthcare Paradise Valley, LLC , 368 NLRB No. 10 (2019).
San Juan College: Newest Certified Faculty Union
On December 17, 2019, the San Juan College Labor Management Relations Board certified the San Juan College Education Association (SJCEA) as the exclusive representative of a bargaining unit of 147 full-time faculty and faculty administrators bargaining unit. San Juan College is a community college in New Mexico that has four campuses, with its main campus located in Farmington, New Mexico.

The certification of SJCEA followed an election on December 3 and 4, 2019 in which the tally demonstrated that 87 faculty voted in favor of representation and 41 against.

The following is the composition of the new bargaining unit:

All San Juan College employees in all positions of full-time faculty and faculty administrators with a nine-month or greater contract and a sixty percent (60%) or greater teaching load, inclusive of release time, in the following faculty ranks: Instructor, Assistant Professor, Associate Professor, or Professor or one of these faculty ranks in conjunction with a Coordinator or Director title.
Preventing Sexual Harassment in Higher Education :
 Presentations from the First Annual Public Summit
On November 19 and 20, 2019, the first annual public summit of the Action Collaborative on Preventing Sexual Harassment in Higher Education took place at the University of Washington. Video recordings and PowerPoint Slides from the Summit are now available. The Summit was organized by the National Academies of Science, Engineering, and Medicine following its 2018 report Sexual Harassment of Women.
The purpose of the Summit was to exchange promising practices being used aimed at preventing sexual harassment in higher education.
Hearst Magazines: Editorial Staff Seek to Unionize
Hearst Magazines Media , NLRB Case No. 02-RC-252592

The Writers Guild of America East filed a representation petition on November 27, 2019 with the NLRB Region 2 seeking to represent a unit of approximately 550 staff working for Heart Magazines. The following is the proposed unit:

Included: All full-time and regular part-time editorial, video, design, photo, and social staff employed at the Employer’s Best Products, Bicycling, Car and Driver, Cosmopolitan, Country Living, Delish, ELLE, ELLE Decor, Esquire, Food Network Magazine, Good Housekeeping Magazine, Harper’s Bazaar, HGTV Magazine, House Beautiful, Marie Claire, Men’s Health, O The Oprah Magazine, The Pioneer Woman Magazine, Popular Mechanics, Prevention, Road & Track, Runner’s World, Seventeen, Town & Country, Veranda, Woman’s Day, and Women’s Health brands.

Excluded: All other employees.
Museum of Contemporary Art: Employees Seek to Unionize
The Museum of Contemporary Art , NLRB Case No. 21-RC-252352

On November 25, 2019, AFSCME District Council 36 filed a representation petition seeking to represent a unit of 128 employees at the Museum of Contemporary Art in Los Angeles.

The following is the petitioned-for bargaining unit:

Included: Graphic Designer, Digital Producer, Development Assistant, Educator, Administrative Assistant, Preparator, Exhibition Tech, Education Assistant, Audio Visual Technician, Retail Coordinator, Sales Associate, Web Store & Shipping Coordinator, Visitor Engagement Lead, Gallery Attendant, Gallery Attendant II.

Excluded: Communications Coordinator, Curator, Curator Manager, Assistant Curator and Manager of Publications, Curatorial Administrator, Curatorial Assistant, Associate Curator, Education Program Team Manager, Teen and Family Program, IT Manager, IT Consultant, Logistics Associate, Operations & Events Manager, Assistant Registrar, Acquisitions and Exhibitions, registration assistant, Associate Registrar Loans and Exhibitions, Store Manager, visitor engagement coordinator, manager of visitor engagement visitor engagement supervisor, director of education and public programs, special projects consultant, Assistant to the Director, Chief of staff to the director, Art director, chief communication officer, senior director exhibitions and collections, senior curator/new initiatives, Director of Communications, development events and travel manager, Individual giving manager, associate director of institutional giving, individual giving coordinator, institutional giving coordinator, membership and annual fund manager, director of development operations, chief development officer, senior curator, associate director of education, senior educator, director of exhibition production, accounting assistant, controller, CFO/COO, accounting manager, accounting assistant, director of security and maintenance, director of operations chief engineer, Director registration and collections, director of retail operations, director of visitor engagement.
Election Results From Representation Efforts in the Performing Arts
The following are recent representation election results involving employees in the performing arts.

N ew Bedford Symphony Orchestra Association, Inc. NLRB Case No. 01-RC-250848

On December 10, 2019, the NLRB tallied the ballots in a unionization effort by the musicians of the New Bedford Symphony Orchestra. In a unit of 109, 61 voted in favor of representation by the Boston Musicians Association, AFM, and 9 voted against.

The following is the at-issue bargaining unit:

All musicians employed by the Employer, including substitute musicians, extra musicians, concert master, assistant concert master, and principal musicians; but excluding conductors, guest performers, office staff, managerial employees, confidential employees, guards and supervisors as defined by the Act.

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

On December 6, 2019, the NLRB tallied the ballots in a unionization effort by production stage managers for the Pacific Northwest Ballet. In a unit of 3, 2 voted in favor of representation by the American Guild of Musical Artists.

The following is the at-issue bargaining unit:

All full-time and regular part-time production stage managers, stage managers, and assistant stage managers employed by the Employer at its Seattle, Washington facility; excluding all other employees, and guards and supervisors as defined by the Act.

Nevada Ballet Theatre, Inc. , NLRB Case No . 28-RC-251953

On December 4, 2019, the NLRB tallied the ballots in a unionization effort by company dancers of the Nevada Ballet Theatre. In a bargaining unit of 26, 21 voted in favor of representation by the American Guild of Musical Artists and 4 against.

The following is the at-issue bargaining unit:

Included: All full-time and regular part-time company dancers and apprentices employed by the Employer at its Las Vegas, Nevada facility. Others permitted to vote: The parties have agreed that Production Coordinators 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 this classification or group are included in, or excluded from, the bargaining unit. The eligibility or inclusion of these individuals will be resolved, if necessary, following the election.

Excluded: All other employees, office and clerical employees, managerial employees, guards and supervisors as defined in the Act.
Panel on Farmworker Unionization Scheduled for January 31, 2020
On July 17, 2019, New York Governor Andrew M. Cuomo signed into law the Farm Laborers Fair Labor Practices Act, which grants collective bargaining and other labor rights to farmworkers in New York, effective January 1, 2020. The new law constitutes the largest expansion of state collective bargaining rights in New York in decades.

On January 31, 2020, National Center Executive Director Bill Herbert will be moderating a panel titled Farmworker Collective Bargaining: New Rights that will examine the new law as part of the Annual Meeting of the New York State Bar Association's Labor and Employment Section.

The confirmed panelists are:

Elizabeth C. Dribusch, General Counsel, New York Farm Bureau
David Proudy, General Counsel, SEIU 32BJ
John F. Wirenius, Chairperson, New York State Public Employment Relations Board
Lisa Zucker, Legislative Attorney, New York Civil Liberties Union
National Center Scholarship in 2019
In 2019, the National Center had a number of important scholarly accomplishments consistent with our research mission.

In November, we submitted comments to the National Labor Relations Board (NLRB) in response to the NLRB's proposed rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The comments were prepared by National Center Executive Director Bill Herbert and Joseph van der Naald, CUNY Doctoral Student and National Center Affiliated Researcher.

In August, we posted on SSRN a new research study concerning strikes in higher education: You've Been with the Professors: An Examination of Higher Education Work Stoppage Data, Past and Present. The study was prepared by Executive Director Bill Herbert and National Center Affiliated Researcher Jacob Apkarian, Assistant Professor of Sociology, York College, CUNY. The article is scheduled for publication in the peer-reviewed Employee Rights and Employment Policy Journal.

Bill Herbert had an essay published in the international journal Relations industrielles / Industrial Relations and two articles published in the Hofstra Labor and Employment Journal. The essay in Relations industrielles/Industrial Relations is titled Janus v AFSCME, Council 31: Judges Will Haunt You in the Second Gilded Age.

The two articles in the Hofstra Labor and Employment Journal are titled Jerome Lefkowitz: A Pragmatic Intellect and Major Figure in Taylor Law History and Total Eclipse of the Court? Janus v. AFSCME, Council 31 in Historical, Legal, and Public Policy Contexts , with the second being co-authored by New York State Public Employment Relations Board Chairperson John F. Wirenius, and the new General Counsel of the Federal Mediation and Conciliation Services Sarah W. Cudahy.

At the 2019 annual conference of the United Association for Labor Education, Bill Herbert, Joseph van der Naald, and Malini Cadambi Daniel presented data and analysis in a session titled Student Worker Unionization 2013-2018. Bill Herbert also presented research as part of two panels at the annual conference of the Labor and Working Class History Association. On the first panel, he presented National Center data about the large growth in adjunct faculty bargaining units since 2012. On the second panel, he presented on the history of the CIO’s State County Municipal Workers of America, the first union to successfully negotiate contracts for faculty in higher education.

Lastly, a chapter on New York public sector labor history written by Bill Herbert appeared in a new book titled City of Workers, City of Struggle: How Labor Movements Changed New York, edited by Joshua B. Freeman and published by Columbia University Press.
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:



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: Boston Public Schools Director of Labor Relations
Boston Public Schools seeks a  Director of Labor Relations

REPORTS TO: Chief Human Capital Officer
The Director of Labor Relations for Boston Public Schools (BPS) will provide vision and critical leadership to manage the Labor Relations function, in order to effectuate, excellent working relationships between management and labor while achieving the goals, and mission of Boston Public Schools. 
The Director of Labor Relations will consult with administration on labor related issues including union negotiations, arbitrations, grievances, corrective actions and documentation. The Director will also maintain satisfactory labor-management relations with all BPS bargaining units; represent BPS in all collective bargaining and contract administration matters; administer grievance procedures, including arbitrations; assist all levels of management on labor matters; provide oversight personnel matters, investigations, policy review and maintenance and management of special projects; develop BPS mission-specific collective bargaining objectives that meet both administrative and academic related interests; work closely with the HR leadership team to provide guidance and consultation to ongoing programs embedded in collective bargaining agreements; participate in regular labor management meetings with various units; serve on a variety of labor management or related committees; draft BPS personnel policies and procedures documents consistent with BPS mission and applicable federal and state laws and regulations (DESE); develop effective strategies for staff development, in consultation with the Assistant Superintendent of Human Resources; and other duties as assigned 
  • Direct, coordinate, supervise and evaluate labor relations staff in ensuring effective and productive, negotiations and labor-related litigation for the BPS; establish and maintain positive and effective working relationships. 
  • Develop and implement excellent and transferable labor and employment training programming for all managerial personnel, both school based and centrally based. 
  • Oversee, direct and supervise labor litigation for the BPS including, but not limited to all prohibited practice charges and other litigation proceedings at the Labor Relations Commission, arbitrations and labor-related court appeal proceedings, and manages a database of cases and matters. 
  • Provide legal consultation to all school leaders and RC managers regarding performance evaluation process; and all employee labor relations issues; offer assistance to administrators and managers in implementing defensible policies and procedures having resultant legally proficient and acceptable evaluations. 
  • Establish uniform and legally defensible protocol for conducting investigations, regarding employee matters and establishing procedures for disciplinary actions. 
  • Establish formalized policies and procedures for labor related matters including litigation, hearing, and legal labor assistance within the purview of the Office of Labor Relations. 
  • Research and analyze laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions. 
  • Coordinate matters with City Hall Labor Relations and keep City's Corporation Counsel informed as required. 
  • Recommend the acceptance or rejection of claims, compromise settlements according to laws, regulations, policies, and precedent decisions. 
  • Manage, evaluate and support department budget and staff. 
  • Mediate and resolve conflicts between BPS and all labor unions. Manage informal labor management matters and complicated labor litigation. 
  • Manage, prioritize and organize all hearings, hearing decisions regarding discipline and other related matters. 
  • Supervise and coordinate all labor litigation with respect to arbitrations, Labor Relations Commission hearings, and court proceeding regarding labor litigation. 
  • Hire, train, and evaluate Labor Relation’s staff.  
  • Supervise, manage and evaluate the performance of outside counsel and hearing officers for the quality of their work, meeting legal timelines and cost effectiveness. 
  • Supervise and evaluate all student appeals for BPS. 
  • Establish and maintain effective relationship with all labor unions and the BPS in order to create an excellent environment for both students and employees. 

  • Law Degree, Juris Doctor from accredited law school. 
  • Admission to Massachusetts Bar 
  • Minimum of 7 years of experience managing a Labor Relations Office in a complex unionized environment, preferably in public sector.  
  • Minimum of 7 years experience in labor litigation, union negotiations and employment matters within a fast paced environment. 
  • Current authorization to work in the United States - Candidates must have such authorization by their first day of employment
TERMS: Managerial, Tier E. This position is subject to the City of Boston residency requirement. 
Please refer to  (under "Employee Benefits and Policies") for more information on salary and compensation. Salaries are listed by Unions and Grade/Step.
The Boston Public Schools, in accordance with its nondiscrimination policies, does not discriminate in its programs, facilities, or employment or educational opportunities on the basis of race, color, age, criminal record (inquiries only), disability, homelessness, sex/gender, gender identity, religion, national origin, ancestry, sexual orientation, genetics or military status, and does not tolerate any form of retaliation, or bias-based intimidation, threat or harassment that demeans individuals’ dignity or interferes with their ability to learn or work.
National Center for the Study of Collective Bargaining
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