NATIONAL CENTER
for the Study of Collective Bargaining in Higher Education and the Professions
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February 2020
Welcome to the February 2020 issue of the National Center's monthly newsletter.

T his month's newsletter includes registration information and a detailed listing of panels and workshops for our 2020 annual conference in New York City on March 29-31, 2020. It also highlights books by keynote speaker Steven Greenhouse and other speakers scheduled at the conference.

The 2020 conference theme is Inequality, Collective Bargaining, and Higher Education.
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).

In this month's newsletter, we examine a recent federal appeals court decision that will negatively impact the ability of adjunct faculty to unionize at religiously-affiliated colleges and universities. The newsletter includes updates regarding other cases including the most recent certified bargaining unit for instructors in higher education, the dismissal of a post- Janus case in Hawaii and recent representation efforts among other professionals outside of higher education. It also includes information about Teaching Labor’s Story, a project of the Labor and Working Class History Association, job postings, and more.

As always, if you have comments or story ideas please email us or contact us via Twitter.
Register Today for March 29-31, 2020 Annual National Conference
Conference Registration:

Register today for the National Center's 47th annual conference on March 29-31, 2020 in New York City. The conference theme is Inequality, Collective Bargaining, and Higher Education.

New Location for Conference:

The 2020 conference will take place at a new location: NYC Seminar & Conference Center, which 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.

Mandatory Workshop Pre-Registration:

It is necessary that you pre-register for one of the two workshops we have planned for
March 29, the first day of the conference.
Conference Keynote Speaker Steven Greenhouse
Keynote Speaker: Steven Greenhouse

The National Center is very pleased to announce that Steven Greenhouse, the former New York Times labor and workplace correspondent, will be the keynote speaker at our 47th annual conference.

Mr. Greenhouse is the author of the exceptional new book Beaten Down, Worked Up: The Past, Present, and Future of American Labor (2019) that traces labor history in the United States from the 20th Century up to and including the first two decades of the 21st Century. The book was published last year by Knopf and it will be available for purchase at the conference along with books by many other conference presenters. Mr. Greenhouse's prior book, The Big Squeeze: Touch Times for the American Worker was published by Knopf in 2008.
Conference Plenary: The Student Debt Crisis
Conference Plenary. The Student Debt Crisis: History, Consequences, and Solutions with Elizabeth Tandy Shermer, Associate Professor, Loyola University Chicago, Caitlin Zaloom, Associate Professor of Social and Cultural Analysis, New York University, Jennifer Mishory, Senior Fellow and Senior Policy Advisor, Century Foundation, and Suzanne Kahn, Deputy Director of the Great Democracy Initiative and Education Program at the Roosevelt Institute.

Professor Zaloom is the author of the new book titled Indebted: How Families Make College Work at Any Cost, published by Princeton University Press. Professor Shermer is working on an up-coming book examining the history of the student debt industry.

Jennifer Mishory and Suzanne Kahn are co-authors of a paper titled Bridging Progressive Policy Debates: How Student Debt and the Racial Wealth Gap Reinforce Each Other . Suzanne Kahn also recently authored another paper titled A Progressive Framework for Free College .
Special Music Performance by Marc Ribot
Special Performance. Internationally renown guitarist and composer Marc Ribot will be giving a special performance at our 47th annual conference on Sunday evening, March 29, 2020, following the reception for the book Labor in the Time of Trump.

Mr. Ribot will be performing songs from his album Songs of Resistance 1942-2018, which was included in NPR's All Songs Considered, The Year in Music 2018. The album included collaborations with Steve Earle, Tom Waits,Tift Merritt, Meshell Ndegeocello, Justin Vivian Bond, and others.

He works in many musical styles including jazz, rock, and Cuban music. In addition to his own numerous music projects and recordings, Mr. Ribot has recorded with such artists as Robert Plant and Alison Krauss, Allen Toussaint, Elvis Costello, John Mellencamp. T-Bone Burnett, Soloman Burke, Neko Case, Diana Krall, Arto Lindsay, Laurie Anderson, Susana Baca, McCoy Tyner, The Jazz Passengers and Medeski, Martin & Wood.
Book Reception: Labor in the Time of Trump
Book Reception. On March 29, the National Center will be hosting an evening reception for the new book titled Labor in the Time of Trump (Cornell ILR Press, 2020). The book was edited by faculty members from the Labor Center and Sociology Department at the University of Massachusetts-Amherst: Jasmine Kerrissey, Eve Weinbaum, Clare Hammonds, Tom Juravich and Dan Clawson.

The panel will include contributors Josḗ La Luz, AFSCME, Lara Skinner, Cornell University, Donald Cohen, In the Public Interest, Jennifer Klein, Yale University, and Eve Weinbaum, President, MA Society of Professors, Moderator.

Other book contributors include Bill Fletcher, Jr., Shannon Gleeson, Cornell University ILR, labor journalist Sarah Jaffe, and Jon Shelton, University of Wisconsin.
Special Conference Session: The ERA and Higher Education
The ERA and Higher Education will be the subject of a special conference session on the evening of March 30, 2020.

The panel will include Julie Suk, Dean for Master’s Programs and Professor of Sociology, CUNY Graduate Center and author of the upcoming book, We the Women: The Forgotten Mothers of the Equal Rights Amendment, Jessica Neuwirth, Distinguished Lecturer and Rita E. Hauser Director, Human Rights Program, Roosevelt House, Public Policy Institute at CUNY, and author of the book Equal Means Equal: Why the Time for an Equal Rights Amendment is Now , Elizabeth Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School, and Carol Robles-Román, General Counsel and Dean of Faculty, Hunter College, CUNY.
Book Session: The Gig Academy
Book Session: The Gig Academy: Mapping Labor in the Neoliberal University. T om DePaola, Provost’s Fellow in Urban Education Policy, Rossier School of Education, University of Southern California, and Daniel Scott, Research Associate, Delphi Project on the Changing Faculty and Student Success, Pullias Center for Higher Education, Rossier School of Education, University of Southern California, will be discussing their new book co-authored with Adrianna Kezar and published by Johns Hopkins University Press.

Commentators on the panel will be Sherri-Ann Butterfield, Executive Vice Chancellor, Office of the Chancellor, Rutgers University—Newark, and Henry Reichman, Chair, Committee A on Academic Freedom and Tenure, AAUP. Mr. Reichman is author of The Future of Academic Freedom , which was published last year by Johns Hopkins University Press.
Conference Panels on Online Higher Education
The 2020 conference will include two panels examining issues related to online higher education.

The first panel is titled Online Learning: Policies, Politics and Results with Stephanie Hall, Fellow, The Century Foundation, Anthony G. Picciano Professor, Hunter College, Di Xu, Associate Professor, University of California, Irvine and Joseph van der Naald, CUNY Doctoral Student in Sociology, and a National Center researcher, Moderator . Professor Picciano is the author of the book Online Education: Foundations, Planning, and Pedagogy (Routledge 2018).

The second panel is titled 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.
Additional Confirmed 2020 Conference Panels and Workshops
Below is a listing of the many other confirmed panels and workshops for our 47th Annual National Conference on March 29-31, 2020:

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 K. Clark, Staff Attorney, Arbitration Specialist, MEA/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 Tennent, 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 candidate in Higher Education, Rutgers University, Rebecca Givan, Vice President, Rutgers AAUP-AFT and Associate Professor, Labor Studies and Employment Relations, Rutgers School of Management and Labor Relations, and Adrienne Eaton, Dean, Rutgers School of Management and Labor Relations, Moderator.

Panel: Retirement Security: The Secure Act of 2019 and What it Means for Institutions, Faculty, and Graduate Assistants with Chris Spence, Senior Director, Federal Government Relations, TIAA, Patricia McConnell, Levy Ratner, P.C., Susan E. Bernstein, Schulte, Roth & Zabel LLP, and Steve Kronheim, Managing Director and Associate General Counsel, TIAA, 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: The Old Wolf, Again: Latinx Faculty Negotiations, Recruitment, Retention, and Racism in the Academy with John Halcon, Board of Trustees, Palomar Community College, José Cintrón, Professor, College of Education, CSU Sacramento, José Luis Morín, John Jay College, CUNY, and California Faculty Association, Theresa Montano, California State University, Northridge, 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 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, College of Arts and Letters, California State University, Los Angeles, Participant and Moderator.

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, Barbara Aloni, Disability & Productivity Consultant, The Standard, and Cady Landa, Institute for Community Inclusion, University of Massachusetts Boston , 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 , Participant 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, Postdoctoral Associate, Center for Cultural Analysis, Rutgers University - New Brunswick, 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 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, Bruce D. Baker, Professor, Department of Educational Theory, Policy, and Administration , Rutgers University, 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; Vice President, Illinois 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: Stop the War: Learning to Wage Peaceful Coexistence: Management and Faculty Collaboration in a Community College Setting with Robert Sammis, Chief Negotiator and Director of Human Relations, Citrus College, and John Fincher, Former Three Time President, Citrus College Faculty Association, Former Board Member, California Community College Association, CTA, NEA, and Justina Rivadeneyra, Director, Community College Association/CTA/NEA, Moderator.

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, Executive 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 with Marcella Bencivenni, Professor of History, Hostos Community College, CUNY, Evelyn Burg, Professor of English and PSC Grievance Counselor, LaGuardia Community College, and Wes Lundburg Executive Dean/CEO, Suffolk County Community College, Commentator, and Kathy Weiss, Vice Chair, Nassau Community College Board of Trustees, Commentator and Moderator.

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 with Jacob Bennett, University of New Hampshire, Maria Maisto, New Faculty Majority, Ellen Dichner, Distinguished Lecturer, School of Labor and Urban Studies, CUNY, and David Marshall, Director, Center for Labor and Employment Law, Dorothy Day Professor of Law, St. John's University School of Law, Moderator.

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: An Economic and Data Analysis of Faculty Salary Disparities with Frederick G. Floss, Professor and Chair, Department of Economics and Finance, SUNY Buffalo State, Monica C. Barrett, Bond, Schoenick & King, Judy Keenan, Deputy Director, Equal Employment Opportunity Commission, New York District Office, and Jamie Martin, APSCUF Vice-President, Moderator.

Panel: State-Level Student Debt Policy Advocacy 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, Doug Otto, Trustee, Long Beach City College Trustee, and Deborah Williams, Johnson County Community College Faculty Association, Moderator.

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.
Duquesne University: Court Rejects NLRB Standard for Jurisdiction
Duquesne University v. NLRB, United States Court of Appeals for the D.C. Circuit,
Case No. 18-1063

On January 28, 2020, the United States Court of Appeals for the D.C. Circuit issued an important decision concerning the legal standards for when the NLRB can assert jurisdiction over representation and unfair labor practice cases involving adjunct faculty at religiously affiliated institutions of higher education. In a 2-1 decision, the federal appellate court rejected the standard applied by the NLRB when it decided to assert jurisdiction over a representation case involving adjunct faculty at Duquesne University.and certified the United Steel Workers (USW) as the exclusive representative of an adjunct faculty bargaining unit.

In 2017, the NLRB ruled that it could properly and lawfully assert jurisdiction over the question of representation at Duquesne University and certify USW following an election in which the faculty voted 50-9 in favor of USW representation. In reaching its decision, the NLRB applied the legal standards it had announced in Pacific Lutheran University , 361 NLRB No. 157 (2014) stemming from a landmark Supreme Court's decision involving labor relations in higher education: NLRB v. Catholic Bishop of Chicago , 440 U.S. 490 (1979). In Catholic Bishop , the Supreme Court concluded that the National Labor Relations Act did not authorize the NLRB to assert jurisdiction over a representation case involving church-operated high school teachers, regardless of whether teachers are involved in religious or secular instruction.

In University of Great Falls v. NLRB, 278 F.3d 1335 (D.C. Cir. 2002), the United States Court of Appeals for the DC Circuit established a legal test for the NLRB to apply in determining whether the agency can assert jurisdiction over a religiously-affiliated institution consistent with the First Amendment and Catholic Bishop : whether the institution holds itself out to the public as a religious institution, is a non-profit, and is religiously affiliated. The test was extended in Carroll Coll. v. NLRB , 558 F.3d 568, 574 (D.C. Cir. 2009) to an institution that had not even raised a jurisdictional defense before the NLRB.

In Pacific Lutheran , the NLRB adopted a new two-step test that it believed was consistent with Catholic Bishop and U niversity of Great Falls . Under the Pacific Lutheran test, an institution objecting to NLRB jurisdiction over a petitioned-for unit of faculty would need to meet a threshold requirement of demonstrating that it holds itself out as providing a religious educational environment. When an institution meets that threshold requirement, it "must then show that it holds out the petitioned-for faculty members themselves as a performing a specific role in creating or maintaining the college or university's religious educational environment, as demonstrated by its representation to current or potential students and faculty members, and the community at large."

Applying the Pacific Lutheran test, the NLRB certified USW to represent the following bargaining unit at Duquesne University: "All part-time adjunct faculty employed by the Employer in the McAnulty College and Graduate School of Liberal Arts located in Pittsburgh, Pennsylvania. Excluded: all Department of Theology part-time adjunct faculty, all full-time faculty, graduate students, staff and administrators, office clerical employees and guards, other professional employees and supervisors as defined in the Act, and all other employees."

In its recent Duquesne University decision, however, the United State Court of Appeals for the D.C. Circuit rejected the Pacific Lutheran test as inconsistent with the Great Falls bright-line test, noting that the Pacific Lutheran test " runs afoul of our precedent by claiming jurisdiction in cases that we have placed beyond the Board’s reach. That is, Pacific Lutheran extends the Board’s jurisdiction to cases involving faculty at schools that satisfy the Great Falls test, specifically those schools that (according to the Board) do not hold out the faculty members as playing a specific role in the school’s religious educational environment." By examining the roles played by faculty members, the Pacific Lutheran test "impermissibly intrudes into religious matters" because the NLRB "may not determine whether various faculty members play sufficiently religious roles."

I n a footnote, the federal appeals court left open the possibility that the NLRB might be able to assert jurisdiction in a future case when a religious school "formally and affirmatively disclaims any religious role for certain faculty members."

The Duquense University decision reaffirms the extremely difficult legal terrain for union organizing efforts by faculty and other workers at many religiously-affiliated institutions. It means that such efforts will generally be unsuccessful at the NLRB unless the institution chooses not to object to NLRB jurisdiction or affirmatively states that faculty do not participate in any religious role.

Unstated in the decision, however, is a means for religiously-affiliated colleges and universities to avoid NLRB jurisdiction and, at the same time, apply their religious teachings concerning the labor rights of campus workers seeking union representation. Each institution has the civil legal authority to create its own system of union representation. Such a system can include a procedure that will lead to voluntary recognition of a union to represent the faculty or other employees following an election or card check conducted by a non-governmental entity.

These types of procedures are not new. In 1945, the University of Illinois created a representation procedure for its non-academic staff. More recently, Georgetown University, as well as other institutions, have agreed to non-governmental procedures for representation issues involving graduate assistants.

Lastly, a non-governmental system does not have to be limited to resolving issues of representation. It can also include a private-system of arbitration to resolve bargaining disputes and claims of improper labor practices. If adopted, such procedures can avoid constitutional questions related to religious liberty and allow for faculty and others to engage in union activities on campus.
Central Washington Univ.: Union Certified to Represent Flight Instructors
Central Washington University, WPERC Case No. 131265-E-19

On February 19, 2020, the Washington Public Employment Relations Commission (WPERC) certified the Public School Employees of Washington as the exclusive representative of a unit of 21 full-time and part-time junior flight instructors who work for Central Washington University. Unlike senior flight instructors, University junior flight instructors are not responsible for academic advising or classroom instruction. Rather, they are primarily responsible for flight training.

The following is the composition of the newly certified unit:

Included: All full-time and regular part-time Junior Flight Instructors employed by Central Washington University.

Excluded: Supervisors, confidential employees, and other employees.
Shoreline Community College: ULP Filed by AFT Deferred to Arbitration
Shoreline Community College, WPERC Case No. 129773-U-17

Last month, the Washington Public Employment Relations Commission (WPERC) issued a decision finding that an unfair labor practice complaint filed by AFT , Local 1950 against Shoreline Community College should be deferred to arbitration . The AFT complaint alleged that the college had unilaterally changed the negotiated compensation terms of the collective bargaining agreement and failed to provide the union with requested information.

WPERC vacated the findings made by an agency hearing examiner that the college engaged in unfair labor practices by failing to provide AFT with requested information, violating its duty to bargaining in good faith over changes in compensation and unilaterally changing the compensation methodology under the contract.

WPERC concluded that the the complaint should have been deferred to arbitration consistent with the Washington legislature's preference that disputes over contract interpretation be resolved through negotiated grievance-arbitration procedures and because the issues raised in AFT's complaint required an interpretation or application of the terms of the parties' existing collective bargaining agreement.
Rutgers University: ULP Over Compensatory Time Dismissed
Rutgers University (Spinnato), NJPERC Docket No. CI-2019-031

On January 21, 2020, the New Jersey Public Employment Relations Commission (NJPERC) Director of Unfair Practices Jonathan Roth issued a decision dismissing an unfair labor practice complaint, as amended, filed by Gaetano Spinnato, a professor at the Rutgers University School of Dental Medicine, against the university and his union AAUP-Biomedical and Health Sciences of New Jersey based on disputes over compensatory time for holidays that fell on his day off, and relating to his revocation of his union membership.

In August 2016, a AAUP filed a grievance alleging that the university had violated the contract with respect to Spinnato and other faculty members who were not scheduled to work on a contractual holiday were entitled to compensatory time off in place of the holiday. After the university denied the grievance in September 2017, with notice to Spinnato, AAUP sought to arbitrate the grievance. The grievance was scheduled for a hearing in October 2017 before an arbitrator. Over Spinnato's objection, AAUP decided to adjourn the arbitration and raise the issue in negotiations with the university.

In July 2018, Spinnato filed an unfair labor practice against the university for allegedly violating the contract, and AAUP for its handling of the grievance. He later withdrew his charge and refiled it in January 2019 making the same allegations about the grievance and also alleging unfair labor practices by the university and AAUP for failing to process his union membership revocation request.

In his decision, NJPERC's Director of Unfair Practices Roth dismissed the allegations concerning the grievance as time barred because it was filed more than six months after the alleged conduct. In addition, Director Roth found that Spinnato's allegations were substantively insufficient to set forth a claim against the university or AAUP. Lastly, Director Roth found that Spinnato's claim regarding his membership revocation should be dismissed because he failed to follow the revocation procedures in New Jersey's Workplace Enhancement Democracy Act as well as the procedures set forth in the collective bargaining agreement.
Governors State University: Appeal from Professor's Discharge Denied
Marion v. Board of Trustees of Governors State University, Appellate Court of Illinois, Third District, . Appeal No. 3-18-0423

On February 11, 2020, the Appellate Court of Illinois Third District affirmed the grant of summary judgment to Governors State University dismissing a lawsuit filed by Marian C. Marion. Prior to her termination, Marion was a tenured professor in the university's College of Education.

Her lawsuit alleged that her discharge violated the whistleblower protections of Illinois's State Officials and Employees Ethics Act. The lawsuit was commenced after an arbitrator had determined that the university had cause to terminate her under the terms of the applicable collective bargaining agreement.

In her lawsuit, Professor Marion alleged she was discharged in retaliation for her repeated complaints to the university about the conduct of a junior member of the faculty. Professor Marion's complaints alleged that the other faculty member lacked necessary job qualifications, engaged in outside employment, taught at another university, engaged in excessive computer and telephone use during meetings, and performed consulting work on university time.

In affirming the dismissal of the lawsuit, the appellate court concluded that the record established that Professor Marion, at the time of her complaints, did not believe that she was reporting a violation of a law, rule or regulation to the university, a necessary prerequisite for a lawsuit under the Illinois's State Officials and Employees Ethics Act. Specifically, the court found that Professor Marion's complaints were based on alleged violations of the collective bargaining agreement by the junior faculty member, rather than the Illinois's University Faculty Research and Consulting Act (UFRCA).
University of Hawaii: Post- Janus Lawsuit Dismissed
Grossman v. Hawaii Government Employees Assn, AFSCME Local 152,
Case No. 18-CV-00493-DKW

Last month, we reported on a decision in Seidemann v. Professional Staff Congress by federal District Court Judge Katherine Polk Failla i n New York dismissing post- Janus constitutional claims by university professors who sought retroactive reimbursement for agency fees paid before the Janus decision. The decision by Judge Failla was consistent with the decision by Ninth Circuit Court of Appeals in Danielson v. Insle e holding that unions had a good faith defense against such claims based on the status of the law prior to Janus.

On January 31, 2020, federal District Court Judge Derrick K. Watson issued a similar decision granting summary judgment to the defendant Hawaii Government Employees Association (HGEA) in a post- Janus lawsuit brought by University of Hawaii employee Patricia Grossman. In her lawsuit, Grossman sought retroactive reimbursement for all union membership dues paid to the HGEA after she joined the union in 1995. She also challenged the deduction of membership dues from her paycheck following her July 2018 letter to the union resigning from membership immediately.. Lastly, she challenged the constitutionality of an amendment to Hawaii's public sector statute regulating dues deduction revocations.

In his decision, Judge Watson concluded, based on Danielson v. Inslee and other precedent, that HGEA had a valid good faith defense against Grossman's claim for monetary damages for membership dues deducted pursuant to her authorization prior to the Janus decision and her resignation from membership. He also concluded that the legal issues surrounding the dues deductions made after her membership resignation was now moot because Grossman accepted a reissued check from the union refunding the dues deducted since her resignation with interest. Lastly, Judge Watson found that Grossman's claims concerning the constitutionality of the revocation procedures under Hawaii's collective bargaining statute was also moot, and not subject to exceptions to the mootness doctrine.
Virginia: Collective Bargaining Bill Moves Forward
On February 6, 2020, the Virginia House of Delegates approved HB582, a bill that would grant collective bargaining rights for public-sector workers at both the state and local levels including faculty and others working at Virginia public sector universities and colleges. The next step is for the Virginia State Senate to consider the legislation.

The bill includes a specific provision relating to higher education bargaining units: "Each public institution of higher education, the Virginia Community College System, the University of Virginia Medical Center, and the Virginia Commonwealth University Health Care System shall have separate bargaining units as determined by the Board, and employees of such bargaining units shall not be included with employees in any bargaining unit described in subsection C."

The bill also includes a very strong prohibition against strikes by public employees: "In accordance with 40.1-55, any public employee who, in concert with two or more other such employees, for the purpose of obstructing, impeding, or suspending any activity or operation of his employing agency or any other governmental agency, strikes or willfully refuses to perform the duties of his employment shall, by such action, be deemed to have terminated his employment."
Recent Representation Efforts By Other Professionals
The following are updates concerning representation efforts involving professionals outside of higher education.

Attorneys

Center for Family Representation , NLRB Case No . 02-RC-255677

On February 4, 2020, Association of Legal Aid Attorneys, UAW Local 2325, AFL-CIO filed a petition to represent a unit of approxinately 70 full-time and part-time attorneys and staff.

The following is the proposed bargaining unit:

Included: All full-time and regular part-time employees of the Employer including Administrative Assistant, Development and Communications Associate, Fellow, Family Advocate, Law Graduate, Paralegal, Parent Advocate, Staff Attorney, Staff Social Worker, Investigator, Client Coordinator, Immigration Specialist, and Housing and Public Benefits Specialist.

Excluded: Executive Director, Special Counsel, Chief Financial Officer, Co-Director, Director of Development and Communications, Director of Holistic Practice, Director of Human Resources, CoDirector, Director of Litigation, Litigation Supervisor, Social Work Supervisor, Senior Staff Social Worker, Senior Staff Attorney, Information Technology Manager, Manager of Accounting & Reporting, Senior Parent Advocate, Manager of Donor Relations, Senior Appellate Attorney, interns, guards, confidential employees, supervisors, and managerial employees.

Defender Association of Philadelphia , NLRB Case No. 04-RC-254818

On February 20, 2020, the UAW was certified to represent a bargaining unit of full-time and part-time employees employed by the Defender Association of Philadelphia. The certification following a representation election involving a bargaining unit of 223. The ballot tally demonstrated that 223 voted in favor of representation and 65 voted against.

The following is the composition of the new bargaining unit of attorneys:

Included: All full-time and regular part-time attorneys, including law school graduates hired as attorneys but not yet admitted to practice, employed by the Employer at its 1441 Sansom Street, Philadelphia, Pennsylvania facility.

Excluded: All other employees, investigators, paralegals, social workers, maintenance employees, office clerical employees, confidential employees, managerial employees, guards, and supervisors as defined in the Act.

Legal Aid of the Bluegrass, Inc ., NLRB Case No. 09-RC-254679

On February 12, 2020, the NLRB tallied the ballots in a representation election on a petition filed by the National Organization of Legal Services Workers/UAW Local 2320 to represent full-time and part-time professional and non-professional employees working for the the Legal Aid of the Bluegrass Inc. in Covington, Kentucky.

The tallied showed that there were four votes in favor of unionization, five against, and two ballots challenged.

Wage Justice Center , NLRB Case No .31-RC-256845

On February 24, 2020, International Association of Machinists and Aerospace Workers District Lodge 947 filed a representation petition seeking to represent a unit of 4 attorneys at the Wage Justice Center in Los Angeles, California.

The following is the proposed bargaining unit:

Included: All full-time and regular part-time Staff Attorneys, Asset Investigators, Staff, Legal Fellows, and Paralegals.

Excluded: All managers, guards and supervisors as defined by the Act.

Coast to Coast Legal Aid of South Florida , NLRB Case No. 12-RC-256465

On February 14, 2020, the National Organization of Legal Services Workers/UAW Local 2320 filed a petition to represent a unit of 33 attorneys and staff at the Coast to Coast Legal Aid of South Florida in Plantation, Florida. The following is the proposed unit:

Included: Attorneys, paralegals, date entry clerk and intake specialist.

Excluded: Supervising attorneys, program administrators, and all other supervisors as defined by the National Labor Relations Board.

Reporters

Miami New Times, NLRB Case No. 12-RC-255122

On January 24, 2020, The NewsGuild-CWA filed a petition to represent a unit of 10 full-time and part-time news department employees working for the Miami New Times. The following is the proposed unit:

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

Excluded: All other employees, including all managers, guards, and supervisors as defined by the Act.
 
Adams Publishing Group, LLC d/b/a Wyoming Tribune Eagle ,
NLRB Case No . 27-RC-256312

On February 13, 2020, the Denver Newspaper Guild - CWA Local 37074 filed a petition to represent a unit of 9 newspaper employees at the Wyoming Tribune Eagle in Cheyenne, Wyoming. The following is the proposed unit:

Included: All newsroom employees.

Excluded: Office clerical, professional employees, guards and supervisors as defined by the Act.
 
Gannet Co., Inc. d/b/a The Palm Beach Post and The Palm Beach Daily News,
NLRB Case No.12-RC-256556

On February 18, 2020, the NewsGuild-CWA filed a petition to represent a unit of 80 full-time and part-time editorial employees at the Palm Beach Post and the Palm Beach Daily News.

The following is the the proposed unit:

Included: All full-time and regular part-time editorial employees of the Employer.

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

Springfield News-Leader, a division of Gannett Missouri Publishing, Inc .,
NLRB Case No: 14-RC-254216

On February 10, 2020, the United Media Guild, TNG-CWA Local 36047 was certified by by the National Labor Relations Board to represent a unit of 14 newsroom reporters at the Springfield News-Leader in Springfield, Missouri. The certification followed an election in which the employees voted 13-0 in favor of union representation.

The following is the new certified bargaining unit:

Included: All full-time and regular part-time newsroom employees employed by the Employer at its facility located at 651 Boonville Avenue, Springfield, Missouri.

Excluded: Office clerical employees, professional employees, managers, guards and supervisors as defined in the Act, and all other employees.

Museum Staff

Children's Museum of the Arts, NLRB Case No. Case No, 02-RC-256854

On February 21, 2020, UAW Local 2110 filed a petition seeking to represent unit of 65 employees at the Children's Museum in New York. The following is the proposed unit:

Included: All full time and regular part time employees of the employer.

Excluded: All supervisors, managers, guards and facilities assistants.
Teaching Labor's Story: Resources for the Classroom and Beyond



TEACHING LABOR’S STORY
RESOURCES for the CLASSROOM & BEYOND
from the
LABOR AND WORKING CLASS HISTORY ASSOCIATION
 
Announcement and Call for Submissions:
 
Teaching Labor’s Story (TLS) is a project of the Labor and Working Class History Association (LAWCHA). Its on-line repository of chronologically organized materials is dedicated to providing teachers, labor educators, workers, and the public with resources that can be readily incorporated into existing curriculum.
 
Teaching Labor’s Story furthers LAWCHA’s mission to “promote public and scholarly awareness of labor and working-class history” and its commitment to “teaching labor history in the classroom, from K12 to colleges and universities.”
 
WHAT? Each TLS entry has two parts: 

·     A primary source carefully selected to reveal labor voices, experiences and actions during a commonly recognized historical era or event. Primary sources may be textual, visual, or audio. (length: 1-2 pages)

·     A custom-written teaching guide accompanies each primary source. Teaching guides follow a common template that includes a short essay that contextualizes and explains the source (highlighting both broad trends and noteworthy particularities); identifies the primary source’s connection to established history curriculum; and provides a brief glossary of terms, discussion or writing prompts, and suggests additional resources. (length 4-7 pages)
 
WHO?  Teaching Labor’s Story entries are written by labor history scholars. Each TLS entry is peer-reviewed. This ensures accessible, high quality teaching resources for users, and professional publishing opportunities for authors.
 
Interested in using TLS resources? Interested in writing a TLS entry?
LAWCHA.org
Navigate to Teaching Resources pageMore information: lawcha.tls@gmail.com
Journal of Collective Bargaining in the Academy, Vol. 10
Journal of CBA Logo
The National Center's Journal of Collective Bargaining in the Academy, is a peer review multi-disciplinary journal co-edited by Jeffrey Cross, Eastern Illinois University (Emeritus), and Gary Rhoades, University of Arizona. The following are links to articles in Volume 10:

Op-Eds


Articles


Practitioner Perspectives 

Notes on the Same Side by Margaret E. Winters

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

The Journal of Collective Bargaining in the Academy is supported, in part, by a generous contribution from TIAA and is hosted by the institutional repository of Eastern Illinois University.
Center for Higher Education Leadership
The Center for Higher Education Leadership offers special programming and a bi-monthly newsletter designed for academic leaders in higher education to improve their management and leadership skills. The programming includes webinars and podcasts along with access to in-depth guides published six times a year.
Job Posting: International Labor Rights Forum Executive Director
The Board of the International Labor Rights Forum (ILRF), a 34-year old non-profit based in Washington, D.C., seeks an Executive Director to lead the organization. The ideal candidate would be available to start on or before June 1, 2020. The deadline to apply is April 30, 2020, but applications will be considered as they are received.
ILRF is a human rights organization with a budget of almost $2 million a year, dedicated to promoting dignity and justice for workers in the global economy. More information about ILRF is available at www.LaborRights.org.
To apply: Please send resume, cover letter, and a writing sample to the ILRF Board, at asukthankar@unitehere.org.

Preferred Qualifications:

  • Detailed knowledge of international human rights, international labor standards, and issues affecting workers in globalized industries.
  • A commitment to movement building and grassroots organizing. An understanding of global labor movements, especially trade union movements in the Global South, strongly preferred.
  • A post-graduate degree in law, development, human rights or other relevant field.
  • Extensive experience managing in the social justice sector. Experience managing in a unionized staff environment strongly preferred.
  • Fluency in English required. Proficiency in another language or other languages strongly preferred.
  • Strong track record of non-profit fundraising from a diversity of sources.
  • Experience developing and implementing advocacy strategies, including experience producing high-quality written material.
  • Willingness to travel extensively, both domestically and internationally.
  • Commitment to anti-oppression principles and practice, and experience and sensitivity in working in multicultural, multiracial environments.

Responsibilities of the Executive Director will include:

Strategic Leadership and Positioning:
  • Play a leadership role with Board, staff, and allies to continuously evaluate opportunities and generate effective strategies in the context of changing landscape and evolving issues in this field, consistent with the ILRF’s mission, vision and values.
  • Represent the organization in public fora, and guide relations with allies in the field.
Fundraising:
  • Cultivate and manage funder relations, including with an engaged network of individual donors.
Administration:
  • Organizational planning, monitoring and evaluation.
  • Financial management (including developing and managing program budgets).
Board Relations:
  • Engage and convene a Board of trade unionists, non-profit leaders, faith leaders, and other committed social justice activists to further the work and stature of ILRF.
Salary and Benefits: from $100,000 to $120,000 depending on experience. Benefits include health, dental, and vision insurance; paid holidays, vacation, and sick leave; SIMPLE IRA plan; and transportation reimbursement.

The ILRF is an equal opportunity employer and actively recruits women, people of color, persons with disabilities, and persons with diverse gender and sexual identities.
Job Posting: SEIU Union Representative/Organizer for Upstate New York
Union Representative / Internal Organizer Based in Syracuse or Ithaca, NY
(with travel throughout NY state)

SEIU Local 200United is now hiring a  Contract Organizer  – a strategic, high-energy individual with a demonstrated ability to organize people and challenge power in the workplace.

For 100 years, SEIU members have fought for dignity, respect, and better conditions in our workplaces and communities. Our diverse leaders and staff support workers as they speak out for good jobs and better lives for themselves and their families. SEIU Local 200United is a Local chapter of SEIU that is made up of a wide variety of workers (15,000) in public, private, and federal sectors in Upstate New York and Vermont.

Responsibilities:
  • Organize workers through communicating in one on ones and via small meetings to work collectively and build strong unions.
  • Mentor and develop leadership among union members, stewards, and officers.
  • Working with members to enforce their union contract through the grievance and arbitration process.
  • Negotiate union contracts: both leading bargaining at the table and leading every aspect of contract campaigns from drafting proposals to organizing a member contract action team to actions including pickets, rallies, and strike preparation.
  • Build external relationships with the community and workers to move the campaign and union movement forward.
  • Encourage participation in political activities that hold elected officials accountable to working families.
  • Assisting in creating communications materials including leaflets and newsletters.
  • Carefully manage and maintain membership data to track and develop member activists, leaders and participation.
  • 
Qualifications:

  • Demonstrated ability to work with people from diverse cultural, economic, and social backgrounds.
  • Direct experience in field organizing for social justice or other issue campaigns.
  • Commitment to the goals and principles of union organizing, workers’ rights, direct action, economic justice, and progressive issues.
  • Ability to think clearly under pressure.
  • Ability to create and follow through with a campaign plan from start to finish.
  • Ability to handle multiple projects simultaneously and meet established benchmarks and deadlines. Demonstrated ability to problem-solve independently while working as part of a team.
  • Strong speaking and writing skills a must.
  • Ability to function in a computerized smartphone environment. Functional ability to utilize Microsoft Word, Excel, Google Docs, and social media
  • A valid driver’s license and an insured vehicle required.
  • Willingness to work long hours, evenings and weekends as needed.
  • Knowledge of basic labor law such as NLRA, NYS Taylor Law, FMLA, ADA, FLSA, OSHA, etc., is a plus.

Location:
Syracuse or Ithaca, NY. Position requires travel throughout New York State.

Compensation:
Competitive salary, full benefits package including: 100% employer-paid family health, dental, and life insurance, a defined benefit pension, a supplemental 401K, and a car allowance. This is a salaried position.

To Apply:
Email a cover letter, résumé, and references to: August Schneeberg, Research and Communications Director,  aschneeberg@local200united.org
 
National Center for the Study of Collective Bargaining
in Higher Education and the Professions
Hunter College, City University of New York
425 E 25th St.
Box 615
New York, NY 10010
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