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

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 and other research by keynote speaker Steven Greenhouse and other speakers scheduled to speak at the conference.

This year, 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.

This month's newsletter includes the National Center's work stoppage report for calendar year 2019. It supplements data from calendar years 2012-18, which is analyzed in an upcoming article by National Center Executive Director Bill Herbert and National Center Affiliated Researcher Jacob Apkarian, Assistant Professor of Sociology, York College.

The newsletter announces the two newest members of our labor-management Board of Advisors: University of Massachusetts-Amherst's Associate Provost for Academic Personnel Michael Eagen and AFSCME's Christopher Fox have joined the National Center's Board of Advisors. We also welcome St. John's University law student Elyssa Carr Cisluycis as a National Center intern for the Spring semester.

Lastly, the newsletter reports on recent judicial, administrative, and arbitration decisions of interest to our labor-management community.

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

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.
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.
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 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,
Conference Book Session: The Gig Academy
Book Session: The Gig Academy: Mapping Labor in the Neoliberal University with 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, who 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 and author of The Future of Academic Freedom , published by Johns Hopkins University Press.
Conference 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 book includes essays by Bill Fletcher, Jr., Shannon Gleeson, Cornell University ILR, labor journalist Sarah Jaffe, Jennifer Klein, Yale University, Jon Shelton, University of Wisconsin, Green Bay, Nancy MacLean, Duke University, Cedric Johnson, University of Illinois at Chicago, Gordon Lafer, University of Oregon's Labor Education and Research Center, and many others.
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 journalist Alina Tugend will moderate. 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 student 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 (in formation) with Chris Spence, Senior Director, Federal Government Relations, TIAA, 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: 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 Insurance Company, 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 , 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, 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 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, 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, 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.
National Center Work Stoppage Data Report for Calendar Year 2019
The National Center has completed its data collection on work stoppages in higher education in calendar year 2019. 

The data collection is the continuation of our research that formed the basis for the upcoming article by National Center Executive Director Bill Herbert and National Center Affiliated Researcher Jacob Apkarian, Assistant Professor of Sociology, York College, CUNY titled  You've Been with the Professors: An Examination of Higher Education Work Stoppage Data, Past and Present
in the Employee Rights and Employment Policy Journal.

In 2019, there were 13 strikes in higher education which is the same number as in 2018. This indicates that the spike in strikes we saw in 2018 was not anomalous. The only faculty strike in the past calendar year was at Wright State University, which was the longest faculty strike since 2012. 

There were four graduate assistant strikes last year, one of which was a wildcat strike at the University of California, Santa Cruz. The graduate assistant strike at Harvard University, lasting 29 days, was the longest strike in higher education since 2012. The University of California continues to be a major driver of strikes in higher education accounting for more than half of the strikes in 2019 (seven of 13 or 54%) and more than a third in the years spanning 2012-18 (15 of 42 or 36%).
U Mass-Amherst and AFSCME Join National Center Board of Advisors
Michael Eagen, Associate Provost for Academic Personnel at the University of Massachusetts – Amherst, has joined our Board of Advisors. Michael oversees academic human resources and faculty collective bargaining at the University of Massachusetts-Amherst. Previously, Michael served as the director of faculty and staff labor relations for the University of Connecticut, where he provided leadership and direction for the university’s employee relations and collective bargaining functions. He also served as counsel for labor and employment within the University of Connecticut's Office of the General Counsel.

Christopher Fox, Fiscal Policy Analyst in AFSCME's Research and Collective Bargaining Department, has also joined our Board of Advisors. Christopher is responsible for coordinating AFSCME's higher education policy. He also provides financial analysis of colleges and universities for AFSCME affiliates as they prepare to bargain on behalf of AFSCME locals which represent 60,000 higher education employees around the country. When necessary, Christopher serves as chief negotiator for a variety of AFSCME locals around the country.
National Center Welcomes St. John's Law Student Elyssa Carr Cisluycis
The National Center welcomes St. John's University School of Law student Elyssa Carr Cisluycis for the Spring semester. Elyssa will be assisting with our research and developing a greater understanding about collective bargaining and labor law issues.
Before entering law school, Elyssa attended Columbia University where she received her master’s degree in sociology. After receiving her degree, Elyssa worked as an adjunct professor at several undergraduate institutions where she taught classes on inequality, social change, and various other sociological concepts. During her time as a professor, she was inspired by conversations with her peers and students to apply and attend law school. 
At St. John’s University School of Law, Elyssa is active in the Labor Relations and Employment Law Society, serving as both secretary and treasurer. She is passionate about labor law and labor relations and plans to combine her experiences in education and sociology in developing and applying her legal skills.
February 12, 2020: Book Event in NYC with Historian Andrew Feffer
On February 12, 2020 at 4:30 p.m., at NYU's Tamiment Library, historian Andrew Feffer will be discussing his important recent book titled Bad Faith: Teachers, Liberalism, and the Origins of McCarthyism, published by Fordham University Press.

In his book, Feffer examines the legislative assault on faculty unionism and academic freedom at New York City municipal colleges in the early 1940s by the New York State Rapp-Coudert Committee which led to faculty terminations, non-reappointments, and resignations.

The Tamiment Libray is located at NYU Bobst Library, 70 Washington Square South, 2nd Floor in Manhattan.
Post- Janus Lawsuit by New York Professors Dismissed
David Seidemann v. Professional Staff Congress, Case No. 18 Civ. 9778 (KPF) (SDNY)

Since the Supreme Court's 2018 decision in Janus v. AFSCME Council 31 , which reversed a 1977 decision that upheld the constitutionality of agency fees in public sector labor relations, coordinated lawsuits have been filed around the country by former agency fee payers seeking retroactive reimbursement for agency fees paid before the Janus decision.

One such lawsuit was filed by CUNY professor David Seidemann and Bruce Martin, a professor at Suffolk County Community College and Farmingdale State College.

On January 10, 2020, United States District Court Judge Katherine Polk Failla issued an opinion dismissing all of the constitutional claims raised by Seidemann and Martin, concluding that the defendant unions had a good faith defense against the claims based on the status of the law prior to Janus . The decision by Judge Failla is consistent with a decision rendered last month by the Ninth Circuit Court of Appeals in Danielson v. Inslee .

In the New York case, Judge Failla also dismissed state law claims raised by the plaintiffs as well as their constitutional challenge to New York Civil Service Law 215 that states, in part:

"Notwithstanding any other law to the contrary, any public employer, any employee organization, ... or any of their employees or agents, shall not be liable for , and shall have a complete defense to, any claims or actions under the laws of this state for requiring, deducting, receiving, or retaining agency shop fee deductions from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted or mandated at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June [27, 2018]."
Chadron State College: Challenge to Faculty Termination Rejected
McEwen v. Nebraska State College System , Nebraska Court of Appeals
Case No. A-17-638

On December 17, 2019, the Nebraska Court of Appeals issued a decision denying an appeal b y Robert McEwen, a former tenured professor at Chadron State College, from a lower court decision that had rejected a legal challenge to his termination. Chadron State College is one of three colleges in the Nebraska State College System.

McEwen's lawsuit was predicated on a procedural argument that his discharge violated the just cause provision of the bargaining agreement for tenured and non-tenured faculty that stated, in part: Prior to giving a faculty member notice of a recommendation for dismissal, the Dean shall meet privately and discuss the recommendation with the faculty member. The matter may be reconciled by mutual consent.”

After a student filed a complaint of discrimination against Professor McEwen in 2015, the college conducted an investigation. Following the investigation, a decision was made to recommend McEwen's discharge. A short meeting was held on November 10, 2015 that was attended by McEwen and Dean James Margetts and Vice President for Academic Affairs Charles Snare. Snare attended as a witness and did not speak. During the meeting, Margetts advised McEwen of the decision to recommend his termination and provided him with an opportunity to resign rather than be discharged. At the conclusion of the meeting McEwen received a copy of the written recommendation.

Prior to a hearing under the collective bargaining agreement, McEwen unsuccessfully moved to dismiss the recommendation of termination on the basis that the college did not comply with the just cause provision because the meeting with Margetts on November 10, 2015 was not private. The college advisory committee conducted a hearing in February 2016 regarding the merits of the discharge. Following the hearing, the advisory committee found that there was sufficient evidence to establish just cause, and it recommended McEwen's discharge. Subsequently, the college president affirmed the advisory committee's factual findings and conclusions and informed McEwen of his termination.

After McEwen's request for a hearing before the Nebraska State College System Board of Trustees was denied, McEwen challenged the termination in the court. Among his legal claims was that the college violated the just cause provision when Dean Margetts met with him on November 10, 2015 along with Vice President for Academic Affairs Charles Snare. According to McEwen, Dean Margetts did not conduct a private meeting with him as required by the contract because of the presence of Vice President Snare.

In rejecting McEwen's argument the Nebraska Court of Appeals found that the November 10, 2015 meeting satisfied the contract provision because the meeting was held in private without a recording or transcription and Vice President Snare, although present, did not participate.
Southern University and Agricultural and Mechanical College :
Grievance Decision Enjoined for Open Meetings Violation
L ewnau, et al v. Southern University and Agricultural and Mechanical College , Court of Appeal of Louisiana, First Circuit, Case No. 2019 CA 0943

On January 9, 2020, a Louisiana appellate court upheld a lower court order enjoining S outhern University and Agricultural and Mechanical College from taking any action based on a Grievance Committee meeting that considered a joint grievance filed by current and former faculty members in the Department of Speech-Language Pathology and Audiology at the college's Baton Rouge campus. The joint grievance challenged adverse various employment actions including the termination of two faculty members and other alleged improper actions by the university.

The injunction was based on the Grievance Committee's violation of the state Open Meetings Law when it conducted a closed meeting to determine the grievance, after the faculty grievants and their attorney were involuntarily removed from the meeting and prohibited from observing or participating.
University of Rhode Island: ULP by URI-AAUP Over Parking Dismissed
The Rhode Island Council on Post Secondary Education and the University of Rhode Island, RISLRB Case No. ULP-6234

On October 8, 2019, the Rhode Island State Labor Relations Board issued a decision
dismissing an unfair labor practice complaint against the Rhode Island Council on Post-Secondary Education alleging violations of the Rhode Island collective bargaining statute.

The complaint was issued based on a charge filed by the University of Rhode Island-AAUP Chapter (URI-AAUP). The complaint alleged that the employer engaged in an unfair labor practice when it: a) unilaterally implemented a premium parking policy offering paid parking to faculty and staff at the University of Rhode Island without providing URI-AAUP with notice and an opportunity to bargain; and b) communicated directly with the URI-AAUP membership about the implementation of the new policy rather than through URI-AAUP.

The Rhode Island State Labor Relations Board dismissed the complaint because of a 3-3 deadlock among the Board members. Three Board members, including the Board Chair, were of the opinion that no violation occurred because no one in the URI-AAUP represented bargaining unit used the paid parking lot, and the university had a managerial right to institute paid parking as an alternative to the unpaid parking lot. In contrast, three other Board members would have found a violation because the change in the parking policy materially impacted the compensation of the URI-AAUP bargaining unit member.
Univ. of California: Arbitrator Sustains Grievance Over Fee Remissions
On January 13, 2020, Arbitrator Barry Winograd issued an opinion and award sustaining a contract grievance pursued by UAW Local LOCAL 2865 challenging a practice in the Electrical Engineering and Computer Sciences (EECS) program at the University of California, Berkeley of not providing tuition fee remissions under the collective bargaining agreement for undergraduate instructors purposefully hired at less than a 25% appointment level.

The arbitrator found that beginning in the 2015-16 school year, the university substantially increased the number of undergraduate instructors in EECS at appointment levels below 25% for the purpose of denying them fee remissions under the contract.

Arbitrator Winograd concluded that the principal motivation underlying the new university practice was budgetary concerns. The new practice was inconsistent with the parties' bargaining history, which demonstrated an agreement to maintain a 25% standard, with limited exceptions, to avoid an erosion of the bargaining unit. Lastly, the arbitrator found that the new practice conflicted with a prior university policy of requiring specific approvals to utilize a 15% or 20% appointment for an instructor.
Florida Gulf Coast Univ: ULP for Removing Academic Advisors from Unit
Florida Gulf Coast University Board of Trustees, Florida PERC Case No. CA-2018-047

On January 14, 2020, the Florida Public Employee Relations Commission (FPERC) sustained an unfair labor charge against the Florida Gulf Coast University Board of Trustees filed by United Faculty of Florida (UFF). The unfair labor practice charge challenged the university's unilateral change to the composition of UFF's represented bargaining unit by excluding academic advisors, by treating them as excluded, and failing to continue to recognize UFF as their representative.

At the time of the university's actions, there were three at-issue titles in the bargaining unit: Academic Advisor I, Academic Advisor II, and Academic Advisor III. As part of a reclassification plan, the university reclassified all the advisors as Administrative & Professional staff including the over three dozen advisors who had been classified as faculty. Nevertheless, the job duties, responsibilities, and requirements of the academic advisors remained substantially the same. FPERC concluded that the university excluded the advisors from the bargaining unit because "it was deemed best for the University" by giving it greater managerial control over the advisors. FPERC ordered that the academic advisors be restored to the bargaining unit with the salary increases they received as part of the reclassification plan.
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.

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.
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: 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.
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.

  • 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.

  • 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.

Syracuse or Ithica, NY. Position requires travel throughout New York State.

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,
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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