NATIONAL CENTER
for the Study of Collective Bargaining in Higher Education and the Professions
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Follow Us on Twitter @HigherEd_CB for News from Around the Country
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The National Center's March newsletter includes updates and registration information about our May 17-20 annual conference along with a list of panels and speakers. The conference theme is Higher Education, Collective Bargaining, and the Biden Administration. The latest confirmed panel is titled COVID-19 and Its Impact on Academic Women. We are also very pleased to announce that Washington Post columnist E.J. Dionne, Jr. will be participating in the panel on Massimo Faggioli's new book Joe Biden and Catholicism in the United States.
The March 2021 newsletter also includes a discussion of the NLRB's decision to withdraw its proposed rule to exclude graduate assistants from coverage under the National Labor Relations Act, recent federal appellate decisions vacating the NLRB's certifications of unions to represent adjunct faculty at Manhattan College and Saint Xaiver University, and an NLRB Regional Director's decision finding that faculty at Medaille College are managerial. In addition, we report on other decisions and filings related to collective bargaining and labor relations in higher education. Lastly, the newsletter includes a link to our November 2020 study about the growth in unionization at colleges and universities links to video excerpts from our 2020 annual conference, links to articles in the Journal of Collective Bargaining in the Academy, and job postings.
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Register Now for the National Center's 48th Annual Conference:
A Virtual Conference on May 17-20, 2021
Higher Education, Collective Bargaining, and the Biden Administration
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Registration is now open for the National Center's 48th Annual Conference, which will take place virtually during the week of May 17, 2021. While we will not be charging a conference registration fee this year, we welcome donations to help support our mission and activities.
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List of Currently Confirmed 2021 Conference Panels |
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The following is a list of currently confirmed panels and panelists:
Plenary: The Biden Administration: Higher Education and Labor Initiatives with Lynn Pasquerella, President, Association of American Colleges and Universities, Mark Gaston Pearce, Executive Director, Workers Rights, Georgetown University Law School and former National Labor Relations Board Chairman, Damon A. Silvers, Director of Policy and Special Counsel, AFL-CIO, and Michael Loconto, Founding Principal, Fenway Law, LLC, Moderator.
Panel: Challenges of the Past Year and Perspectives about the Future with Daniel Greenstein, Chancellor, Pennsylvania State System of Higher Education, Susan Poser, Provost & Vice Chancellor for Academic Affairs, University of Illinois Chicago, Mildred Garcia, President, American Association of State Colleges and Universities, and Scott Jaschik, Editor, Inside Higher Ed, Moderator.
Panel: Collective Bargaining in Higher Education: Best Practices for the Promotion of Collaboration, Equity and Measurable Outcomes with Daniel J. Julius, Visiting Fellow, Yale University, School of Management and Professor of Management, New Jersey City University, Joel Cutcher-Gershenfeld, Professor, Heller School for Social Policy and Management, Brandeis University, Adrienne E. Eaton, Dean, School of Management and Labor Relations, Distinguished Professor, Labor Studies & Employment Relations Department, Rutgers University, Thomas Kochan, MIT Sloan Institute for Work and Employment Research at the MIT Sloan School of Management, and David Lewin, Professor Emeritus, Management and Organizations, UCLA Anderson School of Management. This panel is co-sponsored by the LERA Higher Education Industry Council.
Panel: COVID-19 and Its Impact on Academic Women with Karen R. Stubaus, Vice President for Academic Affairs, Rutgers University, Maria Lund Dahlberg, Study Director, National Academies of Sciences, Engineering, and Medicine, Eve Higginbotham, Dean of Inclusion and Diversity, University of Pennsylvania, Leslie D. Gonzales, Associate Professor in the Higher, Adult, and Lifelong Learning Unit in the College of Education, Michigan State University and Juli Wade, Dean of the College of Liberal Arts and Sciences at University of Connecticut.
Panel: Speaking of Dignity: Non-Unionized Adjunct Faculty Teaching at a Catholic Church-Affiliated University with Jacob Bennett, University of New Hampshire, Maria Maisto, New Faculty Majority, James Coppess, Associate General Counsel, AFL-CIO, and David Marshall, Director, Center for Labor and Employment Law, Dorothy Day Professor of Law, St. John's University School of Law, Panelist and Moderator.
Panel: Principles and Practices for Effective Negotiations with Kathy Sheffield, Director of Representation and Bargaining, California Faculty Association, Barry Miller, Senior Policy Advisor on Labour Relations, Office of the Provost, York University, Deborah Williams, Johnson County Community College Faculty Association, Judi Burgess, Esq., Director of Labor Relations, Boston University, and Elena Cacavas, Esq., Cacavas ADR, LLC, Moderator.
Panel: Contingency, On-Line Education and Faculty Strikes in the US and the UK with Mariya Ivancheva, Lecturer in Higher Education Studies at the University of Liverpool, Robert Ovetz, Lecturer, Political Science, San Jose State University, David Harvie, Associate Professor of Finance and Political Economy, University of Leicester, and Alyssa Picard, Director, AFT Higher Education, Moderator.
Panel: Preparing and Presenting Grievances in Arbitration with Sarah Miller Espinosa, Labor Arbitrator, Mediator, and Ombuds, Letitia F. Silas, Executive Director of Systemwide Labor Relations, University of California, Tara Singer-Blumberg Labor Relations Specialist, New York State United Teachers and Homer C. La Rue, Labor Arbitrator, Mediator, and Professor of Law, Howard University School of Law, Panelist and Moderator.
Panel: Higher Education Legal Update with Henry Morris Jr., Partner, Arent Fox LLP, Monica Barrett, Bond, Schoeneck & King, PLLC, Angela Thompson, Associate Director, AFT Legal Department, and Aaron Nisenson, Senior Legal Counsel, AAUP, Panelist and Moderator.
Panel: Academic Freedom in Collective Bargaining Agreements and Faculty Handbooks with Hans-Joerg Tiede, Director of Research, AAUP, Risa Lieberwitz, General Counsel, AAUP and Professor of Labor and Employment Law, Cornell University School of Industrial and Labor Relations, Missy A. Matella, Watkinson Laird Rubenstein, P.C, and Jeffrey Cross, Former Associate VP, Academic Affairs, Eastern Illinois University (Emeritus), Editor, Journal of Collective Bargaining in the Academy, Moderator.
Panel: Shared Governance, Collective Bargaining, and the Future of Online Learning in Light of COVID-19 with Anthony G. Picciano, Professor, Hunter College and CUNY Graduate Center, School of Education, Irene Mulvey, President, AAUP, Joseph McConnell, Morgan, Brown & Joy, LLP, and Theodore Curry, Professor of Human Resources and Labor Relations, Michigan State University, Moderator.
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Book Panel: Just Universities: Catholic Social Teaching Confronts Corporatized Universities with Gerald J. Beyer, Associate Professor of Christian Ethics, Villanova University, Patricia McGuire, President, Trinity Washington University, Discussant, Mary-Antoinette Smith, Associate Professor, English, and Executive Director, National Association for Women in Catholic Higher Education (NAWCHE), Seattle University, and Donna Haverty-Stacke, Professor, History, Hunter College, CUNY, Moderator.
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Book Panel: Joe Biden and Catholicism in the United States with Massimo Faggioli Professor of Theology and Religious Studies, Villanova University and contributing writer to Commonweal magazine, E.J. Dionne, Jr., Washington Post Syndicated Columnist, Senior Fellow, Brookings Institution, and Georgetown University Professor, Heidi Schlumpf, Executive Editor, National Catholic Reporter, and Paul Moses, Professor of Journalism, Brooklyn College, CUNY, Moderator.
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Panel: Social Unionism to Bargaining for the Common Good in Higher Education: Then and Now with Charles Toombs, President, California Faculty Association, Ellen Schrecker, Professor Emerita of American History, Yeshiva University, Andrew Feffer, Professor, History, Union College and author of Bad Faith: Teachers, Liberalism, and the Origins of McCarthyism, Marilyn Sneiderman, Professor and Director, Center for Innovation in Worker Organization, Rutgers University School of Management and Labor Relations, and Malini Cadambi-Daniel, Director for Higher Education, SEIU, Moderator. |
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Book Panel: How Public Employees Win and Lose the Right to Bargain with Dominic Wells, Assistant Professor, Political Science, Bowling Green State University, author of From Collective Bargaining to Collective Begging: How Public Employees Win and Lose the Right to Bargain (2020), William P. Jones, Professor & Director of Graduate Studies, Department of History, University of Minnesota, President, Labor and Working-Class History Association, Eleni Schirmer, PhD candidate at University of Wisconsin-Madison in Educational Policy Studies, and William A. Herbert, National Center Executive Director, Moderator.
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Download the National Center's Study on Higher Education
Unionization Growth, 2013-2019
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The study was co-written by National Center Executive Director Bill Herbert, Jake Apkarian, Assistant Professor of Sociology, York College, CUNY, and Joey van der Naald, a PhD candidate in the program in sociology, CUNY Graduate Center.
It analyzes data regarding new bargaining units, bargaining agents, and contracts in higher education for the period 2013-2019 The study includes a listing of all new bargaining relationships concerning faculty, department chairs, librarians, postdoctoral scholars, academic researchers, and/or graduate student employees.
The study finds:
- An increase of 118 new faculty bargaining units with a total of 36,264 newly represented faculty (20,160 at public sector institutions, 15,898 at private non-profit institutions, and 206 at for-profit institutions).
- An 81.3% increase in bargaining units at private institutions and a 61.0% increase in represented faculty at those institutions, primarily among adjunct faculty. In comparison, there was an 8.8% growth in new public sector faculty units and a 5.8% growth in organized public sector faculty.
- One new faculty bargaining unit created in 21 States and the District of Columbia with California (19), New York (17), Florida (13), and Massachusetts (11) having the largest number of new faculty collective bargaining relationships. The new faculty union at Duke University was the first at a private institution in a right-to-work state since 1992.
- There are now over 14,000 organized postdoctoral scholars and academic researchers in bargaining units at six public sector institutions and six private non-profit institutions.
- There have been 16 new graduate student employee bargaining units since 2012 with over 19,600 newly represented student employees. Eleven of the bargaining units are at private institutions with over 15,600 newly represented student employees, while in 2012 there were no organized units in the private sector. There are now 8 private universities with contracts applicable to graduate student employees.
Unlike prior directories, the 2020 Supplementary Directory includes a detailed unit composition description for each new unit as well as hyperlinks to the most recent contract for each new unit. This information is aimed at enhancing future research and avoiding confusion over unit composition, particularly when faculty units include other titles.
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NLRB Withdraws Proposed Rule to Exclude Graduate Assistants |
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In a surprising development, the National Labor Relations Board (NLRB) on March 15, 2021 withdrew its 2019 notice of proposed rule-making that would have created an administrative rule classifying student employees, including graduate and undergraduate assistants, as not “employees” entitled to the labor rights granted by the National Labor Relations Act. The National Center was one of many interested parties to have filed comments concerning the proposed administrative rule.
The NLRB stated that the withdrawal of the proposed rule was "based on its judgment respecting the most effective allocation of the Board's limited resources at this time. In light of competing agency priorities, the Board has determined to focus its time and resources on the adjudication of cases currently in progress."
The withdrawal means that the NLRB's 2016 Columbia University decision remains the applicable law, which allows for graduate assistants and other student workers on private sector campuses to unionize with the protections of federal law. However, the withdrawal does not preclude the current or a future NLRB majority from reversing the Columbia University decision if it is asked to in the context of a litigated case. The likelihood of reversal will be lessened once President Biden's appointments become the majority of the NLRB Board. |
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Appellate Court Vacates Certifications at Religiously-Affiliated Schools |
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Manhattan College v. National Labor Relations Board, United States Court of Appeals for the D.C. Circuit, Case No. 18-1113
Saint Xavier University v. National Labor Relations Board, United States Court of Appeals for the D.C. Circuit, Case No.No.18-1076
On March 22, 2021, the United States Court of Appeals for the D.C. Circuit issued per curiam decisions and orders summarily vacating National Labor Relations Board (NLRB) decisions certifying adjunct faculty unions at Manhattan College and Saint Xavier University.
The reference in both decisions by the federal appellate court to Duquesne Univ. of the Holy Spirit v. NLRB, 947 F.3d 824(D.C. Cir. 2020) indicates that the Manhattan College and Saint Xavier University certifications were vacated based on the conclusion that the NLRB had applied the wrong legal standard for asserting jurisdiction over religiously-affiliated institutions of higher education. It is likely that both cases will be remanded to the NLRB or the petitioning unions will seek en banc review of the decisions by the entire D.C. Circuit Court of Appeals.
The certification vacaturs at Manhattan College and Saint Xavier University followed the voluntary dismissal, on February 9, 2021, of an appeal by Tom Jorsch and Lisa Guinn to the NLRB's June 10, 2020 decision in Bethany College dismissing unfair practice complaints challenging their terminations on the grounds that the agency was prohibited from exercising jurisdiction under the First Amendment.
The following is a description of the at-issue Manhattan College adjunct faculty unit:
Included: All individuals employed as part-time faculty with an adjunct academic rank who teach a minimum of a three (3) credit college degree level course for a full semester (or the equivalent hours of a semester length course).
Excluded: Adjunct faculty in the Department of Religious Studies, all other full and part-time employees, including visiting and full time faculty, regardless of teaching load, students who are employed by the College, and guards and supervisors as defined in the Act.
The following is a description of the at-issue Saint Xavier University adjunct faculty unit:
Included: All part-time faculty employed by the Employer at its campuses presently located at 3700 West 103rd Street, Chicago, Illinois and 18230 Orland Parkway, Orland Park, Illinois, who teach at least three credit hours per semester.
Excluded: all part-time faculty members in School of Nursing, all music tutors, all student supervisors in the School of Education, independent contractors, confidential employees and managers, office clerical employees and guards, professional employees and supervisors as defined in the Act.
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Medaille College: NLRB Regional Director Finds Faculty are Managerial |
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Medaille College, NLRB Case 03-RC-265905
On February 23, 2021, NLRB Region Director 3 Paul J. Murphy issued a decision dismissing a petition filed by Medaille College Faculty Association/NYSUT/AFT/NEA/AFL-CIO seeking to represent a bargaining unit of 70 full-time and regular part-time faculty including department chairs and program directors at Medaille College in western New York. The petitioner did not seek to represent the 250 adjunct faculty at the college.
Region Director Murphy found that Mediaille College full-time and regular part-time faculty were managerial under NLRB v. Yeshiva University, 444 U.S. 672 (1980), because they exercised decision-making control through shared governance over four areas of consideration identified in the NLRB's 2014 Pacific Lutheran University decision: academic programs, admissions, academic policies, and personnel decisions
The Region Director found that Mediaille College's 2020 significant modifications to the faculty handbook did not significantly change faculty's decision-making control although faculty are now deemed at-will employees if they refuse to sign an individual employment contract. Other 2020 handbook changes included: elimination of faculty involvement in future handbook revisions; elimination of future tenure-track positions; streamlining layoff procedures; adding new faculty teaching responsibilities; and abbreviating faculty performance evaluation procedures.
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State of Maryland is Considering Community College Bargaining Law |
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The Maryland Legislature is considering a bill, HB 894 that would grant collective bargaining rights to community college faculty in that state. If enacted, the bill would require a bargaining unit for full-time faculty, and separate bargaining units for part-time faculty and eligible non-exempt employees under the Fair Labor Standards Act. Department heads would be covered under the proposed legislation but student assistants are not. The bill would prohibit strikes with impasses over non-economic issues being finally resolved by a fact-finding board.
The bill would stagger implementation by institution:
September 1, 2022: Anne Arundel Community College; Community College of Baltimore County; Frederick Community College; Harford Community College; Howard Community College; Montgomery College; Prince George’s Community College, and College of Southern Maryland.
September 1, 2023: Allegany College of Maryland; Carroll Community College; Cecil College; Chesapeake College; Garrett College; Hagerstown Community College; and Wor-Wic Community College.
October 1, 2024: Baltimore City Community College.
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Maryland Institute College of Art: SEIU Files to Represent FT Faculty |
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Maryland Institute College of Art, NLRB Case No. 05-RC-274489
On March 23, 2021, SEIU filed a petition with the National Labor Relations Board (NLRB) to represent a unit of approximately 143 full-time faculty at Maryland Institute College of Art. The following is that at-issue proposed unit sought in the petition:
Included: All full-time faculty.
Excluded: All other employees, confidential employees, managers, guards, and supervisors as defined in the National Labor Relations Act.
In May 2014, SEIU was certified by the NLRB to represent a unit of part-time faculty at the Maryland Institute College of Art, and the parties negotiated a first contract for that unit, which expires in June, 2021. |
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Harrisburg Area Comm Coll.: NEA Seeks to Represent FT and PT Faculty |
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Harrisburg Area Community College, PERA Case No. R-20-306-E
The Harrisburg Area Community College Employee Association, PSEA, NEA has a petition pending with the Pennsylvania Labor Relations Board seeking to represent a bargaining unit of approximately 664 regular full-time and regular part-time faculty, department chairs, librarians, and advisors.
The following is the proposed unit sought in the representation petition:
Included: Regular full-time and regular part-time faculty, comprising professors, librarians, associate professors, dept chairs, counselors/advisors, instructors.
Excluded: Part-time faculty members who have not taught a class in the prior 12 months at HACC and part-time faculty who have taught exactly five semesters or less than five semesters at HACC.
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Gordon College: Faculty Protected by Anti-Discrimination Laws |
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DeWeese-Boyd v. Gordon College, Massachusetts Supreme Judicial Court
Case No. SJC-12988
On March 5, 2021, the Massachusetts Supreme Judicial Court issued a decision rejecting the argument by Gordon College, a private nondenominational Christian liberal arts college, that Professor of Social Work Margaret DeWeese-Boyd was subject to the court-created ministerial exception to anti-discrimination laws based on the application of the functional test set forth in the United States Supreme Court's decision in Our Lady of Guadalupe School. v. Morrissey-Berru, 140 S. Ct. 2049 (2020).
The Massachusetts appellate court found that DeWeese-Boyd was not a ministerial employee exempted from discrimination and retaliation protections because "she did not teach religion or religious texts, lead her students in prayer, take students to chapel services or other religious services, deliver sermons at chapel services, or select liturgy, all of which have been important, albeit not dispositive, factors in the Supreme Court's functional analysis."
Although DeWeese-Boyd and other faculty are mandated by the college to integrate a Christian faith perspective into their teaching, scholarship, and advising, the state appellate court found that the integration responsibilities were not sufficient to establish a ministerial status because it was "not tied to a sectarian curriculum: it does not involve teaching any prescribed religious doctrine, or leading students in prayer or religious ritual" and she was not held out as a minister, and DeWeese-Boyd duties are "significantly different from the ordained ministers or teachers of religion at primary or secondary schools in the cases that have come before the Supreme Court."
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University of Pittsburgh: Interim Order Dismisses GSE Petition |
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University of Pittsburgh, PLRB Case No. PERA-R-!7-355-W
On February 26, 2021, Pennsylvania Labor Relations Board (PLRB) representative Warren R. Mowery, Jr. issued an interim order and decision dismissing a petition filed by the United Steelworkers (USW) to represent a bargaining unit of graduate assistants employed by the University of Pittsburgh. The PLRB representative concluded that although USW's objections to the university's election misconduct were sustained and certain challenged ballots were ultimately counted, the ballot tally showed that the graduate assistants at the University of Pittsburgh voted against USW representation by a margin of 39 votes.
According to a media report, USW has challenged the interim decision and order in exceptions filed with the PLRB Board. |
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Video Excerpts from the National Center's 47th Annual Conference |
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Below are links to video-recorded sessions from the National Center's 47th annual conference on
Plenary: The Student Debt Crisis: History, Consequences, and Post-Pandemic Solutions with Elizabeth Tandy Shermer, Associate Professor, Loyola University Chicago, Caitlin Zaloom, Professor of Social and Cultural Analysis, New York University, Jennifer Mishory, Senior Fellow and Senior Policy Advisor, Century Foundation, and Suzanne Kahn, Director, Education, Jobs, and Worker Power and the Great Democracy Initiative at the Roosevelt Institute.
Growth in Union Density Among Academic Labor, 2013-2019 with Jacob Apkarian, Assistant Professor of Sociology, Department of Behavioral Sciences, York College, CUNY and National Center Affiliated Researcher, Joseph van der Naald, Graduate Student Researcher, Program in Sociology, Graduate Center, CUNY and National Center Affiliated Researcher, and William A. Herbert, Distinguished Lecturer and National Center Executive Director, Moderator and Presenter. Discussants: Gary Rhoades, Professor and Director, Center for the Study of Higher Education, University of Arizona, JCBA Co-editor and Adrianna Kezar, Endowed Professor and Dean's Professor of Leadership, USC, Director of the Pullias Center.
Conference Greetings by Christina R. Cutlip, Senior Managing Director, Institutional Relationships, TIAA.
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.
Labor as Contingent as Free Speech? An Analysis of Recent Adjunct Faculty First Amendment Cases with Nora Devlin, Doctoral Candidate, Rutgers Graduate School of Education, Stacy Hawkins, Professor of Law, Rutgers Law School, Commentator, Martin Malin, Professor of Law and Co-Director, Institute for Law and the Workplace, Chicago-Kent College of Law, Illinois Institute of Technology, Commentator, and Christopher Simeone, AAUP, Moderator.
Contingent Faculty, Job Security, and Academic Freedom with Carl Levine, Levy Ratner P.C., Keila Tennant, Associate General Counsel and VP for Labor Relations, The New School, Sonam Singh, former Unit Chair, BCF-UAW Local 2110, and Barry Miller, Senior Policy Advisor on Labour Relations, Office of the Provost, York University, Moderator.
Collective Bargaining from All Sides: Unionism, the Faculty Senate, Contingent Faculty, and Academic Administration with Naomi R. Williams, Assistant Professor, Labor Studies and Employment Relations, Rutgers University, Nelson Ouellet, Associate Professor, Université de Moncton, David Hamilton Golland, Professor, History, Governors State University, Jon E. Bekken, Professor, Communications, Albright College, and Theodore H. Curry, Professor of Human Resources and Labor Relations, Michigan State University, Moderator.
Higher Education Funding After the Pandemic with Fred Floss, Professor and Chair, Department of Economics and Finance, SUNY Buffalo State University and Fiscal Policy Institute, Senior Fellow, Thomas Anderson, Executive Director, Union of Part-Time Faculty, AFT Local 477, AFL-CIO, Thomas L. Harnisch, Vice President for Government Relations, and Sophia Laderman, Senior Policy Analyst, State Higher Education Executive Officers Association (SHEEO).
Race and Labor In Historical and Contemporary Contexts with Bill Fletcher, Jr. author and activist, former president of TransAfrica Forum, and Senior Scholar with the Institute for Policy Studies. Discussants: Derryn Moten, Alabama State University, co-president of the Alabama State University Faculty-Staff Alliance and a vice president of the Alabama AFL-CIO and Sherri-Ann Butterfield, Executive Vice Chancellor and Associate Professor, Sociology, Office of the Chancellor, Rutgers University—Newark. DeWayne Sheaffer, National Council for Higher Education, National Education Association, Moderator.
Black Lives Matter on Campus and Beyond with Calvin Smiley, Assistant Professor, Sociology, Hunter College, CUNY, Paul Ortiz, University of Florida Chapter President, United Faculty of Florida NEA-AFT, Terri Givens, CEO and Founder, Center for Higher Education Leadership, Elijah Armstrong, Organizational Specialist in Human and Civil Rights, National Education Association, and Alethea Taylor, Doctoral Lecturer/Internship Site Developer, Hunter College - School of Education, Department of Educational Foundations and Counseling, Participant and Moderator.
Title IX Regulations: Bargaining Issues for Unions and Institutions with Rana Jaleel, Assistant Professor, Gender, Sexuality, and Women's Studies, University of California, Davis, Lance Houston, University EEO, Inc., Debra Osofsky, Negotiator, Educator and Contract Specialist, and Judi Burgess, Director of Labor Relations, Boston University, Moderator.
Affirmative Action in Higher Education, Post-Pandemic with Cara McClellan, Assistant Counsel, NAACP Legal Defense and Educational Fund, Risa Lieberwitz, General Counsel, AAUP and Professor of Labor and Employment Law, Cornell University School of Industrial and Labor Relations, Victor Goode, Associate Professor, CUNY Law School, and Lili Palacios-Baldwin, Deputy General Counsel for Labor, Employment & Litigation, Tufts University, Moderator.
The Equal Rights Amendment and Higher Education with Julie Suk, Dean for Master’s Programs and Professor, Sociology, CUNY Graduate Center, Elizabeth Schneider, Rose L. Hoffer Professor of Law, Brooklyn Law School, Jessica Neuwirth, Distinguished Lecturer and Rita E. Hauser Director, Human Rights Program, Roosevelt House, Public Policy Institute at Hunter College, CUNY, and Wendi Lazar, Partner, Outten & Golden, Moderator.
The Old Wolf, Again: Latinx Faculty Negotiations, Recruitment, Retention, and Racism in the Academy with Theresa Montaño, California State University, Northridge, Chicana/o Studies, California Faculty Association, José Luis Morín, Chairperson, Department of Latin American and Latinx Studies, John Jay College of Criminal Justice, Michael Ortiz, Sul Ross University, and José Cintrón, Professor, College of Education, CSU Sacramento, California Faculty Association, Moderator.
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.
Reasonable Accommodations for Faculty and Teaching Assistants with Jamie Daniel, Former National Field Service Representative, AAUP, Laura Yvonne Bulk, President, CUPE Local 2278 (Canadian Union of Public Employees), PhD Candidate, Rehabilitation Sciences, The University of British Columbia, Barbara Aloni, Disability & Productivity Consultant, The Standard Insurance Company, John Rose, Dean for Diversity, Hunter College, CUNY, and Alexandra (Sascha) Matish, Associate Vice Provost for Academic and Faculty Affairs and Senior Director, Academic Human Resources, University of Michigan, Moderator.
Retirement Plan Trends in the COVID-19 Pandemic with Patricia McConnell, Levy, Ratner, PC, Gary Herzlich, Senior Director, Associate General Counsel, TIAA, Susan E. Bernstein, Schulte, Roth & Zabel LLP, and Christina Cutlip, Senior Managing Director, Institutional Relationships, TIAA, Moderator.
LGBTQ Labor Issues in Higher Education After Bostock v. Clayton County 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) and faculty at CUNY, Moderator.
Health and Safety Issues and COVID-19 with Deborah Berkowitz, Worker Safety and Health Program Director, National Employment Law Project, Amy Bahruth, Assistant Director for Health and Safety, AFT, Jeffrey Hescock, Executive Director Environmental Health and Safety, UMass Amherst, and Thomas H. Riley, Jr. Executive Director of Labor and Employee Relations and Special Counsel for the University of Illinois System, Moderator.
Unemployment Insurance Policies and Practices: Adjunct Faculty, COVID-19, and Beyond with Michele Evermore, Senior Research and Policy Analyst, National Employment Law Project, George Wentworth, Of Counsel, National Employment Law Project, Arnab Datta, Senior Legislative Counsel, Employ America, and Francisco Diez, Worker Justice Policy Advocate, Center for Popular Democracy, Participant and Moderator.
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I. William Brennan Institute of Labor Studies Department Labor Studies
Institute at the University of Nebraska at Omaha
Director
The University of Nebraska at Omaha (UNO) is seeking applications for the position of Director of the William Brennan Institute of Labor Studies. We need your assistance in spreading the word about this position and are asking that you share this with your colleagues, associates and members - anyone who may be interested in this position.
Founded in 1980, the mission of the Institute is to provide training for labor leaders for the skills necessary to lead their organizations, and to educate Nebraskans more generally about the role of organized labor. The Institute accomplishes its mission through teaching, applied research, and community and professional service. The Institute provides instruction through open enrollment classes for union members, contract classes customized for clients, and invited presentations for broader audiences. The mode of delivery includes face-to-face instruction on- and off-campus, and by distance learning technologies. The Institute works closely with community partners throughout the state, including labor unions, the Nebraska Center for Workforce Development and Education, and the Institute’s Labor Advisory Committee. It is affiliated with the United Association for Labor Education.
The Institute is a unit in the College of Public Affairs and Community Service, and the Director reports directly to the Dean of the College. The Director is a member of the College Executive Committee, the decision-making body for the College. The Institute draws administrative support from the Grace Abbott School of Social Work, and collaborates with other units in the College, and throughout the University of Nebraska system. The Institute is housed in the Barbara Weitz Community Engagement Center on UNO’s campus.
The Director should be able to articulate a compelling vision for the future of the Institute, and how it will be achieved. Specifically, the successful candidate should be able to articulate the appropriate subject matter and mode of instruction. Also, the Director will decide the balance of time between instruction and applied research and service, as will be the decision about which work to do internally or with contractors. Currently the Institute is a one-person operation, however there is potential for additional hiring. The Director position is an untenured position covered by the AAUP Collective Bargaining Agreement. The employment contract would be a three-year, renewable contract. While flexible, the desired start date is July 1.
The University and department have a strong commitment to achieving diversity among the faculty and staff. The University of Nebraska does not discriminate based on race, color, ethnicity, national origin, sex, pregnancy, sexual orientation, gender identity, religion, disability, age, genetic information, veteran status, marital status, and/or political affiliation in its programs, activities, or employment. UNO is a VEVRAA Federal Contractor and an E-Verify employer.
Following is a link to the job description and application process. This is a very important position to Nebraska Labor and we are looking to retain this very valuable Educator. Please share far and wide.
II. Rutgers University School of Management and Labor Relations,
Department of Labor Studies and Employment Relations
LEARN Director
Posting Summary:
Rutgers University School of Management and Labor Relations (SMLR), Department of Labor Studies and Employment Relations (LSER), is seeking a non-tenure track faculty member (rank open) to direct our LEARN (Labor Education and Research Network) program (https://smlr.rutgers.edu/content/labor-education-and-research-now-learn).
The Labor Education Action Research Network is the continuing education unit of LSER. The State of New Jersey established the Rutgers Institute for Management and Labor Relations in 1947 to provide extension services that would both help to foster labor-management cooperation in New Jersey workplaces and educate labor-management representatives and the general public about the advantages of such cooperation as well as the means to achieve it.
As SMLR has grown and expanded its mission, adding degree programs, research centers, and special programs, LEARN remains a central component of our mission. LEARN works with the Center for Innovation in Worker Organization (CIWO) to fulfill this mission and improve the lives of working people in New Jersey and beyond. LEARN sponsors public programs and activities that strengthen the community at work, facilitate workplace democracy, and address inequalities of power and wealth in the wider society.
Minimum Education and Experience:
The successful candidate will have a commitment to improving the lives of working people in New Jersey and building a robust network to fulfill the missions of SMLR, LSER, and LEARN. A master’s degree in a related field is required, although a doctoral, law, or other terminal degree is preferred. A record of participation in applied research related to labor studies and employment relations is also desirable.
Required Knowledge, Skills and Ability:
Candidates should also have experience designing, developing, and recruiting for labor education programs, including programs targeted at a leadership level.
We are interested in someone who can work with faculty and labor leaders to develop a mix of leadership programs and who can reshape and recruit for our Union Leadership Academy, certificate programs, and other New Jersey-based offerings.
Candidates must have extensive experience in the labor movement and in labor education.
III. School of Labor and Employment Relations, University of Illinois at
Urbana-Champaign
Program Coordinator – Labor Education Program
Primary Position Function/Summary:
Manage the LEP programs which includes: program implementation and evaluation; supervision of event planning; execution of marketing and communications of the programs; coordinating and managing fund raising activities; and also oversee the work of the Project for Middle Class Renewal as well as external outreach relationships to the constituencies that LEP serves.
Qualifications:
Required: Bachelor’s degree from an accredited four-year college or university. One year of education, training and/or work experience with program/project management and or event planning.
Demonstrated experience in graphic design.
Preferred: Demonstrated fundraising experience.
Knowledge, Skills, and Abilities
Familiarity with the labor movement and knowledge of statewide labor leaders. Comfort and experience with reaching out to union leaders, employer groups, non-profit organizations and public bodies.
Ability to work independently and to use initiative to propose programs and projects.
Effective communication skills, both oral and written.
Competency in using all Microsoft Suite applications.
Ability to use social media platforms to create outreach marketing material and do graphic design on program materials.
Capable of building strong professional relationships with diverse groups and a genuine commitment to advancing middle-class economic opportunities for all workers.
Full Job Posting:
IV. New Jersey Institute of Technology
The New Jersey Institute of Technology is soliciting applicants for the position of Employee and Labor Relations Manager. The following are excerpts from the job posting:
Employee and Labor Relations Manager
Position Summary:
The Employee and Labor Relations Manager reports to the Director of Employee and Labor Relations and facilitates the development, implementation and administration of employee relations programs and policies. This position will manage all workplace-related regulatory and compliance issues and collective bargaining protocols and procedures. The incumbent is responsible for advising and assisting faculty and staff with HR policies and procedures, as directed. The incumbent will also act as a HR Business Partner to academic or administrative units. The incumbent will be the point of contact to assist with labor and employee relations matters in the absence of the Director of Employee Relations and Labor.
Essential Functions:
• Collective Negotiations: Provides labor relations support to the negotiation teams. Advises and assists in the interpretation and administration of collective bargaining agreements. Maintains and analyzes labor policy, practices and environment in furtherance of the collective negotiation practices of the Department, under the strategic guidance of the Director of Employee and Labor Relations. • Collective Agreement Administration: Administers and interprets university collective bargaining agreements. Administers grievance procedures under the direction of the Director of Employee and Labor Relations.
• Employee Relations: Investigates and reports on complaints from employees. Researches relevant federal, state and local labor and employment laws. Drafts responses to formal labor and employment complaints. Works with the Director to identify and create innovative solutions to solve and prevent problems. Manages day-to-day activities involving employee relations and complaints, labor relations matters, discrimination/sexual harassment claim investigations, and resolution to other employee-related issues. • Discrimination and Discriminatory/Sexual Harassment: Monitors compliance with university policy. Investigate complaints of discrimination and harassment in the university community.
• HR Business Partner to academic and/or administrative units: Proactively assess our partners’ organizational needs and implement solutions in a thoughtful way within a fast-paced environment, demonstrating and understanding of client the business needs and being a thought leader on people and organizational topics. Think strategically, use data to guide direction, be comfortable challenging business leaders, and reinvent how work is done. • Policy Implementation: Participate in the development and implementation of university-wide policies, including working with various groups to ensure policies are in compliance with the university's overall mission. • Affirmative Action/Equal Employment Opportunity Compliance: Assist in monitoring campus adherence to university policies of affirmative action/equal opportunity/diversity as well as to the applicable laws, regulations and guidelines. • Confidentiality: Ensure and practice strict confidentiality of all matters human resources related matters, except expressly publishable in carrying out the specific responsibilities of the job.
Essential Characteristics:
Successful performance of this position demands consistent demonstration of the following uncompromised performance characteristics: 1. Honesty and integrity above reproach, remaining steadfast in commitment to the charged responsibilities of the position and not yielding to the constant pressures of special interests. 2. Broad range, demonstrated with a mature professionalism, remaining above the undermining fray; never publishing or acting upon personal judgments or casting aspersions. 3. Adaptability to an intense, highly charged and continually varied workload and constituency, demonstrating innovation and keen prioritization capability. 4. Teaming, demonstrating basic courage of conviction, keen organizational awareness and unqualified commitment to HR's and the university's success; leading by example, an excellent work ethic and commitment to positional responsibilities without losing customer focus in the face of personalized professional endeavors and personnel matters in controversy. 5. Effective communication skills and professional conviction, managing conflicts, finding consensus where practicable. 6. Continued learning capacity and orientation demanded by the multifaceted, dynamic nature of the job.
Prerequisite Qualifications:
A Bachelor’s degree in human resources management or labor studies plus a minimum of three years of professional, legal, compliance or human resources experience, with demonstrated knowledge of the employee relations and labor relations function. Demonstrable written and verbal communication skills. Demonstrated experience in MS Office Suites. At the university's discretion, the education and experience prerequisites may be excepted where the candidate can demonstrate to the satisfaction of the university, an equivalent combination of education and experience specifically preparing the candidate for success in the position.
V. School of Labor and Employment Relations, University of Illinois at
Urbana Champaign (Chicago Office)
Lecturer or Instructor of Labor and Employment Law
The School of Labor and Employment Relations at the University of Illinois at Urbana Champaign invites applications for a full-time position of Lecturer or Instructor of Labor and Employment Law, assigned to the Labor Education Program. This is a 12-month education program that offers labor studies and employment rights education to union members, unrepresented workers and university undergraduates.
The University of Illinois is an Equal Opportunity, Affirmative Action employer that recruits and hires qualified candidates without regard to race, color, religion, sex, sexual orientation, gender identity, age, national origin, disability or veteran status.
This position is based in the Chicago office of the Labor Education Program. Considerable travel around the state of Illinois is required.
MINIMUM QUALIFICATIONS
Advanced Degree (JD/MS/PhD) in an appropriate social science discipline or professional area of study, i.e., history, political science, sociology, labor relations, labor studies, public policy, economics, gender race studies, and JD degrees with at least 3 years of teaching/training experience in the labor studies or employment rights field.
For details go to:
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Journal of Collective Bargaining in the Academy , Volume 11 |
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Below are links to articles that appear in Volume 11 of the Journal of Collective Bargaining in the Academy, our peer review multi-disciplinary journal co-edited by Jeffrey Cross, Eastern Illinois University (Emeritus), and Gary Rhoades, University of Arizona.
Op-Eds:
Articles:
Rodrigo Dominguez-Villegas, Laurel Smith-Doerr, Henry Renski, and Laras Sekarasih,
Practitioner Perspectives
We encourage scholars and practitioners in the fields of collective bargaining, labor relations, and labor history to submit articles for potential publication in future volumes of the Journal.
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.
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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
Copyright © 2021. All Rights Reserved.
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