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March 2026 Newsletter

In this month's post-annual conference newsletter, we discuss the new joint report on academic freedom and collective bargaining by the National Center and the American Association of University Professors’ Center for the Defense of Academic Freedom. In addition, we include photographs from the annual conference and introduce two new members of our labor-management Board of Advisors. Finally, the newsletter discusses a recent federal court decision overturning a Florida ban on the arbitration of higher education faculty grievances and provides updates on representation cases from around the country.

New Report on Academic Freedom and Collective Bargaining

A new comprehensive report analyzing the incorporation of academic freedom provisions in collective bargaining agreements across higher education institutions was jointly released on March 18 by the National Center and the American Association of University Professors’ Center for the Defense of Academic Freedom. The report can be downloaded here.

The report provides the first in-depth, industry-wide examination of how academic freedom has been written into collective bargaining agreements across higher education.

Drawing on the contracts collected as part of the National Center’s 2024 Directory of Bargaining Agents and Contracts in Institutions of Higher Education and its Contract Research Site, the report highlights the variations and commonalities in contractual language and enforcement mechanisms, offering a valuable resource for institutions and unions seeking to strengthen academic freedom protections.

The report provides an extensive overview of scholarly literature on academic freedom and collective bargaining, along with a legal review of administrative agency decisions and arbitration awards addressing academic freedom issues. 

It concludes with a call for a nationwide training program on incorporating academic freedom into collective bargaining agreements. It emphasizes the need for uniformity in defining and enforcing academic freedom principles, as outlined in the 1940 Statement of Principles on Academic Freedom and Tenure. The proposed program would assist negotiators in fully protecting academic freedom and free speech in higher education and suggests a separate program for arbitrators on these principles.

The contracts analyzed were negotiated by a wide range of four-year and two-year institutions with nationally affiliated unions, including the American Association of University Professors (AAUP), American Federation of Teachers (AFT), National Education Association (NEA), Service Employees International Union (SEIU), and others. These agreements cover tenured and tenure-track faculty, contingent faculty, postdoctoral scholars, and graduate student employees. 

What experts are saying about the report:

• Robert Post, Sterling Professor of Law at Yale Law School, stated, "This report adds immensely to our understanding of this very important topic. It is required reading for anyone wishing to chart the contemporary landscape of higher education in the United States."

•  Mike Gavin, President and CEO of the Alliance for Higher Education, noted, "This report illustrates the opportunities and challenges in codifying academic freedom through collective bargaining, as well as the limitations of pre-determined definitions."

• Charlotte Garden, Associate Dean for Academic Affairs and Professor of Law at the University of Minnesota Law School, remarked, "Its analysis shows how and why faculty and graduate students can collectively bargain meaningful protections for their research, teaching, and other work."

• Catherine Fisk, Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley School of Law, commented, "The compilation of contract provisions on academic freedom is an excellent resource for lawyers and academics working in this field."

Photographs from the National Center's 2027 Annual Conference

Below are photographs from our annual conference which was held on March 22-24, 2026. Additional photographs will published in upcoming newsletters.

National Center Welcomes Hudson County Community College President Christopher Reber and New York State Public Employees Federation Representative Amy Pacholk to Our Board of Advisors

Dr. Christopher M. Reber is the president of Hudson County Community College (HCCC) in New Jersey. Located in one of the most densely populated and diverse areas of the United States, HCCC serves more than 24,000 credit and noncredit students and 1,000 employees annually on three urban campuses near New York City. Dr. Reber is leading and supporting the College’s engagement in local, regional, and national partnerships that support life-changing opportunities for students and the community. He is committed to transparency and the full participation of students, faculty, staff, and community members in the life of the College. Prior to arriving at HCCC, Dr. Reber served as president of Community College of Beaver County (CCBC) near Pittsburgh, PA, where he led new initiatives in support of a student-centered learning environment; strategic enrollment management; regional partnerships; and a culture of planning, assessment, and improvement. Earlier in his career, Dr. Reber served for 12 years as Executive Dean at Clarion University of Pennsylvania. He led the achievement of record-breaking enrollments and supported the development of new programs and stackable credentials including certificates, associate degrees, applied baccalaureates and graduate degrees. Dr. Reber led the development and approval of Clarion University’s first doctoral degree in nursing practice. Dr. Reber’s career also includes 18 years at Penn State Erie, The Behrend College, where he served as the Chief Development, University Relations and Alumni Relations Officer during a successful $50 million capital campaign; and as Chief Student Affairs Officer during a period of significant college growth.

Amy Lee Pacholk, MSN, AGNP, APRN, is a Critical Care Nurse in the Surgical Trauma ICU, an Executive Board Member for the New York State Public Employees Federation (PEF), the Council Leader for PEF Division 225, the Chair of PEF’s Statewide Nurses Committee, the Co-Chair of PEF’s SUNY Labor Management, a Member of PEF’s Article 44 Committee, and a Member of AFT’s Program and Policy Council. She is also an Adult Geriatric Nurse Practitioner, a Professor of Adult Health, a Clinical Instructor for Obstetrics, and a Lecturer on Neuro Trauma.

University of Florida: Court Overturns State Law Ban on the

Arbitration of Faculty Grievances

United Faculty of Florida v. Lamb, Case No. 1:24cv136-MW/MAF (N.D. Fla)

On March 20, 2026, United States District Court Judge Mark E. Walker issued an order granting summary judgment and a permanent injunction to United Faculty of Florida in its lawsuit challenging an amendment to Florida's pubic sector collective bargaining law that prohibited the arbitration of college faculty grievances challenging "personnel actions or decisions regarding faculty, including in the areas of evaluations, promotions, tenure, discipline, or termination." Fla. Stat.§1001.741(2).

In the order, District Judge Walker concluded that the state law ban on the arbitration of faculty grievances was preempted by the Federal Arbitration Act, 9 U.S.C. §2. An appeal of the court order is likely.       

Penn State University: Faculty Representation Election Scheduled

Pennsylvania State University, PLRB Case No. PERA-R-25-316-E

On March 6, 2026, the Pennsylvania Labor Relations Board (PLRB) issued an order scheduling a mail ballot election concerning a representation petition filed by SEIU Local 668 seeking to represent a unit of all full-time and regular part-time faculty of all ranks who conduct research, service, or teach for Pennsylvania State University. Among those excluded from the at-issue unit are department heads, department chairs, sports coaches, postdocs, and graduate student employees.

Ballots will be mailed by PLRB to eligible voters on April 1 and the ballots must be returned to the agency by May 6, 2026. The ballot count is scheduled for Mary 13, 14, and 15, 2026.

The following is the at-issue faculty unit at Pennsylvania State University:

Included: All full-time and regular part-time professional employes who are faculty of all ranks who do research, service, or instruction of credit bearing courses for the Pennsylvania State University at any University campus in Pennsylvania including but not limited to the following job categories: Professor, Associate Professor, Assistant Professor, Research Professor, Associate Research Professor, Assistant Research Professor,Teaching Professor, Associate Teaching Professor, Assistant Teaching Professor, Librarian, Associate Librarian, Assistant Librarian, Instructor, Lecturer, Researcher, Professor of Practice, Clinical Professor, Associate Clinical Professor, Assistant Clinical Professor, Visiting Professor, Associate Visiting Professor, Assistant Visiting Professor, Adjunct, Part-time Lecturer, and Part-time Instructor.

Excluded: All Chancellors, Vice Chancellors, Provosts, Associate Vice Provosts, Assistant Vice Provosts, Deans, Senior Associate Deans,, Associate Deans, Assistant Deans, Presidents, Vice Presidents, Associate Vice Presidents, Campus Chief Academic Officers, Directors of Academic Affairs, Department Heads, Department Chairs, Division Heads, Directors of Schools, Directors of Interdisciplinary Institutes, Academic Administrators and Head Librarians; faculty with a primary appointment at the College of Medicine; faculty with a primary appointment at the Applied Research Laboratory; Visiting Scholars, faculty at the Pennsylvania College of Technology; instructors who teach only non-credit bearing classes; faculty who teach primarily in any of the following: Continuing Education, Penn State Extension, Recreation, Penn State Outreach, Athletics, Science Outreach, or Academic Success; sports coaches; adult educators; tutors, camp instructors; undergraduate students; graduate students; professional employees whose primary appointment is staff, postdoctoral, or executive (administrator); guards; supervisors; managerial; and confidential employees as defined in the Act.

University of Southern California: NTT Faculty Election Scheduled

University of Southern California, NLRB Case No. 31-RC-356388

On March 20, 2026, NLRB Regional Director Danielle Pierce issued a Decision and Direction of Election concerning a petition filed by United Faculty-UAW seeking to represent a unit of approximately 2528 full-time and part-time non-tenure track faculty employed at the University of Southern California.

In her decision, Regional Director Pierce rejected the university's argument that the non-tenure track faculty were managerial pursuant to the Supreme Court's decision in NLRB v. Yeshiva University,.444 U.S. 672 (1980) and the analytical framework adopted by the NLRB in Pacific Lutheran University, 361 NLRB 1404 (2014). In addition, she rejected the university's claims that the at-issue faculty were supervisors and lacked a community of interest.

The Regional Director ordered that a manual representation election take place on two consecutive days during the week of April 13 or April 20, 2026, with one polling location located on the University Park Campus and one polling location located on the Health Sciences Campus. 

The following is a description of the at-issue non-tenure track faculty bargaining unit at the University of Southern California:

Included: All full-time, part-time and/or adjunct Research-track, Teaching-track,

Practitioner track, and/or Clinical-track faculty (collectively referred to as “RTPC

Faculty” and/or “Non- Tenure Track Faculty”) employed by the University of

Southern California in Los Angeles County.

Excluded: All tenured or tenure-track faculty; all faculty in the Keck School of

Medicine; all faculty employed at Children's Hospital Los Angeles; all part-time

and/or adjunct faculty in the USC School of Cinematic Arts; all visiting faculty;

all emeritus faculty; all RTPC faculty permanently employed outside Los Angeles

County; all non-faculty employees; and all managers, guards, and supervisors as

defined in the Act, as amended.

Amherst College: Undergraduate Employees Vote to Unionize

Amherst College, NLRB Case No. 01-RC-381144

On March 11, 2026, the National Labor Relations Board tallied the ballots in a representation election on a petition by the Amherst College Community Advisors Union to represent a unit of 61 undergraduate community advisors employed by Amherst College. The tally demonstrated the employees voted 39-0 for union representation.

The following is the description of the new undergraduate bargaining unit at Amherst College:

Included: All Community Advisors employed by the Employer at its Amherst, Massachusetts campus.

Excluded: All office clerical employees, administrative employees, confidential employees, managers, guards, professional employees and supervisors as defined in the Act.

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