for the S tudy of C ollective B argaining in 
H igher E ducation and the P rofessions
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November 2016
The National Center E-Note is a monthly electronic newsletter containing research and analysis relevant to unionization and collective bargaining in higher education and the professions.


7.     Columbia University: Election Ordered for Student Employees

 Register Now for National Center's 2017 Annual Conference 
Registration has begun for our 44th Annual Conference at the CUNY Graduate Center in New York City on March 26-28, 2017

You can register online or you can register by mail.

Early conference registration and hotel reservations are strongly encouraged.A2  
Plenary:  Impact of Anti-Intellectualism on the State of Higher Education
The National Center has organized a timely and relevant plenary session for the 2017 conference that will focus on the impact of anti-intellectualism on higher education. The panel will include: independent scholar Susan Jacoby, author of The Age of American Unreason and Freethinkers: A History of American Secularism; Lynn Pasquerella, President, Association of American Colleges and Universities; and Hank Reichman, AAUP Vice President. The moderator will be Frederick P. Schaffer, General Counsel and Senior Vice Chancellor for Legal Affairs, City University of New York.A3
Conference Keynote Speaker: NLRB Chairman Mark G. Pearce
The National Center is pleased to announce that NLRB Chairman Mark G. Pearce will be the keynote speaker at our 2017 annual conference.

Mark G. Pearce was named NLRB Chairman by President Barack Obama on August 27, 2011. Mr. Pearce was sworn in as a Board Member on April 07, 2010, following his recess appointment, and was confirmed by the Senate on June 22, 2010. On August 23, 2013 he was sworn in for a second term that expires on August 27, 2018. 

Chairman Pearce was a founding partner of the Buffalo, New York law firm of Creighton, Pearce, Johnsen & Giroux, where he practiced union and plaintiff side labor and employment law in courts and before administrative agencies.

Prior to his entry into private practice he was an attorney and District Trial Specialist in the NLRB's Buffalo NY Regional office. By appointment of the Governor of the State of New York, Mr. Pearce served on several commissions as well as the New York State Industrial Board of Appeals, where he ruled on appeals of wage and hour decisions of the NYS Department of Labor. He has taught at Cornell University's School of Industrial Labor Relations Extension, and is a Fellow in the College of Labor and Employment Lawyers. Chairman Pearce received his Juris Doctor from the University at Buffalo Law School of the State University of New York, and his Bachelors degree from Cornell University. A4
Graduate Student Employees After the NLRB's Columbia Univ. Decision 
The 2017 conference will include a panel discussion examining graduate student employees and collective bargaining following the NLRB's  Columbia University decision.  The  panel will include: Joseph W. Ambash, Fisher & Phillips, LLP; Daniel Julius, Senior Vice-President and Provost, New Jersey City University; Julie Kushner, UAW Region 9A Director; and Wilma Liebman, Visiting Scholar, Rutgers University and Former NLRB Chair.  Melissa Korn, reporter, Wall Street Journal will be moderating the panel.  It is anticipated that the presenters will be discussing the impact of the Trump Administration on the statutory associational rights of student employees at private colleges and universities. A5
Other Confirmed Panels and Workshops for the 2017 Annual Conference
NLRB 101: A Prima on National Labor Relations Board Procedures with Karen P. Fernbach, NLRB, Regional Director, Region 2, Kathy Drew King, NLRB Region Director, Region 29, John Walsh, NLRB Regional Director, Region 1,  and moderator James O. Castagnera, Associate Provost and Legal Counsel for Academic Affairs, Rider University.

Lincoln and Labor with panelist and moderator Harold Holzer, Jonathan F. Fanton Director, Roosevelt House Public Policy Institute, Hunter College, Edna G. Medford, Chair, Howard University Department of History, and James Oakes, Distinguished Professor, CUNY Graduate Center.

Envisioning the Faculty for the Twenty-First Century with Adrianna Kezar, Professor of Higher Education, University of Southern California, commentators Ian Robinson, President, Lecturers' Employee Organization, AFT, Local 6244, University of Michigan and Bonita Veysey, Professor and Vice Chancellor for Planning and Implementation, Rutgers School of Criminal Justice, and moderator Scott Jaschik, Editor, Inside Higher Ed.

Professional Development for Adjunct and Tenure-Track Faculty with Gail Mellow, President, LaGuardia Community College, CUNY and author of Taking College Teaching Seriously, Pedagogy Matters!: Fostering Student Success Through Faculty-Centered Practice Improvement, and commentator Gary Rhoades, Professor and Director, Center for the Study of Higher Education, University of Arizona. (panel in formation)

Student Debt: We Pay for What We Value with George A. Davison, Federation of Post-Secondary Educators of B.C. and National Union of the Canadian Association of University Teachers President, Stephen Katsinas, Director and Professor, University of Alabama Education Policy Center, Daniel Forster, Vice President of Enrollment Management, Washington College, and moderator Martha J. Kanter, Executive Director, Civic Nation.

International Perspectives on Collective Bargaining in Higher Education with Adekunle Theophilius Tinuoye, Chief Training and Manpower Development Officer, Michael Imoudu National Institute For Labour Studies, Kwara State, Nigeria, James Butler, Director, Faculty Bargaining Services, CAUBO, Lesley Burke-O'Flynn, Federation of Post-Secondary Educators of B.C., and moderator Sara Slinn, Associate Professor, Osgoode Hall Law School, York University.

Grievance Handling and Problem Solving with Faculty and Librarians with Eve Weinbaum, Associate Professor, Labor Center & Sociology Department, University of Massachusetts Amherst, Brandi Perri, Graduate Student, University of Massachusetts Amherst Sociology Department, and moderator Arlene King-Berry, Faculty Senate Chair, University of the District of Columbia.

Department Chairs' Perceptions of Union Membership on Academic Human Resource Decision Making with Leigh Settlemoir Dzwik, Assistant Dean, Oakland University School of Education and Human Services and moderator Arlene King-Berry, Faculty Senate Chair, University of the District of Columbia.

The Use of Mediation in Higher Education Contract Administration at Florida Gulf Coast University with Ronald Toll, Provost and Vice President of Academic Affairs, Elizabeth Elliott, President, UFF Chapter, David Steckler, Grievance Chair, UFF Chapter, and Tony Barringer, Associate Provost/Associate Vice President for Academic Affairs, and moderator Kevin Flanigan, Director of Conciliation, New York State Public Employment Relations Board.

Shared Governance and Collective Bargaining: The Line Between with Rene Castro, Assistant Vice Chancellor, Employee and Labor Relations, California State University System, Michael Mauer, Senior Labor Advisor, AAUP Department of Organizing and Services, Joseph Fuxa, Labor Relations Manager, Eastern Washington University, Christine Miller, Chair, Academic Senate of California State University, and moderator Jeffrey Cross, Associate Vice President for Academic Affairs, Eastern Illinois University.

Contingent Faculty Participation in Shared Governance with John D. Vander Weg, Associate Provost for Academic Personnel Wayne State University, Thomas Anderson, Vice President and lead negotiator, UPTF-AFT, Wayne State University, Karen Thompson, Part-time Lecturer, Rutgers University and Senator for New Brunswick Part-Time Lecturers, Carl Levine, Levy Ratner, P.C., and moderator Theodore Curry, Associate Provost, Associate Vice President, Academic Human Resources; Professor, School of Human Resources and Labor Relations, Michigan State University.

Unionization and the Development of Policies for Non-Tenure Track Faculty: A Comparative Study of Research Universities with Karen Halverson Cross, Professor of Law, The John Marshall Law School, and commentators  Risa Lieberwitz, Professor, Labor and Employment Law, Cornell ILR, AAUP General Counsel and Lacey Wootton, Hurst Senior Professorial Lecturer, American University. (panel in formation) 

Addressing Contemporary Community College Labor-Management Issues with Sergio Guzman, President, Rio Hondo College Faculty Association/CCA/CTA/NEA, Teresa Dreyfuss, Superintendent/President, Rio Hondo College, Mary Ann Pacheco, President, Rio Hondo College Board of Trustees, and Lynette Nyaggah, President, Community College Association/CTA/NEA.

Overtime Compensation and Pay Equity in Higher Education with John S. Ho, Cozen O'Connor, Rosemary DiSavino, EEOC Senior Trial Attorney, John Swarbrick, Associate Vice Chancellor, Senior Labor Relations Advisor and Chief Negotiator, California State University System, and Maria Maisto, New Faculty Majority President. (panel in formation)

The Economics and Effect of College Sports on Campus with Chancellor Richard L. Edwards, Rutgers University-New Brunswick, Gilbert M. Gaul, author of Billion-Dollar Ball, and Saranna Thornton, Professor of Economics, Hampden-Sydney College, and moderator Michael Powell, NY Times reporter. 

The Role of Endowments in Financing Higher Education with Kenneth Redd, Director, Research and Policy Analysis, NACUBO, Elizabeth Parisian, Assistant Director, Research and Strategic Initiatives, AFT, and moderator Danielle Douglas-Gabriel, Reporter, The Washington Post. (panel in formation)

Legal Issues in Higher Education: Annual Review of Court and Administrative Developments with Richard F. Griffin, NLRB General Counsel, John Wirenius, NYS Public Employment Relations Board Chairperson, Aaron Nisenson, AAUP, Kristin Klein Wheaton, Goldberg Segalla, and moderator Juditra Burgess, Boston University Director, Labor Relations.

Confirmed Interactive Workshop Trainings on Sunday, March 26, 2017

Special Workshop Training on Unionization and Collective Bargaining for Administrators with Nicholas DiGiovanni, Morgan, Brown & Joy, LLP, Karen Stubaus, Vice President, Academic Affairs & Administration, Rutgers University, and Margaret E. Winters, Wayne State University.

Special Workshop Training on Unionization and Collective Bargaining for Academic Labor with David Cecil, United Academics, AFT-AAUP Executive Director, University of Oregon, Deborah Williams, NEA Faculty Association President and Lead Negotiator, Johnson County Community College, Larry Alcoff, SEIU, and moderator and facilitator, Phadra Williams, NEA.

Workshop Training on Financial Data Analysis with Howard Bunsis, Chair, AAUP Collective Bargaining Congress, Professor, Accounting, Eastern Michigan University, Bradley Wells, California State University Associate Vice Chancellor for Business & Finance, and moderator Jeffery Frumkin, Associate Vice Provost and Senior Director, Academic Human Resources, University of Michigan.

Workshop Training on Interest Based Bargaining in Higher Education with Shelly Chabon, Vice Provost Academic Personnel and Leadership Development, Portland State University, Janet Gillman, State Conciliator, Oregon Employment Relations Board Conciliation Services, Pam Miller, Immediate Past President PSU-AAUP, Leanne Serbulo, Former Vice President Collective Bargaining and Current Bargaining Team Member, PSU-AAUP and Phil Lesch, Executive Director, PSU-AAUP, and moderator Liesl K. Zwicklbauer, Assistant Vice Chancellor for Employee Relations, State University of New York.A6
Harvard College: Graduate Student Employees Vote on Unionization
President and Fellows of Harvard College, NLRB  Case No. 01-RC-186442

On November 16 and 17, 2016, NLRB Region 1 conducted an on-site election concerning a representation petition filed by the UAW seeking to be certified as the exclusive representative of a bargaining  unit of graduate student employees at Harvard College.  The tally of ballots cast by the graduate student employees has not yet been announced

The following is the agreed-upon unit at Harvard College:

Included:  All students enrolled in Harvard degree programs employed by the Employer who provide instructional services at Harvard University, including graduate and undergraduate Teaching Fellows (teaching assistants, teaching fellows, course assistants); and all students enrolled in Harvard degree programs (other than undergraduate students at Harvard College) employed by the Employer who serve as Research Assistants (regardless of funding sources, including those compensated through Training Grants). This unit includes students employed by Harvard University and enrolled in the Harvard Graduate School of Arts and Sciences, Harvard Business School, the Division of Continuing Education, Harvard Graduate School of Design; Harvard Graduate School of Education, the Harvard John A. Paulson School of Engineering and Applied Sciences, the John F. Kennedy School of Government at Harvard University, Harvard Law School, Harvard Divinity School, Harvard Medical School, the Harvard T.H. Chan School of Public Health, and Harvard College who were employed by the Employer during the payroll period ending October 15, 2016.

Excluded: All undergraduate students serving as research assistants, and all other employees, guards and supervisors as defined in the Act. A7 
Columbia University: Election Ordered for Student Employees
Columbia University, NLRB Case No. 02-RC-143012

On October 31, 2016, NLRB Region 2 Director Karen P. Fernbach issued a supplemental decision and order scheduling an election concerning the representation petition filed by the UAW seeking to be certified as the exclusive representation of graduate and undergraduate student employees at Columbia University.  

The on-site election will be held on December 7 and 8, 2016 at four locations.  The following is the at-issue bargaining unit: 

Included: All student employees who provide instructional services, including graduate and undergraduate Teaching Assistants (Teaching Assistants, Teaching Fellows, Preceptors, Course Assistants, Readers and Graders): All Graduate Research Assistants (including those compensated through Training Grants) and All Departmental Research Assistants employed by the Employer at all of its facilities, including Morningside Heights, Health Sciences, Lamont-Doherty and Nevis facilities.

Excluded: All other employees, guards, and professional employees and supervisors as defined in the Act.

In her decision, Region Director Fernbach determined the following voting eligibility formula for the election.  All unit employees who:
(1) hold an appointment or a training grant in a unit position in the fall semester 2016; or (2) are course assistants, graders or readers who are on the casual payroll and who worked 15 hours per week or more in a unit position in the fall semester 2016; or
(3) have held a unit position for either the fall, spring or summer during the prior academic year. A8 
Duke University: SEIU Files to Represent Graduate Student Employees   
Duke University, NLRB Case No.10-RC-187957    

On November 10, 2016, SEIU filed a petition seeking to represent approximately 2,500 graduate student employees at Duke University.  Earlier this year, SEIU was certified to represent a bargaining unit of adjunct faculty at Duke.

The hearing on SEIU's petition concerning the graduate student employees at Duke University was scheduled to commence on November 21, 2016.  However, the NLRB Board issued an order rescheduling the hearing for November 28, 2016.

The following is the proposed unit sought in the recently filed SEIU representation petition:

Included: All PhD and Masters students in Duke University departments housed at Duke's campuses in Durham and Beaufort, North Carolina, who are working toward degrees offered by the Duke Graduate School and who are employed by Duke University to provide instructional services in undergraduate or graduate-level courses or labs (including, but not limited to, Teaching Assistants, Graduate Assistants, Laboratory Assistants, Teaching Apprentices, Instructors, Graders, Preceptors, Section Leaders, and Tutors) or to provide research services (including, but not limited to, Research Assistants and Graduate Assistants).

Excluded: All students at Duke Kunshan University and Duke-NUS Medical School; all students not working toward degrees offered by the Duke Graduate School; and all other employees, guards, and supervisors as defined by the Act. A9
Princeton University: Graduate Student Employees Affiliate with AFT
The AFT has announced that members of the P rinceton Graduate Students United voted to affiliate with the AFT and its state affiliate, AFT New Jersey. A10
University of Hartford: SEIU Files to Represent an Adjunct Unit
University of Hartford, NLRB Case No. 01-RC-187989

On November 10, 2016, SEIU filed a petition seeking to represent approximately 500 adjunct faculty at the University of Hartford.

The following is the proposed unit sought in the recently filed representation petition:

Included: Adjunct, Adjunct Professor, Adjunct Instructor, Instructor, Hartt Faculty, Community Division Faculty, Visiting Assistant Professor, Coordinator, Senior Artist Teacher, Visiting Professor, Vocal Coach, Artist, Assistant Conductor, Conductor, G3 Contracts Teaching at HPAC Mort and Irma Handel Performing Arts Center.

Excluded: Assistant Professors, Associate Professors, Directors, Online only.  Those at the Middle School and High School, University of Hartford Magnet School, University High School of Science and Engineering faculty, Tenure Track.A11
Hillsborough Community College: Adjunct Faculty Scheduled to Vote
Hillsborough Community College Board of Trustees, FPERC Case No. EL-2016-028

A mail-ballot election is scheduled concerning a representation petition by SEIU seeking to be certified as the exclusive representative of approximately 600 part-time adjunct faculty employed by Hillsborough Community College in Florida.  The ballots are scheduled to be tallied at the offices of the Florida Public Employees Relations Commission in Tallahassee on November 23, 2016, at 10:00 a.m. 

The following is the description of the at-issue adjunct faculty unit:

Included: All part-time adjunct faculty employed by Hillsborough Community College (HCC) at its campuses (including Ybor, Brandon, Dale Mabry, Southshore, Plant City, The Regent, Tampa Electric Company Center, and MacDili Air Force Base Center, and locations established in the future) currently teaching at least one college-credit-bearing course (including hybrid and blended courses, online courses, and dual enrollment courses) and who are compensated on a per point basis by HCC, including any employee who meets these criteria and who also works for HCC in another capacity unless expressly excluded.

Excluded: All tenured and tenure-track faculty, full-time faculty, visiting or contract faculty, academic advisors, deans, assistants to deans, provosts, coordinators, directors, dual enrollment adjuncts paid by Hillsborough County School Board, employees covered by an existing collective bargaining agreement (professional staff, non-instructional staff, supervisory staff, full-time faculty), administrators, accountants, IT technicians, counselors, athletic coaches, substitute faculty, faculty teaching Postsecondary Adult Vocational Programs (PSAV) certificate credit courses or non-degree granting courses, managerial, confidential employees, guards, and supervisors as defined by the Act.A12
Marist College: Adjunct Faculty Vote Against Union Representation
Marist College, NLRB Case No. 03-RC-127374
On October 31, 2016, the NLRB conducted a tally of mail ballots in a representation election involving approximately 549 adjunct faculty at Marist College in New York's Hudson Valley. The election was held after an earlier election was set aside by the NLRB. The vote in the recent election was 177 against union representation and 167 in favor, with 62 challenged ballots, and 8 ballots voided.  

NLRB Region 3 has scheduled a hearing on the challenged ballots for December 1, 2016.   

The following is the description of the at-issue unit:
All adjunct faculty employed by the Employer who teach undergraduate and/or graduate level courses, who teach in the classroom and/or online, and who teach courses at either the Employer's Poughkeepsie, New York campus or its Fishkill, New York campus, and Student Teaching Supervisors; but excluding all other faculty, tenured and tenure eligible faculty, full-time faculty and faculty who only teach in the classroom at locations other than the Poughkeepsie Campus or the Fishkill Campus, administrators, coaches, librarians, directors, managers, guards, supervisors and professional employees as defined in the Act, and all other employees whether or not they have teaching responsibilities.   A13  
Florida Polytechnic Univ. Board of Trustees: Faculty Vote to Unionize
Florida Polytechnic University Board of Trustees, FPERC Case No. R-2016-005

On October 11, 2016, the Florida Public Employees Relations Commission tallied the ballots concerning a petition by United Faculty of Florida seeking to be the exclusive representative of a unit of 50 faculty at Florida Polytechnic University Board of Trustees.  According to the  tally of ballots, 38 faculty members voted in favor of union representation and 6 voted against.

The following is the at-issue faculty bargaining unit:

Included: All full-time employees of the Florida Polytechnic University Board of Trustees in the lower division classifications of professor, assistant professor, associate professor, assistant librarian, wellness counselor, and academic program coordinator.

Excluded: All other employees of the Florida Polytechnic University Board of Trustees, including those in the following classifications: Director and executive director, including director-Florida Industrial and Phosphate Research Beneficiation and Mining Program and director-Reclamation Program, temporary faculty, adjunct faculty, visiting faculty, provisional faculty, affiliate faculty, ombudsperson, laboratory technician, academic advisor, tutor, admissions counselor, campus fitness and recreation coordinator, vice-president and chief information officer, head librarian, graduate assistant, and academic success coach.A14
Community College System of NH: Decertification Petition Withdrawn 
Community College System of New Hampshire, NHPELRB Case No. E-0165-2

An October 11, 2016 petition by the New Hampshire Higher Education Union seeking to decertify the State Employees' Association of New Hampshire, SEIU Local 1984 as the exclusive representative of community college faculty was withdrawn on November 9, 2016. The petition was withdrawn after the New Hampshire Employee Labor Relations Board ruled that the petition was not subject to a contract bar because the most recent collective bargaining agreement had expired on June 30, 2015, and the at-issue petition was filed over a year after the expiration.

The following is the composition of the at-issue unit:

Included: Community College Instructor, Community College Assistant Professor, Community College Associate Professor, and Community College Professor.

Excluded: All positions in the Certification of Representative and Order to negotiate, PELRB Decision No. 2011-74; all positions listed in the Certification of Representative and Order to Negotiate, PELRB Decision No. 2010-210; and supervisory and other positions excluded as a matter of law. A15
Dartmouth College: Two Non-Faculty Units Vote in Favor of Unionization
Dartmouth College, NLRB Case Nos. 01-RC-187421 and 01-RC-187206

SEIU has filed a representation petition seeking to represent a unit of 2 special services coordinators at Dartmouth College, and a separate petition concerning 2 parking monitors.A16
In two separate elections on November 15, 2016, the special services coordinators
voted in favor of union representation by SEIU, and so did the parking monitors.
Green River College: ULP Dismissed by Agency Examiner
Green River College, WPERC Case No. 127797-U-15
On October 10, 2016, Washington Public Employment Relations Commission Examiner Jamie L. Siegel issued a decision dismissing an unfair labor practice complaint filed by the Green River United Faculty Coalition. The complaint alleged that the college had violated its duty to bargain in good faith when it announced its decision to replace a negotiated Program Assessment and Improvement process in the parties' expired agreement with a new Program Prioritization Process.

Examiner Siegel's decision concluded, inter alia, that the union had failed to demonstrate that the new process was a mandatory subject because there was insufficient "
evidence to establish that employee involvement in the collection and analysis of the data, whether voluntary or not, sufficiently impacted terms and conditions of employment to tip the scale and make implementation of the [process] a mandatory subject of bargaining." A17
The Journal of Collective Bargaining in the Academy

Journal of CBA Logo  
The Journal of Collective Bargaining in the Academy (JCBA) is the National Center's peer review journal co-edited by Jeffrey Cross, Associate Vice President for Academic Affairs, Eastern Illinois University, and Steve Hicks, Associate Professor of English, Lock Haven University of Pennsylvania.  The most recent volume of JCBA is available here.
We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor representation, labor relations, and labor history to submit articles for potential publication in future JCBA volumes. 
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