NATIONAL CENTER
for the S tudy of C ollective B argaining in 
H igher E ducation and the P rofessions
E-Note
  
 
   
 
Follow us on Twitter @HigherEd_CB for news from around the country
                                                                                                 November, 2018
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.

1.    Early Registration is Open for 46th Annual National Conference 

2.    Columbia University: A Framework for Bargaining Reached 

3.    Columbia University: Review Sought in Post-Docs Representation Case

4.    University of Washington: Cancer Center Intervention in Post-Docs Case Denied

5.    Lake-Sumter State College: Program Managers Vote for Representation

6.    Georgetown University: Graduate Assistants Vote for Representation

7.    Brown University: Graduate Assistants Vote for AFT Representation 

8.    New School: Contract Reached with Graduate Student Employee Union

9.    Grinnell College: Student Workers Vote for Union Representation  
    
10.   University of Chicago: Refusal to Bargain with Library Student Union

11.   Northeastern University: Petition for Full-Time NTT Faculty Withdrawn



15.   United Association for Labor Education-2019 Conference in Philadelphia 

18.   Announcement: Wertheim Fund Labor Law Academic Fellowships

19.   Job Posting: Work and Family Researchers Network Executive Officer

20.   Job Posting: UMass History Department and Labor Studies Program

Early Registration is Open for 46th Annual National Conference 
Conference Theme
COLLECTIVE BARGAINING AFTER JANUS  
Keynote Speaker: Paul Krugman

Photo Credit:
Fred R. Conrad/
The New York Times.
Paul Krugman is best known to the general public as an opinion columnist for The New York Times, a position he's held since 2000.

In his academic life, Krugman is a Distinguished Professor in Economics at the City University of New York (CUNY) Graduate Center, a core faculty member at the Stone Center on Socio-Economic Inequality, and Luxembourg Income Study (LIS) Senior Scholar.

Krugman was the sole recipient of the Nobel Prize in Economic Sciences in 2008 for his work on international trade theory and the geographic distribution of economic activity. In addition to the Nobel, in 1991 Krugman received the John Bates  Clark Medal from the American Economic Association, an award given every two years to a top economist under the age of 40. The King of Spain presented him with the Asturias Award in 2004, considered the European Pulitzer Prize.

Krugman is Professor Emeritus of Princeton University's Woodrow Wilson School, from which he retired in 2015. He has served on the faculties of MIT, Yale and Stanford. He is a Fellow of the Econometric Society and a member of the Group of Thirty. He has served as a consultant to the Federal Reserve Bank of New York, the World Bank, the International Monetary Fund, the United Nations, as well as to foreign countries including Japan, Portugal and the Philippines.

He has been a contributor to ABC-TV's "This Week" with George Stephanopoulos and appears on Bloomberg Television, Business Insider, NPR and CNN, to name just a few.

Author of 27 books and over 200 published professional articles, Krugman has written for non-economists as well. Before joining the staff of The New York Times, his work appeared in Fortune, Slate, Harvard Business Review, Foreign Policy, The New Republic and Newsweek.

Krugman's approach to economics is reaching a new generation of college students. He and his wife Robin Wells have coauthored college textbooks on Micro and Macroeconomics that rank in the top-selling economics textbooks used in American colleges today.

Registration Information
Early Registration Ends December 28, 2018
Click here for Online Registration
Early Bird Special-$310: includes one conference registration with admission to all event activities and additional attendee(s) for a discounted rate of $238. The special rate ends on December 28, 2018.

Regular Conference Rate-$398: includes one conference registration with admission to all event activities and additional attendee(s) for a discounted rate of $238. Regular rate begins on December 29, 2018.

Single Conference Rate-$356: includes one conference registration with admission to all event activities. Single conference rate begins on December 29, 2018.

Special Conference Registration Rates for adjunct faculty, post-doctoral scholars, graduate and undergraduate student employees, CUNY faculty, staff, and students. For promo codes, contact the National Center.

To pay by check, access the 2019 Conference Registration Form and mail it with your payment to the National Center.

Click here for: Hotel Registration Information and the map of conference locations.

Confirmed Presentations, Panels, and Workshops   
 
                                      Presentations and Panel s  
 
Plenary Presentation: The History of Right to Work from the First Gilded Age to Janus  with Cedric de Leon, Director and Associate Professor, UMass Amherst Labor Center, Elizabeth Tandy Shermer, Assistant Professor, Loyola University Chicago, Chad E. Pearson, Professor of History, Collin College, and Sophia Z. Lee, Professor of Law and History, University of Pennsylvania Law School, Moderator and Presenter.
The Economic Impact of Right to Work (panel in formation) with Fred Floss, Professor and Chair, Department of Economics and Finance, SUNY Buffalo State University and Fiscal Policy Institute Senior Fellow, Heidi Shierholz, Senior Economist and Director of Policy, Economic Policy Institute, and Cherrie Nicole Bucknor, Ph.D Student, Harvard University.
Community Colleges, Collective Bargaining, and Right to Work with Deborah Williams, NEA Faculty Association President and Lead Negotiator, Johnson County Community College, Terry Calaway, former President, Johnson County Community College, Lee Cross,Trustee, Johnson County Community College, Martin Balinsky, Vice President and Chief Negotiator, United Faculty of Florida-Tallahassee Community College, and DeWayne Sheaffer, President, NEA National Council for Higher Education, Moderator.
Mending Fences and Building Bridges: A Labor-Management Dialogue on Cultural and Institutional Change with Daniel Greenstein, Chancellor, Pennsylvania State System of Higher Education, Kenneth Mash, President, Association of Pennsylvania State College and University Faculties, and Scott Jaschik, Inside Higher Ed, Moderator.
 
The Adjunct Faculty Experience: Is What We "Know" Correct? (panel in formation) with David P. Richardson, Managing Director of Research, TIAA Institute, Paul Yakoboski, Senior Economist, TIAA Institute, and Maria Maisto, New Faculty Majority, Commentator.
 
Reaching First Graduate Student Employee Contracts at Brandeis and Tufts with Lisa Lynch, Provost, Brandeis University, Matt Dauphin, Higher Education Coordinator, SEIU Local 509, Lili Palacios-Baldwin, Associate General Counsel, Tufts University, Desiree Murphy, Morgan, Brown & Joy, LLP, and Vimal Patel, Chronicle of Higher Education, Moderator.
 
Bargaining for the Common Good in Higher Education with Malini Cadambi Daniel, SEIU Director for Higher Education, Daniel J. Julius, Senior Vice President and Provost, New Jersey City University, Barry Miller, Senior Policy Advisor on Labour Relations, York University, Liz Perlman, Executive Director, AFSCME, University of California Employees, Gary Rhoades, Professor and Director, Center for the Study of Higher Education, University of Arizona, and Marilyn Sneiderman, Professor and Director, Center for Innovation in Worker Organization, Rutgers University School of Management and Labor Relations, Moderator.
Book Session: Henry Reichman, The Future of Academic Freedom (Johns Hopkins University Press, March 2019) (panel in formation), with Kent D. Syverud, Chancellor and President, Syracuse University, Jennifer Eagan, President, California Faculty Association, Lili Palacios-Baldwin, Associate General Counsel, Tufts University, and Henry Reichman, Chair, AAUP Committee on Academic Freedom and Tenure.
Investigating and Handling Employee Discipline with Letitia F. Silas, Associate General Counsel for Labor Relations, Howard University, Joshua D. Nadreau, Fisher Phillips, Kathy Sheffield, Director of Representation, California Faculty Association, and Pat Domaratz, Labor Relations Specialist, UUP.
Arbitrators' Perspectives on the Handling of Disciplinary Issues with Homer C. La Rue, Labor Arbitrator, Mediator, and Professor of Law, Howard University School of Law, Haydeé Rosario, Labor Arbitrator and Mediator, John Woods, Labor Arbitrator, Mediator, and Ombuds, and Sarah Miller Espinosa, Labor Arbitrator, Mediator, and Ombuds, Moderator.
Racial and Economic Equity in Higher Education with Sara Goldrick-Rab, Professor, Higher Education Policy & Sociology, Temple University, Catharine Bond Hill, Managing Director, Ithaka S+R, Mark Huelsman, Associate Director, Policy & Research, Demos, and Sameer Gadkaree, Senior Program Officer, Joyce Foundation, Moderator.
 
Challenges and Opportunities of the Metro-Strategy in a Post-Janus World (panel in formation) with John C. Cavanaugh, President & CEO, Consortium of Universities of the Washington Metropolitan Area, Anne McLeer, PhD, Director of Higher Education, SEIU Local 500, and Patricia McGuire, President, Trinity Washington University. 
 
Peer-Based Faculty Evaluation v. Student Evaluation of Teaching with Leah Akins, Professor of Engineering and Technology, Dutchess Community College, Laura Murphy, Professor of History, Dutchess Community College, Henry Hornstein, Department of Business and Economics, Algoma University, Sarah Zeller-Berkman, Academic Director, Youth Studies Program and Director of Intergenerational Change Initiative, CUNY School of Professional Studies and Director, Youth Studies Initiatives, John F. Kennedy, Jr. Institute for Worker Education, and Alexandra Matish, Associate Director, Academic Human Resources, University of Michigan, Moderator.
 
Title IX Revisited with John T. Rose, Dean of Diversity, Hunter College, CUNY, Rana M. Jaleel, Assistant Professor in Gender, Sexuality, and Women's Studies, University of California, Davis, Donna E. Young, President William McKinley Distinguished Professor of Law and Public Policy, Albany Law School, and Risa Lieberwitz, Professor of Labor and Employment Law, Cornell ILR, and AAUP General Counsel, Moderator.
 
Sexual Harassment in Higher Education: Understanding Root Causes and Developing Labor-Management Solutions with Ana Avendaño, Vice President for Labor Engagement, United Way,  Eve Weinbaum, Professor University of Massachusetts, Labor Center Amherst, Janet Elie Faulkner, Faulkner Legal,   and Liesl Zwicklbauer, Associate Vice Chancellor for Employee Relations, SUNY, Moderator.
 
Faculty Compensation in Public Higher Education with Stephen G. Katsinas, Professor, Higher Education and Political Science, Director, Education Policy Center, at the University Alabama and Nathaniel J. Bray, Professor, Higher Education Administration and Associate Director, Education Policy Center at the University of Alabama;  Jacob Trull, Stephanie Paul and Michael Malley, Graduate Students, Education Policy Center at the University of Alabama; and Jacob Apkarian, Assistant Professor of Sociology, York College, CUNY, Moderator.
 
Transformational Bargaining: How the Lecturers' Union at the University of Michigan Built Sufficient Power to Dramatically Improve Member Compensation with Ian Robinson, President, Lecturers' Employee Organization, AFT, Local 6244, University of Michigan, Kirsten Herold, Vice-President, Lecturers' Employee Organization, AFT, Local 6244, University of Michigan, Michael Eagen, Associate Provost for Academic Personnel, University of Massachusetts, Commentator, Theodore Curry, Associate Provost, Associate VP, Michigan State University, Commentator, and David Cecil, Executive Director, United Academics, AFT-AAUP, University of Oregon, Moderator.
 
Conflict and Cooperation in the Neoliberal University: The Impact of Changing Labour Processes on Canadian Universities with Stephanie Ross, Associate Professor, School of Labour Studies, McMaster University, Hamilton, Ontario, Canada, Larry Savage, Professor, Department of Labour Studies, Brock University, St. Catharines, Ontario, Canada, David Robinson, Executive Director, Canadian Association of University Teachers, Commentator, and Sara Slinn, Associate Dean (Research and Institutional Relations) & Associate Professor, Osgoode Hall Law School, York University, Commentator.

Legal Issues in Higher Education: Annual Review of Court and Administrative Developments with Natasha Baker, Hirschfeld Kraemer LLP, Beth Margolis, Gladstein Reif & Meginniss, Aaron Nisenson, Senior Counsel, AAUP, and Michael Loconto, College Counsel, Curry College, Moderator.
 
   Workshops  
 
Workshop for Administrators: Collective Bargaining and Contract Implementation 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.
 
Workshop for Academic Labor: Membership Mobilization and Collective Bargaining in an Open Shop Environment (workshop in formation) with Penny Lewis, Associate Professor of Labor Studies, CUNY School of Labor and Urban Studies and PSC Vice President Senior Colleges, Thomas Auxter, former President, United Faculty of Florida.
 
Workshop: Bargaining Over Health Insurance in Higher Education  with Larry Singer, Senior Vice President, Segal Consulting, Joel Solomon, Senior Policy Analyst, NEA, Earl Redding, Roemer Wallens Gold & Mineaux LLP, and Debbie Bell, Executive Director, PSC, Moderator.  
 
Workshop: Discovering My Leadership Voice (workshop in formation)
SUNY SAIL Institute Facilitator
Workshop: Assertive Communications: Leading Difficult Conversations on Campus (workshop in formation) SUNY SAIL Institute Facilitator
We will be providing updates concerning other confirmed panels and workshops in the upcoming monthly newsletters and on our website.

Major support for the conference is provided by:  Additional funding is provided by:  
    R2 
Columbia University: A Framework for Bargaining Reached 
On November 19, 2018, Columbia University announced that it had reached a tentative agreement with the UAW establishing a framework for collective bargaining concerning the bargaining unit of student assistants and the bargaining unit for post-doctoral scholars.  The tentative agreement was subject to ratification by members of the GWC-UAW and CPW-UAW bargaining units

According to a media report, the Columbia University-UAW framework was approved by a 1,035-720 vote of the GWC-UAW unit membership.  The CPW-UAW membership approved the framework by a vote of 450-25.  Prior to the ratification, the tentative agreement had been the subject of criticism over the process utilized to reach the tentative agreement and the fact that the framework includes a no-strike pledge.

As a result of the ratification, Columbia University joins Harvard, Brown, Tufts, Georgetown, Brandeis, the New School, NYU, and the SUNY Reserach Foundation in recognizing and bargaining with a union representing student employees in the private sector.  In addition, Columbia University joins public institutions such as the University of California and Rutgers University in recognizing and bargaining with a union representing post-doctoral scholars.

The following are the terms of the Columbia University-UAW  framework agreement:

Mutually Agreed Terms

(1) The Graduate Workers of Columbia-UAW (GWC-UAW) and Columbia Postdoctoral Workers of Columbia-UAW (CPW-UAW) and Columbia have agreed to negotiate in good faith toward initial collective bargaining agreements covering student Teaching and Research Assistants and Postdoctoral Fellows (and related employees).

(2) Columbia will recognize the Graduate Workers of Columbia-UAW (GWC-UAW) and the Columbia Postdoctoral Workers-UAW (CPW-UAW) as the exclusive bargaining representatives on rates of pay, wages, hours of employment and other conditions of employment for the individuals included in the two respective NLRB-certified bargaining units.

(3) The GWC-UAW and CPW-UAW agree that any collective bargaining agreement to be negotiated with Columbia must not infringe upon the integrity of Columbia's academic decision-making or Columbia's exclusive right to manage the institution consistent with its educational and research mission.

(4) The GWC-UAW and CPW-UAW and Columbia agree that any grievance and arbitration processes contained in any collective bargaining agreement must accord deference to Columbia's right to control academic concerns and issues.

(5) The GWC-UAW and CPW-UAW agree that Columbia must maintain the integrity of its Equal Opportunity and Affirmative Action (EOAA) processes, regardless of any collective bargaining agreement. The GWC-UAW and CPW-UAW and Columbia also recognize that the unions can play a constructive role in advocating for or representing survivors of sexual assault and harassment and other forms of discrimination and may negotiate for additional procedures available to members of the bargaining units, provided they do not undermine the integrity or conflict with the University's processes.

(6) The GWC-UAW and CPW-UAW and Columbia also agree that while the Unions will serve as exclusive bargaining agent for individuals in the bargaining units on matters of rates of pay, wages, hours of employment and other conditions of employment, elected student councils, associations and societies (such as the Postdoctoral Society) will continue to serve as representatives of their constituencies on academic and governance issues.

(7) Columbia and the GWC-UAW and CPW-UAW will commence bargaining on contracts covering student assistant and postdoctoral researcher bargaining units no later than February 25, 2019.

(8) Columbia and the GWC-UAW and CPW-UAW agree that this framework is intended to promote good-faith bargaining toward initial contracts. To that end, the GWC-UAW and CPW-UAW, on behalf of its members, agents and affiliated entities, agrees that it and they shall not authorize or condone any strike, sympathy strike, work stoppage, slowdown, or other interference with Columbia's operations by employees covered by this Agreement until April 6, 2020 at the earliest.

(9) This framework will go into effect if it is accepted by the GWC-UAW and CPW-UAW no later than Wednesday, November 28, 2018, after which it will be considered null and void. Within three business days of acceptance, Columbia will withdraw its request for review in the postdoctoral case pending before the NLRB and recognize both certified units referenced in paragraph 2.

(10) By agreeing to this Framework Agreement, neither Columbia nor the GWC-UAW nor CPW-UAW alters in any way or waives any existing right or positions under applicable law, nor will either assert against the other a claim that such action constitutes a waiver of any existing right or position.  R3
Columbia University: Review Sought in Post-Docs Representation Case
Columbia University, NLRB Case No. 02-RC-225405

On October 26, 2018, Columbia University filed a Request for Review of the decision by the NLRB Region Director concerning a representation petition filed by the UAW to represent a unit of post-doctoral scholars.  Following the Regional Director's decision, an election was conducted.  The October 4, 2018 tally of ballots showed that 729 post-doctoral scholars voted in favor of representation and 339 vote against, in a bargaining unit of 2,067.

As a result of the election, the UAW was certified on October 12, 2018 to represent the following bargaining unit at Columbia University:

Included: All postdoctoral researchers who have received a doctorate or its professional equivalent who provide services to Columbia University, including Postdoctoral Research Scientists, Postdoctoral Research Scholars, Postdoctoral Research Fellows, Associate Research Scientists, and Associate Research Scholars. 
 
Excluded: All other employees, including Postdoctoral Clinical Fellows and Postdoctoral Residency Fellows, guards and supervisors as defined in the Act.

In its Request for Review, Columbia University sought to have the National Labor Relations Board (NLRB) reconsider and reverse the decision in Columbia University, 364 NLRB No. 90 (2016), which determined that student assistants were employees for purposes of the National Labor Relations Act (NLRA).  It further argued that the NLRB should reverse the Regional Director's decision finding that Postdoctoral Research Scientists, Postdoctoral Research Scholars, and Postdoctoral Research Fellows are employees under the NLRA, and that they share a community of interest with Associate Research Scientists and Associate Research Scholars.

Consistent with the ratified Columbia University-UAW framework agreement, however, the university is obligated to withdraw its Request for Review.   R4
University of Washington: Intervention in Post-Docs Case Denied
University of Washington, WPERC Case No. 129731-E-17

On May 22, 2018, the Washington Public Employment Relations Commission (WPERC) issued an interim certification of the UAW to represent a bargaining unit of post-doctoral scholars in the titles of senior fellows, senior fellow trainees, research associates, and research associate trainees.  The case was remanded to determine the eligibility of certain employees to be in the new bargaining unit.

Thereafter, the Hutchinson Cancer Research Center (HCRC) filed a motion seeking intervention in the representation case contending that it is the employer of 28 of the post-doctoral scholars and that WPERC lacks jurisdiction over the center.  On November 1, 2018, WPERC issued a decision denying the intervention motion but permitted HCRC to make a special appearance in the case to argue its employer status and the agency's alleged lack of jurisdiction. R5
Lake-Sumter State College: Program Managers Vote for Representation
Lake-Sumter State College, FPERC Case No. EL-2018-023

On November 8, 2018, the Florida Public Employees Relations Commission tallied the ballots in a representation election concerning a representation petition by United Faculty of Florida (UFF) seeking to represent a small unit of program managers working for Lake-Sumter State College. The tally demonstrated that in a unit of 5 employees, 4 voted in favor of UFF representation, and one voted against.  In October 2018, UFF was certified to represent a combined unit of faculty, librarians and other professionals.  R6
Georgetown University: Graduate Assistants Vote for Representation
An election was recently conducted by the American Arbitration Association to determine whether a majority of graduate assistants at Georgetown University seek union representation by the Georgetown Alliance of Graduate Employees, American Federation of Teachers (GAGE-AFT). The election was conducted pursuant to an agreement reached earlier this year between the university and GAGE-AFT for a non-NLRB representation election.

According to a media report, the graduate assistants at Georgetown University voted 555-108 in favor of representation.  As a result of the election, Georgetown is obligated to recognize GAGE-AFT as the exclusive representative of the graduate student employees.   R7
Brown University: Graduate Assistants Vote for AFT Representation
The American Arbitration Association recently conducted a representation election involving graduate teaching and research assistants at Brown University..  The non-NLRB election was held pursuant to a June 2018  agreement between Brown University, Stand Up for Graduate Student Employees (SUGSE) and the American Federation of Teachers (AFT).  

According to a media report, the tally of ballots demonstrated that 576 graduate assistants voted in favor of representation and 394 voted against.  As a result of the election, Brown  is obligated to recognize SUGSE-AFT as the exclusive representative of the graduate teaching and research assistants.  R8
New School: Contract Reached with Student Employee Union 
According to a media report, the New School recently reached a tentative agreement for a first contract with the Student Employees at the New School-UAW (SENS-UAW). If ratified, the New School contract with SENS-UAW will constitute the fifth collective bargaining agreement involving student assistants in the private sector.  R9
Grinnell College: Student Workers Vote for Union Representation
Grinnell College, NLRB Case No.18-RC-228797
 
On November 5, 2018, NLRB Regional Director Jennifer A. Hadsall issued a Decision and Direction of Election concerning a representation petition filed the Union of Grinnell Student Dining Workers (UGSDW) seeking to represent the following unit of student worker at Grinnell College:

Included: All student employment positions.

Excluded: Positions in Dining Services, Service Work Learning positions, off-campus interns, Mentored Advanced Project (MAP) positions, non-student temporary employees, and supervisors and guards, as defined in the Act, as amended.
 
An on-site election was held for November 27, 2018.  In a bargaining unit of 796, 274 voted for union representation and 54 voted against.  Prior to the election, Grinnell College had filed a motion with the National Labor Relations Board (NLRB) seeking to stay the election, which was opposed by the union.  No decision, however, was issued prior to the tally of the ballots. 
 
In her November 5, 2018 decision, Regional Director Hadsall found that the student workers were employees under the National Labor Relations Act (NLRA) based on the test applied in Columbia University, 364 NLRB No. 90 (2016).  She rejected Grinnell College's arguments that the Columbia University test should not be applied because the at-issue student workers are undergraduates, that collective bargaining would adversely impact the college's mission, and that the proposed wall-to-wall unit was inappropriate. Finally, the Regional Director found that if the employees in the proposed unit voted in favor of unionization, there was a sufficient community of interest for them to be combined with an already existing unit of Grinnell student dining workers represented by UGSDW.  
 
It is likely that Grinnell will be taking steps to challenge the recent NLRB Regional Director's decision and the certification of UGSDW following the November 27, 2018 election.  R10
University of Chicago: Refusal to Bargain with Library Student Union
University of Chicago, NLRB Case No. 13-CA-217957

The University of Chicago's refusal to negotiate with the Healthcare, Professional, Technical, Office, Warehouse and Mail Order Employees, Local 743, IBT (IBT) for a unit of student library employees has resulted in an unfair labor practice (ULP) charge being filed by the union. 

On  March 19, 2018 IBT was certified as the exclusive representative of the following unit:
 
Included: All hourly paid student employees of the University of Chicago Libraries, including students employed at the Joseph Regenstein Library, the Joe and Rika Mansueto Library, Eckhart Library, John Crerar Library, D'Angelo Law Library, and the Social Services Administration Library.

Excluded: All employees represented by other labor organizations and covered by other collective-bargaining agreements, temporary employees, managerial employees, guards, and professional employees and supervisors as defined in the National Labor Relations Act.
 
On July 10, 2018, the NLRB General Counsel filed a motion seeking to transfer the case to the NLRB Board and for summary judgment.   In its response to the NLRB General Counsel's motion, the university argues that the NLRB decision in Columbia University364 NLRB No. 90 (2016) should be  reversed and that the university should be permitted to relitigate rulings made during the pre-election representation hearing.  R11
Northeastern University: Petition for Full-Time NTT Faculty Withdrawn
Northeastern University , NLRB Case No. 01-RC-230427

On November 5, 2018, SEIU filed a representation petition seeking to represent a unit of approximately 388 full-time non-tenure track faculty at the Northeastern University.  In 2014, SEIU was certified as the exclusive represntative of two units of part-time non-tenure track faculty.

The following was the proposed unit in the recent SEIU petition:

Included: All full-time non-tenured or non-tenure track faculty employed by Northeastern University at its campuses located at 360 Huntington Avenue, Boston and 89 Broad Street, Boston, Massachusetts, including, but not limited to, faculty with the titles Assistant Teaching Professor, Associate Teaching Professor, Teaching Professor, Visiting Assistant Teaching Professor, Visiting Associate Teaching Professor, Visiting Assistant Professor, Visiting Associate Professor, Visiting Professor, Visiting Lecturer, Assistant Academic Specialist, Associate Academic Specialist, Academic Specialist, Senior Academic Specialist, Executive Professor, Lecturer, Senior Lecturer, and Professor of the Practice. Bargaining unit faculty above who also have title or responsibilities identified in the exclusions remain included within the unit, unless they are a supervisory, managerial or confidential employee as defined by the Act. 
 
Excluded: Part-time faculty, including adjuncts, tenured and tenure-track faculty, deans, provosts, professionals and non-professional employees, department chairs, graduate assistants, graduate students, research assistants, clinical fellows, teaching fellows, athletic coaches, academic advisors, maintenance employees, clerical employees, postdoctoral scholars, assistant clinical professors, associate clinical professors, clinical professors, clinical instructors, assistant co-op coordinators, associate co-op coordinators, co-op coordinators, "remote faculty" (i.e., faculty assigned to non-Boston campuses and/or faculty who only teach online and do not have a reasonable expectation of teaching in person), and guards, supervisors, and confidential employees as defined by the act.
 
On November 23, 2018, the NLRB Regional Director approved SEIU's request to withdraw the petition.  According to a media report, the petition was withdrawn after Northeastern University argued that full-time non-tenure track faculty are managerial based on their role in shared governance.  R12
Cornell University ILR: CWA Certified to Represent Unit of Non-Academic Staff
Cornell University ILR,  NLRB Case No. 02-RC-223560

On August 16, 2018, the Communications Workers of America was certified by the NLRB as the exclusive represenative of a unit of 15 non-academic employees at Cornell ILR Extension Office in New York City. The certification was issued following an election held on August 8, 2018, in which 11 voted in favor of CWA representation and 2 voted ageaint.  

The following is the composition of the new CWA bargaining unit at Cornell ILR:

Included: All non-academic full-time and regular part-time administrator II and IIIs; program coordinator I and II; communication specialist II and IIIs; research support specialist I and IIs; extension support specialist I and IIs; financial specialist II and IIIs; event/conference coordinators II; student service associates I and IIs; and multimedia editors located in the NYC ILR Extension Office located at 16 East 34th Street, New York. 
 
 Excluded: All other employees, guards, and supervisors as defined by the Act. R13
Bethany College: ALJ Rules Faculty Terminated for Protected Activities
Bethany College,  NLRB Case No. 14-CA-201546

On October 31, 2018, NLRB Administrative Law Judge (ALJ) Christine E. Dibble issued a decision finding that Bethany College had engaged in an unfair labor practice when it discharged faculty member Thomas Jorsch and refused to renew the contract of faculty member Lisa Guinn in retaliation for engaging in protected concerted activities. Specifically, the ALJ found that Jorsch and Guinn were terminated in retaliation for Jorsch distributing to other faculty members an open letter he had sent to the college president concerning the fairness of the tenure process.

ALJ Dibble also ruled that Bethany College engaged in unfair labor practices by maintaining a  rule that prohibited faculty from discussing their terms and conditions of employment with each other and by asking faculty to sign a non-disclosure agreement concerning a proposed tenure plan.  
 
The ALJ reached those findings after rejecting the college's legal arguments that the NLRB lacked jurisdiction because of the school's religious affiliation under NLRB v. Catholic Bishop440 U.S. 490 (1979) and the college's claim that Jorsch was a managerial employee under NLRB v. Yeshiva University, 444 U.S. 672 (1980). R14
State of Iowa: Results from 2018 Higher Ed Recertification Elections 
In 2017, Iowa enacted House File (HF) 291 that made sweeping changes to that state's public sector collective bargaining law.  The anti-union changes imposed by HF 291 were modeled on those imposed on public sector employees in Wisconsin in 2011. 

Among the requirements of HF 291 are mandatory recertification elections to be conducted by the Iowa Public Employment Relations Board (PERB) for each collective bargaining representative in the year prior to the expiration of a contract.  To be recertified, a majority of the bargaining unit must vote in favor of continued representation, rather than a majority of those who voted. The failure of a unit member to vote is counted as a vote against retention of the bargaining representative.   

In 2017, Iowa PERB conducted recertification elections involving faculty bargaining units at six institutions of higher education.  The results of those elections were reported in our November 2017 E-Note

During the last 2 weeks of October, 2018, Iowa PERB conducted dozens of recertification elections involving units of state, county and local government employees, as well as 10 units of employees working in higher education.  

The chart below includes links to the original certifications, the respective sizes of the units, and the unofficial tallies from the 10 recertification elections involving higher education bargaining units. The 2018 unit sizes are based on the voter eligibility lists submitted by the colleges to Iowa PERB for the recertiication elections.  The 2012 unit sizes in the chart are the survey results from the National Center's 2012 Directory of U.S. Faculty Contracts and Bargaining Agents in Institutions of Higher Education, which is limited to bargaining units of faculty, professional staff, and and graduate students. 

Institution
Certified Bargaining Agent
2012 Unit 
Size
2018 Unit Size
Majority
Yes Votes
No Votes
University of Iowa
   2,600
  1,924
    963
 1,559     11
University of North Iowa UNI-United Faculty (AAUP/IHEA)       727      643     322     547               17
Iowa Central Community College Iowa Central Community College Classified Employees Association/ISEA       N/A        32       17      24               0
Iowa Central Community College Iowa Central Community College Education Association        81        92       47      83             1
Iowa Valley Community College Iowa Valley Community College Education Association/ISEA        80        69       35      56              1
Iowa Western Community College Iowa Western Community Higher Education Association       108      104       53      81             2
Iowa Western Community College IUOE Local 234 (Blue Collar)       N/A         6         4        6               0
Kirkwood Community College Kirkwood Faculty Association       290     257      129    241          2
Northeast Iowa Community College Area 4 Community College Support Staff Association/ISEA       N/A       25        13      16             0
Northeast Iowa Community College Area IV Community College Education Association        39       36        19      31             1 
 R15
United Association for Labor Education-2019 Conference in Philadelphia
The United Association for Labor Education has issued a call for proposals  f or its annual conference that will be taking place on April 2-5, 2019 at the Wyndham Historic District in  Philadelphia .  Proposals are due by December 21, 2018. R16
 Universities and Colleges Employers Association
4th International Conference in London
The HE Workforce: Exploring Global Perspectives is a major international two-day conference taking place in London, UK on Tuesday, July 9 and Wednesday, July 10, 2019 which will explore and debate some key issues for higher education providers as employers, drawing on a range of speakers bringing different international perspectives. This is the fourth international conference convened by UCEA (UK), CAUBO/Faculty Bargaining Services (Canada) and the Australian Higher Education Industrial Association (AHEIA). Delegates from higher educaiton institutions or agencies outside the UK will also be invited to attend a two-day study tour taking place on Thursday, July 11 and Friday, July 12, 2019. For more details visit the website at www.ucea.ac.uk/en/seminars/globalR17
SAIL Institute Offering Workshops on Higher Education Leadership
SUNY's SAIL Institute is a system-wide think tank and leadership development organization dedicated to advancing understanding and building human capacity in the areas of strategic, academic, and innovative leadership.  
 
SAIL offers regular programs to build the capacity of leaders today so they can lead the institutions of tomorrow:
 
WINTER LEADERSHIP RETREAT
The intensive 3 day experience, designed specifically for higher education leaders, will provide an opportunity to focus on leadership skills and competencies in order for both the individual and campus to enjoy Sustainability in Leadership.

January 9-11, 2019 Renssealerville, New York 
 
EXECUTIVE LEADERSHIP ACADEMY
The Executive Leadership Academy is designed for academic and administrative professionals with aspirational goals to advance to the highest level of leadership in higher education, specifically to secure presidential, vice presidential or other executive leadership positions in the next one to three years.
June 17-20, 2019 NYC 
 
SUMMER LEADERSHIP RETREAT
SAIL's signature week long professional development program designed to enhance leadership skills, making SUNY's higher education leaders more effective on their campuses and preparing them to take on more responsibilities in the future.
July 29 - August 2, 2019, White Eagle Conference Center on Lake Moraine in Hamilton, New York 
 
CIO LEADERSHIP ACADEMY
NYSERNet and the SAIL Institute have partnered to provide the award-winning CIO Leadership Academy to support aspiring and current CIOs and IT professionals develop and strengthen their leadership abilities.
February - May 2019 
 
STUDENT LEADERSHIP OPPORTUNITY
The SUNY Global Leader Experience is a student leadership development program offered in partnership with Common Purpose (based in the UK).
Summer 2019 
 
DEPARTMENT CHAIR SUMMIT
Being an effective department chair requires an individual to articulate and execute a vision for the future, understand their strengths and weakness as a leader, have a firm understanding of practical management skills, and serve as an effective boundary spanner between the faculty and the college administration. SAIL Department Chair Summits offers opportunity and resources to build the leadership capacity of current and future department chairs. 
May 30 & 31, 2019 Renssealerville, New York 
 
SUNY360
The SUNY360 is an online leadership skills inventory tool that is owned and offered by the SAIL Institute. It is one of the only 360 assessments specifically designed for higher education leaders.  
 Announcement: Wertheim Fund Labor Law Academic Fellowships
                                 Wertheim Fund Labor Law Academic Fellows
 
Harvard Law School's Labor and Worklife Program invites applications for appointment as a Wertheim Fund Labor Law Academic Fellow.  Wertheim Fund Labor Law Academic Fellows are promising labor lawyers with high academic achievements, a commitment to advancing labor law scholarship, and a strong interest in teaching.  The Fellows will devote themselves to scholarship in preparation for entry into the teaching market and will contribute to the intellectual life of the Labor & Worklife Program.
Fellows' research topics must relate to how labor law is evolving in response to innovative forms of labor management relations or to changes in the labor markets.  Topics may include legal status of privately negotiated processes for organizing and recognizing unions; state, local or international approaches to labor law innovation; new forms of workplace organization, including those that rely not on the National Labor Relations Act but on other statutory regimes; the intersection of labor and immigration law; mechanisms for consideration of worker interests in the political process; and legal responses to changes in the labor market, including processes for collective action among people who derive income from the "gig economy."
It is assumed that the bulk of the Fellow's time will be devoted to scholarship.  Professor Benjamin Sachs, Kestnbaum Professor of Labor and Industry, will provide mentoring for the fellow and facilitate mentoring relationships with other HLS faculty.  In addition, the Fellow will be expected to collaborate with the Executive Director of the Labor & Worklife Program Sharon Block on labor-law related programming conducted throughout the fellowship year.  Fellows will have the opportunity to present their research findings in a Labor and Worklife Program-sponsored event during the fellowship year.
The program anticipates providing one, two-year fellowship commencing in the fall of 2019.  The fellowship stipend will be approximately $50,000 per year.
A J.D. degree is required.  Experience practicing labor or employment is not required, but will be considered favorably.  To apply, submit a cover letter; your resume and law school transcript; two or three letters of recommendation, one of which should be from a recommender familiar with your experience practicing labor and employment law, if applicable; and one scholarly writing sample.  Either your cover letter or a separate research agenda should discuss in detail the research project(s) you intend to undertake as a fellow.   Applications are due by December 15, 2018 for the 2019-20 term, and should be sent to:
Wertheim Academic Fellowship
Harvard Law School
50 Church Street, Floor 3
Cambridge, MA 02138
or via email to  lwp@law.harvard.edu (subject line: Wertheim Academic Fellowship.   R19
Job Posting: Work and Family Researchers Network Executive Officer
                                Work and Family Researchers Network
 
T he Work and Family Researchers Network (WFRN) is currently seeking an experienced professional for the position of Executive Officer.  The WFRN is a non-profit (501-c-3) membership organization. We are an interdisciplinary and international community of work and family researchers that also welcomes the participation of policy makers and practitioners. The mission of WFRN is to promote knowledge and understanding of work and family issues among the community of global stakeholders. 
 
As a fairly new organization, we are in search of an Executive Officer who can help create an exciting, relevant, and sustainable plan for WFRN moving forward. In addition to overseeing the day-to-day operations of the association, the Executive Officer will need to represent work and family scholarship and cultivate enthusiasm for the association and its work. The Executive Officer works collaboratively with the elected WFRN Executive Committee (which functions as the board of the association). The position is designed as a supplement to a faculty position (e.g., providing summer salary or a stipend) or may be administered as an independent contract. 
 
You can see the full announcement at https://wfrn.org/wfrn-seeks-new-executive-officer/ and send questions to WFRNSearchCommittee@gmail.com Review of applications will begin immediately and continue until the position is filled. R20
    Job Posting: UMass History Department and Labor Studies Program
The History Department and the Labor Studies program of the University of Massachusetts Boston invite applications for a tenure-track assistant professor position in Public History effective September 1, 2019.  
 
Teaching duties will include an introductory, interdisciplinary course in Labor History, upper-level courses in U.S. Labor/Working Class History, and Public History courses. The successful applicant will also serve as the Associate Director of the University's Labor Resource Center, contributing to the enhancement of the center through research, teaching, and research program development. 
 
Responsibilities in the History Department will focus on working with the Director of the Public History track to support the program and develop the curriculum, and advising students, capstones, and theses.
 
A Ph.D. in History, Public History, or a closely related field is required. Candidates must demonstrate a strong commitment to scholarship and teaching and have an active research agenda. The search committee will also be looking for teaching experience, a track record as a practicing Public Historian, and commitment to working collaboratively with community and history stakeholders.
 
Please submit a c.v., cover letter, contact information for three letters of recommendation, and graduate school transcript online. http://employmentopportunities.umb.edu/boston/en-us/job/495548/assistant-professor-public-history
 
For more information please contact the search chair at tim.hacsi@umb.edu. Review of applications will begin on November 1, 2018 and continue until the position is filled. R21
Journal of Collective Bargaining in the Academy 

Journal of CBA Logo  
 
The Journal of Collective Bargaining in the Academy is the National Center's peer review multi-disciplinary journal that is co-edited by Jeffrey Cross, Eastern Illinois University, and Gary Rhoades, University of Arizona. 

We encourage scholars, practitioners, and graduate students in the fields of collective bargaining, labor representation, 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 a post-Janus world.
 

The following are articles published in the latest Journal volume:
 
Op-Eds 
 
The Slippery Slope of "Unique" by Daniel J. Julius counters the commonly held notion among academics that their collective bargaining is essentially different from other bargaining units.
 
Anti-Intellectualism, Corporatization, and the University by Henry Reichman touches on the culture of anti-intellectualism and connects it to the oft-referenced business model for higher education.    
 
Articles 
 
The History Books Tell It? Collective Bargaining in Higher Education in the 1940s by William A. Herbert examines the little-known history of collective bargaining in higher education from the 1940s including the collective bargaining program instituted by the University of Illinois and the role of United Public Workers of America and its predecessor unions in negotiating the first contracts for faculty before the union was destroyed during the McCarthy era.  
 
Contracts with Community College Adjunct Faculty Members and Potential Supplemental Benefits to Increase Satisfaction by Kimberly Ann Page analyzes the benefits that can be attained for adjunct faculty through collective bargaining based on survey data from New England community colleges.
 
Unionization and the Development of Policies for Non-Tenure Track Faculty: A Comparative Study of Research Universities by Karen Halverson Cross provides a cross-sectional analysis of adjunct contracts, covering a sample of research universities from across the nation including those with and without CBAs that include adjunct faculty.
 
Practitioner Perspective 
 
The Accidental Academic: Reflections on 50 Years in Academic Collective Bargaining by William Connellan gives a retrospective from a 50-year veteran in academic labor relations that reminds us of the complexity of bargaining, with not only the internal tensions, but the external dimension to what happens at the bargaining table.

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.    
National Center for the Study of Collective Bargaining
in Higher Education and the Professions 
national.center@hunter.cuny.edu | http://www.hunter.cuny.edu/ncscbhep
H unter College, City University of New York
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Box 615
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