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
                                                                                                 September, 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.    Save the Date April 7-9,2019: National Center's 46th Annual Conference

2.    Post-Janus: State Advisory Memoranda Updated and New California Law
  
3.    Columbia University: Election Ordered for Unionization of Post-Docs


 
6.    Oregon State University: ULP Filed Alleging MIsuse of State Funds



15.   Announcement: CUNY Fellowships in Critical University Studies
 
16.   Announcement: Wertheim Fund Labor Law Academic Fellowships

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

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

19.   Job Posting: Assistant Provost for Academic Employee and Labor Relations
Save the Date April 7-9, 2019: National Center's 46th Annual Conference
Conference Theme 
COLLECTIVE BARGAINING AFTER JANUS  
 
The National Center's 46th annual labor-management conference will be taking place on April 7-9, 2019 at the CUNY Graduate Center in New York City. The theme of next year's conference will be Collective Bargaining After Janus.
 
We are in the process of developing the program with panels and workshop tied with a post-Janus theme.  We will be providing updates of confirmed panels and speakers in the upcoming monthly newsletters and on our website.  A2 
Post-Janus: State Advisory Memoranda Updated and New California Law 
Post-Janus State Advisory Memoranda

Since the Supreme Court's decision in Janus v. AFSCME a number of states have issued advisory memoranda and executive orders that provide guidance concerning the decision.

The following are links to those state administrative actions:
 
 
 

 

 
 
New California Post-Janus Statute
 
Both before and after the Janus decision, State legislatures have passed legislation modifying collective bargaining laws that will limit the adverse impact of the decision on collective bargaining in higher education and in other areas of public employment.  
 
Last week, California Governor Brown signed into law SB 846 which limits the financial exposure of the state, public employers, and unions to lawsuits seeking reimbursement of agency fees that were collected prior to the Janus decision.  The law applies to all pending and future lawsuits seeking reimbursement for fees collected prior the Supreme Court's decision. 
 
The legislation states, in part, that:
 
The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018.A3
Columbia University: Election Ordered for Unionization of Post-Docs
Columbia University, NLRB Case No. 02-RC-225405
 
On September 18, 2018, NLRB Regional Director John J. Walsh, Jr. issued a decision and direction of election concerning a UAW petition seeking to represent a unit of postdoctoral researchers at Columbia University.  In his decision, Regional Director Walsh rejected the university's argument that Postdoctoral Research Fellows employed by the university in the proposed unit were not employees under the National Labor Relations Act. 
   
In rejecting that argument, the Regional Director distinguished earlier NLRB precedent that found Fellows employed by faculty members for research were not employees.  In addition, the Regional Director relied upon the Board's 2016 decision in Columbia University, 364 NLRB 90 (2016), which found that student research assistants funded by training grants were employees.  In addition, he rejected the university's argument that the Postdoctoral Research Fellows were independent contractors.

The Regional Director determined that the following unit was appropriate for purposes of collective bargaining:

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 supervisor's as defined in the Act.

Lastly, he ordered the conduct of an on-site election on October 2 and 3, 2018 at five distinct locations on the Columbia University campus. A4
Florida Polytechnic Univ.: UFF Files Two Unfair Labor Practice Charges
Florida Polytechnic University, Case Nos. CA-2018-029 and CA-2018-084

United Faculty of Florida (UFF) is the certified representative of the following collective bargaining unit at Florida Polytechnic University:

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

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.

UFF has two unfair labor practice charges pending before the Florida Public Employees Relations Commission.  

Case No. CA-2018-09

In the first charge, UFF alleges that the university engaged in an unfair labor practice when it abolished the positions of assistant librarian and wellness counselor, and summarily terminated the incumbents in those positions: Kate Bernard and Casey Fox. Both Bernard and Fox are members of the UFF negotiations team.  

UFF alleges that the university's actions were in retaliation for the following protected activities under Florida's public sector collective bargaining law: the advocacy by UFF, Bernard, and Casey to have the contract terms applied to the assistant librarian and wellness counselor positions.  The charge also alleges that the university failed to give UFF an opportunity to negotiate over its decision to abolish the positions or the impact of that decision.

Case No. CA-2018-084
 
UFF alleges in the second charge that two other UFF bargaining team members, Christopher Coughlin and Christina Drake, were retaliated against by the university when it failed to renew their contracts.  The charge alleges that the non-renewal was in retaliation for Coughlin and Drake engaging in the following protected activities: asserting the right of a bargaining unit member to have representation during an interrogation; objecting to the university's attempt to stop unit members from speaking with students about faculty labor issues; and assisting with the prosecution of the unfair labor practice charge in Case No. CA-2018-09.A5
Oregon Health & Science Univ: AFSCME Files to Represent GSE Unit
Oregon Health & Science University, OERB Case No. RC-012-18

On August 29, 2018, Oregon AFSCME Council filed a petition to represent a bargaining unit of approximately 251 graduate student employees at the Oregon Health & Science University.  The following is the proposed unit identified in the petition:

All OHSU graduate students seeking Phd degrees who receive stipends, excluding supervisors, confidential employees, and managerial employees. A6
Oregon State University: ULP Filed Alleging Misuse of State Funds
Oregon State University, OERB Case No. UP-021-18

On August 13, 2018, United Academics of Oregon State University filed an unfair labor practice charge with the Oregon Employment Relations Board alleging that Oregon State University violated that state's public sector collective bargaining law when it distributed and posted FAQs, as amended, concerning a faculty organizing drive taking place at the university.  The union alleges that the FAQs constituted an attempt by the university to influence the decision of the faculty in violation of the state law that prohibits public employers from using "public funds to support actions to assist, promote or deter union organizing," and from interfering, restraining or coercing employees in the exercise of protected activities under that law.  A7
PASSHE: Arbitration Award Reinstating Math Professor Affirmed 
 Pennsylvania State System of Higher Education, Lock Haven v. APSCUF

The Commonwealth Court of Pennsylvania issued a decision on August 31, 2018 rejecting a petition for review by the Pennsylvania State System of Higher Education seeking to overturn an arbitration award, which found that Lock Haven University lacked just cause to terminate a mathematics professor based on his 1990 conviction for a sexual relationship with a minor.  The professor was first hired by the university in 2004, and was later granted tenure, promoted to full professor, and had his tenure renewed in 2014 after a regular post-tenure review. 

In 2016, the professor was terminated after the university learned of his 1990 conviction and the details of his crime.  A grievance challenging the termination proceeded to arbitration, and the arbitrator concluded the core issue was whether the professor's continued employment would be an unacceptable threat to student minors attending the university.  Following a review of the university's justification for the discharge, the severity of the crime, the professor's unblemished academic career, the arbitrator concluded that the university lacked just cause for the termination.  Although the arbitrator reinstated the professor, he ordered that the professor should not be assigned to classes or programs that admit dual enrollment students.
 
On review, the arbitration award was upheld by the court.  It rejected the university's challenge to the arbitrator's decision to mandate that the professor, after his reinstatement, be excluded from teaching dual enrollment students.  The court also rejected the university's argument that the award violated the public policy underlying Pennsylvania's Child Protective Services Law. A8
PASSHE: ULP Alleging Animus Toward Athletic Coaches Dismissed 
 Pennsylvania State System of Higher Education, PLRB Case No. PERA-C-16-297-E

On August 21, 2018, the Pennsylvania Labor Relations Board (PLRB) issued a decision affirming the dismissal of an unfair labor practice charge filed by the Association of Pennsylvania State College and University Faculties (APSCUF) alleging that the Pennsylvania State System of Higher Education (PASSHE) had engaged in anti-union animus.  The unfair labor practice alleged that Pennsylvania's public sector collective bargaining law was violated when PASSHE notified the coaches represented by APSCUF of the policy of the Pennsylvania State Athletic Conference (PSAC) "Related to Possible Delays of Practice and Play."  The policy was distributed after the APSCUF faculty and non-faculty athletic coaches had voted to strike in early September, 2016.

In dismissing the charge, PLRB found that there was insufficient evidence to establish that the PSAC, comprised of PASSHE and other institutions, was an alter ego of PASSHE.  In addition, PLRB found that APSCUF had failed to demonstrate that PSAC was acting as an agent of PASSHE concerning the policy.  A9
USC: Appellate Argument Over Whether  NTT Faculty Are Managerial
NLRB Jurisdiction and Religiously-Affiliated Institutions, 2006-2018
By William A. Herbert and Joseph van der Naald

In 1979, the United States Supreme Court in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979) (Catholic Bishop) ruled that the National Labor Relations Board (NLRB) should decline to assert jurisdiction over a representation matter concerning lay teachers at church-operated schools when the assertion of jurisdiction would create a significant risk of infringing on religious liberties protected under the First Amendment. 
Over the years, some religiously-affiliated institutions in higher education have relied on the Catholic Bishop decision to object to NLRB jurisdiction over representation matters on their campuses. A central issue in that litigation has been the proper standard to be applied by the NLRB in determining a jurisdictional objection. 
In Pacific Lutheran University, 361 NLRB 1404 (2016), the NLRB adopted a new two-part test for determining jurisdictional objections under Catholic Bishop.  Under that test, an institution objecting to NLRB jurisdiction must meet a threshold requirement of demonstrating that it holds itself out as providing a religious educational environment.  To satisfy that burden, the institution must present contemporary evidence such as "handbooks, mission statements, corporate documents, course catalogs" and material on the institution's website that demonstrate it provides a religious educational environment.  
 
If the institution meets that threshold requirement, it "must then show that it holds out the petitioned-for faculty members themselves as performing a specific role in creating or maintaining the college or university's religious educational environment, as demonstrated by its representation to current or potential students and faculty members, and the community at large." To meet that burden, the institution has to present evidence of public statements that faculty perform a specific religious function.  Relevant evidence would include "job descriptions, employment contracts, faculty handbooks, statements to accrediting bodies, and statements to prospective and current faculty and students" articulating the faculty's specific role in the provision of a religious educational environment.  
 
There are four cases pending before the United States Court of Appeals for the District of Columbia Circuit challenging the Pacific Lutheran University test, and the NLRB's assertion of jurisdiction:  Manhattan College v. NLRB, Case No. 18-1113; Saint Xavier University v. NLRB, Case No. 18-1076; Saint Xavier University v. NLRB, Case No. 18-1086; and Duquesne University v. NLRB, Case No. 18-1063.
The representation cases at Manhattan College and Duquesne University involve non-tenure track faculty, and the cases at Saint Xavier University concern non-tenure track  faculty and housekeeping staff.  The outcome of those cases will likely impact the legal parameters for utilizing NLRB procedures by faculty, graduate students, and other employees who seek to unionize at religiously-affiliated colleges and universities. 
 
In the Duquesne University case, the AAUP filed an amicus brief defending the NLRB's Pacific Lutheran University test as protecting the "autonomy of religiously-affiliated universities to define faculty positions that require performance of religious functions."  In its brief, the AAUP compared the test applied by the NLRB to the limitations clause in the AAUP's 1940 Statement of Principles of Academic Freedom and Tenure, which states: "Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment."   
 
The Association of Catholic Colleges and Universities (ACCU) has also filed an amicus brief.  In its brief, ACCU supports the university's challenge to the NLRB's Pacific Lutheran University test.  In objecting to the test, ACCU notes that: "To be clear, this case is about the Board' s jurisdiction, not about the natural rights of employees. The Catholic Church supports the moral right of workers to organize and bargain collectively, and Catholic colleges and universities support that teaching."  Absent from ACCU's brief, however, is mention of alternative non-NLRB procedures that might be adopted for determining representation issues
that can avoid NLRB jurisdictional disputes and effectuate the Church's stated support for the right to organize and collectively bargain.  
Under present law, a religiously-affiliated institution has the discretion to accept NLRB jurisdiction over a representation matter, challenge the assertion of jurisdiction, or agree to a non-NLRB procedure to determine whether a union has the support from a  majority of the bargaining unit.   A list of Catholic institutions of higher education with current collective bargaining relationships is maintained by the Catholic Labor Network on its website.  
 
Institutional consistency concerning the question of NLRB jurisdiction is not mandated under the law .   In 2009-10, Saint Xavier University did not object to the agency asserting jurisdiction with respect to an ultimately unsuccessful unionization effort by non-tenure track faculty.  A few years later, the same school is pursuing appellate litigation challenging the NLRB's assertion of jurisdiction over subsequently filed representation petitions involving non-tenure track faculty and the university's housekeepers.  Manhattan College accepted NLRB jurisdiction in 2007 over a petition filed to represent its campus security but continues to litigate its jurisdictional objection regarding a 2010 petition concerning its adjunct faculty.  A similar inconsistency occurred when Boston College acceded to NLRB jurisdiction when its telephone operators unionized but objected to the assertion of jurisdiction when a subsequent petition was filed to represent its graduate student employees.   
 
As part of its research mission, the National Center has examined NLRB data concerning all representation efforts in private sector higher education beginning in 2006 to determine the frequency and consistency of jurisdictional objections raised by religiously-affiliated institutions. The data was obtained through FOIA requests and from information posted on the agency's website. We identified those institutions in the NLRB data who state on their websites that they abide by a particular religious tradition or maintain an affiliation with a particular religion.  We then examined whether those schools objected to the NLRB asserting jurisdiction over representation cases involving their faculty, graduate student employees, and non-academic labor on campus.
The following is a summary of our findings:
 
Percentage of All Cases With Jurisdictional Objections Percentage of Faculty & GSE Cases With Jurisdictional Objections Percentage of Non-Academic Labor Cases With Jurisdictional Objections Total of Faculty & GSE Cases Total of Non-Academic Labor Cases
          21.31%           35.29%           3.57%           34           28

T
he following charts identify each institution, the state where it is located, whether it objected to NLRB jurisdiction, the unit composition, and the religious affiliation.  The first chart presents information for representation cases involving faculty and graduate student employees. The second chart sets forth the information as it relates to cases involving non-academic labor.  
 
Institution  State Objection Unit Composition  Affiliation 
American University 
 DC
     No
     Faculty
 Protestant
American University 
 DC 
     No 
     GSE 
 Protestant 
Augsburg College
 MN      No       Faculty  Protestant
Boston College
 MA
     Yes        GSE   Roman Catholic
Carroll College   MT      Yes       Faculty  Roman Catholic
College of Saint Rose  NY      No       Faculty  Roman Catholic 
Dominican Univ. of California  CA      No       Faculty  Roman Catholic 
Duquesne University  PA      Yes        Faculty  Roman Catholic  
Elmhurst College   IL      Yes       Faculty  Protestant  
Fordham University  NY      No       Faculty  Roman Catholic 
Georgetown Univ.    DC      No      Faculty  Roman Catholic 
Holy Names Univ.   CA      No       Faculty  Roman Catholic 
LeMoyne College 
 NY      No       Faculty  Roman Catholic
Loyola University Chicago   IL      Yes       Faculty  Roman Catholic
Loyola University Chicago   IL      Yes       Faculty  Roman Catholic 
Loyola University Chicago 
 IL      Yes       GSE 
 Roman Catholic 
Manhattan College  NY      Yes       Faculty  Roman Catholic 
Marywood University  PA      Yes       Faculty  Roman Catholic
Notre Dame de Namur University  CA      No       Faculty  Roman Catholic
Notre Dame de Namur University  CA      No       Faculty  Roman Catholic
Pacific Lutheran University  WA      Yes       Faculty  Protestant
Saint Francis College  NY       No       Faculty   Roman Catholic
Saint Louis University  MO      No       Faculty  Roman Catholic
Saint Martin's University  WA      Yes       Faculty  Roman Catholic
Saint Xavier University 
 IL 
     No 
     Faculty 
 Roman Catholic 
Saint Xavier University 
 IL 
     Yes 
     Faculty 
 Roman Catholic 
Seattle University  WA      Yes       Faculty  Roman Catholic
Siena College  NY      No       Faculty  Roman Catholic
Siena College  NY       No       Faculty  Roman Catholic
St. Catherine University  MI      No       Faculty  Roman Catholic
St. Mary's College of California  CA      No      Faculty  Roman Catholic
St. Michael's College  VT
     No
     Faculty  Roman Catholic
Trinity Washington University  MD      No       Faculty  Roman Catholic
University of Saint Thomas  MN      No       Faculty  Roman Catholic
    
Institution  State Objection Unit Composition  Affiliation
American University  DC      No Bus Drivers  Protestant
Boston College  MA      No  Telephone Operators  Roman Catholic
Carlow University   PA      No  Campus   Roman Catholic
Carlow University   PA      No  Police &  Dispatchers  Roman Catholic
Carlow University   PA      No  Campus Security  Roman Catholic
Catholic University   DC      No  Carpenters  Roman Catholic
Catholic University    DC      No  Custodians  Roman Catholic
Catholic University    DC      No 
Campus Security  
 Roman Catholic
Catholic University   DC       No  Campus Security   Roman Catholic 
College of Saint  Rose  NY      No  Housekeeping  Roman Catholic
College of Saint  Rose  NY      No  Campus Security  Roman Catholic
College of the Holy Cross  MA      No   Campus Security  Roman Catholic
Drew University  NJ      No  Campus Security  Protestant
Fairfield University  CT      No  Maintenance  Roman Catholic
Georgetown Univ.  School of Law  DC      No  Campus Security  Roman Catholic
Kenyon College  OH
     No 
Maintenance  Protestant
Kenyon College  OH
     No 
Campus Security  Protestant
LaSalle University  PA      No  Campus Security  Roman Catholic
Loyola University of Chicago  IL      No  Campus Security  Roman Catholic
Manhattan College  NY      No  Campus Security  Roman Catholic
Marquette University  WI      No  Custodians  Roman Catholic
Marquette University    WI       No  Campus Security   Roman Catholic 
Molloy College  NY      No Maintenance   Roman Catholic
Notre Dame College  OH
     No 
Campus Security   Roman Catholic
Providence College  RI      No  Service Employees  Roman Catholic
St. Michael's College  VT      No  Custodians   Roman Catholic
Saint Xavier University  IL      Yes  Housekeeping  Roman Catholic
Saint Joseph's University   PA       No  Campus Security  Roman Catholic A11 
Harvard University: GSE Union Releases Bargaining  Goals
The Harvard Graduate Student Union-United Auto Workers (HGSU-UAW) has posted their bargaining goals for the upcoming negotiations with Harvard University for a first contract. 

The goals include equity and inclusivity; improved compensation and health benefits; job security and transparency; protections for international student employees; leaves of absence and improved childcare and dependent benefits; improved transportation services and enhanced access to affordable housing; enhanced training and professional development; financial stability protections; and union recognition, release time, a grievance-arbitration procedure, and union security.A12
Lake-Sumter State College: Mail Ballot Election Scheduled
Lake-Sumter State College Board of Trustees, FPERC EL18011

On August 8, 2018, the Florida Public Employees Relations Commission (FPERC) issued a Notice of Election concerning a representation petition filed by the United Faculty of Florida to represent a unit that includes full-time tenure track faculty at Lake-Sumter State College of Board of Trustees.  The Notice of Election requires that all mail ballots be received by FPERC by October 2, 2018.  The ballots will be tallied at 2:00 p.m. that day.

The following is the at-issue bargaining unit:

Included: Instructor, assistant professor, associate professor, professor, senior professor, librarian,lecturer, full-time temporary instructor, assistant department chair, and instructor/applied nursing simulation lab coordinator.

Excluded: All managerial, administrative, supervisory, and confidential employees including, but not limited to, those job titles categorized as follows: administrative and professional, career service, other professional services, part-time employees, adjunct faculty, acting or interim faculty, program manager, department chair, and all other employees of the College not expressly included.A13
New School: UAW Files Petition to Represent Professional Unit
New School, NLRB Case No. 02-RC-227006

On September 7, 2018, the UAW filed a petition seeking to represent a unit of approximately 19 professional employees at the New School.  The following is the petitioned-for unit:
 
Included: All full time and regular part time counselors, nurses, midwives, doctors, and including LCSWs, MD's, PhD's, RPA-C's, RN's, MPH's, RDNs, PSYDs, CNMs, and MCHES's and anyone with substantially equivalent qualifications who conducts similar work at the employer's facility.  
 
Excluded: All other employees, guards and supervisors as defined in the Act.A14
Catholic University: Petition Seeks Representation of Campus Security
Catholic University, 05-RC-227685

On September 17, 2018, the International Union, Security, Police & Fire Professionals of America filed a petition seeking to represent approximately 30 full-time at part-time special police officers at Catholic University.  The following is the unit sought:

Included: All full-time and regular part-time Special Police Officers SPO's performing guard duties as defined in Section 9(b)(3) of the Act employed by the Employer;  
 
Excluded: All other employees, office clerical employees, professional employees and supervisors as defined by the Act. A15
Announcement: CUNY Fellowships in Critical University Studies
CUNY Graduate Center ARC Critical University Studies Research Track
 
The Advanced Research Collaborative (ARC) at the CUNY Graduate Center is pleased to announce a new and exciting research track for tenured and tenure-track scholars in Critical University Studies (CUS). Applications for Distinguished Visiting Fellowships and Distinguished CUNY Fellowships for the 2019-20 academic year are open and will be accepted through October 31, 2018. 

The ARC invites proposals that examine the role of higher education, especially public universities, at the intersection of issues of race, class, gender, culture, political economy, and politics. Growing out of theoretical developments in the fields of Cultural Studies and Critical Legal Studies, CUS critically examines the institutional structures, purposes, and ideologies of public higher education. The CUS field has grown and its practitioners have proliferated at a range of public universities in the past few years, including in the University of California, University of Wisconsin, and CUNY systems. Two major presses have announced CUS series (John Hopkins University Press and Palgrave UK). A number of scholars, including CUNY faculty and graduate students, are working on or have worked in the past on public higher education issues and projects.
 
CUS research topics might include:
  • the political economy of government funding of public higher education and the impact of government budget cuts and concomitant rise in tuition costs in public universities
  • the history of public university systems nationally and internationally
  • issues of meritocracy vs. open access at public universities and the impact of those divergent ideologies on the historical and contemporary demographic make-up of public universities
  • the impact of technological changes on public university teaching and learning
  • curricular transformations and challenges, including the creation of alternative pedagogies and fields of scholarly inquiry (e.g. ethnic/gender/sexuality studies; digital humanities) and related challenges to existing curricula (e.g., the humanities "crisis")
  • the dramatic growth in administrative hiring, costs, and business practices in public universities
  • the differential impact of budget cuts and increasing austerity in public institutions on students of color and poor and working-class students
  • neoliberal attacks over the past four decades on public institutions in general and public universities in particular by politicians and business interests intent on privatizing public goods like education
  • the rise of contingent academic labor and its impact on the structure, function, and very purposes of public higher education
  • the history of academic unionism and analyses of its current status at public institutions
  • oppositional responses of college faculty, staff, undergraduate and graduate students, and the larger communities they serve to the funding cuts and disciplining faced by public higher education systems around the country as public demands for access have increased
  • the narrowing gauge of what is considered appropriate or acceptable curricula in public institutions and the scrutiny/surveillance of scholarship and teaching faculty and staff, not least in social media and its discourses.
The ARC is especially interested in interdisciplinary and transdisciplinary proposals that call on humanistic inquiry and innovative methodologies. We particularly welcome researchers from the human and social sciences and the humanities who have undertaken creative approaches to documenting, analyzing, and interpreting public university structures and who have undertaken archival and ethnographic research on public university life. A16
 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. A17 
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://workfamily.sas.upenn.edu/sites/workfamily.sas.upenn.edu/files/WFRN_EO_Job_Announcement.pdf and send questions to WFRNSearchCommittee@gmail.com Review of applications will begin immediately and continue until the position is filled.A18
    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 program development (https://www.umb.edu/lrc). 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.A19
 Job Posting: Assistant Provost for Academic and Labor Relations
Oregon State University's Office of  Senior Vice Provost for Faculty Affairs seeks to fill the position of Assistant Provost for Academic Employee and Labor Relations. The Assistant Provost will report to the Senior Vice Provost. This position is a 12 month 1.0 FTE, fixed-term benefits-eligible professional faculty position. Salary is commensurate with experience and qualifications and the Assistant Provost will start as soon as possible.
 
The Assistant Provost for Academic Employee and Labor Relations is responsible for the management of academic employee and labor relations as well as the management of collective bargaining negotiations and contract administration, progressive discipline and grievances in a manner that supports positive and professional relationships with employees, union representatives, supervisors, managers and administrators.
 
To apply, please go to: https://jobs.oregonstate.edu , posting P02383UF . The position will remain open until filled. 
 
For additional information please contact: Sara.Daly@oregonstate.edu
. The search committee is chaired by Dr. Dan Edge, Associate Dean, College of Agricultural Sciences.A20 
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
425 E 25th St.
Box 615
New York, NY 10010