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COLLECTIVE BARGAINING: INTEREST BASED BARGAINING IN HIGHER EDUCATION. HEOC 803:Dissertation Seminar I Lauri Wiechmann Benedictine University. Collective Bargaining. Negotiating labor agreements. Terms and Monumental Cases. Issue.
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COLLECTIVE BARGAINING:INTEREST BASED BARGAINING IN HIGHER EDUCATION HEOC 803:Dissertation Seminar I Lauri Wiechmann Benedictine University
Collective Bargaining • Negotiating labor agreements
Issue • July 1935 United States Congress enacted the National Labor Relations Act (NLRA) • Effort to equalize bargaining power • Protect the rights of those who chose to organize and bargain collectively (National Labor Relations Act NLRA – Law and higher education. January 21, 2011) • Takes approximately 25 years for the effect of this federal act to be felt in higher education. • Since the 1960’s, collective bargaining has been implemented in institutions of higher education (Altbach, 2005)
Research Problem • The state of higher education in the United States continues to decline when looking at world rankings. • The Spelling Commission Report (United States Department of Education. 2006) revealed that higher education in the United States has slipped to 12th internationally when evaluating higher education attainment. • Depending on what reports or studies one reads a litany of solutions to this problem are given. • However, most of these reports look at preparedness of the students in institutions of higher education, the costs of higher education, and the availability of accessing higher education but does the culture of the employees of the institution have any effect on student preparedness at graduation?
Justification of Research • Intervention of the federal government • Established legal guidelines for collective bargaining in both the private and public sector • Historical legal cases directly involving institutions of higher education • Solid background to compare effects and results of collective bargaining in a specific institution of higher education.
Justification of Research • Arena of collective bargaining can be quite large • Research will focus directly on one form of collective bargaining, interest-based bargaining. • Research will provide the institution with longitudinal evidence of the effects of past negotiation on the social & cultural environments of the institution.
PURPOSE OF STUDY Examine the perceptions of employees and administrators directly involved with contract negotiations with regard to the use of interest-based bargaining at Carl Sandburg College to determine the perspectives on the effectiveness of the negotiating methods and the subsequent social and cultural environments of contract ratification on the institution.
PURPOSE OF STUDY Better understand the psychological dimensions and organizational issues involved with participants of negotiations. An in-depth qualitative narrative study exploring aspects of preparedness for negotiations, practical usage of components of interest-based bargaining, and their impact on the culture of the college can provide insight to such conceptual and pragmatic understandings.
Study Design QUALITATIVE
Target Audience • Institutions implementing IBB will benefit from the research as the process of the negotiation procedure is structured and can be useful in all areas of operation of the institution once employees realize how to apply the principles of the process.
Literature Review • Interest Based Bargaining • (IBB, nd; MT Dept. of Labor & Industry, nd; Sullivan, 2002; Collective Bargaining Reporter, 1995) • History of Collective Bargaining • (Palmer, 1999; Sullivan, 2002) • Legal Cases – USHE • (Palmer, 1999; Education Law NLRA, 2011)
Literature Review • Positional Bargaining • (MT Dept. of Labor & Industry, nd; Sullivan, 2002; Collective Bargaining Reporter, 1995) • Legal Cases – USHE • (Palmer, 1999; Education Law NLRA, 2011)
Methodology 2 Phases
Bibliography • Altbach, P., Berdahl. R., & Gumport, P. (Eds.). (2005). American higher education in the twenty-first century; social, political, and economic challenges. Baltimore, MD: The Johns Hopkins University Press • Barrett & O’Dowd. (2005). Interest-Based bargaining, a user’s guide. Trafford Publishing. Retrieved July 2, 2012, from http://www.scribd.com/doc/53608434/Interest-Based-Bargaining • Carl Sandburg College. (2010). Criterion 1: Mission and integrity. Retrieved July 5, 2012, from http://apps.sandburg.edu/accreditation/Assets/Documents/2010NCASelf_StudyCriterionOne.pdf
Bibliography • Collective Bargaining Reporter. (Fall 1995). Interest based bargaining. Retrieved July 2, 2012, from http://afscmestaff.org/cbr/cbr495_1.htm • Education Law. (December 14, 2010). Collective bargaining – law and higher education. Retrieved July 2, 2012, from http://lawhighereducation.com/33-collective-bargaining.html • Education Law. (January 12, 2011). National labor relations act (NLRA) – Law and higher education. Retrieved July 2, 2012, from http://lawhighereducation.com/94-national-labor-relations-act-nlra.html
Bibliography • Education Law. (February 2, 2012). U.S. Supreme Court Cases in Higher Education - Law and Higher Education. Retrieved July 5, 2012, from http://lawhighereducation.com/139-us-supreme-court-cases-in-higher-education.html • Federal Mediation and Conciliation Service. (n.d.) Interest-Based bargaining. Retrieved July 2, 2012, from http://www.fmcs.gov/Internet/itemDetail.asp?categoryID=131&itemID=15804 • Montana Department of Labor & Industry, Labor Standards Bureau. (n.d.). Interest –Based bargaining training, participant’s handbook. Retrieved July 2, 2012, from http://erd.dli.mt.gov/labor-standards/training-and-education/interest-based-bargaining.html
Bibliography • Palmer, S. (November 6, 2008). A brief history of collective bargaining in higher education. New Foundations. Retrieved July 2, 2012, from http://www.newfoundations.com/History/ HECollectBar.html • United States Department of Education. (2006). A test of leadership: Charting the future of U.S. higher education. Retrieved March 5, 2011, from www2.ed.gov/about/bdscomm/list/hiedfuture/reports/pre-pub-report.pdf