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and Structures

and Structures. Organizing the Academy: Strategies and Structures W illiam A. Herbert, Executive Director, National Center for the Study of Collective Bargaining In Higher Education and the Professions, Hunter College, City University of New York. Considerations for Strategies and Structures

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and Structures

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  1. and Structures Organizing the Academy: Strategies and StructuresWilliam A. Herbert, Executive Director, National Center for the Study of Collective Bargaining In Higher Education and the Professions, Hunter College, City University of New York

  2. Considerations for Strategies and Structures Labor Law History in the Academy; Faculty Unit Composition: Organizing and Bargaining; Janus v. AFSCME: Open Shop and the 1st Amendment Data Regarding Growth in Faculty Bargaining Units; Recent Data Concerning Student Employee Units; Strike and Lockout Data.

  3. Labor Law History in the Academy

  4. Voluntary Recognition Late 1940s: Voluntary Recognition and Collective Bargaining by CIO Unions for Faculty and Non-Faculty at Howard and Fisk Universities and Vocational Schools; Sole Means to Get Collective Bargaining Prior to Labor Relations Laws; Still Utilized Today: Neutrality, Card Check, and Non-NLRB Elections. Certification Governmental Agency Determines Employee Status & Unit Composition; Agency Conducts Election or Card Check; Enforces Statutory Associational Rights.

  5. National Labor Relations Act and State Labor Relations Laws 1935: National Labor Relations Act 1951: Trustees of Columbia University:NLRB declines jurisdiction over nonprofit, educational institutions where the activities involved were noncommercial in nature and intimately connected with charitable purposes and educational activities. 1968: New York State Labor Relations Act amended to grant jurisdiction over non-profit educational institutions. 1970: Cornell University: Two universities persuade the NLRB to start asserting jurisdiction over non-profit colleges.

  6. State Public Sector Collective Bargaining Laws Since 1967: Many States Have Enacted Public Sector Collective Bargaining Laws Applicable to the Academic Community. Differences in statutes:  Higher Education Institutions Covered;  Unit Composition Decided by Agency or Statute (IL, MN);  NTT in Separate Unit, Combined Unit or Excluded (OH);  Right to Strike or Not;  Card Check (NY, IL, OR, WA) or Supervised Election; 1977: Supreme Court Rules Agency Fees Do Not Violate 1st Amendment.

  7. Private and Public Sector Collective Bargaining Laws: Similarities and Distinctions Similarities:  Enforce Workplace Associational Rights;  Protects Against Retaliation for Engaging in Protected Collective Activities;  Exclusive Representation;  Duty to Engage in Collective Bargaining. Differences:  NLRA: A Single Statute that Covers Private Sector  NLRA Excludes Supervisors from Coverage;  State Public Sector Coverage and Standards Vary;  Public Sector Has Constitutional Source of Rights.

  8. Faculty Unit Composition: Organizing and Bargaining

  9. Faculty Unit Composition: Organizing and Bargaining A Continuing Truth About Faculty Unionization “The lower the tier of academe, in terms of security, income, prestige, and involvement in the graduate scholarly-research culture, the stronger the vote for unionization, as represented by a regular union body; the higher the level, the greater the likelihood of votes for ‘no representation,’ or for the least ‘union-like’ faculty organization on the ballot.” Everett Carll Ladd, Jr., and Seymour Martin Lipset, Professors, Unions, and American Higher Education (1973)

  10. Faculty Unit Composition: Organizing and Bargaining Combined TT/NTT Unit or Separate TT and NTT Units Combined PT/FT NTT Unit or Separate FT and PT NTT Units 1968: Board of Higher Education of the City of New York: TT and NTT belong in separate units because TT have primary commitment to university and exercise important responsibilities in university operation via shared governance. 1971: C. W. Post Center of Long Island University, and Long Island University (Brooklyn Center): NLRB found combined TT and NTT faculty units found appropriate. 1973: New York University: NLRB found PT faculty belong in separate unit from FT faculty based on differencesconcerning (1) compensation, (2) participation in shared government, (3) eligibility for tenure, and (4) working conditions. 2015: Temple University, Pa. agency places adjuncts placed in pre-existing FT faculty unit. 2016: Minnesota College of Art and Design. NLRB orders separate PT and FT NTT units. 2016: Tompkins and Cayuga Co. Comm. Colleges: NY PERB places NTT in separate units.

  11. Faculty Unit Composition: Organizing and Bargaining Campus-Based Units 2014: University of La Verne:Single campus PT-NTT faculty unit found appropriate for a university with 10 campuses. Micro-Units 2011: Specialty Healthcare & Rehabilitation Center of Mobile If there is a community of interest among the employees to make the proposed unit appropriate, the party opposing certification must demonstrate that the excluded employees share an “overwhelming community of interest” with the included employees. 2017: Yale University: Nine department-based GSE units found appropriate. 2017: Vanderbilt University: Four college-based NTT units found appropriate.

  12. Key Cases on Private Sector Organizing and Bargaining 1979: NLRB v. Catholic Bishop of Chicago: NLRB should decline jurisdiction over religiously-affiliated schools to avoid First Amendment issues. 1980: NLRB v. Yeshiva University: Faculty are managerial because of role in making decisions and formulating policies through shared governance.  2014: Pacific Lutheran University: Modified the standards for determining whether faculty are managerial under Yeshiva, and adopted a two-part test for determining whether NLRB should assert jurisdiction over a religiously-affiliated institution under Catholic Bishop. 2016: Columbia University: Student assistants found to be statutory employees reversing Brown University (2004), which reversed New York University (2000), which reversed Leland Stanford Junior Univ. (1974.)

  13. Faculty Unit Composition: Organizing and BargainingPacific Lutheran UniversityTest for Jurisdiction Over Religiously-Affiliated Colleges Whether the institution holds itself out as providing a religious educational environment; if so, Whether the at-issue faculty are held out as performing a specific religious function as part of the religious educational environment.  Recent Cases Have Excluded Theology Dept. Faculty ● Carroll College (petition dismissed under Pacific Lutheran test).

  14. Growth in Faculty Bargaining Units: 2016-2017

  15. Increase in Non-Tenure Track Faculty 1969 Tenured and Tenure-Track Faculty: 78.3% 2009 Tenured and Tenure-Track Faculty: 33.5% 1970-2003 PT Non-Tenure-Track Faculty  400% William G. Bowen & Eugene M. Tobin, Locus of Authority (2015)

  16. 2012 Faculty Union DensityPublic Sector Institutions with Faculty Units: 562 Private Sector Schools with Faculty Units: 77

  17. 2016: New Faculty Units

  18. Private Sector in 2016: 23 New Certified Faculty Units 29.9%  over 77 identified units in 2012

  19. Public Sector in 2016: 12 Newly Certified Units 2.1%  over identified units in 2012 Total Public Sector Faculty Increase in 2016: 3,606 Total Private Sector Faculty Increase in 2016: 3,760

  20. Private Sector January 1-May 31, 2017: 5 New Certified NTT Faculty Units

  21. Public Sector January 1-May 31, 2017: 3 Newly Certified Faculty Units

  22. Student Employee Elections and Bargaining Units: 2016-17

  23. Results from Yale GSE Elections 8 Departmental Units Certified, 1 Dismissed

  24. Student Employee Unionization: 2016-May 31, 2017

  25. Student Employee Unionization: 2016-May 31,2017

  26. DATA ON STRIKES IN HIGHER EDUCATION

  27. Higher Education Faculty Strikes and a Lockout 1994: National Center Identified 163 faculty strikes for period 1966-1994 2017: National Center Identified 9 faculty strikes, 2 GSE strikes, and 1 lockout for period 01/13-05/17

  28. West Coast Regional ConferenceDecember 1-2, 2017California State University, Long Beach

  29. 45th Annual National Conference April 15-17, 2018CUNY Graduate Center New York City

  30. William A. Herbert Executive DirectorNational Center for The Study Of Collective Bargaining in Higher Education and The Professions, Hunter College, City University of New Yorkhttp://www.hunter.cuny.edu/ncscbhep425 East 25th Street, Box 615New York, New York 10010-2547(212) 481-7550 (office)(518) 605-4402 (cell)wh124@hunter.cuny.edu

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