and Structures
ORGANIZING THE ACADEMY:
STRATEGIES AND STRUCTURES
William 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
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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.
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Labor Law History in the
Academy
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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.
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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.
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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.
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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.
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Faculty Unit Composition:
Organizing and Bargaining
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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)
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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 differences concerning (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.
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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.
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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.)
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Faculty Unit Composition: Organizing and Bargaining
Pacific Lutheran University
Test 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).
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Growth in Faculty
Bargaining Units:
2016-2017
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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)
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2012 Faculty Union Density
Public Sector Institutions with Faculty Units: 562
Private Sector Schools with Faculty Units:
77
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2016: New Faculty Units
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Private Sector in 2016: 23 New Certified Faculty Units
22 Non-Tenure Track Units
1 Tenure Track Faculty Unit
FT: 2
FT: 1
PT: 5
FT-PT: 15
Number of Faculty: 3,699
Number of Faculty: 61
3 Petitions for TT Faculty Units
Dismissed
Tufts University, Carroll College,
Marywood University
29.9%  over 77 identified units in 2012
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Public Sector in 2016: 12 Newly Certified Units
3 Non-Tenure Track Units
9 Tenure Track Faculty Unit
PT: 3
FT: 5
Number of Faculty: 1,546
Number of Faculty: 2,060
FT-PT: 3
Chairs: 1
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
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Private Sector January 1-May 31, 2017:
5 New Certified NTT Faculty Units
5 New Non-Tenure Track Units: PT: 3 FT-PT: 2
Number of Faculty: 1,936
8 Pending Non-Tenure Track Petitions: PT: 7 FT: 1
3 Faculty Petitions Withdrawn TT: 1 NTT PT-FT: 2
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Public Sector January 1-May 31, 2017:
3 Newly Certified Faculty Units
1 PT Non-Tenure Track Unit
1 FT Tenure Track Unit
1 Administrators Unit
Number of Employees: 458
1 Pending PT- NTT Petition
1 FT TT Petition Dismissed After Election
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Student Employee
Elections and
Bargaining Units:
2016-17
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Results from Yale GSE Elections
8 Departmental Units Certified, 1 Dismissed
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Student Employee Unionization: 2016-May 31, 2017
Institution
Portland State Univ.
Yale University
Columbia University
Affiliation
AFT-AAUP
UNITEHERE
UAW
Status
Certification Without An Election
8 Certifications; Employee Status and Micro-Units
Challenged
Tally:1602-623, Certification; Employee Status Challenged
Cornell University
AFT-NEA
Non-NLRB Election held; Challenged Ballots
Harvard University
UAW
NLRB Election held; Challenged Ballots; Possible Rerun
Tufts University
SEIU
Tally: 129-84, Certification
Brandeis University
SEIU
Tally: 88-34, Certification
American University
SEIU
Tally: 212-40, Certification
Loyola Univ. Chicago
SEIU
Tally: 71-49, Certification; Jurisdiction Under Challenge
Duke University
SEIU
Tally: 398-691, Petition Withdrawn
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Student Employee Unionization: 2016-May 31,2017
Institution
Affiliation Status
George Wash. U.
SEIU
Petition Withdrawn for Resident Advisors
Grinnell College
IND
Tally: 21-1, Certification for Student Dining Staff
New School
UAW
Election Conducted; Tally Stayed Pending Request for Review
Univ. of Chicago
AFT-AAUP Petition Pending
Univ. of Chicago
IBT
Petition Pending for Student Library Workers
Penn State Univ.
NEA
Petition Pending
Boston College
UAW
Petition Pending
Univ. of Penn.
AFT
Petition Pending
Univ. of Missouri
NEA
State Court Lawsuit Pending under Missouri Constitution
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DATA ON STRIKES
IN HIGHER
EDUCATION
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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
Institution
University of Illinois, Springfield
Unit Type
Union Affiliate
Date
Length
TT Faculty
AFT
May 2017
6 days
Pennsylvania State System of
Higher Education
TT and NTT Faculty
APSCUF
Oct. 2016
3 days
Green River College
TT and NTT Faculty
AFT
May 2016
3 days
University of Illinois, UrbanaChampaign
NTT Faculty
AFT-AAUP
Apr. 2016
3 days
City College of San Francisco
TT and NTT Faculty
AFT
Apr. 2016
1 day
Rock Valley College
FT NTT Faculty
AFT
Sept. 2015
4 days
University of Oregon
GRA and GTA
AFT
Dec. 2014
8 days
University of California
Academic Student
Employees
UAW
Apr. 2014
2 days
University of Illinois, Chicago
TT and NTT Faculty
AFT- AAUP
Feb. 2014
2 days
Bellingham Technical College
NTT Faculty
NEA
Sept. 2013
6 days
Nassau Community College
NTT Faculty
AFA
Sept. 2013
5 days
TT and NTT Faculty
AFT
Sept. 2016
12days
Long Island University
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West Coast Regional Conference
December 1-2, 2017
California State University,
Long Beach
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45th Annual National Conference
April 15-17, 2018
CUNY Graduate Center
New York City
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William 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
http://www.hunter.cuny.edu/ncscbhep
425 East 25th Street, Box 615
New York, New York 10010-2547
(212) 481-7550 (office)
(518) 605-4402 (cell)
[email protected]
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