The 50 most-cited articles in Journal of Collective Bargaining in the Academy, 2016

Academic labor unions will likely become a growing presence on the campuses of private colleges and universities in the years ahead due to three main factors. First, the NLRB has agreed to hear a case involving a petition by the United Auto Workers to represent graduate teaching assistants at The New School, and it is quite likely that the NLRB will reverse past precedent and find that graduate teaching and research assistants will have the right to unionize at private institutions. Second, the Board also issued a highly consequential decision in December of 2014 which will make it exceedingly difficult for colleges and universities to establish that their faculty are collectively managerial employees and therefore without the right to unionize. This decision will open the door to the unionization of many full time contingent faculty and possibly tenure track/tenured faculty themselves. Finally, and perhaps of greatest immediacy, a growing and sprawling movement to organize adjunct and part-time faculty throughout the country has already brought academic collective bargaining to…

The literature on the effects of unions on the distribution of wages at the macroeconomic and inter-industry levels has given little attention to the effects at the firm level. At the same time, research on collective bargaining impacts in higher education has focused on the overall wage level rather than on the distribution of salaries. Using panel data on individual faculty members, we find faculty unionization to be associated with a significant flattening of the wage distribution across academic disciplines. This has implications for why faculty might choose to unionize, even in the absence of an overall wage premium.

In cases involving unionization of graduate student research and teaching assistants at private U.S. universities, the National Labor Relations Board has, at times, denied collective bargaining rights on the presumption that unionization would harm faculty--student relations and academic freedom. Using survey data collected from PhD students in five academic disciplines across eight public U.S. universities, the authors compare represented and non-represented graduate student employees in terms of faculty--student relations, academic freedom, and pay. Unionization does not have the presumed negative effect on student outcomes, and in some cases has a positive effect. Union-represented graduate student employees report higher levels of personal and professional support, unionized graduate student employees fare better on pay, and unionized and nonunionized students report similar perceptions of academic freedom. These findings suggest that potential harm to faculty--student relationships and academic freedom should not continue to serve as bases for the denial of collective…

The variety of titles for non-tenure-track, part-time, contingent faculty and their semantic meanings are explored. The terms are not random when looked at collectively, but rather form a pattern which is indicative of contemporary post-secondary academic employment and culture. More specifically, these titles reflect several characteristics of the faculty who bear them: among others, the fact that they are not in full-time employment, the fact that their contracts are for shorter periods of time than those of tenure-track faculty, and the fact that their contracts reflect an expectation of impermanence in employment. Also expressed in the titles are more nuanced attitudes about these non-tenure-track faculty, how they serve the colleges and universities where they work, what expectations there are for them as employees, and how they are viewed by their colleagues and the administration. Finally, changes in these titles over time point to changing attitudes and, occasionally, the effect of unionization with its collective bargaining agreements on the status of these employees.

The Religious Model Disability is a punishment for spiritual flaws of oneself or one's family.Disabled people are morally flawed and should be shunned/avoided.Disability is stigmatized.

2) High school students attend college classes on one of ECC's three campuses 3) ECC authorizes a high school teacher to provide college credit bearing coursework to students in the high school 6

KeyCiteL:Cases and other legal materials listed in KeyCite Scope can be researched through the KeyCite

Fundamentals of Collective BargainingCollective bargaining is an economically rational behavior engaged in by two competing interest: employers and labor unions.Settlement between the two parties is reached at an equilibrium point at which both employer and employee perceive that they will be better off if they agree than if they do not.In the case of college faculty bargaining, the union's major goals are improved financial compensation, job security, and reduced work loads.Institutions of higher education, however, seek to conserve their scarce resources in order to maximize productivity, particularly in regard to institutional quality.(

 Listening for "why"  The critical communication skill  Positioning discussions to solve

 Plan changes to reduce costs and risks  Multiple accounting and reporting rules-GASB, Moody'

The Three-Legged Stool How SEIU Local 500 collective bargaining agreements are improving job security for part-time faculty.

This article examines the postdoctoral unionization movement at the University of California (UC) using case study methodology.More specifically, we examine postdoctoral union organizers involved in the United Automobile Workers of America (UAW) Local 5810, focusing on their efforts to unionize postdoctoral employees at the UC.The study is situated within the broader context of neoliberal influences and the corporatization of the contemporary U.S. research university.The case of the UC postdoc union movement is seen as particularly important given that approximately 1/10th of all U.S. university postdoctoral workers are employed at the UC and the quest to meet UC's postdoctoral research needs is increasingly global in nature.Accordingly, we rely on two primary sources of data: the collection and analysis of key documents and semistructured interviews with postdoctoral union organizers.The findings focus on three key issues: 1) conditions of workplace vulnerability; 2) challenges of organizing a postdoctoral union and negotiating a contract; and 3) outcomes of the unionization…

Outline of Approach• I am discussing the Report of the Board of Governors' Task Force on Workforce, Job Creation, and a Strong Economy as a policy document from the perspective of a national union analyst of higher education.• I am not speaking for NEA's state affiliate, the California Teachers' Association, nor am I speaking for any local that is bargaining over the implications of this report.

In 1999, the Union petitioned to represent all Graduate Assistants at the University.• Citing a 1977 ERB decision, the University objected to the petition on the ground that GAs who were teaching or performing research primarily to fulfill a degree requirement were not public employees.• Ultimately, after a consent election agreement, the ERB certified a bargaining unit of GAs that excluded those who taught or performed research primarily to fulfill a degree requirement.• In 2012, the Union filed this petition to add those previously-excluded GAs (767) to the existing bargaining unit (951).

PATIENCE• Patience may or may not be a virtue, but it is essential to CB. CB is a process, it's a lengthy process, and it will not end, no matter how badly you want it to, until everyone feels they have been fully heard and had

Acrimonious relations between the two camps • A very close election in 1981 led to a runoff, as only 49 votes out of 15,000 cast separated the two • Run-off in July 1982 even closer, only 12 votes difference 9 Karpf: Negotiating over Job Security for contingent Faculty: the CFA exp

Which CPI?• CPI-U: All Urban Consumers -Excludes rural, nonmetropolitan areas, farm families, persons in the ArmedServices, and those in institutions (e.g., prisons, mental hospitals)-Captures substitution across item categories by adjusting for shifts in consumer expenditure patterns; BLS "closest approximation" to true cost of living -National only; historical since 12/99; data lags ("initial" then "interim" for two years)• CPI-W: Wage and Clerical Workers -More than half of household income from hourly clerical or wage occupations and at least one household member employed 37 weeks of last 12 months -Excludes retirees, self-employed, unemployed, professional, managerial, and technical workers, etc.

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The Fair Labor Standards Act (FLSA or Act) guarantees a minimum wage and overtime pay at a rate of not less than one and one-half times the employee's regular rate for hours worked over 40 in a workweek.While these protections extend to most workers, the FLSA does provide a number of exemptions.The Department of Labor (Department) proposes to update and revise the regulations issued under the FLSA implementing the exemption from minimum wage and overtime pay for executive, administrative, professional, outside sales, and computer employees.This exemption is referred to as the FLSA's ''EAP'' or ''white collar'' exemption.To be considered exempt, employees must meet certain minimum tests related to their primary job duties and be paid on a salary basis at not less than a specified minimum amount.The standard salary level required for exemption is currently $455 a week ($23,660 for a full-year worker) and was last updated in 2004.By way of this rulemaking, the Department seeks to update the salary level to ensure that the FLSA's intended overtime protections are fully implemented, and…

time or who work a fulltime equivalent equal to or greater than twenty percent (0.2 FTE) and who are not excluded in the following paragraph, for the purpose of negotiating with respect to wages, hours and other conditions of employment.Hereinafter

The University recognizes the Association as the exclusive negotiating agent for all full-time teaching and/or research faculty and all part-time teaching and/or research faculty who are employed at 50% or more of full-time at the UMDNJ-School of Health Related Professions, but specifically excluding all faculty members who are employed by the University at less than 50% of full-time, all faculty members who in addition to their professorial titles hold any title which carries managerial, administrative, or supervisory responsibility

This work builds upon an analysis of regional universities that began in 2009, to build a geographically-based, quantifiable definition of the nation's regional universities. It builds on efforts begun by Katsinas (1993) to geographically map access oriented community colleges, which resulted in the geographic coding of Associate's Colleges as part of the 2005 and 2010 Basic Classification of Institutions of Higher Education published by the Carnegie Foundation for the Advancement of Teaching (Katsinas, Lacey, & Hardy, 2005). Key findings 1. Wide variation in salaries and fringe benefits based upon geographic region served. 2. Wide variation in salaries and fringe benefits based if collective bargaining exists. 3. Access institutions need a 21st century classification scheme to reflect mission, workload

California Community Colleges lead the state and nation in providing postsecondary career technical education (CTE) and training.Serving more than 2.1 million students, the 113 community colleges provide workforce training, basic skills education, and transfer preparation.Students can enroll in associate degree and certificate programs in 350 fields of study.The colleges also offer apprenticeship programs, short-term training aligned to thirdparty credentials, and incumbent worker training to upgrade skill sets in various industry sectors.Employers currently struggle to find workers who possess the necessary skills to fill job openings, and this skills gap is projected to grow.By 2025, 30 percent of all job openings in California -or a total of 1.9 million jobs -will require some form of postsecondary education short of a four-year degree.California's education pipeline is not keeping pace with the higher levels of skills and education required by employers and must significantly increase the number of individuals with industry-valued, middle-skill degrees, certificates and…

Education has long been recognized as the great equalizer in America.The U.S. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important.The sexual harassment of students, including sexual violence, interferes with students' right to receive an education free from discrimination and, in the case of sexual violence, is a crime.Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § § 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance.Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.In order to assist recipients, which include school districts, colleges, and universities (hereinafter "schools" or "recipients") in meeting these obligations, this letter 1 explains that the requirements of Title IX pertaining to sexual harassment…

the Regional Director for Region 1 issued a Decision and Direction of Election in which she applied New York University, 332 NLRB 1205 (2000) (NYU), to find that teaching assistants, research assistants, and proctors are employees within the meaning of Section 2(3) of the Act and constitute an appropriate unit for collective bargaining.Thereafter, in accordance with Section 102.67 of the Board's Rules and Regulations, Brown University (Brown) filed a timely request for review, urging the Board, inter alia, to reconsider NYU.The Petitioner filed an opposition.On March 22, 2002, the Board granted the request for review.Brown and the Petitioner filed briefs on review.Amicus curiae briefs also were filed. 1 The case presents the issue of whether graduate student assistants who are admitted into, not hired by, a university, and for whom supervised teaching or research is an integral component of their academic development, must be treated as employees for purposes of collective bargaining under Section 2(3) of the Act.The Board in NYU concluded that graduate student assistants are…

excluding graduate assistants from the Act's broad definition of "employee" was flawed and unsupported.Therefore, the Board should overrule Brown and return to its understanding that, where "the fulfillment of the duties of a graduate assistant requires performance of work, controlled by the Employer,

In the application of provisions of this Agreement or University regulations and policies affecting terms and conditions of employment, there shall be no unlawful discrimination by the University or the AAUP-AFT against any member of the bargaining unit because of race, creed, color, sex, religion, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, age, autism spectrum disorder, disability or atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, veteran status, affectional or sexual orientation, gender identity or expression, or membership or non-membership in or activity on behalf of or in opposition to the Union.These terms shall have the meaning as defined by the New Jersey Law Against Discrimination (NJLAD) as of the date of the alleged act of discrimination.'.

An analytical review of an observer and participant in the changes that have occurred on the campuses of both public and private (independent) universities and colleges with regard to the unionization of faculty, non-teaching professionals, support staff, and adjuncts.

Plaintiff, an Asian male (native of South Korea) was denied tenure at a state university and brought suit claiming racial discrimination.The Fifth Circuit noted:University tenure decisions represent a distinct kind of employment action, involving special considerations.In order to establish a prima facie case in the context of a denial of tenure, the plaintiff must show that: (1) he belongs to a protected group, (2) he was qualified for tenure, and (3) he was denied tenure in circumstances permitting an inference of discrimination.Evidence that supports a prima facie case includes departures from university procedures, conventional evidence of bias against he plaintiff, and evidence that the plaintiff is found to be qualified for tenure by some significant portion of the department faculty, reference, or other scholars in the particular field.Id. at 265.

reluctance of Whites to label ambiguous events as discriminatory)