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The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …

Contracts With Community College Adjunct Faculty Members And Potential Supplemental Benefits To Increase Satisfaction, Kimberly Ann Page

Journal of Collective Bargaining in the Academy

ABSTRACT

As state funding to community colleges has fluctuated, many community colleges have hired more adjunct faculty (Desrochers & Hurlburt, 2014).

This qualitative research explored supplemental benefits, which could be included in adjunct faculty contracts with community colleges in order to promote workplace satisfaction, without causing stress on budgets. Adjunct faculty who realize greater job satisfaction are more beneficial to their institutions because they promote student learning and retention (CCCSE, 2014b; Hollenshead, 2010; Jacoby, 2006).

The descriptive study included three phases: record reviews, interviews with key informants and elite informants, and a reflective questionnaire. New England was selected as the …

The History Books Tell It? Collective Bargaining In Higher Education In The 1940s, William A. Herbert

Journal of Collective Bargaining in the Academy

This article presents a history of unionization and collective bargaining in higher education during and just after World War II, decades before the establishment of statutory frameworks for labor representation. It examines the collective bargaining program adopted by the University of Illinois in 1945, along with contracts negotiated at other institutions, which demonstrated support for employee self-organization. It will also presents counter-examples of institutions using the courts and congressional investigators to defeat unionization efforts. . Lastly, the article will examine the role of United Public Workers of America (UPWA) and its predecessor unions in organizing and negotiating on behalf of …

The Matriculation Of The Micro-Unit On The College Campus, Barnett L. Horowitz

Journal of Collective Bargaining in the Academy

To the extent the world of higher education was following the National Labor Relations Board there was probably limited focus on the Board’s Specialty Healthcare case allowing for the so-called “micro-unit”. Board decisions as to the employee status of tenure track faculty or football players or graduate teaching or research assistants were likely to be of greater interest. Yet the recent holding in Columbia University that students providing instructional services were also employees subject to the Act’s coverage put the micro-unit in play on the college campus. Almost immediately after this decision petitions were filed at Yale seeking representation of …

The Impact Of Pacific Lutheran On Collective Bargaining At Catholic Colleges And Universities, Maryann Parker, Saerom Park

Journal of Collective Bargaining in the Academy

In 1979, the Supreme Court found that teachers at a Catholic parochial school were exempt from the National Labor Relations Act (NLRA) because of First Amendment religious infringement risks. Subsequently, the National Labor Relations Board (NLRB) has faced controversy over its efforts to delineate an appropriate test for the religious exemption in the higher education context. This uncertainty over the NLRB’s test has resulted in time-consuming litigation and hampered faculty’s ability to organize at schools where Board jurisdiction would not present a significant risk of First Amendment infringement. This paper argues that the Board’s recent decision in Pacific Lutheran University …

Northwestern University And College Athletes Players Association, Amy L. Rosenberger

Journal of Collective Bargaining in the Academy

While many public universities have been bargaining with student-employee unions for decades, the National Labor Relations Board has struggled with the notion of allowing bargaining on behalf of student-employees at private institutions. In recent years, the Board has twice changed course on the question, granting bargaining rights to graduate assistants at New York University in 2000, and four years later reversing itself in a case involving Brown University. The Board is now poised to rule on another case – this one involving student athletes at Northwestern University – which may present an opportunity to once again revisit the broader student-employee …

Negotiating For Curriculum & Class Size, 2011-13: One Faculty Union’S Perspective, Steve Hicks, Amy L. Rosenberger

Journal of Collective Bargaining in the Academy

The article walks the reader through the process of proposing, revising, and finally accepting by both sides of a new clause in the APSCUF-PASSHE collective bargaining agreement covering curriculum and class size. The clause took multiple forms over the course of over two years of negotiations and reveals the evolving priorities of the two sides over time.

Collective Begging At Its Best: Labor-Management Relations In South Dakota, Gary Aguiar

Journal of Collective Bargaining in the Academy

Public employee labor unions in South Dakota possess a feeble set of bargaining rights, so weak it should be considered “collective begging.” However, our recent contract contains significant victories despite decades of playing defense. What lessons can be learned from this experience that might help other similarly situated faculty unions? What does this case study teach us about the disparity of power, especially where labor has fewer legal and political tools than management? I apply DiGiovanni’s (2011) typology of “intangible influences” on collective bargaining to explain our success. As DiGiovanni predicts, history and timing played a large role in influencing …

Shelter From The Storm: Rekindling Research On Collective Bargaining And Representation Issues, William A. Herbert

Journal of Collective Bargaining in the Academy

The National Center for the Study of Collective Bargaining in Higher Education and the Professions (National Center) is a four-decade old institution that is supported by and located at Hunter College, City University of New York. The National Center was founded in the wake of the granting of collective bargaining rights by various states and localities to public employees including higher education faculty members and shortly after the National Labor Relations Board (NLRB) asserted jurisdiction over private institutions of higher education.

Consistent with its mission, the National Center intends to be an engine for rekindling, incubating and promoting research and …

Ohio Sb5 And The Attempt To “Yeshiva” Public University Faculty, Mary Ellen Benedict, Louis M. Benedict

Journal of Collective Bargaining in the Academy

In 2011, the introduction of Ohio Senate Bill 5 (SB5) attempted to drastically curtail public sector collective bargaining in Ohio. The bill included a proposed amendment designed by the Inter-University Council of Ohio, an organization of the top administrators of the state universities in Ohio, under the guise of applying the United States Supreme Court’s decision in NLRB v. Yeshiva to faculty at Ohio’s public universities. The avowed intent of the proposed language was to classify all faculty as supervisors or managers and thereby make them ineligible to bargain collectively. After mounting opposition and grass roots efforts, SB5 was ultimately …