Labor Relations Commons^™

Demers V Austin, Ruling Of The United States Court Of Appeals For The Ninth Circuit, Theresa Chmara

Journal of Collective Bargaining in the Academy

The panel replaced its prior opinion, filed on September

4, 2013, and published at 729 F.3d 1011, with anew opinion,

denied a petition for panel rehearing, and denied a petition for

rehearing en bane on behalf of the court, in an action brought

pursuant to 42 U.S.C. § 1983 by a tenured associate

university professor who alleged that university

administrators retaliated against him in violation of the First

Amendment for distributing a short pamphlet and drafts from

an in-progress book.

The panel held that Garcetti v. Ceballos, 547 U.S. 410

(2006), does not apply to speech related to scholarship or …

Social Media And Academic Freedom Under Garcetti, Theresa Chmara

Journal of Collective Bargaining in the Academy

This handout summarizes Supreme Court cases involving academic freedom, including Garcetti v Ceballos.

A Guide To Academic Freedom, Frederick P. Schaffer

Journal of Collective Bargaining in the Academy

This brief introduction to the principles of academic freedom is intended for attorneys and other administrators who represent or work at colleges and universities. It has two purposes. The first is to introduce them to academic freedom as a set of professional principles regardless of whether or not they are legally enforceable. Attorneys and administrators need to understand the culture of the institutions they represent or serve. Nowhere is this more true than with colleges and universities, which have well established traditions and norms that influence the expectations and conduct of all those responsible for their governance, including faculty, administrators …

Academic Freedom And The First Amendment, Majorie Heins

Journal of Collective Bargaining in the Academy

This manuscript highlights many of the Supreme Court cases involving the First Amendment and the origins of academic freedom in the United States.

Employer Perspectives On ‘Zero Hours’ Contracts In Uk Higher Education, Laurence Hopkins, Helen Fairfoul

Journal of Collective Bargaining in the Academy

The use of casual and temporary labour in the UK labour market is not a new phenomenon, but an increase in the use of so-called ‘zero hours contracts’ has drawn considerable attention from pressure groups, the media and all three main political parties over the past 18 months. While official figures indicate that the majority of zero hours contracts are found in the retail, hospitality, and healthcare sectors, the use of these arrangements at higher education establishments has also attracted attention and has become an area of focus for HE trade unions. This paper begins with a review of the …

Australia’S Casual Approach To University Teaching, Robyn May, Glenda Strachan, David Peetz

Journal of Collective Bargaining in the Academy

No abstract provided.

Trends In Labor Management Issues At Historically Black Colleges And Universities, Derryn Moten

Journal of Collective Bargaining in the Academy

The uniqueness of Historically Black Colleges and Universities make achieving collective bargaining on these campuses problematic. All but a handful of black colleges are located in the south, a region with a well-established aversion to organized labor. The South’s history of plantation slavery coupled with feudal peonage labor and Big Mule politics is antithetical with notions of fair wages, reasonable benefits and work hours, and safe working environments. Something similar can be argued about shared governance on the campuses of HBCUs where labor trends favoring union representation of staff trails the success achieved on many Historically White Colleges and Universities …

Shaping Shared Governance For Success At Hbcus, Carrie M. Gavin

Journal of Collective Bargaining in the Academy

No abstract provided.

Trends In Labor Management Issues At Historically Black Colleges And Universities, Elizabeth K. Davenport

Journal of Collective Bargaining in the Academy

The mobilization of workers through unionization has deep historical roots within American society; more so in the northern regions thanin the southern region of this country.Despite these historical roots,some sectors of the American population (i.e., minorities in general and AfricanAmericans in particular) who have experienced various forms of discrimination have not fully participatedin the unionization movement. This is especially true of the faculty in historically

Black Colleges and Universities (HBCUs). As a result of thevarious forms of discriminationthat not only denied them meaningful participation in the labor market but restricted their economic success, and the segregation that resulted from the …

What Is Going On With The Aca? Do Universities Really Care About Your Wellness?, Howard Bunsis

Journal of Collective Bargaining in the Academy

This presentation focused on how universities are handling the Affordable Care Act (ACA, colloquially known as Obamacare).

The Effect Of Part-Time Faculty On Student Degree Or Certificate Completion In Two-Year Community Colleges, Hongwei Yu

Journal of Collective Bargaining in the Academy

No abstract provided.

The Delphi Project On The Changing Faculty And Student Success, Daniel Maxey

Journal of Collective Bargaining in the Academy

No abstract provided.

The California State University Bottleneck Courses Survey Report, Michelle Kiss

Journal of Collective Bargaining in the Academy

No abstract provided.

2014 Conference Program

Journal of Collective Bargaining in the Academy

This document is the program of the 41st annual conference of the National Center for the Study of Collective Bargaining in Higher Education and the Professions.

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.

Bargaining Market Equity Adjustments By Rank And Discipline, Jonathan P. Blitz, Jeffrey F. Cross

Journal of Collective Bargaining in the Academy

Faculty contract negotiations generally include wages, hours, and other conditions of employment as well as mutually agreed non-mandatory subjects of bargaining. Negotiators typically address wages in terms of across-the-board increases, promotion in rank, merit increases, and one-time signing bonuses. Less typically, faculty salary negotiations include various forms of equity adjustments and salary increases linked to the underlying market and social forces and to salary compression that may, or may not, be related to these forces. The authors describe how they negotiated differential discipline-specific target salaries based in part on College and University Personnel Association faculty salary data.

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 …

Organizational Culture, Knowledge Structures, And Relational Messages In Organizational Negotiation: A Systems Approach, Vincent P. Cavataio, Robert S. Hinck

Journal of Collective Bargaining in the Academy

This study examines a recent bargaining process between the Faculty Association and Central Michigan University. Taking a systems approach, we began with the assumption that a healthy organizational culture produces negative feedback which can help keep participants at the bargaining table despite disagreement. However, if organizational members’ relationships are threatened, organizational culture unravels as destructive messages provide positive feedback to disrupt the system and make impasse more likely. To understand how an university’s culture is impacted during contract negotiations we examined messages published in a university student newspaper, transcripts from the local NPR station, CMU’s press releases, a Facebook page, …

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 …

Positive Collaboration: Beyond Labor Conflict And Labor Peace, Richard Boris

Journal of Collective Bargaining in the Academy

Institutions of higher education collectively constitute a major economic concentration that ranks—by whatever measure: resources, budgets, endowments, employees, constituencies—among the major industries in the United States. The unionized academic U.S. workforce ranks sixth among organized labor. Yet, when compared to the top-tier manufacturing industries of steel or automobile or to national unions such as the UAW or the Teamsters, both the public institutions of higher education and their academic unions lack national visibility, lack influence on national debates, and, most tellingly, lack major successes in the quest for public monies. Health care, the environment, energy policies, and the current global …