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Full-Text Articles in Labor Relations

An Overview Of Collective Bargaining In The United States, Lance A. Compa Nov 2014

An Overview Of Collective Bargaining In The United States, Lance A. Compa

Lance A Compa

[Excerpt] American history reflects a long cycle of trade union decline and growth. Analysts routinely predict the death of the labor movement. (Yeselson 2012). Heralds of labor’s demise often argue that unions were needed in the past, but modem, enlightened management and the need for economic competitiveness make them obsolete. (Troy 1999). But then, workers fed up with employers’ exploitation decide to find new ways to defend themselves. History does not repeat itself, and conditions now are not the same as those spurring the great organizing drives of the 1930s and ‘40s. Still, American workers have shown deep resourcefulness over …


Ten Steps In Trial Preparation, Maureen Seidel Sep 2014

Ten Steps In Trial Preparation, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.


Arbitrability And Framing The Issue, Maureen Seidel Sep 2014

Arbitrability And Framing The Issue, Maureen Seidel

Journal of Collective Bargaining in the Academy

No abstract provided.


Annual Legal Update, Aaron Nisenson Sep 2014

Annual Legal Update, Aaron Nisenson

Journal of Collective Bargaining in the Academy

This was a year of great expectations in the field of higher education law, and it continues as such, with our expectations unfulfilled. There were some significant decisions issued shortly after the last Annual Conference. In June of 2013, the U.S Supreme Court issued five decisions of importance to faculty members and institutions: in Fisher (infra at pg. 12), the Court reaffirmed the legal standard applicable to affirmative action in higher education admissions; in two employment law cases, Nassar and Vance, (infra at pg. 14-15) the Court addressed the standard of proof in retaliation cases and the issue of supervisory …


Recent Developments At The National Labor Relations Board And The Impact On Colleges And Universities, Nicholas Digiovanni Esq. Sep 2014

Recent Developments At The National Labor Relations Board And The Impact On Colleges And Universities, Nicholas Digiovanni Esq.

Journal of Collective Bargaining in the Academy

No abstract provided.


Impacts Of Moocs On Intellectual Property Rights And Collective Bargaining, Nicholas Anastasopoulos Sep 2014

Impacts Of Moocs On Intellectual Property Rights And Collective Bargaining, Nicholas Anastasopoulos

Journal of Collective Bargaining in the Academy

Massive Open Online Courses (“MOOCs”) are free, online courses offered by institutions of higher education to individual users across the world, and in the vast majority of cases, without any admissions criteria. MOOCs are popular with individuals because they offer unprecedented, free access to the best institutions in the world that were previously inaccessible to the vast majority of the population–all a user needs is a computer and Internet access. College and university administrators are excited about MOOCs because of the marketing reach and additional revenues available through this medium. Professors are excited to have their lectures seen by as …


Countering Contingency?, Richard Westbury Nettell Sep 2014

Countering Contingency?, Richard Westbury Nettell

Journal of Collective Bargaining in the Academy

The University of Hawai‘i Professional Assembly (UHPA) represents higher education faculty across the state, in a system that includes one major research university, two four-year colleges, and six community colleges. Qualification to be a member of the bargaining unit (and receive full health benefits) is 50% employment. Furthermore, the term “faculty” includes not only instructional faculty (including lecturers, who are by definition temporary, and instructors, who are longer-term but non-tenure-track), but also researchers, librarians, counselors, and others who come under the general designation of specialist. This basically means everyone working in the state’s higher education system is part of the …


Article Xxi(A), Non-Tenure Track Faculty Contract (Amherst), Holly Lawrence Sep 2014

Article Xxi(A), Non-Tenure Track Faculty Contract (Amherst), Holly Lawrence

Journal of Collective Bargaining in the Academy

No abstract provided.


Taking The Adjunct Out Of Adjunct Faculty, Holly Lawrence Sep 2014

Taking The Adjunct Out Of Adjunct Faculty, Holly Lawrence

Journal of Collective Bargaining in the Academy

No abstract provided.


Distance Learning Best Practices And Collective Bargaining, Michael M. Mcdermott Sep 2014

Distance Learning Best Practices And Collective Bargaining, Michael M. Mcdermott

Journal of Collective Bargaining in the Academy

No abstract provided.


An Exploratory Multi-Case Study Of The Perceptions And Views Of Academic Faculty Union Members Relative To Online Distance Education, Collective Bargaining & Related Policy, Dianne A. Wright, Damon A. Davis Sep 2014

An Exploratory Multi-Case Study Of The Perceptions And Views Of Academic Faculty Union Members Relative To Online Distance Education, Collective Bargaining & Related Policy, Dianne A. Wright, Damon A. Davis

Journal of Collective Bargaining in the Academy

No abstract provided.


Protecting Academic Freedom For Faculty Working On Contingent Contracts: Contract Language For Full-­‐Time Faculty At Wright State University, Rudy Fichtenbaum Sep 2014

Protecting Academic Freedom For Faculty Working On Contingent Contracts: Contract Language For Full-­‐Time Faculty At Wright State University, Rudy Fichtenbaum

Journal of Collective Bargaining in the Academy

No abstract provided.


Collective Bargaining Results Regarding Contingent Faculty, Rudy Fichtenbaum Sep 2014

Collective Bargaining Results Regarding Contingent Faculty, Rudy Fichtenbaum

Journal of Collective Bargaining in the Academy

No abstract provided.


A Provost's View, Margaret E. Winters Sep 2014

A Provost's View, Margaret E. Winters

Journal of Collective Bargaining in the Academy

No abstract provided.


Using Social Media In Your Negotiations, Michael T. Loconto Sep 2014

Using Social Media In Your Negotiations, Michael T. Loconto

Journal of Collective Bargaining in the Academy

In the age of social media, public pronouncements

on private negotiations have

become increasingly common. Social media

is affecting negotiations in other ways

as well. What potential benefits do socialmedia

formats lend to negotiation, and

what pitfalls do the technologically savvy

need to guard against? In this article, we

examine the pros and cons of negotiating in

the digital age.


Australia’S Casual Approach To University Teaching, Robyn May, Glenda Strachan, David Peetz Sep 2014

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

Journal of Collective Bargaining in the Academy

No abstract provided.


Major League Baseball's Antitrust Exemption And The Impact Of The Curt Flood Act, Gina Scalzo Apr 2014

Major League Baseball's Antitrust Exemption And The Impact Of The Curt Flood Act, Gina Scalzo

Senior Honors Theses

For many years, professional baseball has enjoyed a privileged antitrust exemption apart from other professional sports. With the passing of the Curt Flood Act in 1998 this exemption was removed; however, the act may not be as influential as it seems. Court rulings were prominent in initiating and maintaining the antitrust exemption for professional baseball. These include the Supreme Court Trilogy, especially the case of Curt Flood, a baseball player who fought against the reserve clause system which limited his and other players’ employment options. Collective bargaining as well as arbitration became dominant in professional baseball labor relations under the …


Organizational Culture, Knowledge Structures, And Relational Messages In Organizational Negotiation: A Systems Approach, Vincent P. Cavataio, Robert S. Hinck Jan 2014

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, …


Positive Collaboration: Beyond Labor Conflict And Labor Peace, Richard Boris Jan 2014

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 …


Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow Dec 2013

Lessons From The Nba Lockout: Union Democracy, Public Support, And The Folly Of The National Basketball Players Association, Matthew J. Parlow

Matthew Parlow

By most accounts, the National Basketball Players Association (NBPA) — the union representing the players in the NBA — conceded a significant amount of money and other contractual terms in the new ten-year collective bargaining agreement (2011 Agreement) that ended the 2011 NBA lockout. Player concessions were predictable because the NBA’s economic structure desperately needed an overhaul. The magnitude of such concessions, however, was startling. The substantial changes in the division of basketball-related income, contract lengths and amounts, salary cap provisions, and revenue sharing rendered the NBA lockout — and the resulting 2011 Agreement — a near-complete victory for the …