Collective Bargaining Commons^™

Lifting Labor’S Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance, Leo E. Strine Jr., Aneil Kovvali, Oluwatomi O. Williams

Faculty Scholarship at Penn Law

In view of the decline in gain sharing by corporations with American workers over the last forty years, advocates for American workers have expressed growing interest in allowing workers to elect representatives to corporate boards. Board level representation rights have gained appeal because they are a highly visible part of codetermination regimes that operate in several successful European economies, including Germany’s, in which workers have fared better.

But board-level representation is just one part of the comprehensive codetermination regulatory strategy as it is practiced abroad. Without a coherent supporting framework that includes representation from the ground up, as is ...

Antitrust Changeup: How A Single Antitrust Reform Could Be A Home Run For Minor League Baseball Players, Jeremy Ulm

Dickinson Law Review

In 1890, Congress passed the Sherman Antitrust Act to protect competition in the marketplace. Federal antitrust law has developed to prevent businesses from exerting unfair power on their employees and customers. Specifically, the Sherman Act prevents competitors from reaching unreasonable agreements amongst themselves and from monopolizing markets. However, not all industries have these protections.

Historically, federal antitrust law has not governed the “Business of Baseball.” The Supreme Court had the opportunity to apply antitrust law to baseball in Federal Baseball Club, Incorporated v. National League of Professional Baseball Clubs; however, the Court held that the Business of Baseball was not ...

The Past And The Present: Two Paradigms Of The Sino-African Investment, Emma Weirich

International Political Economy Theses

Outward foreign direct investment (OFDI) has obvious economic and political connections between the recipient and donor countries. Such investment can benefit both sides and carry certain costs to both, whether through global scrutiny or domestic struggles. This these seeks to add to the ongoing discussion of China's OFDI to Africa by comparing China's investment during its socialist period (1949-1976) and its post-socialist era (1977 – present). This comparison reveals that China's foreign policy has transitioned from a socialist paradigm to a capitalist one in the last seven decades, which brought significant changes in its OFDI policies and practice ...

Hello Girls On Strike: Telephone Operators, The Fort Smith General Strike And The Struggle For Democracy In Great War Arkansas, Kyra Schmidt

Theses and Dissertations

In September 1917, Fort Smith telephone operators formed a local of the International Brotherhood of Electrical Workers. Soon after, company leaders dismissed two of the women who were instrumental in the formation of the union. After many attempts to meet and negotiate with the company leaders, the remaining operators walked out and began striking on September 19. This strike lasted almost four months and brought chaos into the city including the indictments, trials, and convictions of the mayor, J. H. Wright, and chief of police, Jim Fernandez. The election after Wright’s conviction saw the first female votes in Arkansas ...

Invisible Hand Or Collective Command: Unionized Effect On State Wages, Michael Felix

Business and Economics Presentations

No abstract provided.

Organizing Of Teaching Faculty In Private Higher Education Bucks A Long-Standing Historical Trend In American Unionization, James Castagnera

Journal of Collective Bargaining in the Academy

No abstract provided.

Revitalizing Scholarship On Academic Collective Bargaining, Daniel J. Julius

Journal of Collective Bargaining in the Academy

Research on unions in academe began in the 1960s and 1970s. It continued in the 1980s as greater numbers of faculty organized but then declined in the 1990s, with the exception of a small group of scholars who continue to study and comment on labor management relations in post-secondary education. Many prognostications, originally put forward in the 1970s and 1980s, remain unexamined. The last two decades in particular, have seen less attention focused on unions in academe. Organizing efforts continue to be robust, and advocates from all vantage points continue to offer arguments both in favor or against collective bargaining ...

Adjuncts And The Chimera Of Academic Freedom, Deirdre M. Frontczak

Journal of Collective Bargaining in the Academy

The last 40 years have seen a dramatic shift in the hiring, evaluation and promotional structures prevalent in higher education. While the model of a largely full time, tenure-track faculty continues to be the ideal of most academic institutions, economic, political and social changes have eroded that model. A substantial percentage, typically a majority, of college and university faculty are now hired on a contingent or part-time basis, with fiscal and other conditions determining job security, compensation, professional advancement, and an opportunity to participate in governance of departments and institutions. This paper examines the unseen impact that such hiring practices ...

The California Faculty Association: Keeping Racial And Economic Justice At The Forefront, Jennifer Eagan

Journal of Collective Bargaining in the Academy

Remarks made at the National Center for the Study of Collective Bargaining in Higher Education and the Professions California Conference at California State University, Long Beach, CA on December 6, 2019.

Strong Fusion Of Social Unionism And Normative Contract Negotiations: A Square Peg In A Round Hole?, Barry Miller

Journal of Collective Bargaining in the Academy

This paper considers a recent strike at York University in Toronto, Canada by three units of Canadian Union of Public Employees (CUPE) Local 3903, representing teaching assistants, contract or adjunct faculty and graduate assistants. The consideration of the strike has a two-fold purpose: The first is to situate it within the concept of social unionism, illustrating how this concept assists in understanding the strike beyond its strictly local and sector context. The second purpose is to consider how the strike reflects back on social unionism. In this regard, the paper considers challenges that can arise from the fusion of normative ...

Examining The Employment Profile Of Institutions Under The Mission-Driven Classification System And The Impact Of Collective Bargaining, Louis Shedd, Stephen G. Katsinas, Nathaniel Bray

Journal of Collective Bargaining in the Academy

The focus of this study is an analysis of institutions, salary expenditures, employment categories (full-time professors by academic rank), and number and average pay of full-time faculty. Our new mission-driven classification system provides the framework for the analysis and specifically presents the data by both the presence or lack of a collective bargaining agreement. The goal of this paper is to illustrate differences in monetary compensation of full time faculty using the mission-driven classification system (as opposed to the Carnegie Classification) and to see the impact of the presence or lack of collective bargaining agreements. We argue that the Carnegie ...

Maintaining Peer-Based Faculty Evaluation: A Case Study Involving Student Surveys Of Teaching, Laura Murphy, Leah M. Akins

Journal of Collective Bargaining in the Academy

Bargaining regarding faculty evaluation is challenging in an environment in which administrators throughout higher education have successfully imposed corporate-style forms of evaluation and supervision that many have come to accept as normal, despite their incompatibility with principles of academic freedom and peer-review. Student surveys of teaching are increasingly central to this management strategy, despite the growing body of evidence indicating bias against historically marginalized groups in student survey results. This paper presents a case study of contract negotiations undertaken in 2016 at Dutchess Community College (SUNY) in Poughkeepsie, New York. During these negotiations the college administration sought to expand the ...

Does A Prolonged Faculty Strike In Higher Education Affect Student Achievement In First Year General Education Courses?, Stephen J. Jacquemin, Christine R. Junker, Mark Cubberley

Journal of Collective Bargaining in the Academy

The effect of faculty strikes in higher education on student achievement is vastly understudied yet has broad implications for discerning potential consequences of labor disputes in academia. Research in this area is understandably difficult, however, as work stoppages in higher education are uncommon, unplanned, and typically brief, which precludes much of the comparative data needed to assess impacts on students. In the spring semester of 2019,WrightStateUniversityexperienced a nearly three-week faculty work stoppage as a result of failed contract negotiations. In this study, end-of-course grades for six undergraduate first-year courses taught prior to and during Spring 2019 by the same ...

Labor Unions And Equal Pay For Faculty: A Longitudinal Study Of Gender Pay Gaps In A Unionized Institutional Context, Rodrigo Dominguez-Villegas, Laurel Smith-Doerr, Henry Renski, Laras Sekarasih

Journal of Collective Bargaining in the Academy

Previous single university studies of gender equity in faculty salaries conducted at both private and public universities in the U.S. have consistently found significant within-job gender gaps in pay. This study presents data from a less common labor context for faculty: a strongly unionized campus. Using data on all faculty at a large public university 2003-2015, three kinds of multivariate analyses are conducted: OLS multivariate regressions that include controls for race, field, and rank; Blinder-Oaxaca decomposition models to identify the explained and unexplained portions of the gender gap; and innovative longitudinal models for wage growth trajectories to examine the ...

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 ...

The Effect Of Organizational Tenure, Bargaining Unit Status, And Union Membership On Local Government Employee Public Service Motivation, Ty Ryburn

Theses and Dissertations

Two of the largest challenges public organizations face in motivating their workforces are the aging workforce and the strong union influence (Lavigna, 2014). On June 27, 2018, the United States Supreme Court ruled in Janus vs. AFSCME to abolish agency fees, and gave public service employees in bargaining units the right to choose whether they want to pay union dues or pay no fees at all.

In examining the unique motivational factors of employees in the public sector, Perry and Wise (1990) developed a theory called Public Service Motivation (PSM). Later, Perry (1996) developed a survey instrument which despite criticism ...

Academic Collective Bargaining: Status, Process, And Prospects, Daniel J. Julius, Nicholas Digiovanni Jr.

Academic Labor: Research and Artistry

The authors provide a perspective, as scholars and practitioners, of the organizational, demographic, legal and contextual variables that inform the past and the future of faculty unions in U.S. colleges and universities. They ask, how best to conceptualize and evaluate the impact of faculty unions; from the inception of academic unionization in the 1960’s to the present, and further, what is known and not known about collective bargaining. Issues examined include: factors that influence negotiation processes, governance, bargaining dynamics, the institutional and demographic factors associated with faculties who vote in unions, compensation and the legal status of graduate ...

Intergroup Solidarity And Collaboration In Higher Education Organizing And Bargaining In The United States, Daniel Scott, Adrianna J. Kezar

Academic Labor: Research and Artistry

For too long in higher education, different worker groups have conceived of themselves as separated by distinct, even competing interests. The isolation between groups reduces communication, fosters unawareness of common interests, and hinders their ability to effectively collaborate in solidarity, as does the divided and largely independent structure of the unions and bargaining units representing them. Without greater collaboration and solidarity, members of the higher education community are less able to resist the harmful trends that have been transforming the sector over the previous decades, subjecting them to increasingly similar working conditions and distancing higher education from its student learning ...

Jewish Time Jump: New York, Owen Gottlieb

Articles

Jewish Time Jump: New York (Gottlieb & Ash, 2013) is a place-based mobile augmented reality game and simulation that takes the form of a situated documentary. Players take on the role of time traveling reporters tracking down a story “lost to time” to bring back to their editor at the Jewish Time Jump Gazette. The game is played in Washington Square Park in Greenwich Village, New York City. Players’ iPhones become their time traveling device and companion. Based on the player’s GPS location, players receive digital images from their location from over a hundred years in the past as well ...

Toward Fair And Sustainable Capitalism: A Comprehensive Proposal To Help American Workers, Restore Fair Gainsharing Between Employees And Shareholders, And Increase American Competitiveness By Reorienting Our Corporate Governance System Toward Sustainable Long-Term Growth And Encouraging Investments In America’S Future, Leo E. Strine

Faculty Scholarship at Penn Law

To promote fair and sustainable capitalism and help business and labor work together to build an American economy that works for all, this paper presents a comprehensive proposal to reform the American corporate governance system by aligning the incentives of those who control large U.S. corporations with the interests of working Americans who must put their hard-earned savings in mutual funds in their 401(k) and 529 plans. The proposal would achieve this through a series of measured, coherent changes to current laws and regulations, including: requiring not just operating companies, but institutional investors, to give appropriate consideration to ...