Collective Bargaining Commons^™

Inaccessible Interpolated Imagery: How Coffee Farmers In The State Of Chiapas Might Access Political Economic Opportunity Through Representation, Paolo Fiann Bicchieri

Master's Theses

Here is a useful parable to boil down the idea of this project and set the tone: when one goes to the bar to tell a story about a fight at the bar, they would never venture to place themselves as the hero of the brawl, taking out three drunkards in a single punch, unless they were really in the bar, at that time, fighting a good fight. One would never do this as the bartender, locals, and regulars would all know if this were the case or not. Yet transnational corporations, governments, and even consumers do this all the …

Unlovable Labour: Rejecting The "Do What You Love" Ideology, Trey Dykeman

Richard T. Schellhase Essay Prize in Ethics

Miya Tokumitsu’s article ‘In the Name of Love’ is polemic against what she refers to as the DWYL (Do What You Love) movement that has been most recognisably popularised and transformed by Steve Jobs. She denounces this movement as an insidious ideology cleverly disguised as an uplifting lifestyle which has as its tenets labour, profit, and individualism; through her analysis of these tenets, she unveils them as alienation, erasure, and precarity, respectively. Her insights aid her in her aim to demonstrate that these ideological pillars do not support the wellbeing of the proletariat but rather reinforce the rugged structure of …

Asymmetries In The Bargaining Process, Margaret E. Winters

Journal of Collective Bargaining in the Academy

Although both sides in academic collective bargaining state that they are interested in the best interests of the institution, there are, of course, differences as to what these interests are and how they are to be achieved. Some of the divergences are differences of degree (the union may look for much larger raises for the economic good of their members and the administration team may look to maintain economic viability for the institution), while others are differences of kind, asymmetries in the process. The present paper considers the latter kind of difference, considering the teams, their planning processes, and their …

Retrenchment Clauses And The Problem Of Force Majeure: Evidence From Aaup Chapter Collective Bargaining Agreements In Ohio, Dominic Wells, Trey Peters

Journal of Collective Bargaining in the Academy

In May of 2020, the University of Akron administration invoked the force majeure clause in their collective bargaining agreement with faculty, which they used to justify bypassing the negotiated retrenchment procedures. The AAUP-Akron challenged the decision by administration, but ultimately lost in arbitration. Faculty at the university were laid off without consideration of rank or tenure status. The arbitrators decision in favor of the administration underscores the need for clear retrenchment language in contracts. This article analyzes the retrenchment language in AAUP chapter contracts in Ohio. Contracts are coded for language on financial exigency, conditions, consultation, order, alternatives, notice, and …

Pandemic Responses: What They Reveal About Crisis Management, Decision-Making, And Shared Governance, Daniel J. Julius

Journal of Collective Bargaining in the Academy

Colleges and universities have, by and large, responded well, one might say, very effectively as organizations, to the pandemic. This observation may come as a surprise because some would vehemently disagree. Surprising also because in many academic environments, decision-making around managing crises, let alone implementation of solutions, is slow, politicized, and often driven by personal or constituent agendas. Responding to internal or external challenges, implementing strategic plans or effectuating decisions proactively, particularly at the system or institutional level, is difficult. I believe this less than sanguine view is commonly held, and research on decision making in academic organizations over the …

Interest Groups, Local Politics, And Police Unions, Daniel Disalvo

Publications and Research

Police unions raise issues of great importance for political scientists. Yet, the field has neglected them. This essay argues that political scientists should see police unions as important interest groups, empowered by state collective bargaining laws, that are important players in local politics and shapers of the criminal justice system in America. The organizational properties that make police unions important interest groups are described. The important political questions that arise once we consider police union as interest groups are examined. The existing research on police unions—especially their impact on government costs and police behavior—is detailed. Ultimately, the study of collective …

Police Union Contracts And Impediments To Accountability: A Case Study Analysis Of Ppa Bargaining Agreements, Elizabeth Ott

University Honors Theses

Despite a growing widespread recognition that police unions represent a major component of policing and have major influences on aspects of policing such as disciplinary procedures, day-to-day management, and police-community relations, they have until recently been largely ignored by police scholars. In light of significant gaps in knowledge regarding police unions and the impacts that they have on law enforcement behavior and police accountability, this paper utilizes a case study approach to analyze all existing union contracts between the Portland Police Association (PPA) and the City of Portland in order to explore the prevalence of particular contract provisions that critics …

Working In Coalition, And Wall-To-Wall: The New Progressive Normal, Gary Rhoades

Journal of Collective Bargaining in the Academy

As the U.S. starts to come out of the pandemic, public declamations about and private deliberations within colleges and universities are framed in part by negotiating getting back to some form of “normal.” At the center of and delimiting these labor/management negotiations is an all-too-familiar master narrative articulated by management invoking a “new normal,” a time of conditions and challenges borne of, transmitted by, and/or accelerated and amplified due to Covid-19. Yet, I suggest that yet another iteration of disaster/disastrous academic capitalism is neither called for nor does it offer a compelling future for higher education. In addition, there is …

The Gig Academy: Naming The Problem And Identifying Solutions, Daniel T. Scott, Adrianna J. Kezar

Journal of Collective Bargaining in the Academy

Over the past few decades, workers (staff, faculty, postdocs, graduate students) in higher education face working conditions and employer relationships that are increasingly similar and exploitative. Higher education has seen the implementation, spread, and refinement of technologies of labor exploitation that have proliferated in the broader economy often termed the gig economy. In this article, we posit and articulate the features of the Gig Academy – a unique iteration of the gig economy. We first describe the shifts in employment structures that make up the Gig Academy. We then describe how this transformation of the academy has eroded community, shared …

Online Learning, Covid-19, And The Future Of The Academy: Implications For Faculty Governance And Collective Bargaining, Anthony Picciano

Journal of Collective Bargaining in the Academy

The purpose of this article is to speculate on the future of higher education as online technology, including adaptive learning (also referred to as personalized learning) infused by artificial intelligence software, develops and matures. This is a risky undertaking since predicting the future, and in this case the evolution of technology, is difficult. While many try to predict what will happen and sometimes get it right, predicting when something will happen is far more challenging. Online and blended learning have already advanced within education, but the most significant changes are yet to come. Evolving technologies have the potential to change …

Post-Pandemic Collective Bargaining In Higher Education: An Irresistible Force Meeting And Immovable Object?, James Ottavio Castagnera

Journal of Collective Bargaining in the Academy

Rider and the AAUP were last at the table for a full-fledged renegotiation of their contract during the summer of 2017.The bargaining was concessionary, as my university --- like so many small-to-medium sized private colleges --- struggled with a looming deficit. Last year, no doubt, the union and its members looked forward to a return to the table with high hopes of recuperating some of those 2017 concessions. But, as Humphrey Bogart once famously observed, fate took a hand.

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 Carey 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 provided …

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

Dickinson Law Review (2017-Present)

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. In the …

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

Graduate 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 history. …

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.