Labor Relations Commons^™

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

Journal of Collective Bargaining in the Academy

No abstract provided.

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

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

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

Journal of Collective Bargaining in the Academy

No abstract provided.

Collective Bargaining Results Regarding Contingent Faculty, Rudy Fichtenbaum

Journal of Collective Bargaining in the Academy

No abstract provided.

Contingent Faculty In Higher Education, Ken Hawkinson

Journal of Collective Bargaining in the Academy

No abstract provided.

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

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.

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Journal of Collective Bargaining in the Academy

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …

Fiduciary Tool Kit For Compliance: Common Errors In Qualified And Nonqualified Retirement Plan Administration, Susan E. Bernstein, Mark E. Brossman, Hugh A. Mallon Iii

Journal of Collective Bargaining in the Academy

The Investment Company Institute reported that

U.S. retirement plan assets reached $21.7 trillion

as of Sept. 30, 2013, which represents 34 percent of

all household financial assets in the U.S.1 The Department

of Labor reported in June 2013 that 88.7 million

Americans have defined contribution plan accounts,

based on data from 2011 annual reports.2 With so many

millions of people depending on these plans for retirement

security, the government has placed significant legal

requirements on the role of fiduciaries. Employers

that sponsor retirement plans are being put under an increasingly

high degree of scrutiny for their actions and

inactions with …

Legislative Perspectives On Effectiveness And Cost Savings In Higher Education, Stephen G. Katsinas

Journal of Collective Bargaining in the Academy

No abstract provided.

Who Owns Online Curriculum And Content? A Primer On Intellectual Property, Jon Garon

Journal of Collective Bargaining in the Academy

The ownership of copyrights in a faculty member’s copyrighted works has been a source of tension between labor and management for many years, affecting content created for the classroom, for scholarship, and for creative endeavors. Ownership of on-line learning content adds to these tensions and presents a number of important labor-management and pedagogical issues. The legal default rules of copyright provide the starting point for negotiations between labor and management. This panel will explore whether the institution or the faculty member owns the intellectual property associated with on-line learning, course content, and other works. In addition, it will present practical …

Grievance Processing And Arbitration, Howard Parish

Journal of Collective Bargaining in the Academy

No abstract provided.

Handout: Robert Ufberg, Esq., "Which Form Will Your Negotiations Take: Art, Drama, Combat, Or Symphony? Why, When And How To Exercise Each Option...And Sometimes More", Deborah Williams Esq.

Journal of Collective Bargaining in the Academy

Williams' handout is Robert Ufberg, Esq.,'s paper from the 2011 Proceedings of the National Center for the Study of Collective Bargaining in Higher Education and the Professions annual meeting.

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.