Labor Relations Commons^™

It’S Been A Great Career: Legendary Labor Attorney Reflects On 50 Years Of Change In Academic Collective Bargaining, Karen Stubaus

Journal of Collective Bargaining in the Academy

Nick DiGiovanni, legendary labor and employment attorney, reflected on over 50 years of academic labor relations and collective bargaining work in a recent conversation with Journal of Collective Bargaining in the Academy Co-Editor Karen Stubaus, as he prepared to retire from Morgan, Brown & Joy. Nick’s son and colleague Damien DiGiovanni, also a partner at the firm, joined in the conversation to bring his perspective to some of the issues currently confronting the field.

Strategies In Bargaining Faculty Retrenchment Provisions: Insights From Cases Of Implementing Contract Language, Gary Rhoades

Journal of Collective Bargaining in the Academy

In this article on faculty (and professional staff) retrenchment, based on my recent national analysis of 506 collective bargaining agreements, I delineate four strategies to negotiating the topic found in contract provisions (with more than one strategy often found in the same contract). The strategies are: Procedural (focused on due process); consultative (addressing employee involvement in deliberations); conditional (defining pre-conditions of retrenchment); and re-alignment (speaking to reversing the decades-long relative disinvestment in academic and student facing professional staff). In exploring four cases of institutions—two community colleges and two universities—experiencing retrenchment, I consider how the contract provisions have played out in …

Academic Freedom In Graduate Student Union Collective Bargaining Agreements, Madeline Rowe

Journal of Collective Bargaining in the Academy

Graduate student unionization has rapidly increased over the last decade, with almost 40% of graduate student employees unionized by 2024. Yet, little is known about how these contracts address graduate students’ academic freedom – an often-ambiguous area due to graduate students’ dual roles on campus as both employees and students. Using textual analysis of thirteen collective bargaining agreements, this study examines how graduate student collective bargaining agreements include and address matters of academic freedom and the implications this may have on graduate students’ roles on campus and in the greater campus hierarchy. Results reveal that graduate student collective bargaining agreements …

Forcing The Issue: Nebraska’S Collective Bargaining Stand-Off, Shannon Cummins

Journal of Collective Bargaining in the Academy

This paper describes the unusual collective bargaining landscape for public academic institutions in the state of Nebraska where state legislation has mandated both pay transparency and limits to the collective bargaining process. Specifically, it explores the unprecedented 2024-2025 bargaining cycle which relied on innovative union tactics of nationwide freedom of information requests (FOIA) to reach contract agreement in the face of twelve years of administration stonewalling tactics. The case study of Nebraska is important as it provides an actual account of negotiations where state limits on collective bargaining have yet to be tested in the courts.

One Faculty, One Mission: A Unified Faculty Model For California Community Colleges, Debbie Klein

Journal of Collective Bargaining in the Academy

This article advances a unified, non-tiered faculty model as essential to fulfilling the mission of the California Community Colleges (CCC) system. Although the system is charged with realizing open access and educational equity, nearly 70% of faculty serve in part-time or contingent roles—often without proportional compensation, institutional stability, or meaningful participation in governance. Drawing on research demonstrating that faculty working conditions shape student learning conditions, the article argues that structural employment inequities undermine the system’s democratic promise. Situating the proposal within national “One Faculty” efforts and recent legislative attention to pay parity in California, it demonstrates that reform is both …

In Memoriam Of William A. Herbert, National Center Executive Director

Journal of Collective Bargaining in the Academy

No abstract provided.

Towards A Progressive Academy: Review Of Organizing Professionals: Academic Employees Negotiating A New Academy, Rebecca Kolins Givan

Journal of Collective Bargaining in the Academy

No abstract provided.

Every Grain Of Sand: 2024 Changes To The Scope Of Higher Education Unionization, William A. Herbert, Joseph Van Der Naald, Jacob Apkarian

Journal of Collective Bargaining in the Academy

In this research note, we supplement the findings presented in the National Center’s 2024 Directory of Bargaining Agents and Contracts in Institutions of Higher Education. We aggregate and analyze data on changes in academic collective bargaining relationships for faculty, postdoctoral scholars, and graduate and undergraduate student employees in the year 2024. Our findings demonstrate that the growth in academic collective bargaining over the past decade that we documented in the 2024 Directory has continued. However, we find some significant contractions in faculty unionization through institutional closures and the revocation of bargaining units in the state of Florida. The research …

Graduate Student Labor Unions: Two Experienced Academic Administrators Share Their Views, Karen R. Stubaus

Journal of Collective Bargaining in the Academy

This interview of two experienced academic administrators traces the evolution of graduate worker concerns as expressed in their collective bargaining agreements over the course of 50 years, at the University of Michigan and Michigan State University. Initial emphases on standard terms and conditions of employment are supplemented over the course of time with attention to work/life balance, discrimination and harassment, and other social justice issues. Administrators provide insights and advice on how to establish productive and collegial working relationships with the growing phenomenon of graduate worker unions.

Navigating Harassment And Discrimination At University Of California Through Uaw 4811'S Abusive Conduct Contract Provisions, Sarah Arveson, Emily Weintraut

Journal of Collective Bargaining in the Academy

The Respectful Work Environment (RWE) provisions in the recent University of California labor agreements with graduate students and postdocs have proven useful in addressing harassment and discrimination in new and perhaps more effective ways than either previous contract provisions or university policies and procedures. The authors describe how the new RWE provisions work and provide several illustrative case studies.

"No Pay, No Ras": Resident Assistant Unionization Amidst University Backlash, Justin Weller

Journal of Collective Bargaining in the Academy

While resident assistant (RA) unions have existed in the United States for over 20 years, RA unionization has accelerated on college campuses in recent years. This article explores the institutional responses to RA unionization through a distributive justice framework. I argue unionization aligns with the distributive justice framework and union-busting strategies do not align. I provide practical recommendations for institutions to align their practices with the National Labor Relations Act and relevant jurisprudence. Implications include a need to study RAs’ experiences in unionization and a continued focus on the ongoing legal challenges that may impact future unionization.

The Limits Of Law: Lessons For Collective Bargaining, Eric J. Scarffe, Daniel Saunders

Journal of Collective Bargaining in the Academy

This paper elucidates some features of law that generally go overlooked in collective bargaining. Using examples from collective bargaining agreements at universities in Florida, we unearth how assumptions about the nature of law (championed by the conservative legal movement) may undermine the ability for unions to influence the material working conditions at their universities. We believe negotiators need to reject these assumptions, and embrace an approach to ‘bargaining as pedagogy,’ which emphasizes the need for faculty and administrators alike to arrive at shared understandings of what the law means (be it the collective bargaining agreement, university policy, or state statute).

How Do Collective Agreements Stack Up? Implications For Academic Freedom, Tim Ribaric, Rahul Kumar

Journal of Collective Bargaining in the Academy

Abstract Academic freedom, a cornerstone of higher education, is formally codified within the enforceable language of collective agreements (CAs) between universities and faculty unions in Canada. While the Canadian Association of University Teachers (CAUT) provides an exemplar framework for academic freedom clauses, institutional interpretations and implementations vary significantly. This study comprehensively analyzed CAs from 44 Canadian universities using computational text analysis methods, specifically Latent Dirichlet Allocation (LDA) and Term Frequency-Inverse Document Frequency (TF-IDF). The analysis revealed that approximately 27% of institutions closely align with the CAUT exemplar, while 57% incorporate additional limiting factors that qualify the exercise of academic freedom. …

A Beautiful Mind Meets Harsh Reality: Practical Tips For Negotiators When Bargaining Strays From Ideal Conditions, Christopher C. Douglas, Ellen Grachek, Allyson Strickland, Marie Waung

Journal of Collective Bargaining in the Academy

Bilateral bargaining theory developed by mathematician and Nobel Laureate John Nash predicts that when both parties have full information, a deal is quickly reached without a strike. Such a situation represents ideal conditions, which the real world does not match. However, Nash Bargaining presents a useful baseline for bargaining teams. We discuss deviations from ideal conditions that bargaining teams are likely to face and tactics for overcoming them with the goal of reaching an agreement while avoiding a strike. This paper’s focus draws from our experience negotiating a contract for non-tenure track faculty across the three University of Michigan campuses, …

Faculty Views About Their Covid-19 Layoffs From A Public University In The Us Midwest, Susan E. Ramlo

Journal of Collective Bargaining in the Academy

In July 2020, a public university in the US Midwest announced it would lay off 96 bargaining unit faculty based on a force majeure clause in the union contract. Most of the faculty held tenure and some were distinguished professors. The layoffs occurred with no faculty input and immediately following a major university reorganization. This study uses Q methodology [Q] to examine the Perceived Organizational Support [POS] of these laid off unionized faculty within an agency theory framework. Q allows us to reveal and describe the divergent views of the laid off faculty based upon analyses of their sorts of …

Who Benefits From A Faculty Union During A Pandemic?, Mary Ellen Benedict, David Mcclough, John Hoag

Journal of Collective Bargaining in the Academy

This paper examines the effect of unions on instructional staffing at public institutions during the pandemic. Using IPEDS data for 2018-2021, we find that tenured faculty benefited from a union while tenure track and non-tenure track faculty were unaffected.

Jcba's Origins, Evolution, & Future, Gary Rhoades, Karen Stubaus

Journal of Collective Bargaining in the Academy

This article traces the origins and history of the Journal of Collective Bargaining in the Academy, and celebrates its founder, Dr. Jeffrey Cross, as well as noting the significant contributions of National Center directors Richard Boris and William Herbert.

Some Thoughts Of Faculty Strikes, Margaret E. Winters, William Connellan

Journal of Collective Bargaining in the Academy

William Connellan is a long-time administrative-side academic labor specialist who spent much of his career at Oakland University (Michigan). What follows here is the result of an interview with him carried out by the author. After a general introduction to Bill, the institution, and to Michigan labor relations, the article focuses on Bill’s involvement in the many strikes called by the faculty union at Oakland during his tenure there. The article closes with Bill’s broader comments, that is, advice on negotiations and the handling of strikes from the administrative point of view.

Taup's 50-Year Collective Bargaining Story, Arthur Hochner

Journal of Collective Bargaining in the Academy

In the half-century history of faculty collective bargaining at Temple University, the Temple Association of University Professionals has faced numerous challenges. As a union leader for 31 of those years, I took part in many contract negotiations with tough-minded management representatives, including two long strikes. As universities have shifted away from tenure-track faculty toward more contingent ones, both full- and part-time, TAUP has made key adjustments and has grown. While I am now retired from Temple and the union, my successors continue to maintain faculty voice.

Analyzing The Upward Trend In Academic Unionization: Drivers And Influences, Andrea Clemons

Journal of Collective Bargaining in the Academy

Over the last decade, the discourse on collective bargaining has evolved, shaped by the multifaceted challenges confronting contemporary higher education, including shifts in public perception and financial constraints. This article delves into the dynamic landscape of academic labor, highlighting its impact on tenured faculty, contingent faculty, and graduate students. The analysis encompasses the historical context of unionization, the transformation of academic labor structures, and present-day factors such as dissatisfaction with higher education, legislative mandates, and threats to academic freedom. The examination of recent legislative efforts in Florida, the article illustrates an ongoing trend and emphasizes the need for meaningful dialogues …

The 50 Year History Of Collective Bargaining At Hofstra University, Herman A. Berliner, Peter C. Daniel, Bernard J. Firestone, Estelle S. Gellman, Elizabeth J. Ploran, Liora P. Schmelkin

Journal of Collective Bargaining in the Academy

The timeline of collective bargaining at Hofstra mirrors the timeline of the 50 National Center annual conferences. And the details of the Hofstra timeline, from organizing, to bargaining, from global issues to procedural details, from a bitter strike to collegiality, in an environment that respects both collective bargaining and shared governance, in a world without and then with COVID, provide a microcosm of the collective bargaining world over the decades. This article will start at the beginning of collective bargaining at Hofstra, reflect on social and economic changes during these 50 years, view the changing University aspirations, assess the impact …

The Role Of The Chief Negotiator In Academic Collective Bargaining, Nicholas Digiovanni Jr.

Journal of Collective Bargaining in the Academy

Regardless of which side he or she is on, the chief negotiator is the face of the team, the representative of the institution or of the union. The negotiator must persuade, cajole, and otherwise advance his or her client’s proposals. He or she is responsible for assessing the impact of proposals, crafting effective contract language, judging the importance of different concessions, and, perhaps most important of all, maintaining the absolutely critical perspective as to what is crucial at the table and what is just noise. And finally, the chief negotiator sets a tone for the discussions, and his or her …

The Persistence Of Separate And Unequal: Debunking Myths Of The Market In Bargaining For Faculty Gender Salary Equity, Johanna E. Foster, Jen Mcgovern

Journal of Collective Bargaining in the Academy

The Persistence of Separate and Unequal:

Debunking Myths of the Market in Bargaining for Faculty Gender Salary Equity

ABSTRACT

For over a century, feminists have challenged occupational gender segregation as a mechanism to rationalize the devaluing of work assigned to women. The social movement momentum in the second half of the twentieth century helped narrow gender pay gaps both within and across occupations. Recently, apologists for gender discrimination have gained ground in obfuscating the role of gender segregation in reproducing salary inequity, pointing to a black box of “market forces” that presumably account for the devaluing of feminized fields, inside …

Collective Bargaining Among Undergraduate Students, Daniel J. Julius, Nicholas Digiovanni Jr., Jai Abrams

Journal of Collective Bargaining in the Academy

The questions we are focusing on in this essay concern; 1) to what extent are undergraduate students being organized for purposes of collective bargaining or covered by labor agreements (there are two major formats, first, unions comprised of only undergraduates and, secondly, where undergraduates are hired into employee classifications already represented by bargaining agents; the latter more common than many might expect) and 2), what impact, if any, does membership or involvement in unionization influence the undergraduate student experience (graduation and attrition rates, alumni involvement, positive or negative attitudes toward faculty or the institution, compensation, tuition, class time, shared governance, …

Collective Bargaining And Labor Representation For Higher Education In A “Right To Work” Environment, Thomas Auxter

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Forty-Third Annual Conference, April, 2016, Our Future Is Now in Higher Education

The History Of Collective Bargaining In Higher Education: The Case Of Hbcus, Derryn Moten

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Forty-Second Annual Conference, April, 2015, Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education

This Much I Know Is True: The Five Intangible Influences On Collective Bargaining, Nicholas Digiovanni Jr.

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Forty-Second Annual Conference, April, 2015, Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education

The Professionalizaton Of Non- Tenure Track Faculty In The United States: Three Case Studies From Public Research Institutions: Rutgers, The State University Of New Jersey, University Of Illinois At Urbana-Champaign, And University Of Oregon, Karen Stubaus

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Forty-Second Annual Conference, April, 2015, Thinking about Tomorrow: Collective Bargaining and Labor Relations in Higher Education

New Models Of Contingent Faculty Inclusion, Frank Cosco

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Thirty-Fifth Annual Conference, April, 2008, New Models: A Joint Labor/Management Meeting

The Current Status Of Graduate Student Unions: An Employer's Perspective, Daniel J. Julius

Journal of Collective Bargaining in the Academy

Originally published by the National Center for the Study of Collective Bargaining in Higher Education and the Professions, Proceedings, Twenty-Seventh Annual Conference, April, 1999, Collective Bargaining and Accountability in Higher Education: A Report Card, Caesar J. Naples, Editor