Collective Bargaining Commons^™

What Is Happening In Major League Baseball? A Structural Snapshot In An Evolving Economic Landscape: A Case Study, Max K. Shilstone

Business and Economics Honors Papers

This qualitative case study examines the most visible business and economic factors currently impacting Major League Baseball (MLB). Specifically, it analyzes how current labor and collective bargaining issues, the changing media and broadcasting landscape, and the league’s reliance on locally generated revenue are shaping the league’s current and future business environment. Using a multi-method qualitative approach, this case study draws from academic scholarship, contemporary industry reporting, league documents, existing interviews, and six semi-structured interviews with professionals working in or around MLB. The evidence was analyzed through thematic coding and triangulated across sources to identify recurring themes and validate emerging findings. …

The Impatience Of Winning: An Analysis Of Time Discounting, Predictive Modeling, And The Nba Draft, Alec R. Plante

Business and Economics Honors Papers

This paper examines whether NBA draft decisions can be better explained by incorporating non-geometric time discounting into a model of general manager decision making. Using a dataset of 285 NBA draft prospects over a 12-year period, the impact of college statistics on Value Over Replacement Player (VORP) is determined, and these impact values are then used to create a “predicted” VORP for the first 4 seasons of each player’s career: a projection of what a general manager might think of a prospect’s future value given their college statistics. Following this, geometric and hyperbolic time discounting models are applied to estimate …

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.

Guarding The Game: Building A Defensive Line Between Athletes' Biometric Data And Gambling Interests, Caroline Hébert

The Journal of Business, Entrepreneurship & the Law

This comment examines the intersection of wearable technology, professional sports, and the burgeoning sports betting industry. Focusing primarily on the National Football League (NFL), the author explores how biometric markers such as heart rate, stress levels, and fatigue—originally intended for player health and performance—are increasingly targeted for commercialization in the gambling market. The comment provides a critical analysis of the current legal landscape, noting that existing frameworks like HIPAA and GINA, as well as current Collective Bargaining Agreements (CBAs), offer insufficient protections for athletes' sensitive personal data. Hébert identifies key points of exploitation by third-party vendors and highlights the conflicting …

Revenue Sharing: Effects On Small Market Teams, Bryant Smaaladen

CMC Senior Theses

The gap between small market teams and big market teams in the MLB

has done nothing but grow in this era, seeing vast differences in payroll and

performance. To try and counteract this, team revenue sharing was introduced in

1996 to try and level the playing field. Revenue sharing was designed to promote

a more competitive balance by redistributing resources from higher revenue

teams towards ones in smaller markets. This study aims to examine the impact

revenue sharing has on team payrolls, and particularly examining the difference

between both markets, by using panel data of teams revenue and the amount …

Collective Bargaining In The Usa : Union Success Within And Outside Of The Flawed Legal Framework, Angela B. Cornell

Cornell Law Faculty Publications

The labour movement in the US experienced a powerful upswing under President Biden, but even with a labour-friendly administration thousands of new bargaining units labour without collective bargaining agreements years a#er being organised. The many limitations and weaknesses of the collective-bargaining framework under the private-sector statute, the NLRA, contribute to this very unfortunate outcome including enterprise rather than sectoral bargaining, a lack of meaningful remedies for serious bargaining violations, very little interest arbitration when the parties cannot reach agreement and the extremely limited right to strike. Millions of American workers are deprived of the right to bargain collectively because of …

Investigating The Relationship Between Noun Classes And Plant Folk Taxonomy In Chasu Language Of Kilimanjaro Region In Tanzania, Peter Rabson Mziray

Journal of Humanities and Social Sciences

The current study investigates the relationship between noun classes and plant folk taxonomy in Chasu (G 22). The study focuses on two objectives: the first objective is to describe the plant folk taxonomy in Chasu and the second objective is to determine the relationship between noun classes and plant folk taxonomy in Chasu. Data were collected from rural villages in Same and Mwanga districts by using free listing, field interviews (jungle-walk-and-identify), and written texts containing Chasu plant names. The findings reveal that Chasu folk taxonomy reflects different ethnobotanical categories; including a unique beginner which is mmea/mimea ‘plant(s)’, and three life …

Games Played In The Off-Season: A Teaching Case Study On Major League Baseball Arbitration And Game Theory, Rebekah Ansbro

The COSMA Journal

Each January and February, professional baseball players with three to six years of Major League service time endure a process exclusive to Major League Baseball (MLB): arbitration. Though arbitration itself is not an unfamiliar form of dispute resolution, the structure MLB employs in contract arbitration is unlike any other industry, as it incorporates an all-or-nothing result that does not allow arbitrators to “split the pie” between parties. Because of this, teams and players are not only responsible for preparation of their own arguments and filed salary, but also for anticipation of their opponent’s filed salary. The hurdle of needing to …

Changing Salaries: Salary Constraints In North American Sports, Reese Shull

Honors Projects

The structure, impact, and potential future of the cap systems housed by the primarily North American sports leagues, NFL, NBA, and MLB, are examined. By comparing each of the different constraint models used to influence competitive balance, player compensation, and various team-building strategies, a comprehensive understanding of which league operates more effectively. Paramount is the relationship to rising revenues and the different returning and emerging channels that are being formed.

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.

Why Do Teachers Stay Or Leave?: The Relationship Of Administrative Support, Peer Perceptions, Satisfaction Of Salary And Student Behavior On The Big Career Decision, Thomas Kanwischer

Dissertations of Practice

This study explores the impact of teacher retention on the education system and possible reasons that teachers decide to leave. Exploring working conditions of salary satisfaction, student behavior, administrative support and peer perceptions, this study draws correlations between these conditions to see the impact on a teacher's decision to stay or leave. The results of this study help build a picture of the complex decision-making process that a teacher may go through in their career to stay or leave the profession. This information can be used to inform districts, boards, administrators and unions to build policy and practice that is …

Negotiating The Future: The Role Of Labor Unions In Responding To Automation And Technology Developments In The Entertainment Industry, João Branco Chaves

Student Publications

The entertainment industry has undergone profound changes due to the rapid advancement of automation and technology, significantly impacting the labor force behind its productions. Labor unions, such as the Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA) and the Writers Guild of America (WGA), have been at the forefront of negotiating contracts and protecting workers’ rights amidst these changes. This paper examines the pivotal role that labor unions play in shaping the negotiation processes within the entertainment industry, focusing on their contributions and challenges in responding to technological shifts. It also identifies gaps and contradictions in the research, …

Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen

Honors Projects

This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …

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.