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Full-Text Articles in Law
A New Morning In Higher Education Collective Bargaining, 2013-2019, William A. Herbert
A New Morning In Higher Education Collective Bargaining, 2013-2019, William A. Herbert
Publications and Research
This book chapter appears in Julius, D. J. (ed.), Collective Bargaining in Higher Education: Best Practices for Promoting Collaboration, Equity, and Measurable Outcomes (Routledge, New York and London). The chapter analyzes and contextualizes data concerning the growth in unionization and collective bargaining involving faculty, postdoctoral scholars, and graduate assistants from 2013 to 2019, the period between the economic fallout from the Great Recession and the consequences of the COVID-19 pandemic. It discusses the democratic values underlying collective bargaining and the historical and legal development of unionization at public and private institutions over the decades. It identifies three significant new trends …
Graduate Student Employee Unionization In The Second Gilded Age, William A. Herbert, Joseph Van Der Naald
Graduate Student Employee Unionization In The Second Gilded Age, William A. Herbert, Joseph Van Der Naald
Publications and Research
In debates on the future of work, a common theme has been how work became
less secure through the denial of employee status. Though much of the attention
has focused on other industries, precarity has also affected those working in
higher education, including graduate student employees, contributing to what is
now called the “gig academy.” While universities have reassigned teaching and
research to graduate assistants, they have also refused to recognize them as
employees. Nevertheless, unionization has grown considerably since 2012, most
significantly at private institutions. Utilizing a unique dataset, this chapter
demonstrates that between 2012 and 2019, graduate student …
A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald
A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald
Publications and Research
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 employees …
College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada
College Athletes In Revenue-Generating Sports As Employees: A Look Into The Alt-Labor Future, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This article will begin by looking at some current and recent litigation brought by college athletes against their respective universities as well as recent state legislation that may affect their status as employees. Part I will focus on what the courts, agencies, scholars, and state legislators have said or implied about whether these athletes are or should be employees under the law. This Part will demonstrate why the designation of athletes in revenue-generating sports is fragile and cannot endure for much longer. Part II switches and focuses on college “work study” programs, showing in fact that there is nothing unusual …
The Northwestern University Football Case: A Dissent, Roberto L. Corrada
The Northwestern University Football Case: A Dissent, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
This Article argues that the NLRB issued a non-decision in Northwestern University. A close look at the opinion shows that the Board refused to make findings it is statutorily required to make when ruling on an election petition. Though the decision buries much of this evidence in its footnotes, this Article unearths this evidence and reveals how the footnotes consistently disclaim statements made by the Board in the decision’s text. Moreover, close scrutiny of the precedent cited by the NLRB reveals that the Board may not, in fact, have the authority to exercise the discretion it claims for itself in …
Everything Passes, Everything Changes: Unionization And Collective Bargaining In Higher Education, William A. Herbert, Jacob Apkarian
Everything Passes, Everything Changes: Unionization And Collective Bargaining In Higher Education, William A. Herbert, Jacob Apkarian
Publications and Research
This article begins with a brief history of unionization and collective bargaining in higher education. It then presents data concerning the recent growth in newly certified collective bargaining representatives at private and public-sector institutions of higher education, particularly among non-tenure track faculty. The data is analyzed in the context of legal decisions concerning employee status and unit composition under applicable federal and state laws. Lastly, the article presents data concerning strike activities on campuses between January 2013 and May 31, 2017.
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
The Winds Of Changes Shift: An Analyis Of Recent Growth In Bargaining Units And Representation Efforts In Higher Education, William A. Herbert
Publications and Research
This article analyzes data accumulated during the first three quarters of 2016 regarding completed and pending questions of representation involving faculty and student employees in higher education. It is part of a larger and continuing National Center research project that tracks faculty and graduate student employee unionization growth and representation efforts at private and public institutions of higher learning since January 1, 2013. The data presented in this article demonstrates that the rate of newly certified units at private colleges and universities since January 1, 2016 far outpaces new units in the public sector. There has been a 25.9% increase …
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …