Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
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 …
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.