Category Archives: Collective Bargaining – Public Sector

Collective Bargaining Organizations and the U.S. Supreme Court’s Brown Decision

Source: Ed Dandalt and Marybeth Gasman, Labor Law Journal, Vol. 71, Issue No. 2, Summer 2020
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From the abstract:
In a scholarly context where most legal research on the implementation of the United States Supreme Court’s 1954 Brown decision has evolved around the militancy of civil rights organizations for school desegregation, this article examines the leadership undertaken by federal teacher associations (American Federation of Teachers, National Education Association) at the national level to support the implementation of this hallmark decision during the modern civil rights movement. The analysis of this article is limited to the national desegregation services provided by these collective bargaining organizations to their locals. Findings from the primary materials that were reviewed suggest that the leadership provided by these organizations contributed to the desegregation of locals and was a catalyst for union mergers in public education.

Examining the Employment Profile of Institutions Under the Mission-Driven Classification System and the Impact of Collective Bargaining

Source: Louis Shedd, Stephen G. Katsinas, Nathaniel Bray, Journal of Collective Bargaining in the Academy, Vol. 11, Issue 1, 2020

From the abstract:
The focus of this study is an analysis of institutions, salary expenditures, employment categories (full-time professors by academic rank), and number and average pay of full-time faculty. Our new mission-driven classification system provides the framework for the analysis and specifically presents the data by both the presence or lack of a collective bargaining agreement. The goal of this paper is to illustrate differences in monetary compensation of full time faculty using the mission-driven classification system (as opposed to the Carnegie Classification) and to see the impact of the presence or lack of collective bargaining agreements. We argue that the Carnegie Classification is not how state officials–governors, legislators, and the general public view higher education in America. We argue that a public frame is needed to understand, support, and advance public higher education. We present data that shows difference by geographic type (rural, suburban, urban) for a much more precise understanding of how collective bargaining impacts faculty salaries.

Michigan Supreme Court Denies Lifetime Benefits To Governmental Employees

Source: Amelia Dantzer, Employment Alert, Volume 36, Issue 18, September 4, 2019
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The Michigan Supreme Court has held in a ruling that governmental employees were not entitled to lifetime health benefits because their collective bargaining agreements (CBA) did not create a vested right to lifetime coverage. The court found that none of the relevant bargaining agreements included express language providing for vested, lifetime health benefits, and all the agreements contained “durational” clauses providing that the terms are only in effect for three years. Specifically, the court held that “[t]he CBAs contain a general three-year durational clause, and no provision specifies that the benefits in dispute are subject to any different duration. If the parties meant to vest healthcare benefits for life, they easily could have said so in the CBAs, but they did not.”

Influence without Bargaining: Unionization at the University of Wisconsin, 1930–1957

Source: Timothy Reese Cain, Philip J. Wilkinson, Labor: Studies in Working-Class History of the Americas, Vol. 16 no. 2, May 2019
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From the abstract:
Through a historical case study of the University of Wisconsin Teachers Union (American Federation of Teachers Local 223) this article considers the roles that early unionized faculty could play in influencing their institution without ever pursuing a contract. It argues that the Wisconsin local effectively used research and political power to improve conditions for instructional workers and to affect funding patterns across the institution. It did so while only ever attracting a minority of faculty to join. In addition to its important salary work, which was often focused on improving the conditions of the instructors and others at the lowest ranks, Local 223 addressed an array of educational and societal issues. As such, it had elements of what in the modern era might be considered social movement unionism, combining both efforts to aid members and activities designed for broader social change.

State Collective Bargaining Laws and Public-Sector Pay

Source: Eric J. Brunner, Andrew Ju, ILR Review, Vol. 72 no. 2, March 2019
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From the abstract:
Using the Public Use Microdata Sample from the 2005 to 2015 American Community Survey, the authors provide new evidence on how state collective bargaining laws affect public-sector wages. To isolate the causal effect of bargaining laws on public-sector pay, they examine wage differentials between otherwise similar public- and private-sector employees located in the same local labor market. They estimate difference-in-differences (DD) models that exploit two sources of plausibly exogenous variation: 1) policy discontinuities along state borders and 2) variation within states in collective bargaining laws in states where the majority of public workers are without collective bargaining rights. Findings show that mandatory collective bargaining laws increase public-sector wages by approximately 5 to 8 percentage points. Results therefore suggest that mandatory collective bargaining laws provide a formal mechanism through which public-sector workers are able to bargain for increased compensation.

Everything Passes, Everything Changes: Unionization and Collective Bargaining in Higher Education

Source: William A. Herbert, Jacob Apkarian, Perspectives on Work, 2017

From the abstract:
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.

A Contract Campaign from Virtual to In Their Face

Source: Dave Staiger, Labor Notes, September 1, 2017

When confronted with a concessionary demand at the bargaining table, what if you filled the room with rank-and-file members? What would happen?

Kalamazoo, Michigan, teachers received an urgent message in July from their union’s private Facebook account for members: in bargaining, the district was demanding a pay freeze.

Within an hour teachers began to arrive at negotiations; soon they packed the room and turned the bargaining process on its head. All told, 46 members showed up at the union office on a beautiful summer day. The rapid response dramatically changed the course of bargaining…..

Ohio Teachers Win Back Regular Raises

Source: Myra Warne, Labor Notes, July 27, 2017

In 2014, members of the Maysville Education Association voted to accept a deal that would end our pay freeze, which dated back to 2011, in exchange for replacing our traditional pay scale with a new merit-pay system.

Local union leaders were warned by Ohio Education Association staff that a return to the step-and-ladder system of regular raises might be impossible—or require a strike. But this year, as the money for sweeteners and incentives dried up, a group of members committed to winning back our old pay scale…..

Before the Bargaining Table: How Local 387 made gains for precarious workers

Source: Jordana Feist​, Canadian Union of Public Employees (CUPE), Tabletalk blog, May 16, 2017

As a researcher, I regularly read the agreements that come into the office. Sometimes, it makes for encouraging reading – like when I read about the changes negotiated in the latest round of bargaining between CUPE Local 387 and the City of New Westminster in BC.

Their new agreement featured a long list of improvements, including:
– Provisions to reduce the use of seasonal workers by converting workers in that classification to regular full-time employees over two years.
– Benefits for all temporary full-time and temporary part-time workers.
– Two new letters of understanding addressing the issues around the auxiliary workforce and continuing the work to convert those positions to regular part-time and regular full-time.
– Benefit improvements and wage increases.

These would be excellent outcomes in any day, but Local 387 achieved all this in a climate where employers are pushing the use of temporary and seasonal workers and trying to restrict their access to health and benefit plans.

How did they get there? ….