Entry
Reader's guide
Entries A-Z
Subject index
Unions on Campus
The First Amendment to the U.S. Constitution, in part, prohibits Congress from enacting laws restricting the right of people to assemble peacefully. Consequently, the First Amendment has been interpreted as meaning that individuals are free to organize and join unions of their choosing. Unions are a collection of members who come together for the common purpose of engaging in collective bargaining or negotiations over terms and conditions of employment, such as wages, benefits, and other items for which bargaining is not prohibited by state or federal law. While the majority of public teachers in American K-12 schools belong to unions, this is not the case with regard to faculty members and other instructional staff members on the campuses of colleges and universities in the United States. This entry discusses issues associated with the status of unions on college and university campuses in both public and private institutions of higher learning.
Insofar as union leaders advocate the importance of organization and strength in numbers, labor organizers typically identify substandard working conditions, low wages, nonexistent or minimal benefits, and mistreatment of employees by employers to spark unionism in the work force. In this way, unions justify their activities as providing protection for their members from employers while negotiating benefits for workers that would otherwise be unattainable.
When organizers attempt to form unions, they must demonstrate that prospective members share
a “community of interests” that, generally, includes common concerns over such matters as wages, work hours, benefits, qualifications, training and skills, and job functions. While the community of interests should be readily apparent for faculty members and other instructional personnel, as opposed to nonprofessional staff such as maintenance workers and office assistants, some view the advantages of this requirement as having to be balanced against the disadvantages of a proliferation of multiple smaller bargaining units that could reduce the strength of unions and their collective numbers.
The Negotiation Process
Once unions are organized, collective bargaining or negotiation practices vary greatly in education. The three primary types of union negotiations that have been prevalent in educational settings are meet-and-confer, good-faith bargaining, and bargaining during an unexpected crisis. The meet-and-confer approach, which largely predated bargaining but still exists in some places today, amounts to a discussion between faculty and administration, with the latter largely setting contract terms. Most states with unions in higher education rely on the traditional model of good-faith bargaining, which is characterized by mutual respect where each party approaches negotiations with the intent to resolve all issues equitably. The unexpected crisis is the beginning of the end for traditional collective bargaining due to the adversarial posturing of administrators and faculty, because in this approach neither party is willing to compromise or negotiate an equitable outcome.
A new type of negotiation has been in use recently, win-win. In win-win bargaining, each team looks at the available resources and agrees to terms that are amenable to both sides in a manner that is less confrontational, more collegial, and more professional than the tradition confrontational, zero-sum model of good faith bargaining that emerged from the industrial labor relations model. Because this model approaches compromise in its truest form, the results tend to be less stressful due to the commitment to arrive at settlements with which both sides can live.
...
- Cases in Higher Education Law: Affirmative Action and Race-Based Admissions
- Cases in Higher Education Law: Disability
- Cases in Higher Education Law: Faculty Issues
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Keyishian v. Board of Regents of the University of the State of New York
- Kimel v. Florida Board of Regents
- Knight v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- National Labor Relations Board v. Yeshiva University
- Perry v. Sindermann
- Regents of the University of Michigan v. Ewing
- Slochower v. Board of Higher Education of New York City
- Sweezy v. New Hampshire
- Urofsky v. Gilmore
- Cases in Higher Education Law: Finance and Governance
- Cases in Higher Education Law: Gender Equity
- Cases in Higher Education Law: Religion and Freedom of Speech
- Board of Regents of the University of Wisconsin System v. Southworth
- Bob Jones University v. United States
- Healy v. James
- Hunt v. McNair
- Locke v. Davey
- Papish v. Board of Curators of the University of Missouri
- Roemer v. Board of Public Works of Maryland
- Rosenberger v. Rector and Visitors of the University of Virginia
- Tilton v. Richardson
- Widmar v. Vincent
- Concepts, Theories, and Legal Principles
- Academic Abstention
- Academic Dishonesty
- Academic Freedom
- Affirmative Action
- Catalogs as Contracts
- Conflict of Commitment
- Conflict of Interest
- Copyright
- Disparate Impact
- Due Process, Substantive and Procedural
- Educational Malpractice
- Equal Protection Analysis
- Ex Corde Ecclesiae and American Catholic Higher Education
- Fair Use
- Hate Crimes
- Intellectual Property
- Student Moral Development
- Tax Exemptions for Colleges and Universities
- Tenure
- U.S. Supreme Court Cases in Higher Education
- Zoning
- Constitutional Rights and Issues
- Affirmative Action
- Age Discrimination
- Bill of Rights
- Civil Rights Movement
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Due Process, Substantive and Procedural
- Eleventh Amendment
- Equal Protection Analysis
- Federalism
- Fourteenth Amendment
- Fourth Amendment Rights of Faculty
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Hate Crimes
- Hostile Work Environment
- Loyalty Oaths
- Political Activities and Speech of Faculty Members
- Privacy Rights of Faculty Members
- Privacy Rights of Students
- Religious Activities on Campus
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- State Aid and the Establishment Clause
- Student Press
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Unions on Campus
- Faculty Rights
- Governance and Finance
- Academic Dishonesty
- Age Discrimination in Employment Act
- Boards of Trustees
- Catalogs as Contracts
- Cheating and Academic Discipline
- Collective Bargaining
- Conflict of Commitment
- Conflict of Interest
- Crime Awareness and Campus Security Act
- Due Process Rights in Faculty and Staff Dismissal
- Equal Pay Act
- Extracurricular Activities, Law, and Policy
- Family Educational Rights and Privacy Act
- Grading Practices
- Graduation Requirements
- Hazing
- Hostile Work Environment
- Loans and Federal Aid
- Personnel Records
- Sports Programming and Scheduling
- Student Press
- Tenure
- Unions on Campus
- Organizations and Institutions
- American Association of University Professors
- American Association of University Women
- Association for the Study of Higher Education
- Boards of Trustees
- Community or Junior Colleges
- Education Law Association
- Equal Employment Opportunity Commission
- Historically Black Colleges and Universities
- National Association of College and University Attorneys
- National Collegiate Athletic Association
- Proprietary or For-Profit Colleges and Universities
- Religious Colleges and Universities
- Single-Sex Colleges
- U.S. Department of Education
- Unions on Campus
- Primary Sources: Excerpts from Landmark U.S. Supreme Court Cases
- Berea College v. Kentucky
- Board of Curators of the University of Missouri v. Horowitz
- Board of Regents of State Colleges v. Roth
- Board of Regents of the University of Wisconsin System v. Southworth
- Cannon v. University of Chicago
- DeFunis v. Odegaard
- Gratz v. Bollinger
- Grove City College v. Bell
- Grutter v. Bollinger
- Healy v. James
- Hunt v. McNair
- Keyishian v. Board of Regents of the University of the State of New York
- Lehnert v. Ferris Faculty Association
- Locke v. Davey
- McLaurin v. Oklahoma State Regents for Higher Education
- Mississippi University for Women v. Hogan
- National Labor Relations Board v. Yeshiva University
- Papish v. Board of Curators of the University of Missouri
- Perry v. Sindermann
- Regents of the University of California v. Bakke
- Regents of the University of Michigan v. Ewing
- Rosenberger v. Rector and Visitors of the University of Virginia
- Rumsfeld v. Forum for Academic and Institutional Rights
- Southeastern Community College v. Davis
- Sweatt v. Painter
- Sweezy v. New Hampshire
- Tilton v. Richardson
- Trustees of Dartmouth College v. Woodward
- United States v. Virginia
- University of Pennsylvania v. Equal Employment Opportunity Commission
- Religion and Freedom of Speech
- Academic Freedom
- Civil Rights Act of 1871, Section 1983
- Due Process, Substantive and Procedural
- Ex Corde Ecclesiae and American Catholic Higher Education
- Federalism
- Free Speech and Expression Rights of Students
- Religious Activities on Campus
- Religious Colleges and Universities
- Religious Freedom Restoration Act
- State Aid and the Establishment Clause
- Student Press
- Statutes
- Age Discrimination in Employment Act
- Americans with Disabilities Act
- Civil Rights Act of 1871, Section 1983
- Civil Rights Act of 1964
- Civil Rights Restoration Act of 1987
- Clery Act
- Crime Awareness and Campus Security Act
- Digital Millennium Copyright Act
- Equal Educational Opportunities Act
- Equal Pay Act
- Family and Medical Leave Act
- Family Educational Rights and Privacy Act
- Higher Education Act
- Immigration Reform and Control Act
- Morrill Acts
- National Labor Relations Act
- Rehabilitation Act, Section 504
- Religious Freedom Restoration Act
- Stafford Act
- Tax Exemptions for Colleges and Universities
- Title IX and Athletics
- Title IX and Retaliation
- Title IX and Sexual Harassment
- Title VI
- Title VII
- Student Rights and Welfare
- Academic Dishonesty
- Assistive Technology
- Cheating and Academic Discipline
- Cyberbullying
- Disciplinary Sanctions and Due Process Rights
- Disparate Impact
- Drug Testing of Students
- Extracurricular Activities, Law, and Policy
- Fourth Amendment Rights of Students
- Free Speech and Expression Rights of Students
- Grading Practices
- Graduation Requirements
- Hate Crimes
- Hazing
- Loans and Federal Aid
- Privacy Rights of Students
- Sexual Harassment of Students by Faculty Members
- Sexual Harassment, Peer-to-Peer
- Sexual Harassment, Quid Pro Quo
- Sexual Harassment, Same-Sex
- Sexual Orientation
- Sports Programming and Scheduling
- Student Moral Development
- Student Press
- Student Suicides
- Student Teachers, Rights of
- Video Surveillance
- Technology
- Loading...
Get a 30 day FREE TRIAL
-
Watch videos from a variety of sources bringing classroom topics to life
-
Read modern, diverse business cases
-
Explore hundreds of books and reference titles
Sage Recommends
We found other relevant content for you on other Sage platforms.
Have you created a personal profile? Login or create a profile so that you can save clips, playlists and searches