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Ed 367 252 Author Title Institution Report No Pub DOCUMENT RESUME ED 367 252 HE 027 219 AUTHOR Johnson, Beth Hillman, Ed. TITLE The Impact of Collective Bargainingon Higher Education: A Twenty Year Retrospective. Proceedings of the Annual Conference (20th, New York, New York, April 13-14, 1992). INSTITUTION City Univ. of New York, N.Y. Bernard Baruch Coil. National Center for the Study of Collective Bargaining in Higher Education and the Professions. REPORT NO ISBN-0-911259-29-5; ISSN-0742-3667 PUB DATE Apr 92 NOTE 152p. AVAILABLE FROMNational Center for the Study of Collective Bargaining in Higher Education and the Professions, Bernard Baruch College, City University of New York, 17 Lexington Avenue, Box 322, New York, NY 10010 (830). PUB TYPE Collected Works Conference Proceedings (021) EDRS PRICE MF01/PC07 Plus Postage. DESCRIPTORS Academic Freedom; *Collective Bargaining; Constitutional Law; Court Litigation; Educational Finance; Employer Employee Relationship;Faculty College Relationship; Grievance Procedures; Health Care Costs; *Higher Education; Labor Legislation; Labor Relations; Legal Problems; Peer Evaluation; Unions IDENTIFIERS Professionalism ABSTRACT This publication contains 17 paperson the impact of collective bargaining on higher educationover the past 20 years. The papers are grouped in four sections on the state of unionsin higher education, individual ald collective rights inthe acader,y, bargaining in the trenches, and overviews ofpast and present legal issues. The papers are: (1) "Robust Unionismand Unions in Higher Education" by Arthur B. Shostak;(2) "Can Collective BargainingHelp Institutions During a Period of Constrained Resources?"by T. Edward Hollander; (3)"Is Unionization Compatible with Professionalism?"by David H. Rabban; (4) "Changes in the U.S. Systemof Industrial Relations: Its Impact on Collective Bargaining inHigher Education" by James P. Begin;(5) "Unions in a Battered Academy" by IrwinH. Polishook; (6) "The Impact of the Constitutionalizationof Higher Education on Collective Bargaining: Individual Rightsvs. Collective Action" by David H. Rosenbloom;(7) "Professional and Legal Limits to Academic Freedom" by Walter P. Metzger;(8) "Academic Freedom: Are There Permissive Parameters to Free Speech in the Academy?"by Timothy Healy;(9) "Peer Review and the Union: Hero or Hostage?" by Barbara A. Lee;(10) "When Collective Bargaining Fails: An Academic Perspective" by David Kuechle;(11) "When Collective Bargaining Fa.ls: A Management Perspective" by Thomas M. Mannix; (12) "Collective Bargaining Is the Name of the Game"by David Newton; (13) "Dispute Resolution in Higher EducationCollective Bargaining" by Norman G. Swenson;(14) "The Employee Health Care Cost Crisis"by Michael R. McGarvey; (15) "Seminal LegalDevelopments of the Past Twenty-Five Years Affecting Higher EducationCollective Bargaining" by Ann H. Franke;(16) "Twenty-Five Years of SeminalLegal Developments in Higher Education Collective Bargaining" by Woodley B. Osborne; and (17) "Campus Bargaining and The Law: The Annual Update" by James Cowden. (JB) I I I I I I I I Al / Ar 'PERMISSION TO REPRODUCE THIS MATERIAL HAS BEEN GRANTED BY NCSCBHEP - Baruch Is' College, CUNY TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC! U I DEPARTMENT OP EDUCATION Office 04 Educatronot Research and Improvement EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC' elms document has been reproduced as recerved from the person or organization oogrnating rt. 0 Minor changes have been made to rmprove reproduction Rostrty pcxnts 04 vow Or 00olVOI1.11 stated 1111114 dotir ment do not 011C4111184ily represent omorat OERI Merton 04 pottcy "rrv 2 BEST COPY AVAILABLE = , - THE IMPACT OF COLLECTWE BARGAINING ON HIGHER EDUCATION: A TWENTY YEAR RETROSPECTIVE Proceedings Twentieth Annual Conference April 1992 BETH HILLMAN JOHNSON, Editor AI& .1 I. 'VW National Center for the Study of Collective Bargaining in Higher Education and the Professions, Baruch College, CUNY Copyright ° 1992 in U. S. A. By the National Center for the Study of Collective Bargaining in Higher Education and the Professions Baruch College, The City University of New York All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise,without the prior permission of the publisher. Price: $30.00 ISSN 0742-3667 ISBN 0-911259-29-5 TABLE OF CONTENTS INTRODUCTION Beth Hillman Johnson I. THE STATE OF UNIONS IN HIGHER EDUCATION A. ROBUST UNIONISM AND UNIONS IN HIGHER EDUCATION 3 Arthur B. Shostak B. CAN COLLECTIVE BARGAINING HELP INSTITUTIONS DURING A PERIOD OF CONSTRAINED RESOURCES? 9 T. Edward Hollander C. IS UNIONIZATION COMPATIBLE WITH PROFESSIONALISM? 18 David M. Rabban D. CHANGES IN THE U.S. SYSTEM OF INDUSTRIAL RELATIONS: ITS IMPACT ON COLLECTIVE BARGAINING IN HIGHER EDUCATION 23 James P. Begin E. UNIONS IN A BATTERED ACADEMY 31 Irwin H. Polishook II. INDIVIDUAL AND COLLECTIVE RIGHTS IN THE ACADEMY A. THE IMPACT OF THE CONSTITUTIONALIZATION OF HIGHER EDUCATION ON COLLECTIVE BARGAINING: INDIVIDUAL RIGHTS VS. COLLECTIVE ACTION 39 David H. Rosenbloom B. PROFESSIONAL AND LEGAL LIMITS TO ACADEMIC FREEDOM 49 Walter P. Metzger C. ACADEMIC FREEDOM: ARE THERE PERMISSIVE PARAMETERS TO FREE SPEECH IN THE ACADEMY?.. 63 Timothy Healy D. PEER REVIEW AND THE UNION: HERO OR HOSTAGE') 70 Barbara A. Lee III. HIGHER EDUCATION COLLECTIVE BARGAINING IN THE TRENCHES A. WHEN COLLECTIVE BARGAINING FAILS: AN ACADEMIC PERSPECTIVE 81 David Kuechle B. WHEN COLLECTIVE BARGAINING FAILS: A MANAGEMENT PERSPECTIVE 95 Thomas M. Mannix C. COLLECTIVE BARGAINING IS THE NAME OF THE GAME 101 David Newton D. DISPUTE RESOLUTION IN HIGHER EDUCATION COLLECTIVE BARGAINING 107 Norman G. Swenson E. THE EMPLOYEE HEALTH CARE COST CRISIS 110 Michael R. McGarvey IV.AN OVERVIEW OF HIGHER EDUCATION LEGAL ISSUES PAST AND PRESENT A. SEMINAL LEGAL DEVELOPMENTS OF THE PAST TWENTY-FIVE YEARS EFFECTING HIGHER EDUCATION COLLECTIVE BARGAINING 117 Ann H. Franke B. TWENTY-FIVE YEARS OF SEMINAL LEGAL DEVELOPMENTS IN HIGHER EDUCATION COLLECTIVE BARGAINING 123 Woodley B. Osborne C. CAMPUS BARGAINING AND THE LAW: THE ANNUAL UPDATE 133 James Cowden INTRODUCTION The Twentieth Annual Conference of the National Center focused on a ietrospective view of higher educativn collective bargaining, looking at the beginnings of this movement to the present. During this period, academic collective bargaining has moved from its genesis to being an acknowledged method- ology for addressing faculty employment issues. Recognized faculty bargaining agents have increased from a handful of institutions to covering nearly a third of all college campuses in the United States.Though relatively scant growth has occurred over the past several years, the stability of higher education collective bargaining should be measured against the decline of membership in virtually every other sector of the economy. Placing higher education collective bargaining in this historical context enables us to assess the current state of development with a view to the future. DESIGN OF THE CONFERENCE Setting the stage for the conference program, we took a look at the current state of higher education unionization. In recognition of NCSCBHEP's Twentieth Annual Conference, Albert Shenker, President ofthe American Federation of Teachers, spoke on the experiences of academic unions during their first two full decades of bargaining, and commented on their present challenges and future goals. Arthur Shostak, a sociologist from Drexel University presented dynamic new approaches to unionization emerging in the 1990's as reported in his book,Robust Unionism: Innovations in the Labor Movement. EdwardHollander of theGraduate School of Management at RutgersUniversityand former New Jersey Chancellor of Higher Education suggested a number of ways that colleges and universities have dealt with recent fiscal cutbacks, including an exploration of how collective bargaining may impede or assist this process. David Rabban of the University of Texas School of Law, compared unionization with professionalism concluding through his research that, in some cases, professional values can even be strengthened by the collective bargaining agreement. His presentation focuses on professional influence in organizational policy-making. James Begin of the Rugters University Institute of Management andLabor Relations identified insights which are particularly relevant to the higher education enterprise from the landmark publication, The Transformation of American Industrial Relations, by Harry Katz, Thomas Kochan, and Robert McKersie. Irwin Polishook, President of the Professional Staff Congress of The City University of New York, spoke of the strength of academic unions within a battered academy. A second theme of the Conference was that of individual and collective rights in the academy. David Rosenbloom of the School of Public Affairs at The American University gave his views on the impact of the constitutionalization of higher education on individual rights and collective action within academe. He presented a number of Supreme Court decisions which, in recent years, have tended to uphold the rights of the individual in public higher education. Walter Metzger, a historian from Columbia University, discussed the limits on academic freedom as defined by the professicn itself and from an analysis of certain applicable legal decisions. Timothy Healy, of the New York Public Library, spoke of three cases in which he was personally involved dealing with academic
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