Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Saturday, March 5, 2011

More On Public Sector Union Busting. Ohio Wants To Designate Prof.'s As Managerial Employees

Joe Hodnecki, over at Law Librarian Blog follows up on a posting I did on Union Busting in Wisconsin and elsewhere.  Joe points out that a proposal in Ohio would designate professors as managerial employees. Joe does not  view this as union busting per se, but an attempt to deal with economic realities. 

With respect Joe, that is laughable. Collective bargaining has been working in Ohio for years. If it is about economics, then the Governor should seek concessions from the unions to deal with those tough economic issues. Tenure rights are not collective bargaining rights. Additionally, if there were not a union to protect tenure and provide representation when necessary, that right could be marginalized. 

In terms of calling professors managerial employees. That is an obvious attempt to apply Yeshiva private sector principles to the public sector. But that is like comparing apples to organges. A public university is not an independent institution. It is financed by the state and subject to state policies. While I am not familar with Ohio law, my bet is that the legislature sets the tutition as well as tenure issues. While the profs may be managers over the students, they are not the managers of the university. Therefore, the Supreme Court's 1980 Yeshiva University case should have no application-unless of course it is put their by legislation. That is why I believe this proposed legislaation is another example of union busting period. 

Mitchell H. Rubinstein

Public Sector Labor Law, Unions | Permalink


Well, Mitch I've always been pro-management and never have looked positiviely on lifetime job security being required to protect academic freedom; apparently neither does the ABA right now. You're right that Ohio has always been a union stronghold but Ohio is also a rustbelt industrial state. The irony here is many union members vote Republican and Republicans now control state government in Ohio.

Posted by: Joe Hodnicki | Mar 6, 2011 6:32:57 AM

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