Saturday, March 5, 2011
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