ISU Nontenured Faculty File Suit Over Union Eligibility Rules

HEARINGS IN EARLY January will determine who can be part of a collective bargaining unit for Illinois State University non-tenure-track faculty.

Administrative law judge Allen Oehlert will hear the case starting January 7th in Springfield. Union organizers expect to have a decision in time for a spring vote.

Administrators and nontenured faculty met with Oehlert December 13th to find uncontested ground on who should be in the unit. Both sides filed legal briefs and Oehlert ruled on those December 30th.

Faculty spokeswoman Sharon MacDonald said setting a vote depends on how long the hearings last. The judge gets several weeks to rule and faculty must wait 30 days to vote.
Appeals could delay a vote.

Nontenured faculty last spring announced plans to organize with the Illinois Education Association, citing low pay, poor benefits and shaky job security. Faculty and administrators began debating in November who is eligible for representation.

ISU argued non-tenured faculty who teach less than 75 percent of a full load, haven’t had full loads for three semesters in a row or work full-time in Milner Library or academic support are ineligible.

University spokesman Jay Groves said that is still the school’s position. He added ISU is basing its opinion entirely on relevant state statutes.

MacDonald said ISU’s idea of the unit is too strict, cutting two-thirds of nontenured faculty: “Our position is simple. If you have a non-tenure-track teaching contract, you should be in the union.”

She said ISU dropped its demand that faculty teach more than 75 percent of a full load, but Groves said he does not believe that to be the case. That issue likely will be addressed at the hearings.

The sides must address a law that as of January will expand how many part-time faculty are eligible for a union. Groves said he isn’t sure how much–if any–applicability the law has to ISU.

MacDonald is confident the judge will include all faculty her group feels should be included.

However, she can’t say how large that group is because it is hard to count nontenured faculty at ISU. ISU lists more than 450, but the list MacDonald’s group gave the court has about 400.

MacDonald said determining the bargaining unit is a matter best left to a judge. She said her group isn’t looking to reach a compromise with ISU; they just want to follow the law.

“If there is something in the law that would exclude someone, there’s not a thing we can do,” she said. “But we think the law is on our side, and that we’re going to get more of our people in there.”