The California Public Employment Relations Board ruled Jan. 8 that an administrative law judge erred when he said a college could force a unit of part-time faculty that was actively preparing for a collective bargaining election to become part of a pre-existing full-time unit on the campus.

The part-timers' battle to determine who would be their bargaining agent has been escalating in the past year but, as summarized in the PERB decision, the struggle began almost five years ago. That was when some of the 375 part-time faculty who teach at the College of the Canyons in the Santa Clarita Community College District decided to earnestly pursue unionization.

In 1998, some members of a group called Part-time Faculty United (PFU), went to the leaders of the 150-member full-time faculty union (the College of the Canyons Faculty Association) and to the state affiliate (the California Teachers Association) asking that COCFA organize the adjuncts as a union. COCFA declined, and the CTA said it might be willing if the adjuncts could offer a show of interest. The PFU called back when it collected 100 signed cards. Still COCFA and CTU did not respond to repeated requests, and at a faculty meeting some leaders expressed the opinion that the part-timers would dilute the vote of the full-time faculty.

In fall 2001, the PFU called the AFT and the affiliation soon was established and a card drive under way. PFU filed for an election the following spring. Meanwhile, in November 2001, COCFA changed its mind about the part-timers and asked the district to modify the union contract to include part-timers in the unit. When part-timers received a letter notifying them that they had been folded into the full-time unit, unbeknownst to any, they cried foul and the organizing committee of PFU/AFT filed an unfair labor practice (ULP) case with the PERB.

In November 2002, an administrative law judge proposed a ruling on the ULP that the district was within its rights to make the modification. But the Jan. 8 decision overturns that ruling, finding that the district acted to modify the full-time unit despite no indication from the COCFA or the PFU of majority support for the change. In fact, the ruling says:

"The District was on notice of PFU's efforts to organize the part-time faculty when it chose to enter into the unit modification with COCFA. In so doing, the District demonstrated support for COCFA, conduct that unlawfully tends to influence employee selection, in violation of EERA [the Educational Employment Relations Act] ... . "

The district is appealing the PERB ruling.

Chuck Whitten is a vice president of the PFU organizing committee and a plaintiff in the PFU suit. The decision of what union will represent him, he says, "is my choice. It's a democratic choice." [Barbara McKenna]

[February 14, 2003]