New School for Social Research

National Labor Relations Board - Board Decisions

Feb 21, 1984

268 N.L.R.B. 1011 (N.L.R.B. 1984)

NEW SCHOOL FOR SOCIAL RESEARCH
Parsons School of Design, a Division of the New
School for Social Research and Parsons Faculty
Federation, New York State United Teachers,
American Federation of Teachers, AFL-CIO,
Petitioner. Case 2-RC-19396
21 February 1984
DECISION ON REVIEW
BY CHAIRMAN DOTSON AND MEMBERS
HUNTER AND DENNIS
On I April 1983 the Regional Director for
Region 2 issued a Decision and Direction of Elec-
tion in the above-entitled proceeding in which he
found appropriate a unit comprised of all full-time
and part-time instructors employed at the Employ-
er's New York City campus.' The Employer then
filed with the Regional Director a motion for re-
consideration which was granted and, alternatively,
a motion to reopen the record which was denied.
Thereafter, pursuant to Section 102.67 of the
Board's Rules, the Employer filed a timely request
for review of the Regional Director's decision con-
tending that, in finding a full-time/part-time faculty
unit appropriate, the Regional Director made erro-
neous factual findings and departed from estab-
lished Board precedent. 2 By telegraphic order
dated 6 May 1983, the Board granted the Employ-
er's request for review. The Employer has filed, as
its brief on review, its request for review. The Peti-
tioner has filed an opposition which includes its
posthearing brief to the Regional Director.
The National Labor Relations Board has delegat-
ed its authority in this proceeding to a three-
member panel.
The Board has reviewed the entire record in this
case and makes the following findings:
Parsons School of Design, a Division of the New
School for Social Research, is a New York not-for-
profit corporation engaged in the operation of insti-
tutions for higher education with campuses located
in New York, New York, Los Angeles, California,
and Paris, France. At the time of the hearing, ap-
proximately 20 full-time instructors and 200 part-
' The Regional Director directed an election in a unit of "all full-time
instructors and all part-time instructors employed by the Employer at its
New York City campus, excluding deans, foundation year director, de-
partment chairpersons, department coordinators, librarians, technicians,
instructors in the Employer's continuing education program, office cleri-
cal employees, guards, and supervisors as defined in the Act."
2 In its request for review, the Employer contends that the Regional
Director's finding departs from Board precedent established by New York
University, 205 NLRB 4 (1973), in which the Board overruled University
of New Haven, 190 NLRB 478 (1971), and found the inclusion of part-
time faculty in a faculty unit inappropriate in light of differences in com-
pensation, participation in university governance, eligibility for tenure,
and working conditions. Additionally, the Employer contends that a unit
comprised of part-time instructors is inappropriate in light of their "di-
verse and heterogeneous" backgrounds and interests and commitment to
full-time professional careers other than teaching.
268 NLRB No. 154
time instructors were employed at the Employer's
New York location for the purpose of instructing
students in various art-related fields.
The New York City campus is divided into
seven academic departments: fine arts, fashion
design, illustration, environmental design, commu-
nications design, crafts, and photography. In addi-
tion, there are three non-degree-bearing programs:
art history, liberal arts, and the foundation year.
With the exception of the liberal arts programs,
each division is headed by a full-time chairman or
coordinator who is appointed by the Employer's
executive dean and who, in turn, participates in the
selection of part-time instructors.
Full-time instructors teach approximately 18
hours per week, are salaried, generally receive
hourly contracts, 3 and are eligible for insurance
benefits and inclusion in the Employer's pension
program. Part-time instructors, who generally
pursue full-time careers in art or art-related fields,
are hired on a yearly or semester basis at a session-
al rate4 which varies according to type of course
taught and the instructor's reputation or experi-
ence. Part-time instructors are not eligible for in-
clusion in the pension plan or for paid insurance
benefits. While both full-time and part-time instruc-
tors receive virtually identical employment con-
tracts which contain, inter alia, language that a
course may be canceled and salary adjusted com-
mensurately, the record indicates that full-time in-
structors generally are permitted to "make up" lost
teaching hours rather than suffer a salary decrease.
Neither full-time nor part-time instructors are eligi-
ble for tenure, nor do they participate in university
governance. Full-time faculty members may share
offices with part-time faculty, and both employee
groups participate to about the same limited extent
in nonteaching activities such as counseling stu-
dents.
In making his unit determination, the Regional
Director, relying on University of San Francisco,
265 NLRB 1221 (1982),5 found that part-time in-
structors share a community of interests by virtue
of their hiring on the basis of special expertise, pur-
suant to identical employment contracts, common
method of compensation, and similar working con-
ditions, including the teaching of regularly sched-
s Pursuant to a recent change in policy, 2-year contracts have been au-
thorized for full-time faculty members who have taught at Parsons, New
York, for 5 years.
4 A "session" is defined as three student contract hours per week.
5 In University of San Francisco, supra, the Board found a unit of part-
time faculty members appropriate based on a common method of hire
and compensation, similar employment contracts, similar terms and con-
ditions of employment, individual freedom to design curriculum and
teaching methods within an assigned course description, proximate work
locations, and opportunity for contact with other unit members.
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DECISIONS OF NATIONAL LABOR RELATIONS BOARD
uled classes and the flexibility of working hours.
Without finding a separate part-time unit appropri-
ate, the Regional Director further found that full-
time instructors have a community of interest with
part-time instructors as members of both employee
groups share offices, have common departmental
and overall supervision, receive similar employ-
ment contracts, participate about equally in non-
teaching duties, and are ineligible for tenure. Thus,
he concluded that a unit comprised of both full-
time and part-time faculty members was appropri-
ate, finding that differences in wages and benefits
did not demonstrate a lack of community of inter-
est. In so doing, he distinguished this case from
New York University, supra, finding that, with the
exception of compensation, part-time and full-time
faculty herein do not differ significantly with re-
spect to those relevant factors found to warrant the
exclusion in New York University of part-time in-
structors from a faculty unit.
The record here shows that the Petitioner, by its
amended petition, sought to represent a unit of
part-time faculty employed at the Employer's New
York City campus. In light of this request, we find
it unnecessary to determine whether an overall full-
time/part-time faculty unit would be appropriate.
We find, however, that a part-time faculty unit is
appropriate under University of San Francisco,
supra, based on the community of interest among
part-time faculty members demonstrated by the fac-
tors set forth in the Regional Director's decision
described above.
In view of the foregoing, we shall modify the
unit found appropriate by the Regional Director to
exclude full-time faculty. Accordingly, we find that
the following is an appropriate unit for the pur-
poses of collective bargaining within the meaning
of Section 9(b):
All part-time instructors employed by the Em-
ployer at its New York City campus, exclud-
ing deans, foundation year director, depart-
ment chairpersons, department coordinators, li-
brarians, technicians, instructors in the Em-
ployer's continuing education program, office
clerical employees, guards, and supervisors as
defined in the Act.
The Board has been administratively advised that
the Regional Director for Region 2 has impounded
the ballots from an election conducted among the
employees in the appropriate unit. Accordingly,
We remand this proceeding to the Regional Di-
rector for the purpose of opening and counting the
ballots in the election held herein and for further
appropriate action.
1012