Introduction to the Crisis
Loyola Marymount University has abruptly announced that it will no longer recognize its faculty union, a decision that has sent shock waves through the academic community. This move comes after 10 months of negotiations between the university and the union, which represents nearly 400 part-time and full-time educators who do not hold tenure-track positions.
Background on the Union and Its Recognition
The news was delivered in an email to students and employees on Friday, sparking outrage among union members. Paul S. Viviano, chairman of the university’s board of trustees, cited the university’s "constitutionally protected religious exemption" from the jurisdiction of the National Labor Relations Board (NLRB) as the reason for ending its engagement with the union. The U.S. Supreme Court has ruled that religious colleges are not under the purview of federal labor laws and need not recognize unions, although many have chosen to do so voluntarily.
Reaction from the Union and Faculty Members
The decision has been met with protest and allegations of union-busting from faculty members as well as leaders of Service Employees International Union Local 721, the labor group that represents them. Unionized employees have accused the university of aligning with efforts to undermine the labor movement. David Green, president and executive director of SEIU 721, vowed that faculty members will fight this decision, stating, "[F]aculty members will fight this with everything we have. LMU messed with the wrong union."
University’s Justification for the Decision
Administrators defend the move, arguing that it will help support the university’s financial health and thus "protect [its] Catholic mission." Kat Weaver, the university’s interim executive vice president and provost, stated that the changes proposed by the union would force an 18% tuition increase, 300 layoffs, and cuts to student programs, leading the board of trustees to invoke the religious exemption as the "responsible path."
Impact on Faculty Members
Faculty members voted overwhelmingly to join SEIU, citing issues of low pay and precarious job status. Many work on short, semester-long contracts and teach a variety of subjects. Bryan Wisch, a rhetorical arts instructor and alumnus of the university, highlighted that 75% of faculty in the union work part-time on semester-long contracts for "poverty wages." Even full-time positions offer limited job security, with contracts lasting one to three years and annual pay that is insufficient to live in costly Los Angeles.
Protests and Plans for Action
Scores of staff members and union organizers have rallied outside the university’s campus, protesting the decision and calling for the university to return to the bargaining table. The union plans to file an unfair labor practice charge with the NLRB. The university, however, claims it is committed to working with non-tenure-track faculty to improve conditions but wants to remove the "third-party intermediaries of SEIU and NLRB."
Legal and Historical Context
The decision by Loyola Marymount University to invoke its religious exemption is not unprecedented. Recent years have seen several educational institutions claim this exemption to shut down established faculty unions. The U.S. Supreme Court’s decision in 1979 regarding the Catholic Bishop of Chicago ruled that the NLRB should not regulate religious institutions, citing concerns over religious freedom protections. Since then, federal courts and the NLRB have grappled with defining what constitutes a religious institution and the reach of the labor board in such cases.
Conclusion
The abrupt decision by Loyola Marymount University to rescind recognition of its faculty union has significant implications for the academic community, labor rights, and the interpretation of religious exemptions in the context of federal labor laws. As the situation unfolds, it remains to be seen how the university, the union, and the legal system will navigate these complex issues. The conflict highlights the ongoing tension between religious institutions, labor rights, and the role of the NLRB in governing collective bargaining in private education.
FAQs
- Q: Why did Loyola Marymount University decide to no longer recognize its faculty union?
A: The university cited its "constitutionally protected religious exemption" from the jurisdiction of the National Labor Relations Board as the reason for ending its engagement with the union. - Q: How many faculty members are represented by the union?
A: The union represents nearly 400 part-time and full-time educators who do not hold tenure-track positions. - Q: What are the potential consequences of the university’s decision for faculty members?
A: Faculty members may face reduced job security, lower pay, and fewer benefits, as the union’s ability to negotiate on their behalf is eliminated. - Q: Is Loyola Marymount University’s decision to invoke its religious exemption unique?
A: No, several educational institutions have recently claimed religious exemptions to avoid recognizing or to dissolve existing faculty unions. - Q: What legal avenues are available to the union to challenge the university’s decision?
A: The union plans to file an unfair labor practice charge with the NLRB, although the success of such challenges is uncertain given recent court rulings that have curtailed the NLRB’s reach over religious institutions.
