ADELPHI UNIVERSITY 69
‘Adelphi University and Adelphi University Chapter,
‘American Association of University Professors, Pe-
titioner. Case 29-RC-1640
February 29, 1972
DECISION AND DIRECTION OF ELECTION
By CHAIRMAN MILLER AND MEMBERS FANNING
AND KENNEDY
Upon a petition duly filed under Section 9(c) of the
National Labor Relations Act, as amended, a hearing
was held before Hearing Officer Steven Fish. Following
the hearing, and pursuant to Section 102.67 of the Na-
tional Labor Relations Board Rules and Regulations,
Series 8, as amended, the Regional Director for Region
28, on July 23, 1971, transferred this case to the Board
for decision. Thereafter, the Employer' filed with the
Board its brief previously filed with the Regional Direc-
tor.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the Na-
tional Labor Relations Board has delegated its au-
thority in this proceeding to a three-member panel.
The Board has reviewed the Hearing Officer's rulings
made at the hearing and finds that they are free from
Prejudicial error. They are hereby affirmed.
Upon the entire record in this case, the Board finds:
1. The parties stipulated that Adelphi University is
‘private, nonprofit university located at South Avenue,
Garden City, Long Island, New York. During the past
year the University derived gross revenues in excess of
Si million exclusive of contributions, which, because of
limitations by the grantor, are not available for use for
operating expenses. During the same period, the Uni-
versity purchased materials valued in excess of $50,000
from sources located outside the State of New
York. Based on the foregoing stipulated facts, we find
that the Employer is engaged in commerce within the
Meaning of the Act and it will effectuate the purposes
Of the Act to assert jurisdiction herein.
* 2. The labor organizations involved" claim to repre-
Sent certain employees of the Employer. :
the A gusstion affecting commerce exists concerning
Tepresentation of certain employees of the Em-
Ployer within the meaning of Section 9(c)(1) and Sec-
‘ion 2(6) and (7) of the Act.’
a.
Enplyers sxgument, opposed by the Petoner
sherpa renee
TRY rent the es ad he pntions of he Pe.
cn Leman made the bearing Ui Federation of Coleg Tech
{SLSR Amecn Federation of Teacher AFL-CIO, wa ert
‘SERS the bs fi homing of interes
one the Employer moved to dsmis the pet
othe wounds thatthe showings of interest submitted by both aber
patcpation. Upon ace
4. The Petitioner and Intervenor each seeks to repre-
sent a unit of all full-time and regular part-time faculty,
including professional librarians and research associ-
ates. The Employer stipulated to the appropriateness of,
the foregoing unit‘ but would also include therein the
graduate teaching and research assistants. The parties
further disagree on the supervisory status of certain
department and sequence chairmen, and various pro-
gram directors and coordinators whom the Employer
would exclude and the Petitioner and Intervenor would
include. Also in issue are the faculty members who
serve on the University’s personnel and grievance com-
mittees; the Petitioner and Intervenor would include
them in the unit, while the Employer takes no position,
but notes that these committee members collectively
possess and exercise supervisory authority. There is no
bargaining history involving any of the foregoing em-
ployees.
BACKGROUND
‘Adelphi University is a private educational institu-
tion chartered by the Board of Regents of the State of
New York. It is composed of the college of arts and
sciences, the graduate school of arts and sciences, and
schools of business administration, nursing, and social
work. The University employs 600 faculty members
and professional librarians of whom 338 are full-time
and 262 are part-time.
‘The University is governed by a board of trustees
which appoints the president. The vice president for
academic affairs, Dr. James B. Kelly, is directly respon-
sible to the president and the board for the University’s
teaching and administrative personnel. Each of the
Taminntately advised, an ae sts, thatthe Employer's contention
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ta asc, decir ofthe school of nursing, rector ofthe ce
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ees tee ovtuet carer, atroctor in the schoo of soca
fnclyfoncem py cuit agocicn, pnts, ad eupervos within he
re en spat tat ‘regular part- aployee shall be
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see rs te er aeiyed nh cen seme tnd who hs Bee
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Strummer ssi40. DECISIONS OF NATIONAL LABOR RELATIONS BOARD
University’s schools is headed by a dean who is directly
responsible to Dr. Kelly and who may have associate
and/or assistant deans under him. In addition to the
academic schools there are six nonacademic divisions
headed by directors, also under Dr. Kelly's direct juris-
diction: admissions, the instructional media center, the
‘computer center, the registrar, director of libraries, and
the research administrator's office.*
Each of the schools, except the school of business
administration, is divided along academic lines into
departments or “sequences,” as they are called in the
school of social work, which are headed by chairmen.
In addition, there are various interdisciplinary and spe-
cialty programs within the several schools each of
which is headed by a director or coordinator. The roles.
which these chairmen, directors, and coordinators per-
form will be discussed more fully, infra.
Two written documents, adopted by the faculty and
approved by the board of trustees, shape the theory and
practice of the administration of the University’s
professional personnel relations program. These are the
faculty constitution’ and the personnel plan. The per-
sonnel plan has as one of ts stated purposes “to assure
that, in accordance with the provisions of this Plan, the
faculty shall have primary responsibility for all person-
nel decisions concerning its members.” In that connec-
tion, the personnel plan provides, inter alia, for the
methods of selecting department chairmen and estab-
lishes the University’s personnel committee and griev-
ance committee. As more fully discussed below, these
‘committees act upon matters affecting faculty status
and grievances.
DISPUTED CATEGORIES
1. GRADUATE ASSISTANTS
There are 125 graduate assistants, consisting of 100
teaching assistants and 25 research assistants, all of
whom are graduate students of the University working
towards their master’s or Ph.D. degrees. Approxi-
mately two-thirds of the graduate teaching assistants
work in the science disciplines where, for the most part,
they teach laboratory courses and, to a lesser extent,
recitation classes. These classes are part of regular
science courses which are under the charge of regular
faculty members each of whom determines the content
of his course and the grades to be given to his students.
The teaching assistants grade students in the lab or
recitation classes and submit their grades to the faculty
Except for the director of instructional media center, who will be fully
iscussed, infra, the partes stipulated to exclude the directors of these
nomacadenic divisions. Seto. 4 spr
"The constitution, among other things, creates the University Senate,
hone membership consists of both students and faculty and which makes,
and/or advises on, policy decisions in various enumerated area affecting the
University's academic and administrative life.
‘members, who may or may not consider them in deter-
mining the students’ final grades. In the nonscience
area, the teaching assistants have no regular classes, but
sometimes substitute for absent faculty members and
assist in preparing examinations and grading papers.
The 25 research assistants are all in the science field.
They do no teaching and work directly with a faculty
member on research projects.
‘All graduate assistants are expected to devote 20
hours per week to their assistantship duties, for which
they are paid from $1,200 to $2,900 per academic year
(Gepending on the degree toward which they are work-
ing and the subject area in which they are involved)
plus free tuition for their courses. The graduate assist-
ants generally enroll in courses for up to 12 hours per
week.
Based upon their academic qualifications, functions,
and remuneration (which, with tuition, is sometimes
greater than that of regular part-time faculty mem-
bers), the University contends that the graduate assist-
ants enjoy a community of interest with the regular
faculty which warrants their inclusion in the nit. We
disagree.
The graduate assistants are graduate students work
ing toward their own advanced academic degrees, and
their employment depends entirely on their continved
status as such. They do not have faculty rank, are not
listed in the University’s catalogues as faculty mem
bers, have no vote at faculty meetings, are not elig
for promotion or tenure, are not covered by the Univer-
sity personnel plan, have no standing before the Uni
versity’s grievance committee, and, except for health
insurance, do not participate in any of the fringe be
nefits available to faculty members. Graduate assistants
may be elected by the students as their representatives
on student-faculty committees. Unlike faculty mer
bers, graduate assistants are guided, instructed, 9°
sisted, and corrected in the performance of their —
antship duties by the regular faculty members t0 ¥!
they are assigned.
their inclusion in the unit. Accordingly, we shall &®
clude them."ADELPHI UNIVERSITY on
Il. ALLEGED SUPERVISORS
A. Department Chairman
The college of arts and sciences is divided along
academic lines into approximately 20 departments
which offer both undergraduate and graduate courses.’
Inthe graduate school of arts and sciences, there is only
one department, earth sciences, which for the most part
has only graduate students. Each of these departments
is headed by a chairman having essentially similar du-
ties and responsibilities.
The selection of department chairmen in the college
and graduate school is governed by the University's
personnel plan which provides that chairman:
shall be appointed by the President after full
consultation with the department and related de-
partments and approval of the prospective chair-
man by a secret ballot of those full-time faculty
who have been full-time’ members of the depart-
ment for at least one year. If a deadlock occurs
between the President and the Department, the
President shall submit his choice for department
chairman to the University Personnel Committee
for its recommendation. In cases where the dead-
lock concerns an incumbent chairman, the recom-
mendation of the University Personnel Committee
shall be final.
Dr. Kelly testified that, in practice, the dean infor-
mally canvasses the department's faculty to determine
who would be most acceptable to them as chairman.
Based on this information, and Dr. Kelly's recommen-
dation, the president nominates the person having the
{reatest peer support and the department then votes on
‘the nomination in the manner prescribed by the Uni-
|
tecstinal raining school program by reason ofthe sriariy oftheir sils
{ining salves, fringe benefits, working conditions and the high degre of
‘Sterdination and integration inthe use oftheir training and kis infor
‘alting and implementing the employer's educational program. 18 the
instant cate, we have found that the graduate assistants ae primal tur
they therefore do not share simile community of interest with
ty members and profesional Hbrarias.
‘ther hand, some similarity docs exist between the graduate
et andthe technical laboratory ssians whom the Boacd
ftom profesional teaching init in Long Island University
‘Bevoki Center, 189 NURB No. 110. Thus, ke the eraduate aston
technical assistant in that cae held bachelor's degrees with master's
‘tees in progress, and worked in the science laboratories assisting regular
‘cy members in preparing demonstrations and experiments in comnes-
‘Bmatith the faculty's regular science course. They also assisted the regular