I. Supervisors and Managers
Under Pennsylvania labor law, supervisors and managers are not eligible to unionize because they are considered part of management rather than the labor force. Supervisors have the authority to make recommendations regarding hiring and disciplining employees or directing their work, among other duties. Managers have the authority to develop and carry out policy.
Through discussion, the University and the United Steelworkers agreed that faculty in the following roles all have responsibilities that are supervisory or managerial:
- Department Chairs, Vice Chairs, Division Chairs,
- Assistant and Associate Deans, and
- Executives (Deans, Regional Presidents and Vice Presidents, Vice Provosts and Associate Vice Provosts, Vice Chancellors and Associate Vice Chancellors).
The University and the United Steelworkers also agreed that certain positions in the University Library System, as well as the directors of certain centers, should be considered supervisors and managers based on their levels of responsibility/oversight for other employees and/or their authority to develop and carry out policy.
II. Part-Time Faculty without a Sufficient, Recent Work History
Under Pennsylvania labor law, a labor union can represent only regular, part-time employees, but not temporary, casual employees who do not have an expectation of continued employment. In the higher education sector, parties generally determine whether an employee is a casual or a regular employee based on how often a part-time faculty member has worked.
Here, the University and the United Steelworkers agreed that part-time faculty are considered regular and eligible to vote if they (1) worked for the University as a faculty member for pay at least one semester since Summer 2020 (meaning Spring 2021, Fall 2020 and Summer 2020); and (2) worked for the University as a faculty member for pay at least two semesters since Summer 2018.
III. Faculty on Long-Term Disability
Faculty on long-term disability are not eligible to vote because they are not actively employed by the University.
Faculty on leaves of absence remain eligible.
IV. School of Medicine Faculty
Though a Hearing Examiner appointed by the Pennsylvania Labor Relations Board agreed with the University that School of Medicine faculty do share a community of interest with all other University faculty, he chose to exclude them from the unit in response to the United Steelworkers’ stance. Although the University believes that all faculty should have the same rights, the ruling means that School of Medicine faculty are not eligible to vote in the election.