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Labor & Employment Law

: New York Public Personnel Law

Determining elements when considering the ?community of interest? of academic staff of a college in a negotiating unit

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Determining elements when considering the ?community of interest? of academic staff of a college in a negotiating unit
County of Nassau And Nassau Community College and Adjunct Faculty Association at Nassau Community College and Nassau Community College Federation of Teachers, CP-1123 & CP-1140
Source: PERB Staff reports

In this action, PERB Administrative Law Judge Blassman granted the County?s placement petition which sought, as amended, to place the position of ?LINCC lecturer? in the unit represented by the Nassau Community College Federation Of Teachers [NCCFT].

The ALJ held that, although the LINCC lecturers were different from the full-time faculty represented by the NCCFT because they are not eligible for tenure and do not participate in the governing structure of the College, they nonetheless held a closer community of interest with the NCCFT faculty than the adjunct faculty represented by the AFA.

The closer community of interest was based upon the fact that the LINCC lecturers and the NCCFT represented employees both work full-time, receive health insurance and other fringe benefits, are given an office and are required to hold office hours, counsel students and participate in the College?s professional life by attending faculty meetings and serving on committees.

The adjunct faculty in AFA?s unit, in contrast, are part-time employees who receive no health insurance or other fringe benefits, are not given an office and do not maintain office hours or serve on committees and, therefore, have less of a connection to the College.

Full post as published by New York Public Personnel Law on April 07, 2010 (boomark / email).

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