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NEUTRALITY AND ELECTION AGREEMENT

This Agreement is made this [ 16th ] day of [ July ] , 2015, between BARNARD
COLLEGE , hereinafter referred to as "the Employer" or "the College," and the International
Union, UAW, and its affiliate, BCF/Local 2110, hereinafter collectively referred to as "the
Union."
WHEREAS, the Union filed petition with the National Labor Relations Board in Case No. 2RC-154022 seeking to represent contingent faculty of the College
WHEREAS, proceedings before the NLRB may generate conflict and uncertainty; and
WHEREAS, the parties desire to establish a fair and expeditious method to enable
employees of the College to decide, free of interference, whether they wish to be represented
by the Union or any other labor organization;
THEREFORE, the Employer and the Union agree as follows:
1. Determination of Majority Status. The question of whether a majority of the
employees in the unit set forth in paragraph 3 support the union shall be determined in
an election conducted by Region 2 of the National Labor Relations Board (NLRB).
If a majority of employees voting in an election conducted by the NLRB pursuant to
the terms of this Agreement votes in favor of representation by the Union, the
Employer immediately shall grant recognition to the Union as the exclusive collective
bargaining representative of the employees in the unit with all of the rights and
obligations of a Union certified by the NLRB.
2. Eligible Voters. Eligible to vote shall be any employees in the unit described below
in paragraph 3 who taught at least one class during the Fall or Spring semester during
the 2014-15 academic year.
3. Appropriate Collective Bargaining Unit: INCLUDED: The following off-ladder
officers of instruction who teach classes at Barnard College on a full- or part-time
basis: All Adjunct Assistant Professors, Adjunct Associate Professors, Adjunct
Professors, Adjunct Associates, Adjunct Senior Associates, Adjunct Lecturers,
Adjunct Visiting Assistant Professors, Adjunct Visiting Professors, Guest Artists,
Laboratory Associates, Senior Activist Fellows, Senior Scholars, Distinguished
Fellows, Anna Quindlen Writers in Residence, Distinguished Artists in Residence,
Term Assistant Professors, Term Associate Professors, Term Professors, Term
Assistant Professors of Professional Practice, Term Lecturers, and Term Senior
Lecturers. EXCLUDED: Assistant Professors of Professional Practice, Associate
Professors of Professional Practice, Professors of Professional Practice, Associates,
Lecturers, Senior Associates, Senior Lecturers, Post Doc Fellows, Post-Doctoral
Research Associates, Graders, Teaching Assistants, Research Professors, Research
Scholars, and Research Scientists, and guards, and supervisors and managerial
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employees as defined in the Act. Faculty hired for full time positions by the full-time
hiring process who are temporarily on a reduced schedule for personal reasons shall
be considered full-time.
4. Neutrality:
The parties agree that the decision whether to be represented for
purposes of collective bargaining should be made by the covered employees free from
influence by the Colleges administration. The Colleges administration will maintain
a policy of neutrality and shall not advise employees concerning how they should
respond or vote during the organizing campaign. The College will communicate its
position of neutrality to the broader College community and encourage supervisors to
act in accord with the policy. The President of the College shall issue a statement to
the above effect within three business days of the signing of this agreement. A copy
of her statement is appended as Exhibit A. The statement will be distributed by email
to all employees of the College and shall be posted on the College website. In order
to provide a procedure to enable the employees to exercise this right, the parties agree
to the following procedure:
a)
On Monday, July 20, 2015, the Employer shall provide the Union with a list,
in Excel format, of all employees in the unit, with addresses, telephone numbers, email addresses, job titles, and departments where they are employed. The Union will
not use this list for other than internal Union administration and communication with
the covered employees.
b)
A reasonable number of Union representatives shall be permitted access to all
areas of the campus that are open to the public for the purpose of communicating and
meeting with employees and posting literature in accordance with the Colleges
posting policy, provided that the Union does not disrupt the operations of the College.
The names of such representatives, who are not College employees, shall be provided
in advance to the College.
c)
Employees in the unit shall be permitted to wear shirts, buttons, and other
items expressing their position as to whether to select the Union as their collective
bargaining representative.
d)
The Unions organizing campaign shall not disparage the College or its
representatives. The Colleges administration shall not disparage the Union or its
representatives.
5. Timing of Election: An election shall be conducted by the NLRB by mail ballot,
ballots to be sent out on September 14, 2015 and shall be returned by October 1,
2015.
6. Enforcement:
a)
Should any dispute arise between the parties prior to an election concerning
compliance with the provisions of sections 1 through 5 of this agreement, the parties
shall meet upon notice of an alleged violation from either within two business days
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and attempt to resolve the matter. If they are unable to resolve their dispute, the
matter will be referred to Martin Scheinman within three business days following the
informal resolution process by the party alleging the violation; however, commencing
September 7, an unresolved dispute over an alleged violation of this Agreement will
be heard by the Arbitrator within two business days. The parties agree to make
themselves available during the evenings in order to comply with this time limit.
Arbitrator Scheinman shall have the authority to ensure compliance with this
Agreement, including bench decisions, temporary restraining orders or preliminary
injunctions that expire no later than October 1, 2015.
b)
If Arbitrator Scheinman is unavailable to resolve issues pursuant to this
Agreement, Arbitrator Scheinman may designate a substitute arbitrator from the
existing Barnard/2110 arbitration panel.
c)
All orders and decisions issued by an arbitrator pursuant to this Agreement
shall be final and binding on the parties. Upon application of a party to this
Agreement, any court of competent jurisdiction located within the County of New
York, State of New York, shall, in accordance with law, enforce the arbitrators
temporary restraining orders or preliminary injunctions. The parties hereby consent
to the entry of an order of an arbitrator as the judgment or order of the court, without
findings of fact or conclusions of law. In the event of an unsuccessful challenge to an
arbitration award issued pursuant to this agreement, the party who challenged the
award or who unsuccessfully objects to the entry of an award of the arbitrator as an
order of the court shall pay the reasonable attorneys fees and costs of the other party.
7.

This Agreement shall terminate on October 2, 2015.


FOR:
Barnard College

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BCF/UAW Local 2110