Columbia College Chicago

National Labor Relations Board - Unpublished Board Decisions

Nov 27, 2017

13-CA-165872 (N.L.R.B. Nov. 27, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COLUMBIA COLLEGE CHICAGO
and Case 13-CA-165872
TANYA HARASYM, et al.,
PART-TIME FACULTY ASSOCIATION AT COLUMBIA
and Case 13-CB-165873
TANYA HARASYM, et al.,
PART-TIME FACULTY ASSOCIATION AT COLUMBIA
and Case 13-CB-202023
CLINT VAUPEL
PART-TIME FACULTY ASSOCIATION AT COLUMBIA
and Case 13-CB-202035
COLUMBIA COLLEGE CHICAGO
ORDER1
The Motion to Dismiss filed by Part-Time Faculty Association at Columbia
College (the Union) is denied. The Union argues that the Board is required to defer to
an arbitrator’s award finding that full-time staff employees who teach part-time (FTST)
are excluded from the collective-bargaining unit, which is contrary to the Regional

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
Director’s August 30, 2017 determination that the FTST employees are included in the
unit and the Board’s February 14, 2017 denial of review.
However, on November 9, 2017, the United States District Court for the Northern
District of Illinois, Eastern Division, issued a Memorandum Opinion and Order denying
the Union’s request to confirm the arbitration award and granting Columbia College of
Chicago’s request to vacate the award. Part-Time Faculty Association at Columbia
College Chicago v. Columbia College Chicago, No. 17-CV-513, 2017 WL 5192023
(N.D. Ill. Nov. 9, 2017). The court found that it is well established that the Board’s
determination regarding unit scope takes precedence over a conflicting arbitration
decision. Carey v. Westinghouse Electric Corp., 375 U.S. 261, 272 (1964). In view of
the court’s ruling that the arbitrator’s award is unenforceable, there is no basis for the
Union’s motion.
Dated, Washington, D.C., November 27, 2017.
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER