Faculty members at private colleges and universities have traditionally had difficulty unionizing, thanks in large part to a 1980 U.S. Supreme Court decision that held that Yeshiva University’s faculty members were managerial employees under the National Labor Relations Act (NLRA) (National Labor Relations Board v. Yeshiva University, 444 U.S. 672 (1980)). However, a recent decision by the National Labor Relations Board potentially makes it easier for such faculty members to unionize. (Unionization in public colleges and universities is governed by state labor laws.)
The case involved a unionization effort by contingent faculty members at Pacific Lutheran University, which the university opposed. In a 3-2 decision, the board ruled that the university had not demonstrated that the contingent faculty members are managerial employees under NLRA. The board also ruled that Pacific Lutheran did not qualify for a religious exemption from NLRA.
In the decision, the board also established a five-factor test for determining whether faculty members are considered managerial employees. The test examines the faculty members’ involvement in decision-making processes concerning academic programs, enrollment management, finances, academic policy, and personnel policies and decisions, with greater weight given to the first three factors.
January 12, 2015
January 9, 2015
Federal School Technology Funding Gets a Boost
According to The Hechinger Report and U.S. News & World Report, the Federal Communications Commission (FCC) recently approved an increase on telephone service fees to boost funding for the E-Rate program. As explained in a previous OLR Report, 2013-R-0254, E-Rate provides subsidies to broadband Internet providers that offer discounted service to schools and libraries. This tax increase is expected to generate an extra $1.5 billion each year for the program, which has not seen an increase in 16 years.
The tax increase will add $1.90 in annual fees per phone. The extra funding is meant to expand the use of computers and websites in classrooms with limited Internet bandwidth and unreliable connections. This funding boost supports the executive branch initiative, known as ConnectEd, to provide almost every school with a high-speed Internet connection.
Two out of five commissioners voted against the fee increase, expressing concerns that the revenues raised may not benefit the neediest students or ensure equitable online access. The FCC has estimated that nearly 70 percent of schools lack high-speed Internet connectivity, mostly in poor urban and rural school districts.
In addition to the fee increase, the FCC’s order will also help schools and libraries build their own high-speed broadband facilities where there is no local alternative.
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| Photo by Laurie Sullivan/CC BY 2.0 |
The tax increase will add $1.90 in annual fees per phone. The extra funding is meant to expand the use of computers and websites in classrooms with limited Internet bandwidth and unreliable connections. This funding boost supports the executive branch initiative, known as ConnectEd, to provide almost every school with a high-speed Internet connection.
Two out of five commissioners voted against the fee increase, expressing concerns that the revenues raised may not benefit the neediest students or ensure equitable online access. The FCC has estimated that nearly 70 percent of schools lack high-speed Internet connectivity, mostly in poor urban and rural school districts.
In addition to the fee increase, the FCC’s order will also help schools and libraries build their own high-speed broadband facilities where there is no local alternative.
January 8, 2015
Squaring the Taxing and Spending Circle . . . to Everyone’s Liking
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| http://bit.ly/1As2gBG |
“Squaring the circle” is an ancient mathematical problem that’s impossible to solve with a compass and a straightedge. It’s also a metaphor for trying to solve any seemingly impossible problem, like increasing taxes and spending money in ways that make everybody happy.
Well, it might be a stretch to say that University of Southern California Law and Business Professor Edward D. Kleinbard figured out how to square the tax and spending circle, but he does offer some different approaches to this problem. His new book—We Are Better Than This: How Government Should Spend Our Money—“holds the potential to change our often dogmatic and sometimes toxic public debate over how we tax ourselves and spend our tax dollars into a conversation about how to raise more money with less pain and spend in ways that will produce a happier America,” Syracuse University Law professor David Clay Johnston wrote in a recent book review.
What does this former chief of staff of Congress’ Joint Committee on Taxation have in mind? First, that “taxing and spending are the yin and yang, the alpha and omega, that should always be viewed together,” Johnston wrote. Kleinbard “repeatedly cautions about proponents of every perspective looking at only one side of the coin.”
Starting from this premise, Kleinbard precedes to step on many toes across the political spectrum. Because we’re too preoccupied with taxes, we overlook how well-targeted government spending complements the private sector, yielding positive social and economic returns.
To bring this about, we must get over our obsession with progressive taxation and design a tax system that produces those returns, according to Kleinbard. To Johnston, that means substituting “the simplicity and efficiency of rough justice for the ever more finely diced rules progressives have promoted for over a century as the best way to get a fair society,” adding that “such fine rules produce the unintended consequence of being material for unexpected pathways through the tax code to what Kleinbard calls stateless income, because no government taxes it.”
It appears that Kleinbard is trying to reframe budget debates, often quoting passages from Adam Smith’s Theory of Moral Sentiments (1759) to support his claims. What we “really should care about is whether government, taken as a whole, enhances the happiness of society by making socially useful investments and by appropriate levels of social insurance. These goods are financed by tax revenues, but the tax revenues are not the point of the system—the goods are,” Kleinbard wrote.
Foreign Recalls Don’t Necessarily Lead to Recalls Here
A New York Times study of motor vehicle recalls in other countries found that “in dozens of instances . . . problems that prompted recalls or other safety-related actions in foreign countries have not been treated with the same urgency in the United States.”
Federal law requires car manufacturers to notify regulators within five days of learning of a safety defect to start the recall process. But, the Times reports, “the seven top automakers in the United States – GM, Ford, Chrysler, Toyota, Honda, Nissan, and Hyundai – have reported instances to federal regulators when they did not recall cars, even though the vehicles contained the same problematic components as their recalled counterparts abroad.”
The National Highway Traffic Safety Administration did not immediately direct any of the companies to take stronger action in any of these cases, the Times said. The newspaper found that car manufacturers conducted at least 33 safety actions in foreign countries that never fully led to American recalls.
Federal law requires car manufacturers to notify regulators within five days of learning of a safety defect to start the recall process. But, the Times reports, “the seven top automakers in the United States – GM, Ford, Chrysler, Toyota, Honda, Nissan, and Hyundai – have reported instances to federal regulators when they did not recall cars, even though the vehicles contained the same problematic components as their recalled counterparts abroad.”
The National Highway Traffic Safety Administration did not immediately direct any of the companies to take stronger action in any of these cases, the Times said. The newspaper found that car manufacturers conducted at least 33 safety actions in foreign countries that never fully led to American recalls.
January 7, 2015
Texting Tips to Parents May Improve Children’s Literacy
According to a recent study from the National Bureau of Economic Research, when educators text tips to parents, preschoolers benefit. As reported in the New York Times, “[t]he research…found that preschoolers whose parents received text messages with brief tips on reading to their children or helping them sound out letters and words performed better on literacy tests than children whose parents did not receive such messages.”
Over the course of eight months, the researchers sent text messages to 440 participating families with preschoolers. Half of the parents received texts three times a week with specific suggestions such as “Let your child hold the book. Ask what it is about.” The other half only received one text every two weeks with general information about vaccinations or kindergarten enrollment. When tested for letter and sound recognition, the children whose parents received the more frequent, specific texts performed at a level two to three months ahead of those whose parents received the general, biweekly texts.
The Times article notes that the cost for the program was less than $1 per child since most parents’ phone plans include unlimited text messages. For more information, click here to read the full study (subscription required).
Over the course of eight months, the researchers sent text messages to 440 participating families with preschoolers. Half of the parents received texts three times a week with specific suggestions such as “Let your child hold the book. Ask what it is about.” The other half only received one text every two weeks with general information about vaccinations or kindergarten enrollment. When tested for letter and sound recognition, the children whose parents received the more frequent, specific texts performed at a level two to three months ahead of those whose parents received the general, biweekly texts.
The Times article notes that the cost for the program was less than $1 per child since most parents’ phone plans include unlimited text messages. For more information, click here to read the full study (subscription required).
January 6, 2015
New Report: Requirements for English Language Learners in Several States
OLR Report 2014-R-0292 summarizes Connecticut and federal education requirements for public school students whose first language is not English (a.k.a. English language learners (ELLs)) and compares those with a sample of states with significant ELL populations.
Connecticut’s law requires eligible ELL students to receive up to 30 months of bilingual education if they are in a school with at least 20 students who speak the same non-English native language and need assistance learning English. Once the 30 months ends, the district must provide language transition support services to the students if they do not meet the English language mastery standard. These services could include English as a second language (ESL) programs, sheltered English programs, English immersion programs, tutoring and homework assistance, or other programs taught in English.
Like Connecticut, New York law requires bilingual education programs, but California and Massachusetts have each passed ballot measures that removed the bilingual education requirement. These two states instead require English immersion, another approach for ELL students.
Click here to read the full report.
Connecticut’s law requires eligible ELL students to receive up to 30 months of bilingual education if they are in a school with at least 20 students who speak the same non-English native language and need assistance learning English. Once the 30 months ends, the district must provide language transition support services to the students if they do not meet the English language mastery standard. These services could include English as a second language (ESL) programs, sheltered English programs, English immersion programs, tutoring and homework assistance, or other programs taught in English.
Like Connecticut, New York law requires bilingual education programs, but California and Massachusetts have each passed ballot measures that removed the bilingual education requirement. These two states instead require English immersion, another approach for ELL students.
Click here to read the full report.
Growing Berries Year-Round in Connecticut?
That is the hope among some Connecticut farmers. For most of the year, strawberries are shipped to Connecticut from California, Florida, Mexico, and South America. But what if berries could be grown in-state year-round?
According to Fox Business, Agrivolution LLC, a New Haven company, has received a $73,000 grant from the U.S. Department of Agriculture to assess the feasibility of year-round, indoor farming in Connecticut. The money will be used to research if hydroponics can work here. (Hydroponics is a method of growing plants in water without soil.) In addition to potentially expanding farming operations, there may be economic development opportunities for state manufacturers to produce indoor farming equipment. But a possible snag in the growth of indoor farming is the high cost of energy in the state. So the grant recipient also will be working with fuel cell companies to try to reduce energy costs.
According to Fox Business, Agrivolution LLC, a New Haven company, has received a $73,000 grant from the U.S. Department of Agriculture to assess the feasibility of year-round, indoor farming in Connecticut. The money will be used to research if hydroponics can work here. (Hydroponics is a method of growing plants in water without soil.) In addition to potentially expanding farming operations, there may be economic development opportunities for state manufacturers to produce indoor farming equipment. But a possible snag in the growth of indoor farming is the high cost of energy in the state. So the grant recipient also will be working with fuel cell companies to try to reduce energy costs.
January 5, 2015
Tips for Hiring Roof Snow Removal Contractors
Winter officially began on December 21 and snow accumulation has been light thus far. But if the storm events of recent years are any harbinger, we should expect to be shoveling driveways and clearing off roofs and vehicles soon.
The Department of Consumer Protection (DCP) provides guidelines for consumers to consider when hiring someone to clear home roofs. Specifically, DCP recommends:
The Department of Consumer Protection (DCP) provides guidelines for consumers to consider when hiring someone to clear home roofs. Specifically, DCP recommends:
- checking references and obtaining written estimates from contractors who go door-to-door; call; or post notices on bulletin boards, utility poles, or online;
- using a registered home improvement contractor who specializes in roofing to evaluate the roof; and
- ensuring the company or person performing the work has liability insurance and workers’ compensation insurance, if applicable.
DCP cautions consumers that the cost of clearing a roof may vary depending on the nature of the roof, but the price should be reasonable based on the (1) roof’s size, (2) time needed to remove the snow, and (3) hourly rates for comparable home improvement work under normal circumstances. It also cautions homeowners and contractors of the need for care to avoid above-ground wires.
January 2, 2015
Paid Sick Leave Becomes Law in the Bay State
And then there were three. With November’s elections, Massachusetts has joined California and Connecticut as the only states that require private employers to provide their employees with paid sick leave.
In Massachusetts, voters approved a ballot measure that requires all private employers with 11 or more employees to provide their employees with up to 40 hours of leave per calendar year, reports the Massachusetts & Connecticut Employment Law Blog. According to the blog, “employers with fewer than 11 employees will be required to provide, at minimum, unpaid sick leave to their employees.” The new law takes effect July 1, 2015, and the blog advises employers to revise their policies in order to comply.
Employees will accrue at least one hour of paid sick leave for every 30 hours worked up to a maximum of 40 hours a year. According to the blog, “employees who are exempt from overtime are assumed to work 40 hours a week unless their normal workweek is less than 40 hours.”
Overall the efforts on paid sick leave across the country vary considerably. While USA Today notes a number of cities have passed ordinances requiring leave, at least two states, Florida and Wisconsin, have prohibited municipalities from enacting their own laws in order to avoid a patchwork of policies across a state.
In Massachusetts, voters approved a ballot measure that requires all private employers with 11 or more employees to provide their employees with up to 40 hours of leave per calendar year, reports the Massachusetts & Connecticut Employment Law Blog. According to the blog, “employers with fewer than 11 employees will be required to provide, at minimum, unpaid sick leave to their employees.” The new law takes effect July 1, 2015, and the blog advises employers to revise their policies in order to comply.
Employees will accrue at least one hour of paid sick leave for every 30 hours worked up to a maximum of 40 hours a year. According to the blog, “employees who are exempt from overtime are assumed to work 40 hours a week unless their normal workweek is less than 40 hours.”
Overall the efforts on paid sick leave across the country vary considerably. While USA Today notes a number of cities have passed ordinances requiring leave, at least two states, Florida and Wisconsin, have prohibited municipalities from enacting their own laws in order to avoid a patchwork of policies across a state.
Calculating College Living Expenses
The Chronicle of Higher Education examined the results of two recent College Board reports, “Trends in College Pricing” and “Trends in Student Aid.” These reports found that the average list price of tuition and fees for in-state students at public, four-year colleges in 2014-15 ($9,139) is surpassed by room and board charges for the same students ($9,804). The Chronicle explored whether and how cost of living should be calculated as part of the price of college.
When colleges and universities calculate the estimated cost of attendance, they add tuition, fees, room, board, and books, among other things. This calculation is important because it’s used to determine (1) a student’s financial need and (2) a college’s net price, as defined by the federal government.
The Chronicle explores how institutions are free to make choices when adding up estimated attendance costs (i.e., calculating transportation by bus pass versus car maintenance), as well as how institutions located in the same city vary greatly in their estimates for housing and food, especially for off-campus students. Such freedoms and variations raise questions about whether students and their families can rely upon an institution’s estimation of living expenses when making consumer-driven choices.
The full article can be read here.
When colleges and universities calculate the estimated cost of attendance, they add tuition, fees, room, board, and books, among other things. This calculation is important because it’s used to determine (1) a student’s financial need and (2) a college’s net price, as defined by the federal government.
The Chronicle explores how institutions are free to make choices when adding up estimated attendance costs (i.e., calculating transportation by bus pass versus car maintenance), as well as how institutions located in the same city vary greatly in their estimates for housing and food, especially for off-campus students. Such freedoms and variations raise questions about whether students and their families can rely upon an institution’s estimation of living expenses when making consumer-driven choices.
The full article can be read here.
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