Berea’s Labor Program and Financial Aid Model and Response to NLRB Petition

Dear Campus Community,

On February 27, we will pause our regular activities to celebrate our annual on-campus Labor Day. This day-long event is dedicated to recognizing and honoring the vital work contributions of our students to the campus community, while providing them with a day of opportunities for professional growth and development. As a Work College, Berea prides itself on fostering an environment where students excel academically and cultivate essential skills that prepare them for success beyond graduation through work, learning, and service.

Labor Day is another one of those uniquely Berean events—and my first Labor Day with you!  As we celebrate Labor Day together, it is a great time to recognize the strengths of our Work College model.  Most importantly, through the Labor Program, Berea College students are able to “pay off college as they go” and graduate with the lowest college debt in the nation.

On my Listening Tour, I heard questions about our Work College structures.  Labor Day offers a good opportunity to review information about our distinctive program—please find attached:

A one-page “Quick Facts” on Work and Financial Aid

A “Deep Dive” PowerPoint that explains this information in more detail

Both attachments review the Work Scholarship provided by the Labor Program

Both attachments answer questions such as:

Can I increase the funding I receive from Berea? (No—we wish we could, but Berea awards you 100% of your Demonstrated Financial Need, as determined by FAFSA. We are prohibited from awarding you more!)

Both attachments highlight innovations underway such as increasing no-loan forms of funding, offering more summer work options, and improving billing statements, among many others

I look forward to working with you on our singular Work College model!

Tomorrow’s Labor Day focuses on “Elevate Your Success,” reflecting the College’s commitment to empowering students to reach new heights in their personal and professional endeavors. The day will kick off with a celebratory breakfast and a warm welcome from the Dean of Labor, Dr. Collis Robinson, and I will also share some opening remarks. Throughout Labor Day, students can participate in a series of engaging professional development sessions tailored to enhance their skills and knowledge in various areas. From open interviews to essential skills sessions to resume-building seminars, the agenda is carefully designed to help students thrive in their current roles and future career pursuits.

At Berea, we meet each student’s financial aid needs like no other institution. In addition to our Tuition Promise Scholarship, the Work Scholarship provided by the Labor Program ensures that our students can obtain a top-rate education while graduating with no or low debt and building their resumés for life beyond the College.

I hope you will join me in my excitement as we celebrate our students and Labor Day together.

With warm regards,

Dr. Nixon

Explore the Labor Day 2024 Professional Development Program: “Elevate Your Success” (PDF).

Dear staff and faculty,

This weekend, the Berea College administration received a copy of a petition from the Communications Workers of America’s (“CWA”) Atlanta office, addressed to the National Labor Relations Board (“NLRB”), a federal agency. The CWA petition seeks to initiate an NLRB-supervised process to determine whether the CWA may become the exclusive collective bargaining representative for Berea College’s labor students. At this point, this is a communication between CWA and the NLRB and an effort to begin a union representation process guided by federal rules. We must respect this legal process, and the College will await further communication from the NLRB as this process unfolds.

Berea College is a Work College where students have worked on campus since 1859. We are guided by the federal Work College Act and other federal regulations, including those governing Federal Student Aid (financial aid). Berea must and will comply with all rules associated with being a Work College and with Federal Student Aid.

Our legal responsibilities as staff and faculty

During the upcoming NLRB process, faculty and staff are asked to conduct their work with students as they have in the past and without regard to organizing efforts by students or others. With respect to our regular, weekly labor meetings and other interactions with students, labor supervisors and other faculty and staff are reminded that:

• There should be no threats to those engaged in union activity
• There should be no questioning of students or others regarding union activity or support
• There should be no promises made of special treatment or benefits to labor students in order to discourage their supporting a union or reward them for opposing unionization efforts
• There should be no spying or surveillance of labor students or others engaged in union activities

Importantly, faculty, staff, and students are reminded of Berea College’s Workplace Expectations. As a continuous learning environment built upon Berea’s Great Commitments and Common Learning Goals, the College expects all workers “to be active learners, workers and servers,” and seeks to be a place where the Christian values of human compassion, dignity, and equality are expressed and lived.

Our commitment to our students

As you have heard me say repeatedly, Berea College values its students—and shows that value by providing them with unparalleled support, whether that be through free laptops or funded internships. The labor program is part of a work-learning-service model providing an opportunity unlike any other college:

• Every Berea student gains valuable work experience through a guaranteed four-year job, which also allows students to pay for some educational expenses “as they go.” In addition, the job provides significant benefits including:
  • Valuable growth-oriented skill development
  • Service-learning and leadership development opportunities
  • Meaningful mentorship relationships with Labor Supervisors
• Every Berea student receives a Tuition Scholarship and Work Scholarship package, meaning:
  • No student has paid for tuition since 1892
  • Our students graduate with the lowest educational debt in the nation
• Every Berea student receives maximum allowable financial aid—100% of their federally determined financial need

Berea College values the contributions every student makes to Berea and acknowledges the important learning they experience in their work-learning-service positions. As always, we will honor our campus community by keeping everyone as informed as possible.

With appreciation,

Dr. Nixon

Dear students, faculty, and staff,

I am writing to let the campus community know that, this weekend, the College administration received a copy of a petition from the Communications Workers of America’s (“CWA”) Atlanta office, addressed to the National Labor Relations Board (“NLRB”), a federal agency.  In this petition, the CWA seeks, from the NLRB, recognition as a collective bargaining (union) representative for all of Berea College’s labor students.

College officials are reviewing the materials received and assessing next steps.  Future updates will be provided as appropriate.

Allow me to take this opportunity to emphasize that I am here to serve all that is unique to Berea—our students, our campus community, our Great Commitments, and so much more.  As a federally-recognized Work College, with an integrated “work-learning-service” program, we value the contributions every student makes to Berea and acknowledge the important learning they experience in their labor positions.

Best,

Dr. Nixon

Read NLRB – Notice of Petition for Election (PDF).

Dear students, staff, and faculty,

I am writing to keep us all informed and connected as a community while some of our students are engaged in a unionization effort. As I noted earlier, this process is guided by the National Labor Relations Board (NLRB), and we must follow certain prescribed legal procedures, including rules relating to manners and types of communication. However, please know I can and will continue to communicate and work with students on all other issues on campus. Please know that, as always, I am open and accessible to all members of campus to continue to listen, learn, think, and work together.

As you know from my numerous listening-tour sessions and the many detailed emails I have sent you, I am committed to information sharing, collaboration, and shared governance. However, the College has only this week been in receipt of the NLRB notices. Again, we are not permitted to question students or others regarding union activity or support.

During the upcoming weeks, the College will engage in information sharing about our mission as a Work College and our integrated labor and financial aid programs, following NLRB parameters. As a start to that practice, this Labor Program webpage houses College communication on this topic. As an educational institution, we want to engage in listening and learning together. As I noted in our last General Assembly meeting, we want to build a community that practices our ideas of impartial love; we will continue to build that community together.

Best,

Dr. Nixon

As a reminder, our campus interactions must follow these guidelines:

• There should be no threats to those engaged in union activity
• There should be no questioning of students or others regarding union activity or support
• There should be no promises made of special treatment or benefits to labor students in order to discourage their supporting a union or reward them for opposing unionization efforts
• There should be no spying or surveillance of labor students or others engaged in union activities
• These guidelines are often abbreviated as T.I.P.S.: we can engage in NO Threats, Interrogation, Promises, or Surveillance.

Dear Berea Students,

I am writing a message to emphasize our interconnectedness as a campus community.  While some of our students pursue a unionization process, let us uphold our uniquely Berean values of impartial love and being a community of all peoples.  As Bereans, we are entering into a listening and learning process together—our community, and especially our students, must learn what unions are and how they work, the process of unionization and its impacts.  I ask that we enter into this process with an understanding and appreciation of what we share: we all want to strengthen Berea.

I have been a union member for much of my working life.  Other members of the College’s leadership come from families with union backgrounds in the coalfields, distribution, manufacturing, and the trades.  We are concerned, however, that unionization of the entire student body is at odds with Berea’s educational mission as a Work College.  Berea College is one of only a few Work Colleges in America.  Our work-learning-service program and financial aid are intrinsically related.

Since my arrival on campus last July, I have spent a great deal of time meeting and listening with members of the community, especially students.  I was not, however, presented with the concerns now being raised with respect to the Labor Program prior to the filing of the Communication Workers of America (CWA)’s petition this past weekend.

As this process unfolds, we want to be certain that everyone fully understands what is being proposed and what you as students are being asked to support.

We will want to ensure everyone understands Berea’s integrated Work College and Financial Aid model, including:

• As a federally designated Work College, Berea College provides students with a unique Work Scholarship (along with other scholarships and aid), which must follow federal regulations.

• This Work Scholarship is a form of federal financial aid, specifically defined as rewarding students for being engaged in a “comprehensive work-learning-service program.”  Work Scholarships must follow strict guidelines and must be used for educational expenses.

• At Work Colleges, students receive their Work Scholarship in the form of credit against their tuition term bill.  It is designed to be a “work-as-you-go/pay-as-you-go” model to cover some educational expenses; this helps students graduate without loans.

• Berea is the only Work College that also provides students some of their Work Scholarship in the form of a cash scholarship disbursement.  For all domestic (USA) and most international students, this money is not taxed and students do not complete a W-2.

In the coming days, we will be sharing information about all of these issues and how they can affect the College and you as a Berea student.  Please prepare to engage in learning about various federal programs, student financial aid and related processes, which are rather complex.  You can see some informational materials, distributed earlier this semester, attached here (“Quick Facts” and “Deep Dive”).

Berea values you—your work, your learning, and your contributions to the Berea College community.  To express that value, Berea strives to be an institution like no other.  We offer a unique form of financial freedom: our scholarship package, including labor payments, covers 100% of students’ demonstrated financial need under guidelines from the U.S. Department of Education.  We are not allowed to provide additional funding above these guidelines.  Berea covers tuition, room, and board by combining Work Scholarships with additional funding such as Pell Grants and our own scholarships; we must recognize the generosity of our alumni and donors, who provide the bulk of our students’ scholarship funding.  Bereans graduate with the lowest debt in the nation—over half with zero debt.  Let us be proud of this model as we enter this next phase of listening and learning together.

With appreciation,

Dr. Nixon

Dear Berea College Community—students, faculty, and staff,

I write to you today at a pivotal moment for our Berea beloved. You know that I feel, every day, honored to serve our campus and community, working with all of you to write the next chapter for Berea while being true to our inspirational history. I have begun my time here by listening and learning in a spirit of collaboration and kindness—and I will continue to do this, especially when we work on difficult issues together.

My primary goal in this email is to update you on the status of a petition filed by the Communications Workers of America (CWA), AFL-CIO, CLC to represent all Berea undergraduate students as a labor union. Many members of our community—students, faculty, staff, and alumni—have reached out about this issue with questions and concerns. The regional office of the National Labor Relations Board (NLRB) originally scheduled a hearing on this issue for today, March 27, but postponed it to April 17, 2024 to address important legal concerns. The NLRB defines the next steps in this legal process. I will share relevant updates from the NLRB as we move forward and post them here.

Preserving the Work College Model

At its core, our commitment to free tuition enables us to truly live a commitment to educational opportunity. With our founding mission to educate “all peoples of the earth,” together as one, Berea meets 100% of every student’s full financial need (determined by the Department of Education’s FAFSA), ensuring that graduates are well positioned either to enter the workforce or continue their studies debt-free or as near debt-free as possible. Our unique financial model is the foundation for a culture of possibility for all students, which is defined by a rare combination of academic learning, workplace experience, supportive mentorship, and true ownership over one’s education and life trajectory. We all have a shared responsibility to our current and future students to protect and preserve this unique Work College model.

I recognize that there are unionization efforts at some US colleges and universities. To be clear, the values that underpin today’s labor movement in many ways align with our values as a college. And if it is ultimately determined that some or all of our students could constitute a proper unit for collective bargaining, those students will have every right to make a fully informed choice about creating a union.

However, I want to be open with our community about why the CWA’s petition is a challenge and what it could mean for the future. Unionization of most or all of our students would be structurally incompatible with our unique Work College model. Fundamentally, Berea students are not here as employees. Unionization would likely set up an unprecedented conflict between the NLRB and Department of Education (DOE), which regulates Berea as a Work College. For example, the NLRB could define Berea students as employees who receive wages, while the DOE defines Berea students as students who receive federal financial aid grants and scholarships that, along with their Berea scholarships, cover their educational expenses.

Explaining Our Position in the NLRB Process

Although the NLRB places legal limits on how I can communicate throughout this process, I want to be as candid as possible and explain the positions we will be taking before the NLRB. At our hearing in April, we hope to make the following points clear:

• As a federally designated Work College, Berea provides students with a unique Work Scholarship (along with other scholarships and aid), which is determined by the FAFSA financial aid process. Both the Work College program and student aid are governed by DOE regulations.

• Berea’s Work Scholarship is a form of federal financial aid (again, overseen by the DOE), specifically defined as rewarding students for being engaged in a “comprehensive work-learning-service program.” Work Scholarships must follow strict guidelines and must be used for educational expenses. The program is designed to be “work-as-you-go/pay for college-as-you-go” model that covers some educational expenses and helps students graduate without loans.

• Berea is the only Work College that provides students some of their Work Scholarship in the form of an innovative cash scholarship disbursement. Our scholarships are not wages and our payments are not paychecks: for all domestic and most international students, this money is not taxed and students do not receive a W-2.
• In compliance with existing federal Work College regulations, Berea offers students an open-access grievance process, mediation process, safety/accident reporting process, and full student participation in the shared governance of the College. It is unclear if unionization would be compatible with those existing protections and privileges.

Next Steps

As I have seen with greater clarity every day, few institutions live the commitment to transformative learning as purely and authentically as Berea. And amidst mounting levels of student debt across the US, increased scrutiny around the return on investment (ROI) of a college degree, and questions around graduates’ preparedness for their work and careers in the world—Berea’s model is essential.

To that end, I will be hosting a series of discussion sessions over the next four weeks—details to come. Let’s continue the conversations we had when I started—embracing challenge and complexity as we shape the future we want for Berea. I am here to help sustain a community that is not only aligned with Berea’s values of impartial love, but takes it to the next level—with the hope that we can become an even better expression of what it means to be Bereans and what it means to express Berea’s Great Commitments.

Best,

Dr. Nixon

Dear students, faculty, and staff,

I hope this message finds you well as we head into the busy last weeks of the semester.

As I’ve previously shared, I remain committed to providing you with information related to unionization efforts whenever possible and will continue to post all relevant updates to our Labor Program and Financial Aid Model website. Please note that we have recently added Q&A information and fact sheets to this website.

I’m writing today to share that the hearing for the petition filed by the Communications Workers of America (CWA) to represent Berea undergraduate students as a labor union has been rescheduled by the Regional Office of the National Labor Relations Board (NLRB) for the second time. We received official notice yesterday that the new hearing date is Tuesday, May 14. Earlier, the hearing had been scheduled for tomorrow (April 17).

Please know that the NLRB can schedule or reschedule hearings and request information at any time. We do not control this process, and we cannot predict its steps or its outcome.

The primary reason for the delay is to allow time for compliance with the Family Educational Rights and Privacy Act (FERPA) in regard to documents and information that will be shared with the NLRB and/or the CWA in advance of or at the hearing. For context: We are legally bound by FERPA to protect our students’ personal information. The CWA asked us to turn over that information without our students’ consent. While we are participating in the NLRB process, we will not violate our responsibilities under the law or our commitment to protect our students’ privacy. All students will be receiving an official FERPA Notice in the next few days, which they should review carefully.

Despite the rescheduled hearing, the College’s concerns remain: We believe unionization sets up an unprecedented conflict between the NLRB, which typically focuses on taxable wage-earning employees, and the Department of Education (DOE), which focuses on students and financial aid. The DOE oversees Work Colleges and their work-learning-service model, which requires that students work in return for federal financial aid funding. The legislation creating the Work College Program explains that its purpose is “to recognize, encourage, and promote the use of comprehensive work-learning-service as a valuable education approach when it is an integral part of an institution’s educational program and a part of a financial plan that decreases reliance on grants and loans and to encourage students to participate in community service.” We do not know the potential impact of unionization on our structures and status. Our website contains more information on our Work College Program and our concerns.

We encourage our campus community to educate themselves on unionization. Again, please visit our dedicated website. I will continue to connect and share updates as relevant events unfold – both during this semester and beyond.

Many thanks for your time and attention during this process,

Dr. Nixon

Dear Berea Students (Staff and Faculty cc’ed),

Dr. Nixon

Dear colleagues,

As we enter June, I hope you are enjoying this wonderful weather and our transition into summer.  Encouraging that sense of a summer break in routine, I will keep my communications limited, and bring back our regular newsletters and reports in the fall (see past shared information on our Campus Communications webpage).  Today, I am writing to keep in touch and provide a brief update on the unionizing effort (see past shared information on our dedicated Labor webpage).

In late May, the Cincinnati, Ohio office of the National Labor Relations Board (NLRB) conducted a hearing on legal issues relating to the petition filed by the Communication Workers of American (CWA).  Representatives of the College and CWA participated in the hearing, which included five days of testimony and proceedings.  The parties have now filed their post-hearing briefs and the matter now stands submitted to the NLRB for a decision on whether or not a union election should be held and, if so, when and in what manner.

We will now wait for further direction from the NLRB.  The process’s steps are not specified, so we do not have information on the timeline or content of the NLRB’s next communication.  As soon as we hear from the NLRB, we will communicate with campus.

Thank you again for your cooperation with the NLRB process.  In preparation for the hearing, the College complied with both an NLRB subpoena and a subsequent CWA subpoena and provided over 30,000 pages of documentation to both entities (as ordered by the NLRB) that explained the organization, positions, processes, and financial aid structure of Berea and Work Colleges in general.  A confidentiality order limiting the use that the NLRB and the CWA can make of student FERPA-protected data was entered in connection with the hearing.  Again, your efforts last month to collect this information are greatly appreciated.

I will continue to keep in touch—and I hope you are using your summer as a time of relaxation and rejuvenation!

Best,

Dr. Nixon

• Legal Notice and Subpoena: Your Rights

A union is a legal entity that represents a group of workers, often in a trade or profession, which has been recognized by their employer or certified by the National Labor Relations Board (NLRB) as the exclusive bargaining representative of all workers in the group. A union then seeks to negotiate a collective bargaining agreement on behalf of the dues-paying workers, detailing all of the material terms and conditions of their relationship with the employer.

The NLRA (29 U.S.C. §§ 151-169) was enacted by Congress in 1935 in an era when there were no employment-related legal rights. The NLRA does not promote or discourage unions but rather gives workers the right to choose a union and the process for making the choice. The NLRA is overseen by a federal agency called the National Labor Relations Board (NLRB).

In the typical situation, once a majority of employees votes in favor of forming a union and bargaining collectively, the union and the employer meet to negotiate topics such as wages, benefits, hours, and other conditions of employment.  The compatibility of these subjects with a Work College program in unclear.  A Work College, like Berea, provides financial aid funding, not wages, and offers many unique and flexible work-service-learning positions to our students.  A Work College must follow federal regulations issued and overseen by the Department of Education.  Those regulations may restrict what matters can be materially negotiated.

The National Labor Relations Board is an independent federal agency that oversees the administration of the National Labor Relations Act, including the election process used by workers to decide whether to be represented by a union.

The process typically begins with a union filing a petition at the NLRB requesting an election. The petition must be supported by signatures from at least 30% of the potential bargaining unit or group to be represented. These signature cards indicate interest in the union but are not the same as voting for the union. A person who has signed a union card does not have to vote “yes” for the union in the election.

After a petition is filed, the NLRB will then decide if an election should be scheduled, at which point each person eligible to vote will participate in a formal election. Participants can vote “yes” for the union or “no” against unionizing. The election is done by secret ballot so that all voters (whether they earlier signed cards supporting the union or not) can be free to make their own decisions.

In this instance, at Berea College, the Communications Workers of America (CWA) has asked that the entire student body be a part of the union. If the union wins an election, it becomes the sole representative for all students in the bargaining unit – whether they voted for or against the union or didn’t vote at all, as well as all future students. Under a union, all students would be considered employees and must follow the union-negotiated contract, whether every student agrees with its conditions or not.

To be clear, we do not believe that an election would be appropriate, as Berea students are students, not employees. Berea students engage in a Work College program that provides scholarship funding, not taxable wages.

In an employment setting, an election overseen by the NLRB is the opportunity for those in the proposed group to exercise their personal choice on the issue of whether to be represented by the union. Union elections, just like all democratic elections, are conducted by secret ballot. NLRB elections are conducted in accordance with very strict protocols. Individuals who are eligible to vote must arrive at the voting location during the designated time(s) on the designated day(s).

Both the employer and the union each can have one observer at the election location to help ensure that eligible voters have a fair and equal opportunity to express their choice freely and in secret. The election observers find a voter’s name on the voter list, notify the NLRB representative that the voter’s name has been found, and check the voter’s name off the list. The voter then completes an anonymous paper ballot which is deposited in the ballot box. The ballot box always remains secure.

Importantly, if a majority of those who participate in the election vote yes for the union, the union will exclusively represent everyone within the unit, including those who choose to vote in opposition or do not vote. The results are based on the majority of people who actually vote – so if, for example, only three people vote in the election, and two of them vote in favor of the union, the union will be the elected representative for everyone in the unit.

Under federal law, a union can require all the workers who are members of the bargaining unit to pay union dues or an agency fee; however, in Kentucky, it is illegal for workers to be required to pay union dues even if they directly benefit from things negotiated by a union. The College does not make this decision, and it is ultimately for the union’s exclusive bargaining representative to determine.

We have an open-door policy and encourage our students to raise concerns, ideas, issues, and suggestions to their leaders and mentors, ranging from their supervisors to their head of department to their Dean of Labor. Should a student feel that their concern was not addressed, we have a formal grievance resolution process in which the student can raise the matter to a Labor Grievance Board, which consists of a student, faculty member, a chairperson, and a non-Labor Program Office member. You can read more details about this process here. Finally, our students can also raise conflicts to the Labor Program Office and engage in a formal mediation and conflict resolution process, which you can read about here.

If an election is held and the union prevails, it would become the sole representative for all students in the bargaining unit.  Berea would be required in most instances to address concerns with union representatives—likely eliminating many existing avenues for students to directly raise and resolve matters of personal concern.

Represented students would be prohibited from “directly dealing” with Berea employees, including managers and supervisors, on contracted topics. Instead, union-represented students would take job-related concerns to the union leadership or shop stewards, who may or may not raise them with Berea College leadership.

In general, the College would have no ability to make exceptions to a negotiated union contract to accommodate the individual needs or circumstances of a student.

Our shared governance structure allows for the inclusion and participation of stakeholders at all levels of the College—with students playing an important role. Our Student Government Association represents the interests of all students, with voting participation on most College committees and in the General Assembly; the SGA president and vice president serve as liaisons to the Board of Trustees. We have over 25 Councils and Committees on campus, most of which include student representatives and on which students can contribute to the parts of campus life most important to them, ranging from academic programming to sustainability to strategic planning.  For example, the Labor Program Council has eight members, which includes two student representatives.  In these shared governance structures, students sit side-by-side with faculty and staff to work collaboratively on issues of concern or to generate new ideas.

Union contract negotiations are legalistic.  Each side—defined as employer and employees—appoints a bargaining team to meet and negotiate the contract “in good faith.”  No one can predict the outcome of negotiations, and neither side is required to agree to a proposal. Unlike a shared governance committee, which collectively explores a topic, discusses ideas, evolves its thinking, and creates a group-decided and drafted proposal, a contract negotiation has two sides engaged in “back and forth.”

Unions have their own rules about how bargaining members are selected to their team, and typically provides one or more paid union representatives—employees of the union—to lead or participate in the negotiations.  Students cannot work directly with the College on topics under union negotiation but must work through these representatives.

Because Berea’s Labor Program encompasses many programs and departments, it is unclear how a union would impact the work in these programs—much of which has been defined, over time, through shared governance decision-making.

Kentucky is a right-to-work state, which means our state laws prohibit employers or unions from requiring an employee to join a union as a condition of employment. This means that you always have a choice to accept or not accept having a union speak to Berea leaders on your behalf in exchange for dues. However, if a collective bargaining agreement is in place, all students would be considered employees and must follow the union-negotiated contract, whether you agree with its conditions or not.

Unfortunately, it is impossible to predict the length of negotiations. A first collective bargaining agreement typically takes a year or more to negotiate.

The NLRB website contains an abundance of information about the unionization process. This Berea College webpage provides more specific information on the unionization efforts, and will continue to provide updates, materials, and information.