Collective bargaining for non-tenure track faculty: an analysis of the Brazilian model
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1 Journal of Collective Bargaining in the Academy Volume 0 National Center Proceedings 2015 Article 37 April 2015 Collective bargaining for non-tenure track faculty: an analysis of the Brazilian model Ana Virgínia Moreira Gomes Universidade de Fortaleza, Brazil Antonio Alfeu da Silva Universidade de Fortaleza, Brazil Follow this and additional works at: Part of the Collective Bargaining Commons, and the Higher Education Commons Recommended Citation Gomes, Ana Virgínia Moreira and da Silva, Antonio Alfeu (2015) "Collective bargaining for non-tenure track faculty: an analysis of the Brazilian model," Journal of Collective Bargaining in the Academy: Vol. 0, Article 37. Available at: This Proceedings Material is brought to you for free and open access by The Keep. It has been accepted for inclusion in Journal of Collective Bargaining in the Academy by an authorized administrator of The Keep. For more information, please contact tabruns@eiu.edu.
2 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o FUNDAÇÃO EDSON QUEIROZ UNIVERSIDADE DE FORTALEZA Centro de Ciências Jurídicas CCJ Curso de Direito Collective bargaining for nontenure track faculty: an analysis of the Brazilian model Ana Virgínia Moreira Gomes Professor, Faculty of Law, Universidade de Fortaleza, Brazil. avmgomes@gmail.com Antonio Alfeu da Silva LL.M. Candidate, Universidade de Fortaleza,. Human Resources Manager, Universidade de Fortaleza, Brazil. aalfeu@hotmail.com aalfeuotmail.coma aalfeu@hotmail.com Published by The Keep,
3 Brazilian model of collective bargaining for adjunct faculty in private sector negotiations Objective: Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 The paper reflects on the consequences of the Brazilian model of collective bargaining in dealing with the dichotomy research/teaching 2
4 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Corporatist trade union structure One legally recognized trade union; Representation by category of employees and employers of a specific economic sector; Workers and employers (members or not) are covered by the collective agreements; Mandatory trade unions dues. Published by The Keep,
5 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 Higher Education Picture 4
6 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Universities According to the LDB, universities must offer teaching, research and university extension. Universities must meet minimum requirements: 1/3 of the faculty of PhD.s; 1/3 of full-time professors; and develop 4 graduate programs (Masters and / or PhD -at least one a Ph.D program). Published by The Keep,
7 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 The State as the main regulator Higher education is a public service. Private institutions need the Federal Government authorization to exist and must comply with their rules. Educational Guidelines and Bases Law- LDB, Law No of Ministry of Education and Culture (MEC) 6
8 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o MEC s institutional evaluation Management policies have an important role, which correspond to 20% of the grade given to a university, considering: Professors' types of contracts; Professors educational qualification Professors career plan; Published by The Keep,
9 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 Professors' types of contracts There are 3 types: full-time professor (no tenure); part-time professor; adjunct faculty (horista). 8
10 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o MEC s institutional evaluation University indicators are better the more fulltime professors it hires In all cases, professors are employees (Labour Code) of the University and are part of a career plan. The LDB also establishes a rule on professors dismissal, which universities do not comply with. Published by The Keep,
11 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 Professors career plans Traditional structure: I) Adjunct Professor; II) Assistant Professor; III) Associate Professor; and IV) Full-Time professor. Criteria for promotion: merit and seniority They all have the same employment status. 10
12 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Brazil is a country of continental dimensions, with 8,515,767,049 km² (47% of the South America), with a population of approximately 202 million inhabitants, distributed among 27 states. Published by The Keep,
13 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 Picture of Collective bargaining Adjunct faculties are represented by the same trade union as Assistants, Associates and Full-Time Professors, and covered by the same CA. 7 states from all Brazilian regions; 19 usual collective bargaining items usually negotiated. 12
14 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Published by The Keep,
15 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art
16 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Published by The Keep,
17 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art
18 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o Brazilian model of collective bargaining and the higher educational system Despite MEC s requirements, most higher education institutions hire mostly part-time and adjunct faculty. Published by The Keep,
19 Journal of Collective Bargaining in the Academy, Vol. 0, Iss. 10 [2015], Art. 37 The dichotomy research/teaching Private higher education institutions tend to focus on teaching more than on research (lack of tradition on research, less costs & attracts more students). Even though MEC s evaluation imposes minimum standards to universities concerning research and full-time professors, these rules are still mostly perceived as bureaucratic demands. There is still no consolidate channel through which research brings prestige and resources. 18
20 Gomes and da Silva: Collective bargaining for non-tenure track faculty: an analysis o The dichotomy research/teaching The equal treatment (through law & collective bargaining) among full-time, part-time and adjunct faculty guarantees a more isonomic working environment. But it also reveals the institutions option to base its activities on the work of adjunct faculty. Published by The Keep,
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