Unions and the Future of Proprietary Schools

I was happy to hear that the National Labor Relations Board is proposing new rules that would make it easier to conduct union elections at private colleges (“NLRB Proposes Speeding Up Unionization Votes at Private Colleges”). I expect that there will be the usual howl of disapproval from the usual sources: those libertarian business types who believe any restrictions on their ability to conduct business is harmful. It’s an outdated, dysfunctional idea.

I’ve said before that unless the proprietary education embraces strong certification processes and reasonable regulations, we’ll never mature into a legitimate sector of the higher education market. These certifications and regulation are far from archaic; they are the institutional structures that underwrite the legitimacy of what we do. We cannot compete in the educational system until we accept the necessity of rules. You can’t play baseball without baselines and umpires.

The fight over unionization is sure to be protracted and it’s utterly unnecessary. The proprietary schools ought to take a leadership role in promoting unions and in creating a culture that emphasizes workplace democratic institutions. We won’t be able to compete for the best teachers unless we have the best working conditions. We rely on public funding and that is not going to change; public money mean public responsibility. We cannot afford to repeat the corporate past.

An Argument in Favor of Chaos and Suffering

I’m the last person– give my history in the tenure system– to argue that tenure is fine just as it is. It is not. In my book, I argue that the current systems of ranks and tenure ought to be replaced with a strong union and a seniority system with teeth. We all ought to be able to work ourselves into positions of relative comfort and security, and I think this relative comfort and security ought to come earlier rather than later. That’s the greater good, in a nutshell.

A reformed academia begins with a reformed society that funds a national pension system as well as a national health care system. We won’t be able to get those things, of course, until we also imagine a reformed system of labor law that encouraged workplace democracy and bottom-up governance systems, aka unions. These are the issues that too many reformers simply don’t want to be a part of the picture when they discuss tenure reform. Those are the difficult issues.

Given the powerlessness of teachers in higher education, it’s easier to imagine ending tenure once and for all. That’s the tact of Naomi Schaefer Riley in “A Smart Way to End Tenure.” It’s classic right-wing economics because, at bottom, it argues that a system that promotes misery– what is always called “flexibility”– is somehow better for all of us. These ideas have already done immeasurable damage to the rest of the economy. Why do it all over again, just to see if it might work this time?

Lots of Sound, Not So Much Fury

I continue to struggle to try to understand what is really going on in the efforts to at least begin to regulate the for-profit sector in a reasonable way. We need strong regulations if we are going to be able get beyond the stereotype of being the used car salespeople of the higher education system. Too much of this energy seems misdirected. This sentence, for example, (from “Lawmakers hear conflicting reports on for-profit colleges“) sounds plausible even if you remove the word “for profit” : “…colleges may be using unethical recruitment practices and charging too much for degrees while failing to prepare students for jobs.”

I don’t think all schools use unethical recruiting methods, but recruiting abuses, in legacy admissions and sports, to name only two examples, are not uncommon in the public system. The promise of a job, often unsupported by any evidence, has long been a staple of higher education. The for-profits didn’t do anything new, they simply built on what the system had long accepted as common practice. No real regulatory agency is watching recruitment; the public schools can raise tuition as high as they want. No one’s watching that, either. Student debt has long been an endemic problem in a system so reliant on loans and not grants.

We need recruitment regulations that will cover all sorts of potential abuses in all schools, private to public, from athletic bribes, to high pressure sales techniques, to legacy admissions and the lack of diversity. We need a system of public subsidy– and a generous loan forgiveness program– to eliminate student debt. Schools that receive public money should not be able to waste so much of it on administrative salaries and expensive marketing programs. We need some sort of public discussion about the purposes of higher education and the limits of capitalism. No school should be able to promise the jobs that only public policy can deliver.