Public Policy

CUPA-HR Public Policy Statement

Approved by National Board of Directors on July 12, 2023

This document provides a framework for CUPA-HR’s public policy advocacy efforts, which are derived from our core values and strategic priorities. This framework helps the President and CEO and the Chief Government Relations Officer manage strategic and day-to-day activities while leveraging collaborations and partnerships with other associations/organizations.  Further, it guides the work and considerations of the government relations team as well as the Public Policy Committee.

Principles

A. In General – Workforce policy should strive to:

    1. Facilitate employer and employee adjustments to changes in the workplace as a result of technological developments, demographics, globalization, and national security needs.
    2. Support and encourage employer efforts to provide benefits that enhance employees’ health and wellness, retirement security, job flexibility, skills development, work-life balance, recruitment and retention.
    3. Promote education and immigration policies that ensure the U.S. higher education system remains among the best in the world.
    4. Promote transparency, consistency, fairness, diversity, equity, access, inclusion and belonging.
    5. Involve stakeholders in the legislative and regulatory process by providing meaningful opportunities to review proposals prior to Congressional or Regulatory action and by creating opportunities for stakeholder participation via listening sessions, hearings, mark-ups, public notice, and comment periods.
    6. Promote laws, regulations, and guidance that are drafted in a manner that:
      1. Are narrowly tailored to address specific identified problems, concerns or issues and avoids unintended consequences;
      2. Facilitate understanding and compliance; and
      3. Promote efficient processes.
    7. Make compliance information publicly available through the Internet and other means.
    8. Support outreach efforts and regular communications by agencies to stakeholders.

B. Workplace Flexibility
As the landscape of higher education work is changing, public policy should support workplace flexibility, when consistent with the needs of the institution, with respect to work hours, job duties, assignments, and work location and minimize any legal barriers to providing such flexibility. Such arrangements can improve work-life balance, reduce lost time due to commuting, and promote employment opportunities for all workers.

C. Student Workers
Public policy should enable colleges and universities to provide students with opportunities to work on campus, while also recognizing that the relationship between institutions and students is primarily academic. Students’ purpose for attending a college or university is to receive an education, and the funds that students receive for on-campus work provides students with financial support for the continuation of their degree progress and an avenue for developing skills.

D. Unionized Workforce
Section 7 of the National Labor Relations Act (NLRA) guarantees employees the right to organize and collectively bargain or to refrain from doing so. CUPA-HR supports policy that preserves Section 7 rights by permitting employees to vote privately and confidentially after both unions and employers have had a fair opportunity to inform employees about the possible advantages and disadvantages of union representation, provided the policy also places limits on coercion during the election process. CUPA-HR also believes that parties to a contract are in the best position to determine the terms and conditions that will result in long-term positive outcomes for the employer and its employees. Consequently, CUPA-HR supports policy that permits parties to negotiate a contract freely. Where collective bargaining exists, CUPA-HR supports policy that encourages recognition of cohesive rather than fragmented bargaining units that do not unnecessarily exclude similarly-situated employees, and that recognize the realities of managing a workplace.

E. Contractor Relationships
Public policy should not impede colleges’ and universities’ use of external subcontractors and vendors when doing so will increase value and improve experiences for students. To this end, federal law should consider colleges and universities “joint employers” under federal law with another organization or business only if both organizations share direct control over workers’ terms and conditions of employment.

F. Title IX
Title IX of the Education Amendments of 1972 addresses sex discrimination and sexual harassment in educational institution programs. It provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives federal financial assistance. HR’s involvement in Title IX compliance will vary from institution to institution but may include development and deployment of training programs, investigation of alleged violations, promulgation of policies, and Title IX compliance oversight. CUPA-HR supports policy that embraces the letter and spirit of Title IX from an ethical standpoint.