In Pennsylvania, there are three types of public schools of higher education.

• Community Colleges
• Pennsylvania State System of Higher Education (PASSHE)
• Commonwealth System of Higher Education (state-related)

Community Colleges	PASSHE Schools	State-Related
Allegheny Beaver Bucks Butler Delaware Harrisburg Lehigh Carbon Luzerne Montgomery Northampton Highlands Philadelphia Reading Thaddeus Stevens Westmoreland	Cheyney University (HBCU) Commonwealth University East Stroudsburg University Indiana University Kutztown University Millersville University Pennsylvania Western  Shippensburg University Slippery Rock University West Chester University	Lincoln University (HBCU) Pennsylvania State University University of Pittsburgh Temple University

What does “state-related” mean?

All four of the universities in the Commonwealth System started out as private institutions, and in many respects still retain some of that autonomy. Temple was the first to be designated as an “instrumentality of the commonwealth” in 1965; Pitt followed in 1966 and Lincoln in 1972. (Penn State’s history as the designated land grant college and its public or private status is very complex.)

Each of the “state-related” schools receive annual non-preferred financial appropriations from the state. They all offer a tuition discount for PA residents, and each has some state representatives on their boards. As a non-preferred appropriation, it requires a ⅔ majority vote, not a simple majority. This higher threshold means the “state-related” institutions have a harder time securing state appropriations than the community colleges and PASSHE system schools. Appropriations to the state-related universities have been flat for several periods as a result. Most recently, Commonwealth funding to Temple has stayed flat since 2020, marking 5 straight years of funding cuts from Harrisburg when accounting for inflation.

As legally separate institutions, with independent boards of trustees who control their assets, they operate in many cases like private schools. They have full control over their curricula. Their boards make decisions about tuition, capital expenses, and budget priorities without direct control from state lawmakers. Employees of the “state-relateds” are not employees of the Commonwealth, and do not participate in the State System for healthcare, the State Employees Retirement System, or other similar benefits as PASSHE faculty do.

What does “state-related” status mean for labor at Temple?

Temple’s “state-related” status means that Temple counts as a public employer for purposes of most labor and employment law. The legal relationship between Temple and its unions, including TAUP, is governed by the Pennsylvania Public Employee Relations Act (PERA/Act 195), which covers state and local employees in Pennsylvania, and not the National Labor Relations Act (NLRA), which covers private employers. Some practical consequences:

• Employees of “state-related” institutions have broader speech protections than those of private employers.
  • While Temple can control what you say at work, in most cases you cannot be penalized for what you say outside of work.
  • Private employers can – and do! – discipline and terminate employees for what they say on their own time.
• Most employees of “state-related” institutions have some protection against termination without just cause, even if they’re not represented by a union.
  • Temple employees represented by TAUP have specific additional protections against discipline and termination and processes to ensure Temple has proved its case against you, which are set by our collective bargaining agreement.
  • Private employers can – and do! – discipline and terminate employees for any reason or no reason at all.
• Employees of “state-related” institutions may not lawfully strike except in specific circumstances permitted by PERA.
  • TAUP cannot lawfully strike unless our collective bargaining agreement has expired, negotiations have failed, and certain other conditions have been met.
    • Our current collective bargaining agreement expires May 31st, 2028.
  • Private-sector employees are generally able to strike in more circumstances, but it’s easier for private-sector employers to bring in permanent replacements.

However, Temple is treated much more like a private entity for purposes of Pennsylvania public records law. Some practical consequences:

• Temple’s annual budget is only publicly available because TAUP’s collective bargaining agreement requires Temple to provide a publicly-accessible copy. Absent that provision (which Temple has repeatedly tried to remove), Temple does not have to publicly disclose its budget.
• Temple must make an annual report to the Pennsylvania legislature as part of the process to secure Commonwealth appropriations. However, Temple does not have to publicize the documents underlying that annual report.
• TAUP has the right to receive documents and data needed to negotiate and enforce the collective bargaining agreement upon request, but Temple does not have to disclose similar information to Pennsylvania citizens the way fully public institutions or government agencies would.
  • All the information TAUP receives either comes from a specific request to Temple or a specific provision for regular disclosure in our collective bargaining agreement.

Finally, there are differences in how the “state-related” institutions and others negotiate their collective bargaining agreements. All faculty and coaches across the PASSHE system are represented by a statewide union, the Association of Pennsylvania State College and University Faculties (APSCUF), with chapters at each of the campuses. APSCUF negotiates a single collective bargaining agreement for the entire system, with addenda addressing specific conditions at particular campuses. However, each unionized “state-related” institution and  community college negotiates an individual collective bargaining agreement directly with that individual employer that only applies at that institution. Collective bargaining agreements from other schools in Pennsylvania can be helpful guides to improvements we want to see at Temple, but they’re not binding on Temple. TAUP has to negotiate any terms we want to see with the Temple administration and get them added to our collective bargaining agreement if we want them to have any effect.

As mentioned, all PASSHE system faculty and coaches are represented by APSCUF. Of the 15 community colleges, about half have a local union that’s part of the American Federation of Teachers (AFT), and a couple more have a local union that’s part of the National Education Association (NEA). A few community colleges are not yet organized.

Of the other “state-related” schools, Lincoln has a long-running AAUP chapter that collectively bargains. The faculty at Pitt have recently organized a local union with the United Steelworkers (USW) and recently ratified their first collective bargaining agreement. Penn State faculty are currently trying to organize a local union with the Service Employees International Union (SEIU) and are getting closer to an official representation vote.