News and Articles

In a Stark Reversal, the NLRB Rules Columbia University Graduate Students May Unionize

Yogi Patel - Wednesday, September 07, 2016

The National Labor Relations Board ruled late last month that student assistants working at private colleges and universities are “employees” under the National Labor Relations Act and can organize and form a union. This reverses the position of the Board, which ruled in 2004 that graduate teaching and research assistants were not employees, reasoning that the students’ relationship with the school was “primarily educational.”

In reversing its 12-year old position in the Brown University case, the NLRB wrote that it wrongly “deprived an entire category of workers the protections of the [National Labor Relations Act], without a convincing justification in either the statutory language or the policies” of the law.

The proper role of graduate students and their contributions outside the classroom has been a source of controversy and debate for nearly two decades, as both private and public institutions of higher education have grown more and more reliant on them for the institutions to operate. Many see increased use of graduate students and low-paid, temporary adjuncts as part of a movement away from full-time professors, a move that has been criticized by educators and students. Students also point out that such work is mandatory as part of many graduate programs, but the pay leaves some of them living in poverty while the time demands prevent them from obtaining other work to supplement their income without compromising their ability to fulfill academic needs.

Schools, on the other hand, argue that unionization could lead to negotiations about inherently educational factors, such as the length of classes, the content of curriculum, or the method or amount of grading.

The Columbia University ruling allows graduate and undergraduate teaching assistants, as well as graduate and departmental research assistants at Columbia University to join Graduate Workers of Columbia-GWC, UAW, but not before the case is reviewed again by an NLRB Manhattan regional director, who must still determine who is eligible to vote in the union election.


Recent Posts


Tags

graduate students National Labor Relations Act Human Rights Law Families First Coronavirus Response Act Transgender protections Plastic Bag Ban Westchester County implementing new leave laws Overtime Exemptions Fair Work Week Legislation Household Employees Interview Series Employment Contracts Firm Announcements ACA Nanny Audit employment discrimination lawsuits Newsletter Internet Law NYC Sick Leave Law Divorce Credit Checks Minimum wage COVID-19 Worker's Rights Hairstyle Discrimination federal Department of Labor Illegal rentals Emergency Economic Injury Grants Immigration Status Credit Department of Labor Negotiating NY payroll law EEOC Filing Requirement National Labor Relations Board Fair Labor Standards Act Wage Theft Protection Act Fair Chance Act Credit History Housing Law Alter-Ego Doctrine Glatt v. Fox Searchlight Pictures, Inc. workplace discrimination I-9 Verification Executive Severance Federal Joint Employer Rule NLRB Freelance Isn't Free #meToo Corporate Law Intellectual Property Economic Injury Disaster Loans Employee Salary Histories Payroll Scams $15 Minimum Wage sexual harassment training Browning-Ferris Case NYC Sexual harrassment law Affordable Care Act Non-Qualified Stock Options commuter benefits Start-up Ventures Privacy Fair Play to Pay Act NQSO Fair Workweek Law Health Care Sexual Harassment Tax-Deferred Savings Real Estate Law Fair Labor Standards Act (FLSA) Postnup New York City Human Rights Law Trade Secrets Act U.S. Department of Labor Sexual Harassment and Discrimination In The Workplace Independent Contractor Landlord-Tenant Law Federal Contractors Unionization Interns as Employees Employment Offer/Agreement Selling Business Joint-Employer Relationship Business Trademark licensing Federal Acquisition Regulatory Council Unions Mandatory Class Action Waivers Paycheck Protection Program LinkedIn Womens Rights stocks Apple vs. FBI Westchester Safe and Sick Time Laws Webinar Employer Mandate Paid Family Leave Criminal Record Business Law Workplace Requirements marijuana usage Ban the Box Right to Unionize AirBnB Executive Negotiation entrepreneur Employment Law Federal Small Business Assistance New York Earned Sick Time Act Facebook Privacy and Litigation Fair Pay and Safe Workplace Executive Order Overtime Rules Domain Name New Address Trade Secrets NYC Salary History Law Trademark Law Pregnancy Wage and Hour Law Marijuana Testing Prenup Out-of-State LLC Owners Nobel Prize Web Domains Sexual Harassment policy NYC Human Right's Law's Attracting Investment Arbitration Agreements drug testing Federal Overtime Law Public-Sector Union Fees Glatt v. Fox Searchlight Pictures Technology Lactation Law Salary History Inquiries Security Interns Employee Manuals and Policies

Archive

EDIT - blog-container - This controls the styles for the headings

EDIT - BlogTagCloud - Font style

description

  • EDIT  - post-body - Font style

EDIT - side-panel - This is the colour of the sidebar headings

Snap | BC Module - Blog - Blog Description

Snap | BC Module - Blog - Blog Title

EDIT - Snap | BC Module - Blog - Date - This is the date box style

EDIT - Snap | BC Module - Blog - Post Content - Font style

EDIT - Snap | BC Module - Blog - Post Title - Heading style

EDIT  - Snap | BC Module - Blog - Sidebar Content - Font style

EDIT - Snap | BC Module - Blog - Sidebar Title - Heading style

latest blog title snap text

 

Disclaimer: Nothing on this website is or should be construed as legal advice.
An attorney-client relationship does not exist with our firm unless a signed
retainer agreement is executed, and we do not offer legal advice through
this site or any of the content located on it. For legal advice for your
particular circumstances, please contact us directly.