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How will the new NLRB decision impact graduate students that work for a university?

By Jeshica Patel posted 09-22-2016 03:05 PM

  

Last month, on August 23, 2016, the National Labor Relations Board decided on the question of “whether students who perform services at a university in connection with their studies are statutory employees within the meaning of Section 2(3) of the National Labor Relations Act.”[1] The case comes from Columbia University, where graduate students wanted to join the United Auto Workers. Columbia officials argued using precedent from Brown University, 342 N.L.R.B. 483 (2004) and reasoned that graduate student relationships with education departments are not the same as employee-employer relationships.[2] The court ultimately held that “student assistants who have a common-law employment relationship with their university are statutory employees under the Act.”[3]  This will apply to “student assistants, including assistants engaged in research funded by external grants.”[4] Allowing graduate students who work for their university to unionize will change the game for many.

[1] The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW. 364 N.L.R.B. No. 90 (2016)

[2] Id.

[3] Id.

[4] Id.

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