GraduateStudentsUnionizingImage3In 2004, the NLRB found that graduate student assistants at Brown University who performed services in connection with their studies were not employees and thus could not unionize.  The NLRB is now revisiting this issue in a case involving Columbia University and is inviting comments before the end of February on the following questions:

  1. Should the NLRB modify or overrule its determination that graduate student assistants are not employees?
  2. If the NLRB modifies or overrules the Brown University case, what should be the standard for determining whether graduate student assistants engaged in research are statutory employees?
  3. If the Board concludes that graduate student assistants are employees and can unionize, would a bargaining unit composed of different types of students be appropriate (for example, teaching assistants and research assistants)?
  4. If the Board concludes that graduate student assistants are employees, what standard should the Board apply to determine whether they are only temporary employees?

The fact that the NLRB is even asking these questions indicates that change may be coming.  This is consistent with the fact that the NLRB has been liberalizing its approach to labor and employment issues.  Therefore, any institutions with graduate student assistants should watch this case carefully and consider submitting their feedback during the comment period, which runs from now through February 29, 2016.  The following is a link to the NLRB’s website explaining the process for doing so: https://www.nlrb.gov/news-outreach/news-story/board-invites-briefs-columbia-university.

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Photo of Gary S. Starr Gary S. Starr

Gary Starr provides practical advice to a wide range of clients in the private and public sector, bringing over 30 years of experience to counseling clients in traditional labor relations matters as well as human relations problems. His experience helps clients avoid the…

Gary Starr provides practical advice to a wide range of clients in the private and public sector, bringing over 30 years of experience to counseling clients in traditional labor relations matters as well as human relations problems. His experience helps clients avoid the “big mistakes” as well as the day-to-day hassles. Gary also defends employers in state and federal courts, regularly appearing before judges, juries, and administrative agencies. He provides strategic and creative approaches to difficult employee issues, seeking practical solutions and aggressively litigating where and when necessary.

Photo of Jarad M. Lucan Jarad M. Lucan

Jarad is chair of Shipman’s Employment and Labor Practice Group, where he practices on behalf of both public and private sector clients.  Jarad has successfully represented employers in grievance arbitration matters, prohibited practice proceedings before the State Board of Labor Relations, and unfair…

Jarad is chair of Shipman’s Employment and Labor Practice Group, where he practices on behalf of both public and private sector clients.  Jarad has successfully represented employers in grievance arbitration matters, prohibited practice proceedings before the State Board of Labor Relations, and unfair labor practice proceedings before the National Labor Relations Board.  He has also represented employers in cases involving claims of discrimination and retaliation before the Commission on Human Rights and Opportunities, the Equal Employment Opportunity Commission and State and Federal Courts.