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The National Labor Relations Act › Students

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

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On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Littler

NLRB General Counsel Suggests How Colleges and Universities Can Satisfy NLRA Disclosure Obligations Without Violating FERPA

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Colleges and universities that employ their own students face conflicts about how to protect student information, as required by the Family Educational Rights and Privacy Act (FERPA), while disclosing information about...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

FordHarrison

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

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Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

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On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Littler

Pencils, Paper, and Now NLRA Legal Protections – New General Counsel Memorandum Provides College Student Athletes with a Very...

Littler on

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer A. Abruzzo released a nine-page memorandum taking the unequivocal position that “certain Players at Academic Institutions” are...more

Foley Hoag LLP

NLRB Withdraws Proposed Rule Intended to Block Student Union Organizing

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March 18, 2021 On March 12, 2021, the National Labor Relations Board withdrew its proposed rulemaking that would have prevented college student workers from organizing unions.  As a result, the Board’s 2016 decision granting...more

Steptoe & Johnson PLLC

NLRB Paves the Way for Graduate Student Unions

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NLRB withdraws proposed rule intended to benefit private colleges and universities: The March 15, 2021 Federal Register contained an unwelcome surprise for private colleges and universities. The National Labor Relations Board...more

Saul Ewing LLP

The NLRB Opens the Door for Student Unionization (Again)

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The roller coaster ride for private colleges and universities seeking a final determination on whether student workers—including graduate assistants—have the right to unionize may not be over yet....more

Bass, Berry & Sims PLC

Students May Unionize After All: NLRB Withdraws Proposed Rule

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The National Labor Relations Board (NLRB or Board) recently announced it was changing course on whether students should be considered employees and therefore can unionize. This change of course returns to previous Board...more

Jackson Lewis P.C.

Labor Board Withdraws Proposed Rule Excluding Student Workers From NLRA Coverage

Jackson Lewis P.C. on

In an interesting turn foreshadowing a coming change in its leadership, the National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and...more

Jackson Lewis P.C.

Will Acting General Counsel Ohr’s Appointment Lead To NCAA Athletes Becoming Eligible To Unionize?

Jackson Lewis P.C. on

President Joe Biden has named Peter Sung Ohr to serve as Acting General Counsel of the National Labor Relations Board (NLRB or Board). Ohr has served as the Regional Director of the NLRB Chicago office for nearly a decade...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2019 #2

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Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more

Hinshaw & Culbertson LLP

NLRB Proposes Rule that Would Deny Undergraduate and Graduate Students the Right to Unionize

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The National Labor Relations Board (NLRB) has proposed a new rule which would exclude undergraduate and graduate students from coverage under Section 2(3) of the National Labor Relations Act (NLRA). Specifically, students who...more

Hogan Lovells

Ruling Out Graduate Student Unions

Hogan Lovells on

On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more

Franczek P.C.

What You Need to Know About the NLRB’s Proposed Rule Blocking Student Organizing

Franczek P.C. on

The seemingly never-ending debate over private sector college- and university-student employment status continues. On Friday, September 20, the National Labor Relations Board (NLRB) announced its intent to propose a rule...more

Bond Schoeneck & King PLLC

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

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On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

ArentFox Schiff

NLRB Proposes Rule Excluding Private College and University Student Workers from NLRA Coverage

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Upending recent precedent, the National Labor Relations Board, yesterday, proposed a rule that, if adopted, will exempt from the NLRB’s jurisdiction undergraduate and graduate students who perform services in connection with...more

Harris Beach PLLC

Calling All Campuses: NLRB Proposes New Rule to Block College Student Labor Unions

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In an effort to resolve a hotly debated legal issue spanning decades for private college and university employers, the National Labor Relations Board (NLRB) recently released a proposed rule that would effectively block...more

Proskauer - Labor Relations Update

NLRB Proposes Rule to Settle Once and For All: Student Teaching and Research Assistants Are Not “Employees”

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As anticipated, today the National Labor Relations Board published a Notice of Proposed Rulemaking (“NPRM”) proposing a regulation which would establish that students at private colleges and universities who perform any...more

Ballard Spahr LLP

New NLRB Rule Would Stop Graduate Student Unions in Their Tracks

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Last week, the National Labor Relations Board (NLRB) released a proposed rule that would remove graduate and undergraduate students who perform work for pay in conjunction with their academic studies from the definition of an...more

Troutman Pepper

NLRB Proposes Regulation to Prevent Students From Organizing

Troutman Pepper on

As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more

Jackson Lewis P.C.

Representation-Case Procedures, Students As Employees, Access To Private Property On NLRB Rulemaking Agenda

Jackson Lewis P.C. on

Among the National Labor Relations Board’s (NLRB) rulemaking priorities under the National Labor Relations Act (NLRA) are its representation-case procedures, “blocking charge” and voluntary recognition standards, student...more

Jackson Lewis P.C.

Labor Board To Revisit Right Of Graduate Students To Unionize

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The National Labor Relations Board (NLRB) has announced that it will propose rules on the standard for determining whether students who perform services at private colleges or universities in connection with their studies are...more

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