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National Labor Relations Board › Graduate Students

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Littler

NLRB Reaffirms that Graduate Students Are Statutory Employees under NLRA

Littler on

On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more

Proskauer - Labor Relations Update

The Show Can’t Go On: NLRB Denies Union Request for Review of Decision Finding Brown University MFA Students are Not Employees

Proskauer - Labor Relations Update on

In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more

Proskauer - Labor Relations Update

Undergraduate Bargaining Units Are Here to Stay—and 20,000 Members Stronger

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A growing trend of union organizing among undergraduate student workers reached a crescendo last week when a unit of 20,000 student assistants at California State University voted in favor of unionization. California...more

Bradley Arant Boult Cummings LLP

Teach, Hit the Lab, Grade Some Papers and… Unionize? NLRB Rules That Private University Graduate Students Can Unionize

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Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more

Morgan, Brown & Joy, LLP

Your Undergraduate Students Are Preparing For Unionization. Are You?

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In recent months and weeks, undergraduate student union organizing has picked up pace rapidly. On March 22, 2022, Wesleyan University voluntarily recognized a bargaining unit of undergraduate resident advisors following a...more

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

100 Days of the Biden Administration, Part II: Key Labor and Employment Policy Developments

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In its first 100 days in office, the Biden administration has advanced its policy priorities, many of which have involved repealing the policy accomplishments of the previous presidential administration. The Biden...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

Littler

NLRB Rescinds Proposed Rule Clarifying Status of Private University and College Students Working in Connection with their Studies

Littler on

On March 12, 2021, the National Labor Relations Board (Board) announced that it is withdrawing a rule proposed in September 2019 that would have excluded undergraduate and graduate students at private colleges and...more

Ballard Spahr LLP

NLRB Withdraws Proposed Rule Blocking Graduate Student Unionization

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The National Labor Relations Board (NLRB or Board) has withdrawn a proposed rule that would have exempted graduate students from the definition of “employees” under the National Labor Relations Act (NLRA). Under the rule...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

Foley & Lardner LLP

Graduate Assistants are Employees (Again)

Foley & Lardner LLP on

This past Friday, the National Labor Relations Board (NLRB) withdrew a controversial proposed rule that would have prevented graduate teaching and research assistants from attempting to unionize at private colleges and...more

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

Beltway Buzz - March 2021 #2

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

Biden Signs Sixth COVID-19 Aid Package Into Law. President Joe Biden promised the country an enormous economic rescue plan, and he delivered. On March 11, 2021, President Biden signed into law the American Rescue Plan Act of...more

Jackson Lewis P.C.

Labor Board Withdraws Proposed Bar To Student Workers Unionizing At Private Colleges, Universities

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has withdrawn the rule it proposed in September 2019 to exclude student workers at private colleges and universities from coverage under the National Labor Relations Act (NLRA)...more

Jackson Lewis P.C.

Democratic Bill Seeks To Classify Graduate Student Workers As Employees Under NLRA

Jackson Lewis P.C. on

The “Respect Graduate Student Workers Act,” introduced by Representative Mark Pocan (D-Wis.), aims to classify graduate student workers as employees and ensure them “full labor protections” under the National Labor Relations...more

Amundsen Davis LLC

A Wild Time On Campus: Higher Ed Whipsawed By September’s Employment Law Developments

Amundsen Davis LLC on

Colleges and universities have witnessed major developments in September with student teaching and research assistants at private schools losing the right to unionize but student-athletes in California gaining the right to be...more

Parker Poe Adams & Bernstein LLP

NLRB Proposes End to Graduate Student Unions at Private Universities

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Since 2000, the National Labor Relations Board has taken the position that some graduate students who are paid for teaching and research functions by private colleges and universities qualify as employees eligible to organize...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

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

Hogan Lovells

Ruling Out Graduate Student Unions

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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

Bond Schoeneck & King PLLC on

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

ArentFox Schiff on

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

Fisher Phillips

Grad Students Cannot Unionize Under Proposed NLRB Rule

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The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...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

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