News & Analysis as of

Students Unions The National Labor Relations Act

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

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

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

Steptoe & Johnson PLLC on

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

Bass, Berry & Sims PLC on

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

Hinshaw & Culbertson LLP

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

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

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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

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

Harris Beach PLLC

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

Harris Beach PLLC on

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”

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

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

Jackson Lewis P.C. on

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

Fisher Phillips

Healthcare Employers Rejoice? Recent Shift In NLRB Decisions Impacts The Industry

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A new Republican majority took hold over the National Labor Relations Board (NLRB) at the end of 2017, leading to several significant labor decisions. Because the NLRB’s decisions and actions impact all industries, healthcare...more

Fisher Phillips

Student-Employee Unions: Should Universities Expect a Double U-Turn?

Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

Franczek P.C.

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

Franczek P.C. on

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more

Spilman Thomas & Battle, PLLC

The NLRB Recognizes Student-Employees: The Effect of Columbia University on Private Universities

In August 2016, the National Labor Relations Board (“NLRB” or “Board”) held in a 3-1 decision that undergraduate and graduate student assistants at private colleges and universities are employees under Section 2(3) of the...more

Sheppard Mullin Richter & Hampton LLP

NLRB Allows Student Assistants to Unionize, Signals Commitment to Expanding Its Reach

Last month, the National Labor Relations Board (the “NLRB” or “the Board”) reversed standing precedent and held that student assistants at private universities, including both graduate and undergraduate teaching and research...more

Seyfarth Shaw LLP

Back to School: NLRB Takes Aim at Colleges and Universities

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Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

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