Effect given to the recommendations of the committee and the Governing Body - REPORT_NO362, November 2011

Effect given to the recommendations of the Committee and the Governing Body

1. 62. The Committee last examined this case – which concerns a decision of the National Labor Relations Board (NLRB) denying graduate teaching and research assistants at private universities the right, under the National Labor Relations Act (NLRA), to engage in organizing or collective bargaining – at its March 2010 meeting [see 356th Report, paras 73–75]. On that occasion, the Committee requested the Government to keep it informed of progress made in ensuring that graduate teaching and research assistants are not excluded from the protection of freedom of association and collective bargaining in their capacity as workers following the introduction of bills in the United States Congress to overrule the NLRB’s decision by adding language to the definition of “employee” under the NLRA to include “a student enrolled at an institution of higher education … who is performing work for remuneration at the direction of the institution, whether or not the work relates to the student’s course of study”.
2. 63. In a communication dated 16 March 2011, the Government states that the bills were not enacted into law during the legislative session and similar legislation has not yet been introduced. However, the Government indicated that the issue central to the case, Brown University (342 NLRB 483 (2004)), may be revisited in the near future as, on 25 October 2010, the NLRB reversed a Regional Director’s dismissal of a petition filed by a local of the United Auto Workers seeking a representation election for 1,800 graduate teaching and research assistants at New York University (New York University and GSOC/UAW, 356 NLRB No. 7(2010)). The dismissal was based on the NLRB’s decision in Brown, where the graduate student assistants at another school were not employees within the meaning of the Act. In reversing New York University, the Board stated that there were “compelling reasons for reconsideration of the decision in Brown” and remanded the case to the Regional Director for a hearing and development of a “full evidentiary record”. The New York University case record was expected to close by the end of February, with a decision to issue subsequently.
3. 64. The Committee notes the above information with interest and requests the Government to keep it informed of progress made with regard to any further developments at the NLRB in relation to the freedom of association and collective bargaining rights of graduate teaching and research assistants, as well as any additional steps taken in the US Congress as concerns this matter.