September 14, 2014
Case Study 5-2, pg. 230
1. Why would a labor union want to organize and represent TAs, RAs, ad proctors? A labor union would want to organize and represent these graduate students (possible employees), at this university because they could be covered by the National Labor Relations Act. The university’s repetition, might possibly be at jeopardy and legal action or settlement in the long run. 2. Why would TAs, RAs, and proctors want union representation?
For the changes to the fellowship or requirements for future graduate students within the university. 3. What rights would TAs, RAs and proctors have if the NLRB rules they are “employees “under the NLRA?
If they are employees, the NLRA protects their rights to make common cause with other employees to improve working conditions and to have union representation. The common law defines an employee as having an employment relation with an employer. Employee status is a fact question and not a matter of titles or labels. 4. Which group(s), if any, would be “employees” under the NLRA and, thereby, be allowed to form a union?
The TA and RA stipends, or fellowship stipends, are “financial aid” which should be considered as employees. TAs or RAs lose their status as employees because the TAs and RAs are academically required to work was based on the false notion that there is no way to distinguish between a graduate student’s academic requirements and the “work appointments” of the TAs or RAs. Assuming that these individuals usually are satisfying an academic requirement, this was not determinative of employee status, nor temporary employees.
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