Skip to comments.Graduate Students Clear Hurdle in Effort to Form Union
Posted on 08/23/2016 12:46:26 PM PDT by oblomov
Students who work as teaching and research assistants at private universities will be allowed to vote to unionize under a ruling Tuesday by the National Labor Relations Board that found that they are employees under federal labor law.
The case arose from a union election petition filed by a group of primarily graduate students at Columbia University, who are seeking to form a union that will join the United Automobile Workers.
The three Democratic members of the board made up the majority; the lone Republican member dissented. A fifth spot on the board has been vacant since last year.
The decision reverses a 2004 ruling by the board involving graduate student assistants at Brown University. The ruling held that the assistants could not be considered employees because they are primarily students and have a primarily educational, not economic, relationship with their university.
The current board disagreed, arguing that it could treat students as employees if they perform and are compensated for work that the university oversees, even if their relationship with the university was substantially broader.
(Excerpt) Read more at nytimes.com ...
Time to do away with these positions.
After the union forms, it’s too late.
Just end those programs now.
When Richard F. Griffin, Jr. became General Counsel of the NLRB (despite the fact that Republicans had made concessions to Obama dependent upon his NOT being associated with the NLRB) he tried to ram card check through.
Look for him to try to get this to happen via card check.
This is so far removed from reality it is unreal. Well, now that the students will be employees of the University, I hope they understand what that means. I can promise you, the union didn’t fully explain that to them when they get them to sign the cards.
If part of the curriculum is that work for experience then a union would be daft.
I do know some PHD candidates are held for too long doing that though.
I had a friend who had his doctrine in Physics and was doing a student teaching at Penn State for room and board plus 18 thousand dollars while the Professor was getting over 200 thousand and not even teaching the once a month!
I just can’t see that happening. Card check to the Dems is live overturning Roe v. Wade to us. Even when Obama and the Dems were at the height of their power in 2009, they knew that they could never pull it off.
“I had a friend who had his doctrine in Physics and was doing a student teaching at Penn State for room and board plus 18 thousand dollars”
Wow! Doing a student and getting paid! Nice gig!
You mean professors would have to teach their own classes?
Yeah, like that'll ever happen...
I know, I know, they’re so tired after working to get tenure.
Makes sense to me. Grad students are way too often treated as free labor. Half the low end classes are taught by grad students. If you’re going to make somebody do the work eventually they’re going to want the recognition, pay and benefits.
Liberal universities are about to get a taste of their own medicine, eh? Good!!
Lincoln Freed the Slaves.
He didn’t say NOTHIN’ about the interns.
If the students go on strike, do the teachers and maintenance personnel cross the picket line?
Taxpayer subsidized abortions cause the death by dismemberment of a full 40% of all black children conceived in this country. Planned Barrenhood has ALWAYS favored that result but think of all the chances dashed for the innocent victims to vote Demonrat.
Likewise, this stupidity will hasten the demise of generally leftist brick and mortar universities (the modern leftist equivalent of medieval castles) and their influence. Let us not be blinded by our distaste for unions if that is a result.
We’ve had graduate student unions at Canadian universities for years. No biggie. There’s too much turnover for them to have any real continuity of bargaining power.
will be allowed to vote to unionize under a ruling Tuesday by the National Labor Relations Board that found that they are employees under federal labor law [emphasis added]."
Regardless what FDRs state sovereignty-ignoring, activist justices wanted everybody to think about the scope of Congresss Commerce Clause powers (1.8.3), the states have never delegated to the feds, expressly via the Constitution, the specific power to regulate INTRAstate labor. This is evidenced by the following excerpts by previous generations of state sovereignty-respecting justices.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]. Gibbons v. Ogden, 1824.
From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
In fact, note that even if the states had expressly constitutionally delegated such power to Congress that the Founding States made the Constitutions Sections 1-3 of Artcle I to clarify that all federal regulatory / legislative powers are vested in the elected members of Congress, not in the executive or judicial branches, or in faceless, non-elected bureaucrats such as those running the NLRB or the EPA as examples. So Congress has a constitutional monopoly on federal legislative powers whether it wants it or not.
But by letting federal officials outside the legislative branch get away with stealing and using legislative branch powers, powers that the states have never delgated to Congress in this case, corrupt lawmakers are not only blatantly ignoring Sections 1-3 mentioned above, but they are also letting federal bureaucrats do their unpopular, unconstitutional legislative work for them.
In other words, by letting outsiders do their dirty work for them, crook lawmakers are able to keep their voting records clean, arguably to fool low-information patriots into reelecting them.
Remember in November !
Patriots need to support Trump / Pence by also electing a new, state sovereignty-respecting Congress that will not only work within its constitutional Article I, Section 8-limited powers to support Trumps vision for making America great again for everybody, but will put a stop to unconstitutonal federal taxes and likewise unconstitutional inteference in state affairs.
Note that such a Congress will also probably be willing to fire state sovereignty-ignoring activist justices.
Good. Professors by and large espouse and endorse unions but don’t have to deal with them. Let’s see what happens to that support when they have to deal with unions up close and personal.
“now that the students will be employees of the University”
It won’t be long before the football players (and all other college athletes) demand to be paid wages.