tag:blogger.com,1999:blog-6323968.post112558978850902567..comments2024-02-29T21:58:08.162-05:00Comments on Dialogic: Coalition of Graduate Employee Unions: Over 80 Arrested In Protest Action Against New York UniversityMichaelhttp://www.blogger.com/profile/14256564770318269688noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6323968.post-1125715743923362842005-09-02T22:49:00.000-04:002005-09-02T22:49:00.000-04:00Nope, NYU is private. I wish it were public -- my ...Nope, NYU is private. I wish it were public -- my law school tuition would have been much cheaper!The Continental Ophttps://www.blogger.com/profile/05540293348020248887noreply@blogger.comtag:blogger.com,1999:blog-6323968.post-1125635333079839522005-09-02T00:28:00.000-04:002005-09-02T00:28:00.000-04:00Thanks, that clears up a lot of confusion! I alwa...Thanks, that clears up a lot of confusion! I always assumed NYU was a public institution?Michaelhttps://www.blogger.com/profile/14256564770318269688noreply@blogger.comtag:blogger.com,1999:blog-6323968.post-1125633706899258912005-09-02T00:01:00.000-04:002005-09-02T00:01:00.000-04:00State Universities are a whole different ball game...State Universities are a whole different ball game. They're governed by state, not federal, law. In a great many states (including, off the top of my head, Michigan, Wisconsin, California, Florida, Indiana, New York, Illinois and Pennsylvania -- and there are others that I can't remember off hand) the labor board and/or courts have ruled -- sensibly enough -- that of course graduate assistants are employees. I'm proud to say that I represented the union at Temple University in the case that established this principle in Pennsylvania. <BR/><BR/>The majority position in the NLRB's Brown decision -- which applies only to private institutions -- is nonsensical -- pure politics, without any basis in law or logic.The Continental Ophttps://www.blogger.com/profile/05540293348020248887noreply@blogger.comtag:blogger.com,1999:blog-6323968.post-1125592665480106722005-09-01T12:37:00.000-04:002005-09-01T12:37:00.000-04:00Continetal Op,Isn't the entire University of Calif...Continetal Op,<BR/><BR/>Isn't the entire University of California system set with unions for the grad students (one through similar battles) and University of Illinois' grad students recently won the right to negotiate as unions with the university--why wouldn't they be affected by this decision (curious about this).<BR/><BR/>As a former grad-student laborer that notion that they are "not" workers or employees is ridiculous. They sign contracts in which they agree to complete certain amount of labor? Is that not an employee? They do the exact same work as professors when they teach?<BR/><BR/>Yes, please enlighten me on this as you research your article--sounds like a great topic! I could try to put you in contact with some of the I of U union people if you need it.Michaelhttps://www.blogger.com/profile/14256564770318269688noreply@blogger.comtag:blogger.com,1999:blog-6323968.post-1125592188460074422005-09-01T12:29:00.000-04:002005-09-01T12:29:00.000-04:00The University first announced its intention to wa...<I>The University first announced its intention to walk away from bargaining in June of 2005, citing a recent NLRB decision, although the case in question does nothing to prevent NYU from respecting the democratically-expressed wishes of TAs, RAs and other employees.</I><BR/><BR/>This is actually an interesting issue. The NLRB's decision in the Brown University case (reversing the Board's earlier decision in the NYU case) ruled that graduate assistants are not "employees" under federal labor law. In that case, it may indeed be unlawful for NYU to bargain collectively with its graduate assistants, because collective bargaining by non-employees can be a violation of federal antitrust laws. However, at the present time, it isn't clear whether the graduate assistants would be subject to the antitrust laws either. It would turn on whether their work affects interstate commerce. You've given me an interesting idea for a law review article!The Continental Ophttps://www.blogger.com/profile/05540293348020248887noreply@blogger.com