Case Study 5.2 - "Are Teaching Assistants, Research Assistants, and Proctors Employees Under the Nlrb?"

1498 WordsMar 6, 20126 Pages
Case study 5.2 - "Are Teaching Assistants, Research Assistants, and Proctors Employees under the NLRB?" Given the broad definition of “employee” found in the NLRA, one would have to conclude that the teaching assistants, research assistants, and proctors are all employees of Yellowstone University. At a public institution the NLRA would specifically not apply, but as a private institution Yellowstone is providing compensation to its graduate students for contributions made to the operation of the school at large. The additional tuition remissions given to the majority of graduate students is the only portion of this compensation that could reasonably be considered financial aid, and make it clear that the services provided by the…show more content…
Even proctors, who are less directly involved in the production capabilities of the institution, alleviate burdens on other paid employees in their counseling of undergraduate students and administrative/clerical work. Though all of this might indeed be a part of the institution’s education plan, it is disingenuous of Yellowstone University to claim that these students are not also employees. A final proof lies in the fact that i the graduate students did not fulfill these functions, it would be necessary for the university to hire other employees in order to continue operations. Case Study 6.3 - "Unilateral Work Rule Changes" The deceptively simple zipper clause included in the labor contract is profoundly powerful in its effects, or would be so if the legal exceptions of such a clause were not so prohibitive of its seeming intent. The clause is not especially complex, and means exactly what it says—except for instances explicitly specified by he contract, no further bargaining is needed or can be required until the termination/expiration of the contract as “all the bargain able issues for the term thereof” have been definitively addressed by the contract. When both parties (i.e. labor and management) sign this contract, it is intended to mean that both parties are agreeing that all issues that can be bargained have been dealt with, and that therefore no more bargaining is necessary. In

More about Case Study 5.2 - "Are Teaching Assistants, Research Assistants, and Proctors Employees Under the Nlrb?"

Open Document