The National Labor Relations Board (NLRB) has invited amicus briefs in Columbia University to reconsider whether graduate student assistants are employees within the meaning of Section 2(3) of the National Labor Relations Act (NLRA).
In 2004, in Brown University, the panel (Board) heading the NLRB's judicial functions held that graduate student assistants are not employees within the meaning of Section 2(3) of the NLRA because they:
Perform services at a university in connection with their studies.
Have a predominantly academic, rather than economic, relationship with their school.
On December 23, 2015, in Columbia University, the majority of the Board (Chairman Pearce and Members Hirozawa and McFerran) granted a union's petition for review seeking reconsideration of Brown University and the Board unanimously granted the university's conditional petition for review challenging the NLRB regional director's application of Brown University and other bargaining unit determination cases. Member Miscimarra dissented from the decision on the union's petition for review, but concurred in the decision to grant the university's conditional petition for review. ( (Dec. 23, 2015).)
On January 13, 2016, the Board issued a Notice and Invitation to File Briefs setting a schedule for the parties and amici to file briefs. The Board invited the parties and amici to address the following questions:
Should the Board modify or overrule Brown University, which held that graduate student assistants who perform services at a university in connection with their studies are not statutory employees within the meaning of Section 2(3) of the NLRA?
If the Board concludes that graduate student assistants, terminal masters degree students and undergraduate students are statutory employees, would a unit composed of all these classifications be appropriate?
If the Board concludes that graduate student assistants, terminal masters degree students and undergraduate students are statutory employees, what standard should the Board apply to determine whether they constitute temporary employees?
Parties and amici must file any briefs with the NLRB by February 29, 2016. Parties must file any responsive briefs by March 14, 2016. All briefs must be filed electronically using NLRB E-File.