Worker Advocate Asks Federal Labor Board to Uphold Precedent Disallowing Forced Unionization of Grad Students
Foundation files brief supporting university teaching assistants’ First Amendment freedom of association
Washington, DC (July 29, 2011) – The National Right to Work Foundation filed an amicus curiae («friend of the court») brief with the National Labor Relations Board (NLRB) asking the Board to uphold its long-standing precedent to disallow union officials to corral university graduate students working as teaching assistants into unwanted union affiliation.
Foundation attorneys filed the brief with the NLRB in a case involving United Auto Workers (UAW) union organizers’ attempt to forcibly unionize graduate students at New York University (NYU) in New York City and ultimately to force them to pay union dues to maintain their status.
Seven years ago, Foundation attorneys filed an amicus brief in a similar case involving the UAW union attempting to forcibly unionize teaching assistants at Brown University in Providence, Rhode Island. In that case, the NLRB voted to return to its long-standing position of more than 50 years that teaching assistants have an academic, rather than economic, relationship with universities, and that teaching assistants are not “employees” as defined by federal labor law who can be subjected to union monopoly bargaining.
In their latest brief, Foundation attorneys argue that UAW union lawyers are using the NYU case as a means to overturn the Brown University case, even though the facts are different.
Meanwhile, Foundation attorneys undercut the union lawyers’ arguments for new precedent that establishes teaching assistants as employees of the university, because grades are the central form of compensation for graduate students who are paid to teach, research, or perform temporary work.
The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.
