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Educational Institutions Collective Bargaining

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Guidance to Academic Institutions Addressing Conflicting Obligations under Labor and Student Privacy Laws

Earlier this week, the National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 24-06 seeking to clarify the obligations imposed by the National Labor Relations Act (NLRA) on academic institutions...more

Husch Blackwell LLP

Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions

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Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college...more

Burr & Forman

The Burr Broadcast: Dartmouth Men's Basketball Team Unionization Efforts Explained

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In this episode of The Burr Broadcast, Bryance Metheny, leader of the firm's Labor & Employment practice group, discusses the process that private employers would follow if a union attempts to organize its workforce. He uses...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #3

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Dartmouth College must bargain with its men’s basketball team after the National Labor Relations Board certified the players’ recent landmark vote to unionize with the Service Employees International Union on Thursday, but a...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

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It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

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The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Husch Blackwell LLP

2023 NCAA Compliance Report

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Husch Blackwell is pleased to share its third-annual NCAA Compliance Report, which explores the outside pressures NCAA Division I college athletics is facing, including the confluence of legal challenges, media rights, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario CUPE Strike 2022: A Sign of Things to Come?

A collision between the Ontario government and unionized education workers escalated into one of the most significant moments in recent Canadian labour relations history....more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

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On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Akerman LLP - HR Defense

The Ramifications of College Athletes Being “Employees”

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Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more

Goulston & Storrs PC

Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

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On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

Robinson & Cole LLP

The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

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The debate about compensating college athletes has presented itself in many forms recently, including a recent argument before the United States Supreme Court. As that notion gains momentum, U.S. legislators have stepped in...more

Littler

NLRB Rescinds Proposed Rule Clarifying Status of Private University and College Students Working in Connection with their Studies

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On March 12, 2021, the National Labor Relations Board (Board) announced that it is withdrawing a rule proposed in September 2019 that would have excluded undergraduate and graduate students at private colleges and...more

Proskauer - Labor Relations Update

Recent Labor Victories for Adjunct Professors Signal Likely Uptick in Contingent Faculty Organizing

Recently, adjunct professors at Elon University and Ithaca College won victories before the NLRB and an American Arbitration Association arbitrator, respectively, that further bolster the position that adjunct, or contingent,...more

Proskauer - Labor Relations Update

NLRB Establishes Bright-Line Test Denying Jurisdiction over Religious Educational Institutions

We have seen this movie before. NLRB precedent established by the Board under the prior Administration conflicted sharply with decisions by the D.C. Circuit reviewing the Board. Then the current iteration of the Board...more

Fox Rothschild LLP

A Guide To Assessment Changes In Pennsylvania’s Act 13 Of 2020

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School districts are required under a new Pennsylvania law to implement extensive assessment and evaluation methodologies to evaluate professional employees, including permanent and temporary classroom teachers, non-teachers...more

Saul Ewing LLP

Four Labor and Employment Issues Impacting Higher Education

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Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more

Bond Schoeneck & King PLLC

Proposed Rule Would Preclude Undergraduate and Graduate Students from Union Organizing

On September 23, 2019, the National Labor Relations Board (NLRB) published a Notice of Proposed Rulemaking that addresses the long-standing issue of whether undergraduate and graduate students who perform services for...more

Fisher Phillips

Grad Students Cannot Unionize Under Proposed NLRB Rule

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The National Labor Relations Board took the latest step in the long-simmering debate over whether college teaching and research assistants could unionize when it released a proposed rule on Friday that would once again block...more

Littler

NLRB Issues Proposed Rule to Clarify Status of Private University and College Students Working in Connection with Their Studies

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On September 20, 2019, the National Labor Relations Board (Board) issued a proposed rule that would exclude from the National Labor Relations Act (Act) undergraduate and graduate students at private colleges and universities...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Thursdays with Ruthie: Are College Professors and Other Professional Employees Covered By the NLRA?

The issue of whether faculty at private colleges and universities are entitled to the protections of the National Labor Relations Act is still in flux—and cases on this topic can provide useful insight for other industries as...more

Steptoe & Johnson PLLC

Reed College’s Student Workers Will Be Permitted to Hold Union Election

Reed College has been directed to permit a subset of its student workers (known as Housing Advisers or HAs) to hold an election to form a union. Reed College opposed an election arguing that: 1) HAs cannot meet the statutory...more

Seyfarth Shaw LLP

Are Graduate-Students Assistants Employees Under The NLRA? The Answer Of The Obama Board Will Not Be The Final Word

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Seyfarth Synopsis: A 2016 decision of the National Labor Relations Board (“Board”) finding that the graduate students at Columbia University were employees under the National Labor Relations Act (“NLRA”) has been teed up for...more

Jackson Lewis P.C.

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

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In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

Hogan Lovells

Senate HELP Committee Questions NLRB Nominees on Higher Education Issues

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During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more

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