Unmanageable Quagmire or Elegant Distinction?

On Aug. 23, the National Labor Relations Board issued its long-awaited decision in a case involving whether graduate teaching and research assistants at Columbia University could unionize, resulting in a significant decision that overruled existing precedent on the issue. In its ruling, a majority of the board concluded that student assistants employed by private institutions of higher education can be considered employees for the purposes of organizing and collective bargaining under the National Labor Relations Act. While the decision dealt with graduate assistants, the potential impact on each institution must be assessed on a case-by-case basis. The broad ruling has potential application to both undergraduate and graduate-level teaching and research assistants and thus may have substantial ramifications.

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