Tuesday, October 26, 2010

Brown University Revisited

NLRB The NLRB just issued an order today stating that it will reconsider its decision in Brown University, which essentially excluded graduate students from the definition of "employee" under the NLRA.  The Board, by a [2-1] vote, ordered a hearing in a case involving NYU (a case which classified graduate students as employees, and was reversed by Brown) to gather more facts on  the employer's contentions that most graduate students are now classified as employee adjunct professors, other graduate students are funded by outside grants and aren't employees under either NYU or Brown.  Member Hayes dissented, arguing that the request for reconsideration is improper (mainly that the only change that has occurred is the Board's membership) and that the ordered assumes that overruling Brown is preordained.

I think we can all agree that Member Hayes is right about at least one thing:  Brown is toast.

Hat Tip:  Justin Keith



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It was actually a 2-1 vote; the grant of review was decided by a 3-Member panel (Becker and Pearce; Hayes dissenting).

Posted by: Dennis Walsh | Oct 27, 2010 11:54:00 AM

Good catch, thanks.

Posted by: Jeff Hirsch | Oct 27, 2010 5:24:55 PM

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