Skip to main content

Harvard Graduate Student Council Passes Resolution Asking Harvard to Drop NLRB Appeal


Over the past year, I made note of a union election at Harvard by graduate students that sought to unionize.  After the election occurred, there were subsequent challenges made to several ballots cast as well as claims that Harvard prevented eligible students from participating in the election.  An objection was filed with the National Labor Relations Board ("NLRB") and in July, the NLRB's Regional Director called for a second election.

Was that the end of things?  Of course not.  Harvard subsequently appealed to the NLRB and argued there should not be a second election to determine whether or not eligible students may unionize.  Last Wednesday, 75% of Harvard's Graduate Student Council voted in favor of a resolution urging Harvard to drop its NLRB appeal.  (A 2/3 majority vote of Harvard's Graduate Student Council was needed to pass the resolution.)  In short, the resolution argued that Harvard was attempting to change labor law via its appeal and that a Harvard victory (ie denying a second election) would weaken labor rights nationwide.

Will this resolution change Harvard's mind?  I would not hold my breath.  Given that Harvard believes it complied with the voter list requirement and that voters were generally well informed about the election, there is little reason to think it will drop its appeal at this time...regardless of what the Harvard Graduate Student Council suggests.



Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations