Received: from weber.ucsd.edu (weber.ucsd.edu [132.239.147.2]) by csf.Colorado.EDU (8.7.6/8.7.3/CNS-4.0p) with ESMTP id UAA05116 for ; Mon, 25 Nov 1996 20:39:28 -0700 (MST) Received: (from lmiller@localhost on ttyv2) by weber.ucsd.edu (8.7.5/8.7.3) id TAA15897 for socgrad@csf.colorado.edu; Mon, 25 Nov 1996 19:39:27 -0800 (PST) From: Laura Miller Message-Id: <199611260339.TAA15897@weber.ucsd.edu> Subject: Re: NLRB decision re: Yale TAs (fwd) To: socgrad@csf.colorado.edu Date: Mon, 25 Nov 1996 19:39:26 -0800 (PST) MIME-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit > > ------------------------------------------------------------------------------- > >From timd@LAGUNA.EPCC.EDU Mon Nov 25 15:40:49 1996 > Date: Mon, 25 Nov 1996 15:40:38 -0600 (MDT) > From: timd@LAGUNA.EPCC.EDU > Subject: NRLB decision re: Yale TAs (fwd) > To: socgrad@csf.colorado.edu > > Fellow soc. grad. students, > > Thought you all might find this interesting, relevant, and perhaps even > useful. > > ---------- Forwarded message ---------- > Date: Thu, 21 Nov 1996 02:37:32 -0600 > From: Brodie Dollinger > To: Multiple recipients of list NATLCONG > Subject: press release on NRLB decision re: Yale TAs (fwd) > > For all those concerned with the legal status of acamedic employees, > > For those who haven't heard, I thought you might be interested in the > latest development concerning last year's strike by TA's at Yale. The > NRLB has determined that the TA's were legit employees and that the > intimidation tactics of the Yale administration were illegal. This is a > landmark ruling for the legal rights of academic employees everywhere. > A letter and press release on the subject follows. > > Brodie Dollinger > Acting NAPGS Employment Concerns Coordinator > > ---------- Forwarded message ---------- > Date: Tue, 19 Nov 1996 21:28:27 -0500 > From: Glafer@aol.com > Subject: Yale TAs Win Federal Govt Support > > To all supporters of the Yale TA strike: > > I am thrilled to report that we have been informed by the National > Labor Relations Board that the General Counsel of the Board has > decided to issue a complaint charging Yale with violating federal > labor law for the threats made against participants in last winter's > grade strike. In the course of making this decision, the General > Counsel first had to decide that Yale TAs are legally defined as > employees under federal labor law. This is obviously a > tremendous vindication for everyone who stuck it out during those > long dark winter days of threats and fear, and it is great to think > that future TA's will never have to face that type of repression > again. Beyond this, this decision reverses 20 years of ambiguity in > federal labor law, establishing the right to organize for TA's at > private universities across the country. > > Even if the grade strike had not accomplished anything else, to have > achieved this right as a national precedent is a victory I think we > all will always cherish. > > We are still waiting to hear whether Yale will settle this complaint > voluntarily -- which will probably mean paying back pay to TAs who > were fired, writing supportive letters for anyone who was > blacklisted, and posting "Notices to Employees" throughout the campus > acknowledging that it is illegal to threaten to expel, suspend, > discipline, blacklist, demote, fire or in any other way threaten TAs > for participating in a strike. We hope, but don't expect, that the > administration will voluntarily settle this case and accept > the General Counsel's decision to accord full employee rights to TAs. > If Yale chooses instead to fight this, we may have another couple of > years of litigation. Although this litigation could go in either > direction, we are extremely encouraged by the fact that this decision > comes from the General Counsel of the NLRB, the highest advisory > expert on labor law in the country. > > I want to take this opportunity to once again thank everyone who > offered their support to the TAs on strike here. I know that we would > never have gotten this decision without TA's having the courage to > remain on strike in the face of escalating threats, and I know that > the ability to persevere on that path was tremendously strengthened by > the outpouring of support we received from academics across the globe. > > Again, thanks very much to all of you -- > > Gordon Lafer, > Research Director, Federation of University Employees at Yale > > Following is the text of today's press release: > > > GOVERNMENT TO CHARGE YALE WITH ILLEGAL INTIMIDATION OF GRADUATE > TEACHERS > > LANDMARK DECISION POINTS TO FULL EMPLOYEE RIGHTS FOR TEACHING > ASSISTANTS > > PAVES THE WAY FOR NATIONWIDE UNIONIZATION DRIVE ON PRIVATE CAMPUSES > > The National Labor Relations Board has notified Yale University of its > intention to issue a complaint charging the University with violating > federal labor law in its treatment of Yale graduate teachers engaged > in a strike for union recognition. During last winter's strike, Yale > administrators threatened strike participants with reprisals > including a ban on future teaching, academic discipline, negative > letters of recommendation, and expulsion. After nearly a year of > investigation, the General Counsel of the NLRB has concluded that > these actions constituted illegal acts of intimidation and coercion. > > As part of this finding, the General Counsel has determined that Yale > teaching assistants are employees under federal law and have full > rights to collective bargaining. For years, administrators at Yale > and elsewhere have argued that graduate teachers are primarily > students and therefore have no right to unionize. The General > Counsel's decision definitively rejects this argument. In so doing, > the decision opens the way for an increase in union organizing > activities among teaching assistants at universities across the > nation. > > Both Yale officials and the Graduate Employees and Students > Organization (GESO) were notified of the General Counsel's intention > to issue a complaint late last week. Yale has a short period in > which to comply voluntarily -- paying back pay to teachers who lost > their jobs, and posting "Notices to Employees" acknowledging that it > is illegal for the university to fire, demote, expel, blacklist, or > threaten graduate teachers engaged in strike actions -- in order to > avoid facing formal proceedings. > > At a press conference held at 12:30 this afternoon in the First and > Summerfield United Methodist Church in New Haven, the decision was > hailed as a turning point in the unionization efforts of graduate > teachers around the country, and as a critical defense of academic > freedom for both professors and graduate students facing anti-union > administrators. > > "We are witnessing labor history in the making," stated Yale labor > historian Prof. David Montgomery. "Universities across the country > have come to rely more and more on both teaching assistants and > adjunct professors as part-time workers carrying out more and more of > the teaching responsibilities. This decision puts the protection of > the law securely behind their efforts to improve their conditions, > and that should improve the security of everyone in the academy." > > New York University graduate student Dan Bender suggested that the > Board's announcement might open the way for a new wave of unionization > drives at other schools. "Graduate students at many other > universities have in the past been discouraged by the lack of legal > protection. All of that is changed now. Everyone has been watching > Yale. Graduate students at NYU and elsewhere have been very concerned > about work conditions in the academy. This decision opens the way > for us to consider unionization as a real option." > > "We're elated," said GESO Chair Robin Brown. "This is a tremendous > vindication for our members who stood up to unprecedented threats in > order to demand the most basic of democratic rights. Even more, we > are thrilled that this decision clears the way for TAs around the > country to pursue organizing drives of their own. The General > Counsel's decision reflects what we ourselves have known all along -- > that the work of graduate instructors is the same as that of any > other teacher, and the fact that we're also enrolled in PhD programs > is no excuse to deny us the rights which all other employees > enjoy. If nothing else came out of the grade strike, to have won > this right is an achievement we will always be proud of." > > Buju Dasgupta, a Psychology graduate student and one of three elected > leaders of the union who were singled out for special punishment last > winter, was threatened with expulsion for participating in the strike. > "I think this shows that Yale is not above the law," she stated. > "With this decision, I hope that no graduate teacher at any school > will ever again have to go through what we went through last year." > > Chris Cobb, a graduate instructor in the English department, was > fired for participating in the strike. "Yale's threats scared many > teachers lst year. Now, whatever individual graduate students feel > about unionization, they will be able to make this decision based on > their personal conviction ratherthan their fear of coercion." > > Labor Law Professor Karl Klare of the Northeastern University Law > School was one of twelve law faculty who issued a statement during the > strike warning that Yale's tactics may be illegal. "I am very > pleased that the NLRB's General Counsel has determined to proceed in > this case to establish, once and for all, the basic right of the > graduate teaching staff to bargaining collectively." > > Harvard Law Professor Duncan Kennedy called on Yale to avoid further > conflict with its graduate teaching staff. "After all the conflict > that Yale has been through, I believe that this is a time for the > University to reach an amicable agreement with its graduate students, > rather than continue a costly and probably futile fight against them. > The nation's highest expert on labor law has reviewed the facts of > this case and reached the conclusion that Yale TA's are entitled to > the full rights all employees enjoy under the law -- including the > right to collective bargaining. Both morally and legally, the > Levin Administration has a golden opportunity to turn over a new leaf > by voluntarily settling this case, and by accepting in good faith the > rights of its graduate teaching employees. I sincerely hope that Yale > will seize this opportunity." > > _____________________________________________________________________________ > NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS > *** *** > *** This message sent on the NAGPS-OFFICERS E-mail list. *** > *** All material sent or received on this E-mail list is CONFIDENTIAL. *** > *** Release or publication of material circulated on this list requires *** > *** consent of President of NAGPS. *** > *** *** > NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS * NAGPS > >