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Student Assistants

This NPRM was withdrawn on March 15, 2021. 86 FR 14297.

The National Labor Relations Board is engaged in rulemaking to establish the standard for determining whether students who perform services at a private college or university in connection with their studies are “employees” within the meaning of Section 2(3) of the National Labor Relations Act (29 U.S.C. § 152(3)).

Latham, Newyork

In March 2013, employees of S.W. Pitts Hose Company of Latham, N.Y., Inc. (Employer) voted to be represented by Local 4924, Colonie Professional Firefighters Association, International Association of Firefighters (Union).Over the course of the next several months, the Employer actively refused to bargain in good faith, illegally and unilaterally changed terms and conditions of employment, unlawfully fired two employees for Union involvement, and restricted employees’ rights.

West Coxsackie, Newyork

In May 2013, the drivers at Hogan Transports, Inc. (Employer), a trucking company, began a union organizing campaign at their workplace in West Coxsakie, New York, with the assistance of Teamsters, Local 294, International Brotherhood of Teamsters (the Union). A majority of employees signed union authorization cards and the Union filed a petition and sought to become the bargaining representative for the workers. The Employer responded by threatening employees with job loss, questioning employees about their union support, promising and granting wage increases, and discharging a pro-union employee.

Old Saybrook, Connecticut

In September 2011, employees at First Student, Inc, a company that provided local school bus transportation services, chose the United Food and Commercial Workers Union, Local 1459 (Union) to be their exclusive collective bargaining representative. The Union is to hold that status until August, 2015. However, in July of 2013, M&J Bus, Inc. (the Employer) assumed First Student's public school bus transportation functions. Since the operations of the business were basically unchanged, in fact keeping most of the same employees, M&J is obligated to bargain with the Union as a successor employer.

OSWEGO, Newyork

Employees at a Novelis Corporation (Employer) fabrication plant were dissatisfied with pending policy changes adversely affecting their holiday pay and overtime pay. The employees sought union representation to collectively bargain with the Employer. During the representation election campaign, the NLRB received reports that the Employer violated Federal labor law. The NLRB undertook an investigation and found evidence that the Employer threatened employees with plant closure, job loss, a reduction in wages, and mandatory overtime if they voted for the Union.