The unions are somewhat disconcerted by the national decision of the Labor Relations Board of last week with respect to Elon University, although it was good news for the attachments on that particular campus. This is because the decision could restrict the rights of some attachments to collective bargaining by virtue of the National Labor Relations Law in the future.

At the same time, Union's advocates bear in mind that the current NLRB is something of a lame duck, with its most designated by Trump programmed to finish in summer. That means a more friendly meeting for the Union, with new members appointed by President Biden, is probably on his way. This could change the state of the attachments under the workplace once again.

The history of Elon's decision begins in 2014, when the NLRB Obama era decided in another important case, relating to the Lutheran Pacific University, which the Attachments of many private institutions could form unions because they do not really They were managerial employees. Pacific Lutheran had argued that teachers who were not holding were class managers, such as their monitoring and tenure holding counterparts. Under a long-lasting legal precedent, these tenure line teachers are not entitled to collective bargaining rights.

The Lutheran case of the Pacific was a great victory for the attached unions in private institutions Everywhere, as established by the members of the Deputy Faculty had to have majorities in various types of faculty governance committees for Be considered managers. That is not typical, since the attachments often have limited roles in the governance of the faculty.

Then, in a 2019 decision about art and design instructors at the University of Southern California, the powerful federal appeals, the court in Washington rejected the majority test element of the Attachment Management Status by Various reasons, including that it artificially divided the faculty as a whole into different groups. The Court sent the case of art attachments to the NLRB for review.

USC attachments have withdrawn their request from the NLRB. But the Board still establishes new guidelines for the attached unions last week, in the case with respect to Elon. The Board rejected the majority of the Commission established in Pacific Lutheran. However, he discovered that Elon's attachments were not managers.

'structurally included'

ELON attachments are "are not structurally included in the employer's collegial agencies," the Board said in his decision. "Consequently, they are not managerial, and we do not need to consider whether the employer's collegial agencies exercise real control or effective recommendation with respect to the areas of Consideration of the Lutheran Pacific".

For example, the Board said, from Elon's the Academic Council has 19 points, only one of which is reserved for a limited or attached term teacher. Most other seats are specifically reserved for non-righteous.

However, the decision says: "The determining factor in this case is not that the petition, for the faculty constitutes a minority in the employer's shared governance bodies; rather, according to the Evidence as a whole, the employer has not shown that they are structurally included in these bodies. "

The attached Union of Elon held the decision. Even though the attachments apparently do not have a significant participation in governance there, they can try to improve their working conditions through collective bargaining.

However, for attachments beyond Elon, the NLRB position also means something else: those who have significant roles in shared governance may not be entitled to collective bargaining rights. Therefore, the decision of the NLRB, to some extent, the participation of the attachments in shared governance against its possible job security and other working conditions collectively negotiated.

A current member of the NLRB was appointed by President Obama and president recently appointed. By Biden, following the termination of a General Council appointed by Trump


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