Labor in Illinois

Week of July 12, 2007

NLRB Rules Graduate Research Assistants Can Unionize

In two decisions, the National Labor Relations Board ruled that graduate students who are funded by university-related research foundations, rather than the university itself, are entitled to unionize. Both recent cases occurred in New York. In the first decision, the board ruled 2-1 that research assistants employed by the Research Foundation of the State University of New York had the right to unionize. In a second ruling, the board decided that research assistants employed by a similar foundation at the City University of New York were employees under the NLRA. Not only is a union seeking to organize its research assistants entitled to proceed. The decision now allows the NLRB to count ballots in unionization votes cast by Research Foundation employees dating back to March 2002 in Albany, April 2003 in Buffalo and March 2004 in Syracuse. NLRB chairman Robert Battista dissented from the SUNY decision but affirmed the CUNY decision. In the first case, he upheld the precedent of distinguishing between students and workers, and held that SUNY research assistants were primarily students because their work directly impacted their receipt of a degree. Meanwhile, Battista concurred with his colleagues on the CUNY case, holding that because these research assistants worked on an hourly basis and on different campuses, their relationship with their employer was primarily economic and not educational. – Daily Labor Report (12 July 2007): AA-1.

Dana and Unions Reach Agreement, Private Equity Firm Agrees to Funding

The Dana Corporation reached new labor agreements with the United Auto Workers and United Steelworkers. The corporation will replace responsibility for providing health care for retirees and long-term disability coverage for other employees with union-run Voluntary Employees’ Beneficiary Association trusts. The private equity firm Centerbridge Capital agreed to invest up to $500 to fund upstart trust.—Labor Relation Week (12 July 2007): 989.

China Passes New Labor Contract Law

Enacted by the Standing Committee of the National People’s Congress, new labor legislation in China requires employers to provide written contracts to their workers and restrict the use of temporary laborers. The legislation also makes it more difficult to lay off employees. The All-China Federation of Trade Unions, a Communist or state labor trust, endeavors to undermine the abuses of migrant and temporary workers in booming sectors. The law empowers company-based bargaining units to negotiate with employee representation committees over salaries, bonuses, training and other work-related benefits and duties. The law took no stand on wage or benefit minimums. – New York Times (30 June 2007)

Firefighters Union Outsts President for Disobeying Constitution

Chicago Firefighters Union Local 2 ousted its president, John Chwarzynski, for abusing his office. Eleven members of his union filed charges of misconduct against him for, among other charges: extorting union funds for a fancy dinner for two, and receiving a reimbursement for attending a conference for longer than he actually stayed. – Chicago Suntimes (12 July 2007)

IUE-CWA and UE Ratify Four-Year Contracts with General Electric

The International Union of Electrical Workers (affiliate of the Communications Workers of America) and the United Electrical Workers, which together represents about 14,000 General Electric employees, ratified a new contract. Terms of the contract have been offered to nine other unions that also represent GE workers, which include: the United Auto Workers, the International Association of Machinists, the International Brotherhood of Electrical Workers, the International Federation of Professional and Technical Engineers, the United Steelworkers, the Sheet Metal Workers, International Brotherhood of Teamsters, the United Association of Journeymen and Apprentices, and the Service Employees International Union. – Daily Labor Report (29 June 2007): A-1.

Transportation and Metal Workers’ Unions Merge

The United Transportation Union (UTU) and the Sheet Metal Workers International Association (SMWIA) have combined to form the 230,000-member International Association of Sheet Metal, Air, Rail and Transportation Workers. SMART would bolster the number of policy holders within the United Transportation Union Insurance Association, but it would remain autonomous. – Fox Valley Labor News (14 June 2007): 14.