Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 73. The Committee last examined this case, which concerns a decision of the National Labor Relations Board (NLRB) denying graduate teaching and research assistants at private universities the right under the National Labor Relations Act (NLRA) to engage in organizing or collective bargaining, at its June 2008 meeting [see 350th Report, paras 732–805]. On that occasion, the Committee requested the Government to take the necessary steps, including legislative, if necessary, to ensure that graduate teaching and research assistants, in their capacity as workers, are not excluded from the protection of freedom of association and collective bargaining. The Committee requested to be kept informed of progress made in this respect.
2. 74. In a communication dated 8 October 2009, the Government indicates that proposed legislation was introduced in March and April 2009 in the United States Congress and that the latter would overrule the NLRB decision by adding the following wording to section 2(3) of the NLRA:
   • The term “employee” includes a student enrolled at an institution of higher education (as defined in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. §§ 1001, 1002), other than an institution of a State or political subdivision) who is performing work for remuneration at the direction of the institution, whether or not the work relates to the student’s course of study.
   • The Government adds that the bills have been referred to the appropriate committees for further consideration but have not been enacted into law yet.
3. 75. The Committee notes the information provided by the Government and requests the latter to keep it informed of progress made in this regard.