University Student Assistants: State Employees Or Not?

Whether a university student assistant is a state employee or not depends on several factors. In the US, the National Labor Relations Board (NLRB) has the authority to define the term employee, and in 2016, it concluded that graduate and undergraduate teaching and research assistants are statutory employees under the National Labor Relations Act (NLRA). However, the NLRB does not have jurisdiction over state-run schools, and the definition of a state employee may vary from state to state. For example, in Minnesota, faculty, TAs, and RAs are not considered state employees, while in New York, university employees are considered state employees with different collective bargaining rights. Additionally, the source of funding for the position may play a role, as those paid directly by a state university department are more likely to be considered state employees than those paid through grants. Finally, student assistants at state universities are often temporary workers, and their employment may be contingent on their academic progression and enrollment status.

Student assistants are statutory employees

Whether a student assistant is a state employee or not depends on several factors. For instance, the source of funds is a key determinant. If a student assistant is paid by the department at a state university, they are likely a state employee. However, if they are paid through a grant, they may not be considered a state employee, although this could depend on other factors.

The type of work and the specific state also play a role in determining the employment status of student assistants. For example, in Minnesota, there is a clear distinction between "being an employee of a state university" and "being a state employee," with the former not necessarily implying the latter. Additionally, some states, like California, have specific programs and classifications for student assistants, such as the Student Assistant and Graduate Student Assistant programs, which offer temporary appointments and part-time employment during the school year.

Despite these variations, student assistants, including graduate, master's, and undergraduate student workers, teaching assistants, and research assistants, have been recognized as statutory employees by the National Labor Relations Board (NLRB). The NLRB's decision in late August 2016 concluded that these student workers are entitled to collective bargaining rights under the National Labor Relations Act (NLRA). This decision overturned a previous ruling that students could not be statutory employees due to their primary educational relationship with the university.

It is worth noting that the NLRB does not have jurisdiction over state-run schools, but its decisions can influence state labor laws, particularly in states that allow public employees to collectively bargain. As a result, student workers at some state-run schools may gain similar unionizing rights. Ultimately, the employment status of a student assistant can be complex and may depend on multiple factors, including the state, the university, the funding source, and the specific work performed.

Student assistants can be state employees in some US states

Whether a university student assistant is a state employee or not depends on the state and the university in question. For example, in Minnesota, faculty, TAs, and RAs are not considered state employees, whereas in New York, university employees are considered state employees.

In California, students can be hired as state employees through the civil service process. They are paid from temporary help funds and are entitled to sick leave, vacation, and state service credit. However, they are not considered civil servants. Student assistants in California are temporary appointments that do not exceed nine months in a 12-month period and are either occasional or part-time employment.

The National Labor Relations Board (NLRB) has also concluded that graduate and undergraduate teaching and research assistants are statutory employees under the National Labor Relations Act (NLRA) and are entitled to collective bargaining rights. This decision applies to private, nonprofit universities, as the NLRB does not have jurisdiction over state-run schools. However, many states that allow public employees to collectively bargain rely on NLRB decisions in matters of state labor law. This means that similar unionizing rights for student workers may be extended to some state-run schools as well.

Ultimately, whether a university student assistant is considered a state employee will depend on the specific state and university in question, as well as the source of funding for the position.

Student assistants can unionize and collectively bargain

The classification of student assistants as employees or students is a complex issue, with the answer varying based on the state, university, and funding source in question. However, in recent years, there has been a growing movement for student assistants, including graduate, master's, and undergraduate student workers, teaching assistants, and research assistants, to be recognized as employees with the right to unionize and collectively bargain.

In the United States, the National Labor Relations Board (NLRB) has played a pivotal role in shaping the rights of student assistants to unionize and collectively bargain. While the NLRB does not have jurisdiction over state-run schools, its decisions have influenced state labor laws and court rulings. For example, in 2016, the NLRB concluded that graduate and undergraduate teaching and research assistants at private universities were statutory employees under the National Labor Relations Act (NLRA) and entitled to collective bargaining rights. This decision overturned previous rulings, such as the Adelphi University (1972) decision, which barred the NLRA from protecting graduate students in private universities.

The recognition of student assistants as employees has been a contentious issue, with universities arguing that the work of graduate student employees is inherently intertwined with their education, and collective bargaining could disrupt the educational process. However, supporters of unionization counter that the relationship is primarily economic, pointing to the use of teaching assistants as a cost-saving measure by universities. Additionally, the Internal Revenue Service (IRS) considers the compensation of graduate student employees as wages, further supporting the argument for employee status.

The right to unionize and collectively bargain has been extended to student assistants at both public and private universities. At private universities, student assistants have successfully appealed to the NLRB to be recognized as statutory employees under the NLRA, granting them the right to unionize and collectively bargain. At public universities, the recognition of student assistants as employees varies by state, with some states explicitly including or excluding certain classes of workers as state employees. For example, in New York State, university employees are considered state employees with collective bargaining rights, while in Minnesota, TA's, RA's, and some other classes of workers are not considered state employees.

Overall, the trend towards recognizing student assistants as employees with the right to unionize and collectively bargain reflects a broader movement for labor rights and improved working conditions for graduate and undergraduate students. While there may be variations in the specifics of employment status and collective bargaining rights depending on the state and university, the momentum is in favor of granting student assistants the protections and benefits afforded to employees.

Student assistants are considered temporary workers

Whether a university student assistant is a state employee or not depends on several factors, including the state, the university, and the funding source. For example, in Minnesota, faculty, TAs, RAs, and some other classes of workers are not state employees, while in New York, university employees are considered state employees with different collective bargaining rights.

In California, students can be hired as temporary state employees through the civil service process. They are paid from temporary help funds and are eligible for benefits such as sick leave, vacation, and state service credit. However, they are not considered civil servants and are not eligible for unemployment or disability benefits.

The National Labor Relations Board (NLRB) has found that graduate, master's, and undergraduate student workers, teaching assistants, and research assistants are statutory employees under the National Labor Relations Act (NLRA) and are entitled to collective bargaining rights. This decision applies to private, nonprofit universities, as the NLRB does not have jurisdiction over state-run schools.

Student assistants and graduate student assistants in California are considered temporary workers with appointments not exceeding nine months in a 12-month period. They receive no permanent status in state service and are typically employed on a part-time or occasional basis during the school year.

Therefore, while student assistants may be considered state employees in certain contexts, they are generally treated as temporary workers without the same benefits and protections as permanent state employees.

Student assistants are paid from temporary funds

Whether a university student assistant is a state employee or not depends on several factors. These include the source of funds, the nature of the appointment, and the state in question. For example, in Minnesota, faculty, TAs, and RAs are not considered state employees, whereas in New York, university employees are considered state employees.

In California, students may be used to assist in any program or administrative area within their field of study. They can be hired as state employees and are paid from temporary funds. Student assistants in California are classified as civil service employees with temporary appointments. This means that their contracts are valid only if the state legislature appropriates sufficient funds. If not, the contract may be amended or terminated to reduce costs and prevent the displacement of permanent civil service employees.

Student assistants in California are also entitled to certain benefits, such as sick leave, vacation time, and state service credit. Their employment is based on continued enrollment in a college program, and they receive on-the-job instruction and practical experience in tasks related to their field of study.

In terms of labor rights, the National Labor Relations Board (NLRB) has found that graduate, master's, and undergraduate student workers, teaching assistants, and research assistants are not temporary workers. This decision applies to private, nonprofit universities, as the NLRB does not have jurisdiction over state-run schools. However, many states that allow public employees to collectively bargain may refer to NLRB decisions in matters of state labor law. As a result, student workers at some state-run schools may gain similar unionizing rights.

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