UPenn RAs win right to union election, September 27-28
Penn RAs march to demand a union election, March 2023
FOR IMMEDIATE RELEASE
Wednesday August 23, 2023
Scott Williams, Office and Professional Employees International Union, Local 153
swilliams@opeiu-tristate.org
unitedrasatpenn@gmail.com
(919) 794-1429
Philadelphia, PA – August 21st, 2023 - The United RAs at Penn celebrate a significant victory as the National Labor Relations Board (NLRB) affirms their right to unionize. This decision comes after the University of Pennsylvania refused to recognize Resident Advisors' status as employees and challenged their supermajority-backed petition for a union election. With the decision, the NLRB has directed a secret ballot union election to be held on September 27th and 28th.
The Resident Advisors and Graduate Resident Advisors (RAs/GRAs) went public with their unionization efforts in March of 2023, efforts that have since been met with resistance and union-busting activity from the University administration. Rather than voluntarily recognizing the union or agreeing to an anonymous election for RAs to voice their stance on unionization, the University embarked on a five-month legal challenge that has ultimately served as a delay tactic. Of note, the University was represented in the hearing by union-busting law firm, Cozen O’Connor who according to their website “help employers avoid unionization” and “manage labor relations with a clear eye toward the bottom line”. The law firm donated at least $135,000 to Republican committees and politicians in just the recent midterm elections alone, documented in publicly available campaign finance disclosures.
In the April hearing on which this decision is based, the University presented multiple arguments, attempting to challenge the RAs' right to unionize based on their status as students and the nature of their compensation. The NLRB’s Acting Regional Director presiding over this case, Emily DeSa, systematically dismantled the University’s arguments. Among the long list of the University’s faulty arguments, all of which were rejected by the NLRB, the employer claimed that RAs are “student leaders” not employees but also temporary employees, that they are not compensated, and that the Board doesn’t have jurisdiction over RAs because of Family Education Rights and Privacy Act (FERPA) restrictions. Here's a breakdown of the key points where the NLRB rejected the University’s challenge:
RAs are workers. RAs are student workers who have been hired by the University to live in a College House and provide counseling, academic support, supervision and activities for student residents to which. The decision sides with RAs and emphasizes “it cannot reasonably be disputed that the RAs perform services for the Employer.” While the RAs receive a limited meal plan and housing accommodations, they receive these benefits as a form of compensation that RAs have the right to collectively bargain for. The Regional Director confirms "the RAs clearly receive “other compensation” in the form of free single-occupancy housing and meal plan benefits... benefits valued at more than $15,000 per year for their services." The University also disputes their right to control RAs in a position as an employer, but the NLRB calls this “unconvincing.” The Board responded that “while the RAs unquestionably have a student relationship with the Employer, they also have a coextensive employee relationship with the Employer.” In a last ditch effort to prevent RAs’ right to unionize and block NLRB jurisdiction, the administration argued that collective bargaining conflicts with financial aid determinations, academic standard setting, the educational environment, and would require employee verifications. The NLRB categorically rejects these arguments, and on six occasions, the decision declares that “The Employer offers no legal support for this argument.” The Regional Director's decision underscores the RAs' status as employees under the National Labor Relations Act, paving the way for their unionization efforts.
“Today's decision by the NLRB is a testament to the hard work and dedication of the Resident Advisors at Penn. Their commitment to ensuring a fair and just workplace is commendable. This decision reaffirms their rights as workers and sets a precedent for other student workers across the nation,” said Scott Williams, representative of United RAs at Penn with OPEIU Local 153.
The decision has been welcomed by RAs and their supporters, who have long argued for their rights to fair compensation and representation. They believe that this decision will pave the way for improved working conditions and a more democratic workplace.
“As a Resident Advisor, I've always believed in our right to unionize. This decision validates our efforts and recognizes the value we bring to the University. We look forward to continuing our efforts to ensure a fair and just workplace for all RAs,” commented Madeleine Riley, a Resident Advisor at the University of Pennsylvania.
While this decision presented a significant win for Resident Advisors, URAP expects continued opposition and resistance to their organizing. Just last week, the Office and Professional Employees International Union (OPEIU), Local 153 filed an unfair labor practice charge with the NLRB after College Houses and Academic Services (CHAS) sent an email to RAs claiming that House Directors could not make job improvements with ongoing union activity. This claim is patently false and a violation of federal labor law under the National Labor Relations Act (NLRA).
United RAs at Penn are now calling upon the University administration to respect the decision of the NLRB and once again pledge to remain neutral in their efforts to unionize. They believe that this decision is not just a win for them, but for all student workers who strive for fair representation and compensation.