GESO presses on despite NLRB dismissal
By Ben Gray
The dismissal of the National Labor Relations Board's (NLRB) case against Yale
on behalf of the Graduate Employees and Students Organization (GESO) this
summer has left many on campus asking, "Where does GESO go from here?" While
GESO's summer defeat may have seemed definitive, the group continues to make
themselves heard on campus and appeal its case nationally.
Calling the dismissal "a set of legal events that doesn't really concern us,"
GESO chair Antony Dugdale, GRD '99, promises that the graduate student
organization will spend this year "identifying graduate concerns, and preparing
to unify and unionize." In fact, Dugdale said that the decision actually helped
GESO's drive to unionize. "By dismissing the case on the grounds that the grade
strike was a partial strike and thus not protected by labor law, the judge
implied that he recognized us as employees," Dugdale said.
At the same time, NLRB regional attorney Jonathan Kreisberg said that the NLRB
plans to appeal administrative law judge Michael Miller's decision on Sat.,
Sept. 26. If the appeal is successful, the case will return to administrative
court, where the trial would continue. Regardless of the result, Kreisberg
predicted that a lengthy appeals process will bring the case to the full
five-member NLRB board in Washington.
University lawyers are confident that the courts will continue to rule in
their favor. Deputy Director of Public Relations Tom Conroy said that he
believes that "the university will prevail throughout any appeals process."
In the meantime, GESO is working to address graduate student concerns on the
homefront. At the top of their list is preventing the implementation of last
year's Kutzinski report, a hotly debated plan that would overhaul graduate
student teaching. GESO members used a Wed., Sept. 17, "speak-out" in HGS to
voice their concerns over the report.
Other graduate students are particularly concerned about changes made this
summer reducing the maximum number of sections Part Time Acting Instructors
(PTAIs) can teach from three to two per year. GESO members fear that the summer
change represents the first steps in the implementation of the Kutzinski
report, which recommends that undergraduate classes use teaching fellows (TFs)
less often.
According to Associate Dean of the Graduate School Andrew Moore, the
Administration was concerned that teaching extra sections was "impeding the
students' research. Students were complaining that it was not clear that
[teaching more than one section per semester] was voluntary." Moore pointed out
that the policy change--which has not yet been officially implemented--was made
after months of discussion with graduate students. Moore now wants "to
gradually phase it in, and see how the changes affect students."
However, Language Caucus member Rachel Sulkes, GRD '01, tells a different
story. She labeled Moore's claim that grad students were consulted "hard to
believe," saying instead that "individual [graduate students] were not
appraised of the situation at all." In fact, according to Sulkes, many
directors of undergraduate studies in the University's language departments
were also shocked by the changes.
Furthermore, Sulkes was unaware of any students who felt coerced into teaching
three sections per year. "In the German department, we dream of getting three
sections. PTAIs wanted the valuable teaching experience and the extra income,"
she said.
Sulkes also asserted that the change in policy was an attempt to weaken GESO's
argument that grad students should be recognized as employees. "I do believe
there is a link between the language changes made and the [NLRB] court case,"
Sulkes said, noting that under the old policy, those PTAIs who taught two
sections in a semester were awarded health care from the University. "It
tacitly says, `We are going to fund you when you work more hours,' and that
makes PTAIs look like employees," weakening the University's claims that TFs
are primarily students.
Such issues will occupy GESO's time in the upcoming year. As Dugdale said,
"The NLRB trial is water under the bridge at this point. We are primarily
concerned with improving the day-to-day aspects of graduate work."
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