Majority Opinion

Majority Opinion - servants which students are not than the...

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CB201 Part 1 Majority Opinion: TA’s and R.A’s are employees under the Labor Act. Students are employees within the National Labor Relations Act, Section 2(3) because the Act clearly states that the term “employee” is defined to include “any employee”. In New York University and AFL-CIO vs. NLRB the Board agreed on the Supreme Court precedents that found that graduate assistants are employees within the meaning of Section 2(3). This analysis was an interpretation of the Supreme Court’s “long support for the historic, broad and literal reading of the statute” (Brown pg.2). As the Court described in Cedars-Sinai , if the workers are not explicitly among those excluded from the definition of an “employee” such as agricultural laborers and domestic
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Unformatted text preview: servants, which students are not, than the individuals are considered “employees” (NYU, Brown—Sure-Tan). According to Cedars-Sinai the term “employee” is nothing more than an extension of the common law concept of the conventional master-servant relationship (NYU pg 2). The definition of an “employee” according to Cedars-Sinai mirrors In the New York University case, the Board argued that the students were employees within the meaning of Section 2(3) of the Act, because they carried out services “under the control and direction of the university , for which they were compensated by the university”....
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