Community Message on Employer Retaliation Against Student Workers

Dear members of the Kenyon community, 

The Kenyon Student Worker Organizing Committee (K-SWOC/UE) wants to inform the Kenyon community that a student worker and member of our union has lost their job due to illegal employer retaliation for their participation in lawful union activities last spring. The student worker, who has elected to remain anonymous in public communications, participated in the March 16, 2021 Unfair Labor Practice strike and later struck for union recognition from April 27-May 10, 2021, both of which were legally protected strikes under the National Labor Relations Act (NLRA), the federal labor law which protects workers’ right to join a union, engage in union activities, talk about a union at work, and participate in lawful strikes. 

This year, the student worker was not rehired at their job and was never informed by their employer they were not rehired, despite the fact they indicated last spring that they would like to continue working this semester and their employer told them they would reach out when the rehiring process started this fall. Other students at this workplace who did not strike last semester were asked to continue working and open positions were never posted on Handshake, the student employment portal. Since management never told the student worker they were excluded from the rehiring process, they only recently found out from their coworkers who were rehired, and subsequently missed the opportunity to apply to different jobs at the beginning of the semester. Further, K-SWOC has been informed that management actively knew this student worker was excluded from the rehiring process and there have been coercive anti-union statements made by upper management in the department that oversees this workplace. 

The student worker in question approached K-SWOC after learning they were excluded from the rehiring process, believing that their labor rights had been violated. K-SWOC worked with the student worker to evaluate and consider a variety of options available to them, including the option of filing an Unfair Labor Practice (ULP) charge with the National Labor Relations Board with support from the union. They chose to proceed with filing charges with the support of K-SWOC. The College’s decision to not rehire a student worker who participated in legally-protected union activities violated Section 8(a)(3) of the NLRA, which prohibits an employer from “Refusing to hire or consider job applicants because of their union membership, activities, or sympathies.” The remedy for this violation is reinstatement for the affected student worker and back pay for hours missed since the violation occurred. 

Every student worker has a federally-guaranteed right to join a union and participate in lawful union activities. If student workers ever believe these rights have been violated over the course of their participation in such activities, K-SWOC has said from the beginning of our campaign that we will be there to vigorously defend them through all tools that are available to us and work to ensure that a just remedy to their violations is secured. This case is no exception. K-SWOC will support this worker in their ULP proceeding and publicly campaign for them to be reinstated with back pay, however long it takes for the College to follow the law. 

We are disheartened, but not surprised, that the labor rights of a student worker were once again violated at Kenyon, resulting in the loss of a job. Unfortunately, this case fits into a pattern of illegal employer retaliation, including coercive statements, illegal threats of discipline, hiring discrimination, and negative changes in workplace conditions. K-SWOC has informed the College multiple times last semester that potential retaliation had occurred, but the College still has not taken comprehensive steps to ensure compliance with labor law. This pattern demonstrates a disregard by the College administration and the Board of Trustees not only for the legal rights of student workers, but also for the emotional and financial impact that employer retaliation can have on students, the very people this College is charged with supporting. 

K-SWOC wants to make it clear that we believe that the administration and Board of Trustees are fundamentally responsible for this case of retaliation and others. All student workers work closely with their direct supervisors and many students, including many K-SWOC members, have positive relationships with these College faculty and staff. Joining a union is not a personal condemnation of any direct supervisory staff, but rather a recognition that student employment issues are systemic in nature and must be addressed on an institution-wide basis. Employer retaliation that has occurred in this case and others is an institutional failure by College leadership to adequately train and prepare staff on the proper conduct during a union organizing drive. There is no excuse for the actions or inaction that has now resulted in at least one student worker losing their job and the financial security that comes with it. 

K-SWOC has been publicly organizing for the past 13 months and we have consistently brought up the issue of potential retaliation. Yet, the College has not taken adequate preparations to help support supervisors to follow labor law. This is a powerful demonstration of why student workers need a union: an institution formed by us, and accountable to us, for the purpose of protecting the rights and dignity of student workers now and in the future. With a union, student workers would be protected from arbitrary discipline and termination. With a union, student workers would be guaranteed a voice in major changes in the workplace. With a union, student workers could hold the College accountable as a responsible and inclusive employer. 

To the Kenyon community: all we ask is support for this student worker and for all Kenyon student workers’ rights to join a union and engage in legal labor activity with their coworkers. One way you can do this is by sending messages of support you would like to share to the affected workers through this form. Lastly, we encourage any student workers who are concerned their rights have been violated by the College to reach out to us by email at union@kswoc.org for help. 

Sincerely,

The Kenyon Student Worker Organizing Committee