K-SWOC/UE NLRB Election Update

On December 3, K-SWOC, in conjunction with UE-provided legal counsel, filed a surreply with the NLRB in response to the administration's most recent motion. On November 24, 2021, the Kenyon administration filed another motion delaying a democratic election. Despite threatening a “long and expensive” hearing, the administration cited no law contradicting the legal and factual premises which are the basis for the Union’s Opposition.

For example,

• The Kenyon administration cited no statute, regulation, or case law demonstrating that FERPA supersedes or impairs the Congressional mandate that the Board enforce the NLRA pursuant to its terms, through investigations, hearings, and elections.

• The Kenyon administration cited no facts or law that its claimed obligations pursuant to FERPA arose from anything other than its wholly voluntary decision to fund itself by accepting federal funds.

• The Kenyon administration cited no legal authority undermining the current Board precedent which finds that employees of colleges and universities are statutory employees protected by the Act, even if they are also students.

Our argument, in pursuit of a democratic election amongst student workers on whether or not to form a union is as follows:

  • The Kenyon administration fails to identify anywhere in FERPA where Congress provided that FERPA supersedes or limits the powers of the NLRB to enforce its statutory mandate. Their argument therefore has no basis under current national labor law.

  • Our Opposition established that Kenyon College's student employees are statutory employees pursuant to the standard set forth in Columbia Univ., 364 NLRB No. 90 (Aug. 23, 2016). The fact that the Kenyon administration repeatedly denies that its student employees are covered by the Act does not detract from the undisputed evidence and precedent that support that they are covered.

Kenyon's repeated attempts to delay an election through baseless claims and blatant distractions are disrespectful to the entire community as a waste of time and resources. The Kenyon administration could rescind their motions at any point and end this long and expensive legal fight, that seeks to delay a free and fair democratic election.

We demand the administration halt their attempts to prevent a democratic vote. Student workers deserve better from their employer.

K-SWOC at Kenyon