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UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, CaseNo.: 02-RC-143012 Employer, and GRADUATE WORKERS OF COLUMBIA ~ GWC, UAW, Petitioner. the Higher Education Council of the Employment Law Alliance Mark Mathison Peter Jones Natasha J. Baker Meghann Kantke Bond Schoeneck & King, LLP Hirschfeld Kraemer LLP Gray Plant Mooty & Bennett P.A. One Lincoln Center 505 Montgomery Street, 13" Floor 500 IDS Center, 80 S. Eighth St. Syracuse, NY 13202-1355 San Francisco, CA 94111 Minneapolis, MN 55402 COUNSEL FOR AMICI CURAE 4899-5273-3230 IL I. Vv. TABLE OF CONTENTS Page STATEMENT OF AMICUS CURAE. INTRODUCTION .. LEGAL ARGUMENT. A ‘There is No Reasoned Justification for the Board to Modify or Overrule its Brown University Decision. a Collective Bargaining is Not Well Suited to Educational Decision- Makin, 2. Characterizing Graduate Student Assistants as Employees Under the Act Would Substantially Harm and Alter the Fundamentally ‘Academic Nature of the Relationship Between Faculty and Graduate Student Assistants B. The Board Should Continue to Apply the Rationale of Stanford To Find ‘That Certain Graduate Assistants, Such as Those Funded by External Grants, Are Not Employees Even If the Board Decides To Modify or Overrule Brown. ie ‘The Stanford Factors Include More Than Just The Receipt of Funding From External Grants... pa The Common Law Agency Test for Control Is Unworkable As Applied to Graduate Student Assistants CONCLUSION... TABLE OF AUTHORITIES Page(s) Cases Brown University, 342 NLRB 483 (2004) passim ELL, Du Pont de Nemours and Company v. NLRB, 2012 US. App. LEXIS 11604 (D.C. Cir. June 8, 2012).. Goodwill of Denver, 304 NLRB 764 (1991). Leland Stanford Junior University, 214 NLRB 621 (1974). Nationwide Mutual Insurance Company v. Darden, 503 U.S. 318 (1992).. New York University, 332 NLRB 1205 (2000) (“NYU 1.” NLRB y, Town & Country Electric, Inc. 516 USS. 85 (1995 Sheltered Workshops of San Diego, 126 NLRB 961 (1960) St. Clare’s Hospital, 229 NLRB 1000 (1977)... SraTuTES 29 U.S.C. § 158.