Supervisor “TIPS”
“TIPS” for faculty to protect student employee rights under the National Labor Relations Act
Overview
As a Cornell faculty member (tenured or non-tenured), you are a member of management in the eyes of the National Labor Relations Board (NLRB). The National Labor Relations Act (NLRA) defines a “supervisor” as “any individual having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them[.]” All supervisors must avoid conduct that runs afoul of student-employee rights. Failure to adhere to this requirement may result in an unfair labor practice against Cornell.
Employee Rights Under the NLRA
The NLRA provides employees with a right to engage in “protected concerted activity,” – i.e., group action taken by employees for mutual aid or protection regarding the terms and conditions of their employment. Supervisors cannot take disciplinary action against students who hold employment with the University for engaging in such “protected concerted activity.”
“TIPS” for Faculty Supervisors
It is imperative that supervisors avoid interference with employees’ rights to engage in “protected concerted activities” under the NLRA. Prohibited supervisor conduct can be summarized using the acronym “TIPS.”
| T | Threaten | – Threaten employees for participating in protected concerted activity, including strike preparation. – Example: Threatening to remove yourself from a dissertation committee based on the student’s union activity is unlawful. |
| I | Interrogate | – Question or debate students about union activity, including strike participation. – Example: You should not question your advisees about their positions on union issues and whether they will participate in a strike. |
| P | Promise | – Promise benefits to students if they advocate for a certain union position. – Example: You cannot promise dedicated parking or special funding to students who oppose the union. |
| S | Surveillance | – Surveil, photograph, or videotape union activity. – Example: You should not join, follow, or interact with social media pages related to the union – whether the pages are public or private. |