Common Law Agency Test
Under Section 2(3) of the National Labor Relations Act, an individual is an employee if they perform services for another under the other's control and in exchange for consideration. The ruling confirms that RA duty rotas, incident logs, and dormitory policy enforcement satisfy control.
Dual Status: Student vs. Employee
Universities historically argued RAs hold primarily educational mentorship roles. The NLRB regional determination establishes that student enrollment does not preclude statutory protection when economic compensation and mandatory responsibilities exist.
Bargaining Scope & Timeline
Following this regional director's decision, an election order issues unless stayed by the full Board in Washington. Subsequent collective bargaining agreement negotiations for private higher-education peer units average 7 to 9 months.