January 9, 2017
Dear fellow members of the Columbia community:
Last month, after an election to determine whether Columbia’s research and teaching assistants will be represented by the United Auto Workers, the University formally asked the National Labor Relations Board to examine whether certain actions by union representatives and Board agents responsible for supervising the election improperly affected the election outcome. I am writing to explain why we did so.
All of us have chosen to be part of this community because we value different viewpoints and believe that individual rights matter. Actions that could intimidate voters or create the impression of surveillance, such as installing a camera operated by union supporters just steps from the polling place in Earl Hall, are inconsistent with these basic values and violate NLRB election rules. In addition, the NLRB Regional Office’s reversal regarding the presentation of identification at the polls (first requiring, then encouraging, then ultimately not even allowing poll watchers to request IDs), not only created confusion but had the likely effect of allowing ineligible voters to vote, while forcing eligible voters to cast challenged ballots. Students arrived at Earl Hall only to be told that their names already had been checked off as having voted there.
If there were a means to protect voters’ rights and compliance with NLRB rules without filing objections with the NLRB, or, for that matter, if students troubled by these violations and others during the election were able to raise their concerns directly with the NLRB, we could have considered a different course. However, those alternatives do not exist: Under the National Labor Relations Act, our filing of objections is the sole available recourse for ensuring compliance with rules governing the election and to speak on behalf of student voters who have no independent voice in the process. The NLRB has responded to our filing by recognizing that the objections we raised, “if true, could have affected the outcome of the election and would, therefore, warrant setting aside the election.” The Board has scheduled a hearing in this matter later in the month.
I want to be clear that the University has taken this action mindful of concerns that extend beyond the outcome of last month’s election and the manner in which it was conducted. Our academic community may be operating within a new and very different framework for engaging with research and teaching assistants and for preparing them to have careers as scholars, the latter being one of our core functions as a university. That new framework would be governed by federal law and by the National Labor Relations Board.
In this setting, the prevailing rules must be scrupulously observed by all parties if we are to reach fair outcomes and effectively support all of our teaching and research assistants. As I said on many occasions before and after last month’s election, we will continue to strive so that Columbia remains a place where every student can achieve the highest levels of intellectual accomplishment and personal fulfillment. The actions taken by the University since the election should be understood as consistent with, and essential to that commitment.
John H. Coatsworth