On May 9, the National Labor Relations Board (NLRB) will host a conference with representatives of Kenyon College and the United Electrical, Radio and Machine Workers of America (UE) as the next step in its process to consider the legal questions raised by the union’s election petition. The petition, filed on behalf of the Kenyon Student Worker Organizing Committee (K-SWOC) on Oct. 18, 2021, seeks an election to determine if all student workers at Kenyon should be represented by the UE for the purpose of collective bargaining.
According to NLRB Region 8 Director Iva Choe, the purpose of the conference is “to address the Employer’s valid concerns about protecting student privacy and not running afoul of FERPA and the similarly valid interest of both Parties in connection with the timely processing of the petition.” Choe outlined seven procedural matters to be resolved at the conference, including how to preserve students’ federally protected right to object to the release of personal information from their educational record.
The conference will address the process and timeline for subsequent NLRB proceedings, including a full pre-election hearing, which the NLRB has required in order to consider the substantive legal questions raised by the union’s unprecedented petition. The NLRB pledged to work “diligently and creatively” with the parties to find ways to accommodate the legitimate concerns while processing the petition in a timely manner.