As litigation continues between the College and the Kenyon Student Worker Organizing Committee (K-SWOC) over the organization’s National Labor Relations Board (NLRB) petition for a union certification election, the debate continues to intensify on campus.
Represented by lawyers from Joyce Goldstein & Associates, K-SWOC submitted a surreply on Dec. 3 in response to the College’s formal request to stay or dismiss its petition for an election.
In the surreply, K-SWOC reiterated the argument it presented in its original Oct. 18 countermotion that Kenyon’s student employees are statutory employees under the National Labor Relations Act (NLRA). K-SWOC also continues to reject the College’s claims that the rules of the Family Educational Rights and Privacy Act (FERPA) prevent the NLRB from enforcing the NLRA. It argued that the College is only obligated by FERPA because it voluntarily accepts federal money and that such an obligation is not a legitimate excuse. The organization also pointed out that the College has not released any worker information to the NLRB, restricted or otherwise.
“The employer cited no statute, regulation, or case law providing that FERPA supersedes or impairs the Congressional mandate that the Board enforce the NLRA according to its terms, through investigations, hearings, and elections,” the document read.
However, while K-SWOC’s legal battle continues, the debate surrounding both their activity and student work on campus is escalating.
On Saturday,...
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