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The NLRA governs what actions companies can and cannot take in response to protected labor bargaining actions such as a strike. It's currently unclear whether T
by nightpool 4y ago
The NLRA governs what actions companies can and cannot take in response to protected labor bargaining actions such as a strike. It's currently unclear whether TU, as a "state-related" semi-public school is covered under the NLRA like any private school or business would be. If it's not, it would be subject to regulation under Pennsylvania Labor Relations Act, which covers public employees in Pennsylvania and seems to follow the national law closely.
In this case, withholding tuition remission for the entire semester simply for participating in a strike action for a small part of that semester would almost certainly count as unfair retaliation, since it goes well above and beyond withholding payroll for work missed during the strike.
- IG_Semmelweiss 4y agoI don't think you are correct. I think tuition remission is part of their overall W2 compensation - as noncash compensation, similar to what would be for RSUs, Merch, etc and other fringe benefits employers provide. Arguing otherwise would make it seem that an employer can only withhold a prorata portion of an RSU award during a strike period, but that on its face seem wrong. I think the law allows for all comp on its tracks during the strike, regardless of the period covered. If its comp, its table stakes for doing a strike. There's nothing preventing the university to re-establish the fringe benefits once the strike is over (but of course, the limitations on not being able to register matter now, not in 2 months).