University declines to negotiate with
resident assistants

Refusal opens door to legal challenge

by Daniel J. Fitzgibbons, Chronicle staff

ampus officials this week notified the union representing resident assistants that the University will not participate in collective bargaining, a move that opens the door for a court challenge to the Massachusetts Labor Relations Commission ruling that undergraduates can unionize.

     In a letter to James A.W. Shaw, president of Local 2322, United Auto Workers, which represents the RAs, Associate Provost Susan Pearson said, "... [W]e believe that the [MLRC] decision ... that led to its certification of this bargaining unit represents a misapplication of the relevant state statute. We therefore, consistent with applicable procedures of the Labor Relations Commission, decline to enter into any negotiations on this matter."

     According to Labor Relations administrator Nick Marshall, state courts have consistently declined to hear appeals of union elections or certifications, so the University's options for opposing the union are limited. A refusal to bargain will raise the University challenge before the MLRC and state courts.

     The University contends that RAs are primarily students and not employees. A bargaining unit of undergraduates poses an "unfortunate and dangerous precedent," said Marshall.

     In response to the University's decision, UAW's Shaw expressed disappointment that University administrators "consider themselves above the law."

     Shaw said state law requires public employers to bargain after a successful union election conducted by the MLRC.