Graduate Employees Organization v. Illinois Educational Labor Relations Board

Illinois state law guaranteed the right to join unions and collectively bargain for certain groups of public employees, including teachers. The law explicitly excluded certain groups from this right. One of these groups was students. A group of teacher’s assistants (TAs) at the University of Illinois attempted to form a union. The union that they joined, Graduate Employees Organization, IFT/AFT, AFL-CIO (the union) (plaintiffs), appealed an order of the Illinois Educational Labor Relations Board (the board) (defendant), which dismissed the union’s request for certification and recognition as the bargaining representative for the TAs. In its decision, the board made several findings of fact related to the TAs. Among the findings were that the TAs received a monthly stipend and that their tuition and fees were waived. With some exceptions, only enrolled students were eligible for TA positions. The positions differed with respect to the nature of the work and the number of hours worked. Some TAs performed work that was related to their field of study, and some did not. The board employed the significant-connection test in its analysis, ultimately finding that there was a significant connection between employment as a TA and the student status of the TAs. The board held that all TAs, graduate assistants, and research assistants were students within the meaning of state law and consequently precluded from organizing. The union appealed the ruling.