PARTIES; DEFINITIONS; WHO IS AN EMPLOYEE? (SEE 502 AND 1309) – Students
Single Topic for Decision 1301H
Full Decision Text (click on the link to view): Full Text
200.03000 – Students
With regard to GSIs, readers, special readers and tutors, the ALJ finds that employment in these positions is contingent on student status. The parties offer no exceptions to this finding, which the Board adopts as its own conclusion; p. 22. It is clear from the record that students employed in remedial tutor and part-time learning skills counselor positions were given employment preference because of their student status. While some non-students may be placed in these positions, under the approach adopted by the Board in UC San Diego the employment of students in these positions is clearly contingent on their status as students; p. 23. The services provided by students employed in these positions are related to their educational objectives. While employment in the disputed positions contributes to the accomplishment of educational objectives, it is not vital to achieving them. It can not be concluded from the evidence that students deprived of the opportunity for employment in these positions would fail to achieve their educational objectives. Instead, it is reasonable to conclude that affected students would find other means to accomplish those objectives, as do the many students who currently do not serve in the positions in dispute in this case. Conversely, the services performed by the student academic employees in dispute are vital to the University and must be performed without regard to whether they provide any educational benefit to student employees; p. 25. Coverage by HEERA can not and will not be allowed to undercut academic policies, selection processes for academic apprentice positions and the role of the academic senate. Board concludes HEERA coverage for these student employees would further the purposes of HEERA.