Graduate Student Unions: Private University Legalities Explored

Graduate students at private universities have long been in limbo regarding their right to unionize. In the US, public and private institutions have different authorities governing collective bargaining rights. While graduate students at public universities are considered employees and have had the right to unionize based on the labor laws of their individual states, their counterparts at private universities have not always had that protected right.

The National Labor Relations Board (NLRB) has flip-flopped multiple times over the years on graduate students' employment classification and right to unionize. In 2016, the NLRB ruled that graduate students at private universities are employees and therefore have the right to unionize and collectively bargain. However, in 2019, the NLRB proposed a new rule that graduate students are not employees, which could affect unionization efforts at private universities. The final rule has yet to be published.

The National Labor Relations Board's (NLRB) stance on graduate student unions at private universities

The National Labor Relations Board (NLRB) has had a somewhat inconsistent stance on graduate student unions at private universities.

In 2000, the NLRB, controlled by Democratic members, found that graduate students at New York University could form a union. This was the first time the NLRB had recognised graduate students at private universities as employees.

However, in 2004, the NLRB reversed this decision, ruling that graduate assistants at Brown University could not be considered employees as they are "primarily students" and have an educational, not economic, relationship with their university.

Then, in 2016, the NLRB, once again controlled by Democrats, reversed the 2004 decision, finding that graduate students at Columbia University were employees under federal labour law and had the right to unionise. The NLRB majority wrote that the 2004 ruling "deprived an entire category of workers of the protections of the Act, without a convincing justification".

In 2019, the NLRB proposed a new rule that graduate students are not employees, which could affect unionisation efforts at private universities. However, the final rule has not yet been published.

The benefits of graduate student unions

Graduate student unions are legal at private universities in the United States. In 2016, the National Labor Relations Board (NLRB) ruled that "student teaching assistants" and "student research assistants" at private universities are employees under the National Labor Relations Act (NLRA) and therefore have the right to form a union and bargain collectively.

Improved wages and benefits

Collective bargaining through graduate student unions gives graduate students more power over their employment. Unionized workers tend to be paid more than their non-unionized peers, and this wage boost is often greater for workers of colour. For example, the graduate student union at New York University (NYU) negotiated a collective bargaining agreement that included a minimum compensation rate with a general wage increase of 2% each year. Graduate student unions can also help students gain workplace protections and control over their working lives, such as caps on workload per week and protections against discrimination.

Addressing discrimination

Graduate student unions can help eliminate discrimination faced by international graduate students. For instance, the graduate student union at the University of Illinois at Chicago halved the extra fees imposed on international students. The Irvine unit of the University of California student worker union also successfully pushed to repeal a policy requiring international student workers to pay for an English-speaking test to get teaching assistant jobs.

Funding security

International graduate students often face visa restrictions that limit their working hours and locations. Graduate student unions can help secure funding increases and guarantee these increases through contracts negotiated by the union, rather than relying on the goodwill of employers.

Sense of community

Graduate student unions foster a sense of community and solidarity among graduate students, who often face feelings of isolation and alienation, especially in a new country. Union organizing can help create a supportive network of colleagues and friends.

Navigating bureaucracy

International graduate students often struggle to navigate the complex bureaucracy of universities and visa regulations. Graduate student unions can provide support and resources to help students understand their rights and obligations and make the process of navigating graduate school easier.

Graduate student unions empower students to collectively bargain for better wages, benefits, and working conditions. They also provide a platform to address issues such as discrimination, funding, and bureaucratic challenges. By uniting, graduate students can create positive change for themselves and their peers.

The challenges of graduate student unions

Graduate student unions have faced several challenges, including legal ambiguity, opposition from university administrations, and the unique dynamics of the academic labour market.

Ambiguous Legal Status

One of the most significant challenges for graduate student unions has been the ambiguous legal status of graduate students as employees. In the United States, the National Labor Relations Board (NLRB) has flip-flopped multiple times on this issue. The NLRB's rulings have direct implications for the right of graduate students to unionize, particularly at private universities.

For example, in 2000, the NLRB ruled that graduate students at New York University had the right to unionize. However, this decision was overturned in 2004, stripping private university graduate students of their right to unionize. Then, in 2016, the NLRB again ruled that graduate students at private universities are employees and have the right to unionize under the National Labor Relations Act (NLRA).

This legal ambiguity has created uncertainty and left graduate students vulnerable, especially at private universities.

Opposition from University Administrations

University administrations have often opposed graduate student unionization drives. They argue that unionization threatens academic freedom and harms the relationship between faculty and students. For instance, Columbia University, along with other elite universities, challenged the NLRB's 2016 decision and refused to bargain with the union. Yale University also fought its graduate students' unionization efforts, with some students even going on a hunger strike to protest the university's opposition.

Unique Dynamics of Academic Labour Market

The academic labour market has unique dynamics that present challenges for graduate student unions. Graduate students often have a dual role as both students and employees, which can blur the lines between their educational and employment relationships with the university. This complexity can make it difficult to negotiate fair wages and working conditions without undermining the educational mission of the university.

Additionally, graduate students are typically enrolled in their programs for a limited time, leading to high turnover rates. This can make it challenging to build and maintain strong unions, as organizing efforts may outlast the students who initiated them.

Impact of Political Appointees

The composition of the NLRB has been influenced by political appointees, which has contributed to the legal ambiguity surrounding graduate student unions. The NLRB's rulings on graduate student unionization have often reflected the political leanings of the sitting president. For example, the NLRB under President Clinton ruled in favour of unionization, while the board under President Bush reversed that decision. This political dynamic has created uncertainty and instability for graduate student unions.

The history of graduate student unions

Graduate student unionization efforts date back to the 1960s and 1970s, when activists at the University of Wisconsin–Madison negotiated the first collective bargaining agreement between student workers and university administrators. Throughout the remainder of the century, graduate labour unions became fixtures of numerous public schools. However, graduate students at private universities faced additional hurdles.

Because the National Labor Relations Act (NLRA) — which sets the rules for unionization — excludes public employees, laws concerning unionization at public schools are determined state-by-state. Private university employees fall under the discretion of the National Labor Relations Board (NLRB), which determined in the 1970s that graduate students could not be considered employees because they primarily work for learning purposes.

This changed in 2000 when the NLRB granted student organizers at New York University (NYU) the right to collective bargaining and recognition as employees. While NYU recognised its union, no other school followed suit. The NLRB is led by a five-person board whose members are appointed to five-year terms by the US president. Changing political leanings between administrations often lead to inconsistency in NLRB decisions. Four years after the NYU union received recognition, the Bush administration's NLRB reversed the decision, denying graduate students the right to unionize in a case between Brown University and campus organizers.

NYU subsequently refused to recognize its graduate student union when its contract expired in 2005. It would be nearly a decade before the unionization movement at private universities gained traction again. The NLRB's Brown decision may have dampened student organizing efforts, but dissatisfaction among graduate students persisted. Organizers at NYU once again filed a petition with the NLRB in 2010, hopeful that the Obama-appointed board members would be more sympathetic to their cause. Rather than allow the case to play out, however, NYU voluntarily recognized the union, hindering unionization efforts at other campuses by avoiding an NLRB decision.

Two years later, students at Columbia University filed another petition. In 2016, the NLRB ruled in favor of the organizers, recognizing graduate students as employees and reinstating their associated protections under the NLRA. Soon, multiple schools — including Brown, Harvard, and Georgetown — would become home to nascent unionization movements.

The process of graduate student union bargaining

Graduate student unions, also known as academic student employee unions, are labour unions that represent students who are employed by their college or university to teach classes, conduct research, and perform clerical duties.

In the US, the process of graduate student union bargaining is governed by different authorities depending on the type of institution. In public universities, state labour laws determine collective bargaining and employee recognition. In private universities, the National Labour Relations Board (NLRB) has the power to determine whether graduate students are considered employees, which would grant them collective bargaining rights.

The NLRB ruled in 2016 that graduate students at private universities are employees, setting the stage for widespread unionization efforts. This ruling was a result of a shift in the NLRB's position, as it had previously held that graduate students were not employees due to their primary purpose being education.

• Formation of the Union: Graduate students interested in forming a union will organize and elect a union representative. In some cases, graduate students may affiliate themselves with an existing union, such as the United Automobile Workers (UAW).
• Recognition by the University: The union will then seek recognition from the university administration. This may involve negotiations and legal challenges, as universities may oppose unionization on the grounds that it threatens academic freedom and harms faculty-student relationships.
• Collective Bargaining Agreement: Once the union is recognized, the union representatives will negotiate a collective bargaining agreement with the university. This agreement will outline the terms and conditions of employment for the graduate students, including wages, benefits, and working conditions.
• Ratification of the Agreement: The union members will vote to ratify the collective bargaining agreement. If the agreement is approved, it becomes a legally binding contract between the graduate students and the university.
• Implementation and Enforcement: The university and the union will work together to implement the terms of the collective bargaining agreement. This may involve establishing grievance procedures, resolving disputes, and negotiating changes to the agreement over time.

The specific details of the bargaining process may vary depending on the university and the union involved. It is important to note that graduate student union bargaining is a complex and evolving process, and the above steps may not always occur in a linear fashion.

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