Savanna Hoffman
Graduate student unions have been a topic of debate for many years, with students arguing for better pay, benefits, and working conditions. In 2016, the National Labor Relations Board (NLRB) ruled that graduate students at private universities are employees, setting the stage for unionization efforts at elite institutions. This decision was met with opposition from university administrators and associations, who argued that unionization threatens academic freedom and harms faculty-student relationships. Despite this, graduate student unions have gained momentum, with an increasing number of graduate students seeking to unionize and fight for their rights at private universities. However, the Trump administration's NLRB proposed a rule to deprive graduate students at private universities of their rights to organize and collectively bargain, creating uncertainty for graduate student unions in the future.
| Characteristics | Values |
|---|---|
| Graduate student unions legal status at private universities | In 2016, the National Labor Relations Board (NLRB) ruled that graduate students at private universities are employees, giving them the right to unionize. However, this ruling has faced opposition and legal challenges from university administrators and associations, and there are concerns that it may be reversed under certain administrations. |
| Reasons for unionization | Graduate students seek better wages, working conditions, benefits, and protection from excessive workloads, discrimination, and harassment. They also want a say in grievance procedures and redress for wrongdoings. |
| Unionization impact | Unionization has led to improved pay, benefits, and workload protections for graduate students. It has also resulted in collective bargaining at various universities, with unions negotiating contracts covering wages, parental leave, healthcare, and childcare. |
| Opposition to unionization | University administrators and associations oppose unionization, arguing that it threatens academic freedom and harms the relationship between faculty and students. They also claim that it will harm the educational process. |
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What You'll Learn
Graduate students as employees
Graduate students have increasingly taken on the role of employees within universities, with a rise in those performing teaching and research duties. In 2011-2012, 12.1% of all graduate students and 57.9% of non-education PhD students worked as graduate student assistants. This is a notable increase when compared to the growth of tenured and tenure-track faculty, which rose by just 4.8% between 2005 and 2015.
Graduate students have also seen their workloads increase due to universities transferring instruction tasks from tenured staff to graduate students as a cost-saving measure. This, combined with increased tuition fees, a higher cost of living, and poor job opportunities, has led to a shift in perception among graduate students, who now see themselves as employees and are turning to unionization to demand better pay and benefits.
In 2000, the National Labor Relations Board (NLRB) ruled for the first time that graduate students at private universities were considered employees and thus protected by the NLRA. This decision was reversed in 2004, with the NLRB ruling that graduate students in private universities are not considered employees. However, in 2016, the NLRB again overturned its previous decision, ruling that graduate students at private universities are employees and have the right to unionize. This ruling set the stage for unionization efforts at several prestigious universities, including Columbia, Harvard, and Yale.
Despite opposition from university administrators and associations, who argue that unionization threatens academic freedom and harms faculty-student relationships, graduate student unionization has gained momentum. As of 2023, there are at least 156 graduate student employee unions in the US and 23 in Canada, with an estimated 83,050 unionized student employees in certified bargaining units in the US as of 2019.
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Unionization efforts
In 2016, the National Labor Relations Board (NLRB) ruled that graduate students at private universities are considered employees, granting them the right to unionize under the National Labor Relations Act. This ruling set the stage for unionization efforts at several prestigious private institutions, including Columbia, Harvard, Yale, and others.
The success of unionization drives varies across different universities. For example, while NYU's graduate student unionization efforts succeeded, Cornell's did not. Graduate students at the University of Massachusetts Boston, Oregon State University, Michigan State University, Temple University, and the University of Rhode Island also unionized in the early 2000s.
Unionized graduate students have achieved improved pay and benefits, including increased wages, protections from unfair workloads, and support for families. For instance, the Harvard Graduate Student Union (HGSU-UAW) secured a 2.8% raise in 2020 and a 15% raise over four years in 2021, outpacing non-union employees. They also established protections against excessive workloads, harassment, discrimination, and unjust disciplining of workers.
Despite the growing momentum for unionization, there has also been opposition from university administrators and associations, who argue that unionization threatens academic freedom and harms the relationship between faculty and students. Additionally, the Trump administration's National Labor Relations Board proposed a rule to deprive graduate students at private universities of their rights to organize and collectively bargain, which may impact the future landscape of graduate student unionization.
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Legal challenges and opposition
Graduate student unions have faced significant legal challenges and opposition, particularly at private universities. The right to unionize and collectively bargain has been a contentious issue, with universities and their administrations often opposing unionization efforts.
In the United States, the National Labor Relations Board (NLRB) plays a crucial role in determining the legality of graduate student unions at private universities. The NLRB has historically gone back and forth on the issue, with its decisions shifting over time. In 2000, the NLRB ruled that graduate students at private universities were considered employees under the National Labor Relations Act (NLRA), thus granting them the right to unionize. However, this decision was reversed in 2004, when the NLRB ruled that graduate students in private universities were not employees and did not have the right to collective bargaining.
The NLRB's decision in 2016 marked a significant shift, as it ruled that graduate students at private universities were indeed employees, setting the stage for widespread unionization efforts. This decision was met with opposition from university administrators and associations, who argued that unionization threatened academic freedom and harmed the relationship between faculty and students. Despite these concerns, graduate students at prestigious private universities such as Columbia, Harvard, and Yale have sought to unionize and negotiate for better wages and working conditions.
The Trump administration's NLRB proposed a rule in 2018 that threatened to deprive graduate student assistants and other student employees at private universities of their rights to organize and collectively bargain. This proposal was strongly opposed by graduate students and worker advocates, who argued that it ignored the integral role of graduate teaching assistants in the modern academic workforce. The COVID-19 pandemic also brought new challenges, with graduate students facing increased precarity and universities facing budget cuts, leading to concerns about the impact on graduate student workers and their unions.
Overall, the legal landscape for graduate student unions at private universities has been complex and dynamic, with graduate students facing opposition from universities and fluctuating legal support for their unionization efforts.
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Benefits of unionization
Graduate student employee unionization refers to labor unions that represent students who are employed by their college or university to teach classes, conduct research, and perform clerical duties.
Unionization efforts have been gaining momentum among graduate students, particularly in private universities, as they seek to exercise their rights to organize and join unions. This trend is driven by several benefits that unionization can bring to graduate students:
Improved Salaries and Benefits
Graduate students often unionize to negotiate for higher salaries and improved benefits, such as increased stipends, healthcare coverage, and leave benefits. Unionized graduate students at Temple University, for example, successfully demanded higher wages, increased healthcare coverage, and enhanced leave benefits. Similarly, graduate students at the University of California, Berkeley, went on strike to demand higher salaries and additional benefits, resulting in an agreement with the university.
Better Working Conditions
Unionization also empowers graduate students to advocate for better working conditions. For instance, the Student Workers of Columbia (SWC) secured an agreement with the university that included increased childcare support and access to mediation for harassment claims, improving their overall working environment.
Collective Bargaining Rights
Unionization grants graduate students collective bargaining rights, enabling them to negotiate contracts and agreements with their universities collectively. This collective power enhances their ability to influence university policies and decisions that affect their employment.
Legal Protection and Support
By unionizing, graduate students gain access to legal support and resources. This support is particularly valuable when navigating employment-related issues, ensuring that their rights as employees are protected and enforced.
Networking Opportunities
Unionization provides graduate students with networking opportunities, both within their own universities and across institutions. This networking can foster a sense of community and solidarity among graduate students, as well as open doors to potential collaborations or future career prospects.
While graduate student employee unionization offers these advantages, it is important to note that unionization efforts may face opposition from university administrators and associations, who argue that it may negatively impact the academic freedom of institutions and the relationship between faculty and students. However, research suggests that unionization does not necessarily harm these aspects of academic life.
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Impact on academic freedom
Graduate student employee unions, or academic student employee unions, represent students who are employed by their college or university to teach classes, conduct research, and perform clerical duties. In 2014, there were at least 33 US graduate employee unions, 18 of which were unrecognized. By 2019, the number of unionized student employees in certified bargaining units in the US rose to 83,050. As of 2023, there are at least 156 US graduate student employee unions.
In private universities, the National Labor Relations Board (NLRB) has the power to determine whether graduate students are considered employees, which would grant them collective bargaining rights. In 2000, the NLRB ruled that graduate students at private universities were considered employees, thus granting them protection under the NLRA. However, in 2004, the NLRB reversed this decision, stripping private university graduate students of their right to unionize.
In 2016, the NLRB once again ruled that graduate students at private universities are employees, paving the way for unionization efforts at prestigious institutions. This decision was based on the broad definition of "employee" under the NLRA, which includes those who perform work directed by the university and receive compensation.
Despite the growing momentum for graduate student unions, some university administrators and associations have opposed unionization on their campuses, arguing that it threatens academic freedom and harms faculty-student relationships. They believe that unionization could impede the educational process and the academic freedoms of the university.
However, research suggests that unionization does not negatively impact academic freedom. Evidence from graduate student workers and faculty at public universities indicates that unionization does not harm faculty-student relationships or academic freedom. In fact, union-represented graduate student employees at public universities report higher levels of personal and professional support compared to their non-unionized counterparts.
Graduate student unions can also positively impact academic freedom. Given their unique position, graduate students are well-placed to advocate for meaningful academic freedom for the entire higher education teaching corps. Victories for graduate employee unions can translate into successes for all sectors of the academy.
In conclusion, while there are concerns about the impact of graduate student unions on academic freedom, evidence suggests that unionization does not impede academic freedom in higher education institutions. Instead, graduate student unions can enhance academic freedom and provide a platform for graduate students to secure better working conditions and support.
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Frequently asked questions
Yes, in 2016, the National Labor Relations Board (NLRB) ruled that graduate students at private universities are employees, which gives them the right to form unions and collectively bargain.
Graduate student unions can help improve pay and benefits, protect against excessive workloads, and provide support for families. They can also help protect against discrimination, harassment, and unjust disciplining of workers.
University administrators and associations have argued that graduate student unions threaten academic freedom and harm the relationship between faculty and students. There is also a risk that universities may win their legal fight to dismantle student unions, leaving students with less protection.
Graduate students at a private university must first determine if they are considered employees by the NLRB. If they are, they can then take steps to organize and form a union, which may involve working with a regional labor board or an existing union.
