Graduate Students: Public University State Employees Or Not?

The classification of graduate students at public universities as state employees is a complex issue that varies across different countries and states. In the United States, the distinction between federal and state government employees is crucial. While professors at public universities are typically not considered federal employees, they may be regarded as state employees in certain states. Graduate students who receive compensation for teaching or research are often taxed as employees, with their income treated as employment income. However, the classification of graduate students as employees specifically for unionization purposes has been a subject of debate, with the National Labor Relations Board (NLRB) proposing a rule that graduate students are not employees, which would affect their collective bargaining rights.

Graduate students' right to unionise

Graduate students have the right to unionise and collectively bargain for better wages and working conditions. The right to unionise is a fundamental right for employees, and graduate students are considered employees of their college or university.

History of Graduate Student Unionisation

Graduate student unionisation began in the late 1960s, influenced by the New Left Movement and the UC Berkeley Free Speech Movement. The first graduate student union was formed at the University of Wisconsin, Madison, in 1969.

Opposition to Graduate Student Unionisation

Many university administrators and higher education-related associations like the American Council on Education and the Association of American Universities oppose graduate student unionisation. They argue that unionisation threatens academic freedom and harms the relationship between professors and students.

Support for Graduate Student Unionisation

Many faculty associations like the American Association of University Professors support the right of graduate students to form unions. Unionisation is seen as a response to the growing corporatisation of universities and increased teaching workloads and financial difficulties imposed on graduate students.

Recent Developments

There has been a recent surge in graduate student unionisation, with strikes and work stoppages becoming more common. The National Labor Relations Board (NLRB) ruled in 2016 that graduate students at private universities are employees, which has led to a resurgence of graduate students calling for union recognition votes.

Benefits of Graduate Student Unionisation

Graduate students unionise for several reasons, including higher salaries, improved health benefits, and better working conditions. Unionisation can also lead to improved job security and consistency in job descriptions.

Challenges to Graduate Student Unionisation

One challenge to graduate student unionisation is the fear of upsetting faculty advisors. Another challenge is "right-to-work" laws, which allow employees to forgo union membership and avoid paying union dues, even in majority-union industries.

Graduate students' classification as employees

The Case for Graduate Students as Employees

Proponents of classifying graduate students as employees argue that their work is primarily an economic relationship, highlighting the universities' increasing reliance on teaching assistants as a cost-saving measure. They are paid low wages for performing tasks such as teaching classes, conducting research, and performing clerical duties. This classification would grant them the right to unionise and collectively bargain for better wages and working conditions.

In 2016, the NLRB ruled that graduate students at private universities are employees under the National Labor Relations Act (NLRA), recognising their right to form unions and collectively bargain. This decision was based on the broad definition of "employee" under the NLRA and similar worker protection statutes.

The Case Against Graduate Student Employee Classification

On the other hand, universities and higher education associations argue that unionisation threatens academic freedom and harms the relationship between faculty and students. They claim that the work graduate students perform is intertwined with their education, and that collective bargaining will negatively impact the educational process.

In 2004, the NLRB reversed its previous decision, ruling that graduate students in private universities are not considered employees, stripping them of their collective bargaining rights. This decision was based on the "'primary purpose' doctrine, which states that the primary purpose of graduate students is to fulfil the role of a student rather than that of an employee.

Recent Developments

Despite opposition from universities and higher education associations, the momentum for graduate student unionisation has been growing. As of 2023, there were at least 156 graduate student employee unions in the US, with an estimated 83,050 unionised student employees in certified bargaining units as of 2019.

In 2019, the NLRB proposed a rule stating that graduate students at private universities are not employees, which could significantly affect unionisation efforts. However, as of 2025, the final rule has not been published.

The impact of graduate student unionisation on academic freedom

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

On the other hand, recent research and surveys suggest that unionisation has a neutral or positive impact on academic freedom and faculty-student relationships. Faculty at public universities with graduate student unions have reported that collective bargaining does not inhibit their ability to advise, instruct, or mentor graduate students, nor does it hinder the free exchange of ideas. Graduate student unionisation can also lead to improved economic conditions for graduate students, such as higher pay and better benefits, which can enhance their overall educational experience.

Graduate students themselves have played a significant role in unionisation efforts, driven by increasing teaching workloads, financial difficulties, and the corporatisation of universities. They view unionisation as a way to demand better stipends, wages, and benefits, as well as address issues like class sizes, opportunities for undocumented students, and gender-neutral bathrooms.

Overall, while there have been concerns about the potential negative impact of graduate student unionisation on academic freedom, evidence suggests that it does not hinder faculty-student relationships or the free exchange of ideas. Instead, unionisation can empower graduate students and provide them with a platform to negotiate for improved economic conditions and other benefits that support their academic pursuits.

The role of labour unions in graduate student unionisation

Graduate student employee unionization refers to 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, public and private institutions have different authorities governing collective bargaining rights. In public universities, state labour laws determine collective bargaining and employee recognition. In private universities, the National Labor Relations Board (NLRB) has the power to determine whether graduate students are considered employees, which would give them collective bargaining rights.

In the US, many university administrators and university associations like the Association of American Universities have vigorously opposed the unionization of graduate student employees on their campuses through legal challenges. They argue that unionization threatens academic freedom and harms the relationship between faculty and students. However, recent research suggests that unionization neither negatively affects academic freedom nor harms faculty-student relationships.

The main issue over graduate student employee unionization in the US is whether academic student employees should be classified as employees or students. The recognition of employee status would give graduate students the right to form a union and bargain collectively. The position of many universities is that the work graduate student employees do is so intertwined with their professional education that collective bargaining will harm the educational process. Supporters of unionization argue that graduate employees' work is primarily an economic relationship. They point especially to universities' use of Teaching Assistants as part of a wider trend away from full-time, tenured faculty.

The role of labour unions in graduate student unionization is, therefore, to provide graduate students with the right to bargain collectively for better wages and working conditions. Labour unions have supported graduate students in their fight for employee recognition, and they have also provided legal support, financial resources, and networking opportunities.

The legal landscape of graduate student unionisation

Graduate student unionization, or academic 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. The legal landscape of graduate student unionization has been characterised by shifting rulings from the National Labor Relations Board (NLRB) and a growing momentum for unionisation among graduate students.

The Early Years (1960s-1979)

Graduate student unionization began in the late 1960s, influenced by the New Left Movement and the UC Berkeley Free Speech Movement. During this period, only public university graduate students were able to form recognised unions. The University of Wisconsin-Madison's Teaching Assistants Association was the first to be recognised as an independent employee bargaining unit in 1969.

Decline and Inactivity (1980-1989)

Between 1981 and 1991, few universities recognised graduate unions, with the University of Massachusetts Amherst being an exception.

Aggressive Growth (1990-2004)

The 1990s saw more aggressive and successful union drives, culminating in the NLRB's 2000 ruling that granted employee status and collective bargaining rights to private university graduate students. The number of unionised graduate employees nearly tripled from 1990 to 2001.

The Brown Era (2004-2016)

In 2004, the NLRB reversed its previous ruling, prohibiting Brown University and other private universities from unionising. This period was marked by a slowing of momentum in organising activity, particularly in private universities. Despite this, graduate students in public universities continued to unionise.

Post-Columbia Era (2016-present)

On August 23, 2016, the NLRB reversed the 2004 Brown decision, ruling that student assistants at private universities are protected by the National Labor Relations Act (NLRA) and have the right to unionise. This decision spurred a wave of graduate student unionisation efforts across the country.

The Trump Era

When President Trump took office, analysts predicted that his appointees to the NLRB would move to reverse the Columbia decision. While the Trump NLRB has overturned other Obama-era precedents, the Columbia decision has remained intact. Graduate student assistants at Columbia University voted overwhelmingly (72%) to unionise in December 2016, and the NLRB certified their union. However, the Columbia administration has refused to bargain with the union, leading to an unfair labour practice charge. The Columbia administration plans to appeal to a federal appeals court to review the NLRB's interpretation of the NLRA.

Current Landscape

Frequently asked questions