Douglas Olsen
Whether graduate students at public universities are considered 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 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. The NLRB's proposal primarily affects graduate students at private universities, as public universities are governed by state labor laws that determine collective bargaining and employee recognition.
| Characteristics | Values |
|---|---|
| Graduate students at public universities as state employees | It depends on the state and country; in the US, it depends on the source of funding. |
| Graduate students at public universities as US government employees | No, they are employees of the state in which the university is located. |
| Graduate students at private universities as US government employees | No, they are not considered employees. |
| Graduate students at public universities as employees for unionization purposes | The classification is debatable, with the NLRB proposing a rule that graduate students are not employees. |
| Graduate students' right to unionize | Yes, they have the right to unionize and collectively bargain for better wages and working conditions. |
| Number of graduate student employee unions in the US as of 2023 | At least 156 |
| Number of unionized student employees in certified bargaining units as of 2019 | 83,050 |
| States that explicitly give collective bargaining rights to academic student employees | California, New York, and 12 others |
| States that give public university employees the right to collectively bargain, without specifying graduate employees | Connecticut, New Mexico, and 10 others |
| States that exclude collective bargaining rights for graduate student employees | Ohio |
| States that deny collective bargaining rights for all university employees | 23 states |
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What You'll Learn
Graduate students' unionisation efforts
Graduate student unionization efforts, or academic student employee unionization, refer to labour unions that represent students who are employed by their college or university to teach classes, conduct research, and perform clerical duties. The first official graduate student union was formed at the University of Wisconsin, Madison, in 1969.
The 1990s saw a rise in more aggressive and successful union drives in both public and private universities, which led to the NLRB's NYU 2000 decision, granting employee status and collective bargaining rights to private university graduate students. This decision caused a wave of unionization efforts at other institutions. The NLRB's 2000 ruling was reversed in 2004 under President George W. Bush, and NYU refused to negotiate a new agreement with graduate students.
In 2016, President Barack Obama's NLRB ruled that Columbia University undergraduate and graduate teaching assistants were considered employees and were covered by the National Labor Relations Act, granting students the right to unionize. This right remained even under President Donald Trump.
In 2014, New York University's Graduate Student Organizing Committee became the first graduate employee union recognized by a private university in the US. Since then, several other private universities have followed suit, including Brandeis University, Tufts University, and Harvard.
Unionization efforts have also been observed at public universities. As of 2004, 14 states, including California and New York, explicitly give collective bargaining rights to academic student employees. However, some states, like Ohio, exclude collective bargaining rights for graduate student employees.
The COVID-19 pandemic spurred a new wave of student activism and unionization, with students reevaluating their relationship to work and employment. Graduate students, especially those in doctoral programs, often work closely with faculty and may feel afraid to voice their concerns for fear of upsetting their academic advisors. Overcoming this fear is critical to creating a strong union.
Overall, graduate student unionization efforts have been ongoing for several decades and have seen varying levels of success at both public and private universities in the US.
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State vs federal employment
Graduate students at public universities in the US are considered state employees in certain states. For example, in New York State universities, employees are considered state employees with different collective bargaining rights. Similarly, all employees of Tennessee public universities are also considered state employees. However, this may vary within a state, as some graduate students with NSF funding are not considered to be employed by the US government. Instead, the funding is sent directly to the school, which then employs the researchers and pays them.
Now, when it comes to state vs federal employment in the US, there are several differences to note. Firstly, federal employment tends to offer better benefits, including health benefits, vacation, sick leave, paid holidays, retirement plans, and consistent raises. Federal employment also provides better job security, with the ability to retire after 20 years, similar to the military. Additionally, federal jobs often offer more opportunities for growth and upward mobility.
On the other hand, state employment may offer higher salaries in certain cases. For example, a state employee with one year of experience mentioned receiving a salary of $60k, while a federal agency offered them a position with a salary of $90k. State employment may also provide better retirement benefits in some states. For instance, New York State provides immediate retirement benefits to the family of a deceased employee, which is not always the case with federal employment.
It is worth noting that the decision between state and federal employment depends on various factors, including salary, benefits, job satisfaction, and personal preferences. While federal employment may offer better benefits and job security, state employment could provide higher salaries and more favourable retirement plans, depending on the specific state. Ultimately, the choice between state and federal employment should consider both short-term and long-term goals and priorities.
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International students' status
Graduate students at public universities are generally considered to be state employees, although this may vary depending on the specific state and university in question. For example, in New York State, university employees are considered state employees, while in Tennessee, all employees of public universities are also considered state employees. However, in some cases, graduate students may have both employee and non-employee appointments at the same state university.
Now, regarding international students' status in public universities, it is important to note that international students' legal status in the United States has been a subject of debate in recent years. The Trump administration has expanded the grounds for canceling international students' legal status, leading to concerns about deportation. There have been reports of students with minor infractions or no known issues having their visas revoked or losing their legal status.
To address these concerns, some public universities offer pathway programs to support international students. For example, the University of Utah's Utah Global pathway program provides specialized services to help international students succeed. Similarly, Cleveland State University has a diverse student body, with international students comprising 6.2% of its population. The University of Kansas, a top-ranked public research university, offers the Academic Accelerator program, providing additional support and resources for international students.
It is worth noting that international students studying in the United States should ensure they have reliable health insurance to cover any unforeseen medical expenses. Additionally, international student loans are available for those who do not have a cosigner, making it easier for students to receive funding on their own. Overall, while international students' legal status may be subject to changes in government policies, public universities offer various programs and resources to support their academic pursuits in the United States.
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Research staff status
The classification of graduate research staff 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 important. 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 for unionization purposes has been a subject of debate.
The National Labor Relations Board (NLRB) proposed a rule stating that graduate students are not employees, which would impact their collective bargaining rights. This proposal has faced opposition from universities and higher education associations, and as of 2025, the final rule has not been published. The NLRB's NYU (2000) decision granted employee status and collective bargaining rights to private university graduate students. As of 2023, there were at least 156 graduate student employee unions in the US, with an estimated 83,050 unionized student employees in certified bargaining units as of 2019.
The status of graduate research staff as state employees also depends on the source of funding. If a graduate student is paid directly by the university, they are more likely to be considered a state employee. However, if they are paid through a grant, their employment status may depend on the grant's specific conditions. For example, a US professor at a university who wins an early career award from the department of energy and uses the funds to hire university postdocs may not make the postdocs government employees, even though the funding comes from a US government agency.
The classification of graduate research staff as state employees can also vary within a state. For example, in Tennessee, all employees of public universities are considered state employees. In Minnesota, a faculty member in the state college system may be considered a state employee, but this may not be the case for graduate students. Therefore, it is important to refer to the specific state's definitions and guidelines when determining the employment status of graduate research staff at public universities.
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Funding sources
Government Funding
The US government provides significant funding to public universities, which are often owned and operated by state governments. This funding can come in the form of grants, contracts, and appropriations. For example, the Department of Health and Human Services (HHS) and the Department of Energy (DOE) provide grants and contracts to universities for research and specific projects. In the 2024 fiscal year, these two agencies committed over $100 billion each to universities. During the coronavirus pandemic, public universities also saw a larger increase in revenues from federal government sources compared to private for-profit institutions.
NSF Funding
The National Science Foundation (NSF) is a significant funding source for graduate students in the form of grants and fellowships. While NSF funding may pass through the university, NSF graduate students are typically not considered employees of the NSF or the university. However, students hired by professors and paid with NSF grants may have a different employment status.
Tuition and Fees
Tuition and fees paid by students and their families are a primary source of revenue for postsecondary institutions. In the 2020-21 fiscal year, 40% of revenues for public institutions came from government sources, while the remaining 60% likely includes a substantial portion from tuition and fees.
Investments
Investments are another critical source of funding for universities. Between the 2019-20 and 2020-21 fiscal years, investments as a source of revenue increased from $39 billion to $263 billion for public institutions.
Graduate Student Employees
Many graduate students work as teaching assistants, research assistants, or graduate assistants and are paid for their work. These positions may be unionized, with graduate students seeking to exercise their rights to organize and bargain collectively. The National Labor Relations Board (NLRB) has played a pivotal role in recognizing the employee status of graduate students, although the specific rights and protections vary by state and university.
In summary, the funding landscape for graduate students at public universities is diverse and complex. While government funding, NSF grants, tuition fees, and investments provide significant financial support, the employment status of graduate students depends on the specific funding mechanisms, university policies, and state regulations.
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Frequently asked questions
Graduate students at public universities are generally not considered US government employees, but employees of the state in which the university is located. However, this varies from state to state. For example, in New York, university employees are state employees, but this doesn't always apply to research staff.
If the graduate student is paid by the university, they are likely considered a state employee. If they are paid through a grant, then they may not be, but it depends on the grant's specifics.
Yes, graduate students have the right to unionize and collectively bargain for better wages and working conditions. However, the classification of graduate students as employees specifically for unionization purposes has been a subject of debate.
The Internal Revenue Service considers the compensation of graduate student employees to be wages. When graduate students receive payment for teaching, it is taxed differently from scholarships and treated like employment income.
