NLRB Proposed Rule on Grad Student Unionization
By the GSA Executive Committee
Last month, the National Labor Relations Board (NLRB) proposed a rule change that directly impacts graduate students at private universities, such as CMU. The proposed rule seeks to establish that graduate assistants at private universities are not employees and therefore do not have the right to engage in collective bargaining, i.e., unionize. While the GSA does not take a specific stance on whether CMU graduate assistants should unionize, we do believe that we and other graduate assistants at private universities should have the right to unionize. Here, we provide context for the proposed rule, lay out our position, communicate our advocacy plan, and show how graduate students at CMU can have their voices heard on this issue.
What is the justification for the proposed rule?
The NLRB, subject to the winds of national politics, has changed its position on graduate student unionization three times in the past two decades. Most recently, in 2016, the NLRB ruled that graduate student workers at Columbia University have the right to unionize. This has been a contentious fight, with NLRB adjudicating upon multiple cases between 1951 and 2016 that decided whether students performing work for the university, specifically teaching and research assistants, are employees. A majority of current NLRB members justify the proposed rule as a means to “bring stability to an area of federal labor law in which the [NLRB], through adjudication, has reversed its approach three times since 2000.”
What is the GSA’s position?
Item five of our Legislative Platform (ratified by the GSA General Body) states that the GSA “supports the right of graduate student employees to unionize.” We believe it is the right of graduate assistants at CMU to determine whether or not we want to engage in collective bargaining, which would only emerge through a potential vote on our campus. We believe that there is a legitimate claim to the title of ‘worker’ for graduate assistants, evident in our responsibilities to teach classes, grade papers, and conduct research at the direction of the faculty and the administration. In addition, we believe that there should not be separate rules governing students at private vs. public universities (who have the right to unionize based on state laws, which Pennsylvania does allow). In 2016, GSA, as an interested party in the matter of The Trustees of Columbia University in the City of New York and Graduate Workers of Columbia–GWC, UAW. supported students’ claim for recognition as statutory employees in an Amicus Curiae brief filed by the National Association of Graduate-Professional Students.
What is the GSA doing on this issue?
The GSA’s approach on this issue is multi-faceted and includes seeking allies in other organizations and institutions, compiling a public comment, and finding champions in Congress to legislate this issue. With this aim in mind, we are already drafting a public comment with graduate students at MIT and other private institutions and reaching out to allies including the American Federation of Teachers and the American Association of University Professors. We are also asking members of Congress to amend the legislation governing labor rules to apply consistent rules for students at private and public institutions.
How can you make your voice heard?
The best way to have your voice heard is to submit a public comment, which you can do until November 22nd, 2019. Public comments will be taken and evaluated to inform the final decision of the NLRB. If you want to be involved more directly in our efforts, you can email our VP of External Affairs!