Teaching- and research-assistants may unionize

CU gets notice of teaching- and research-assistant unionization petition

The Cornell administration was informed May 14 that a group of graduate students, called the Cornell Association of Student Employees/United Auto Workers (CASE/UAW), has filed a petition with the National Labor Relations Board (NLRB) seeking to be recognized as a collective bargaining agent on behalf of Cornell graduate research assistants, teaching assistants, research assistants, graduate assistants, readers, graders, tutors and consultants.

"A union at Cornell will empower TAs and RAs to bring about changes in our wages and working conditions," Gerod Hall, a TA in the Department of Ecology and Evolutionary Biology, is quoted as saying in a CASE/UAW news release issued May 14. "With a union, we will have a democratic and united voice for our issues. Collective bargaining is the only way for us to have a real say in the terms and conditions of our work," the statement reads.

The Cornell administration views this action with serious concern. On the one hand, the university has a long history of participation in both the American and international labor movements. On this campus, the administration presently bargains with six different bargaining units. These negotiations have always been conducted in good faith by both the university and its represented workers.

The petition filed by CASE/UAW, however, is not simply a request to represent yet an additional group of workers on the campus. Rather, if ultimately approved and implemented, it would extend worker status to thousands of graduate students who heretofore have been considered to be students whose teaching and research assistantship responsibilities constituted an important element of their educational program. Unionization of graduate students who serve in these capacities has the potential of significantly changing the relationship between the university and those graduate students, by having them represented by a third party.

Over the last few years, the NLRB has reversed the long-standing position that graduate teaching and research assistants are not "employees" covered by the National Labor Relations Act (NLRA). These new rulings have been applied to certain graduate students at New York University, Columbia University and Brown University, among others. Several of the affected institutions are seeking to have these determinations reversed in appeals filed with the NLRB and, perhaps, thereafter with a United States Court of Appeals. The outcome of these cases obviously will have a considerable effect on private universities nationwide, including Cornell.

While expressing grave concern about the appropriateness of designating teaching and research assistants as "employees" under the NLRA, the administration respects the right of the union organizing group (CASE/UAW) to seek certification under the NLRB rulings in effect at this time. Additional rulings by the full NLRB and the federal courts may well determine that the designation of these students as "employees" was inappropriate. Furthermore, under the NLRA and existing NLRB rulings, all participants in this process have certain rights and obligations that must be respected. The Cornell administration pledges to uphold its responsibilities in this regard to ensure that Cornell's graduate students are able to debate these issues openly and extensively.

The Process

Federal law stipulates that organizations wishing to be certified as collective bargaining representatives must submit supporting authorization cards signed by not less than 30 percent of the proposed membership of the bargaining unit. The NLRB regional office confirms the eligibility of those signing the cards and may schedule a hearing to resolve any issues presented by the petition, such as the proposed composition of the bargaining unit. Once it has made a determination on any contested issues, the NLRB regional office orders a secret ballot election in which those graduate students eligible to vote indicate whether or not they wish to be represented by CASE/UAW as their exclusive collective bargaining agent. The outcome of the election is determined by a majority of those voting, no matter how few eligible students vote. If a dispute persists over the basis or conduct of the election, the objecting party may appeal to the NLRB, and in that case, the results of the election are sealed pending a ruling on the appeal.

The University's Position

Today's statement is not the most appropriate occasion for a detailed commentary by the university administration setting forth its position regarding the unionization of graduate teaching and research assistants. If an election is ordered by the NLRB and ultimately goes forward, it is important to emphasize that the eligible graduate students must be assured the ability to make their choice freely and without intimidation from any source. Mindful of these prohibitions, all members of the university community are nonetheless free to share their own opinions about graduate student unions. The university administration is committed to encouraging full and open debate and to the sharing of timely and accurate information. Over the next several weeks, the administration will issue informational announcements and share its views as developments occur.

May 23, 2002