Graduate Student Union FAQs

A union is an organization that represents employees in an appropriate unit, referred to as a “bargaining unit.” The union serves as these employees exclusive representative for the purposes of collective bargaining with their employer regarding terms and conditions of employment (e.g., wages, benefits, hours, etc.).

Most typically, a union will organize a group of employees through the National Labor Relations Board’s (“NLRB”) representation process. A union looking to represent a group of employees must demonstrate to the NLRB that it has obtained a sufficient number (30%) of signed authorization cards from members of the bargaining unit affirming their support of the union. This is otherwise referred to as demonstrating a “showing of interest.”

Once a union obtains a sufficient number of cards from employees, the union can either: (i) ask the employer to voluntarily recognize the union as the representative of individuals in the bargaining unit without proceeding to an election (assuming it has obtained more than 50% of signed cards from the bargaining unit); or (ii) present the cards to the NLRB requesting that it hold a secret ballot election where employees in the bargaining unit can vote as to whether they wish to be represented by the union.

The NLRB is a federal agency responsible for administering the National Labor Relations Act (NLRA), the primary federal statute governing labor law. The NLRB oversees all aspects of the representation process, including the handling of the initial petition, key legal filings, and the union election process. As a general matter, the NLRB enforces the limits of the NLRA prior to, during and after an election to ensure a fair result.

The University does not view its students as employees and believes that because the educational experience is far superior for graduate students when they are treated primarily as learners and students, instead of as workers. This is a controversial point and one about which reasonable minds can differ.  After many years of concluding graduate students are not employees, the NLRB changed its position and concluded that graduate students are employees in a decision involving Columbia University in 2016. It is unclear whether the NLRB would conclude today that graduate students are employees or if it would conclude that, in particular, University of Rochester graduate students are employees. It is also possible that the NLRB could determine some graduate students at the University are employees and others are not.

A union authorization card is similar to a power of attorney and authorizes the union to be the individual’s exclusive representative for purposes of collective bargaining.

Once signed, a union authorization card is often difficult to revoke. However, as a general principle, you have the right to send the union a letter or email making clear that you are requesting to revoke your authorization card.

No. Signing a card does not mean the individual has to vote for the union. If an individual signs a union authorization card and later decides that they want to vote “no” in the election, they may do so. If an election is held, it will be a secret ballot election and only the person casting the vote will know how they voted.

While a union initially gets to propose which classifications of workers it wants to be included in the bargaining unit, the University has the right to challenge some or all of the classifications petitioned for by the union as being inappropriately included in the bargaining unit.

Yes. Individuals have the legal right to speak and organize for or against union representation. Federal law protects an a person’s right to talk to others (including fellow colleagues and students) about their views, organize with others to make their collective views known, distribute information, and attend meetings or gatherings to discuss the pros or cons of union representation.

No. There is no law or policy that requires any student to speak with union representatives, and you are free to respond accordingly.

Union representatives are allowed to speak to people on University property that is open to visitors, as long as they are not violating University policies or procedures. However, union organizers are generally not allowed to be in areas that are normally restricted by University policy. They must abide by our consistent and established policies as any other third party would and may not disrupt campus operations.

The election is determined by a majority of those who vote in the election and is binding on all members of the bargaining unit. This means that if a bargaining unit has 2,000 eligible voters, but only 100 actually vote, a union would be elected if only 51 votes were cast in favor of the union. Importantly, the results of the election would still be binding for all 2,000 individuals in the bargaining unit.

No. The results of any election bind everyone in the bargaining unit, including students who abstain from voting, students who vote “no,” and future graduate students. Given that the results of the election are based on a majority of those who actually vote, it is of critical importance that all eligible students vote on this important issue.

Generally, bargaining units are comprised of groups of employees that share a “community of interest” as to their terms and conditions of employment. In other words, employees in a bargaining unit can share, among other things, similar wages, benefits, hours and working conditions. Typically, graduate student bargaining units include graduate students who hold teaching and sometimes research appointments (e.g., TAs, RAs).

If graduate students file a petition at the NLRB and a union is elected, the union would be the exclusive bargaining representative of all eligible graduate students in the bargaining unit. If a union looked to organize graduate students at the University of Rochester and won an election, this would mean that all terms and conditions of graduate student appointments (e.g., stipends, hours, benefits, vacation) would need to be negotiated with the union.

Yes, it can. As a member of a union, an individual may be charged dues, initiation fees, fines, and assessments, among other costs. In New York, employees can be required to pay dues to get or keep a job through what is called a “union security clause.”

Unions decide these costs according to their own formulas and each union publicizes the relevant cost of dues in their constitution and bylaws. Dues are normally automatically deducted from an employee’s paycheck. Employees can inquire with the union about their specific dues, fees and assessments.

Yes, but the process to remove or decertify a union is very complex and can take years to complete.

There is no set timeline by which a collective bargaining agreement must be negotiated.  On average, a first collective bargaining agreement can take a year or more to complete.

There are no guarantees in collective bargaining and all terms and conditions of employment would be subject to negotiation. Students could end up receiving stipends and benefits that are the same, more, or less than what they have now.

We don’t know yet because work schedules would be subject to collective bargaining. Typically, unions negotiate “a one-size-fits-all approach” for terms and conditions of employment that are then applied generally to all members of the bargaining unit. Most graduate student CBAs include provisions on work hours and scheduling, which sometimes delineate set schedules for graduate students, unless otherwise agreed to with the student’s supervisor. Depending on what is agreed to at the bargaining table, a CBA could change the flexibility you currently maintain when determining your work schedules.

It is possible that a union may choose to go on strike. Other universities with graduate student unions have faced strikes during collective bargaining.

Yes, members of a bargaining unit do not need to participate in a strike.

As an institution, the University prefers to continue working directly with its students, as opposed to communicating through a third party, like a union.  We believe that our community is stronger when we work together, and when we have your voices as our guide. We know there’s always more that can be improved and we encourage direct communication and feedback.

The University is committed to complying with its legal obligations under federal labor law. The University holds firm that our students have the right to be fully informed. Therefore, the University strongly urges all students to educate themselves about what it means to be in a union.

The Office of Graduate Education and Postdoctoral Affairs (GEPA) is your primary point of contact with any questions or concerns. Please email the GEPA office at phdunionquestions@rochester.edu for more information. If one of these contacts is not in the best position to address your concern, they will find the appropriate person to answer your question.