In the fall of 2022, graduate students at 10 of the University of California ("UC System") campuses organized a walk-off strike, resulting in one of the largest higher education strikes in the United States. At the end of almost five weeks, the UC system reached an agreement with approximately 12,000 graduate and postdoctoral employees bartering for higher salaries and additional benefits. Still, some graduate assistants continued to protest and held out hope for benefits such as child-care subsidies. The strike soon spread across the United States, with graduate students from coast to coast demanding better compensation and stipends from their respective programs.

Some of these strikes were ultimately successful, even if the unionization efforts fell flat. For example, although the University of Indiana refused to unionize its graduate students, the school announced "policy changes" that would address the main demands at issue. Unionization efforts are also underway at schools such as the University of Chicago, Johns Hopkins, and Yale.

While many of these unionization efforts have been and are shaping out to be successful, other campuses have made it quite clear that policy changes will not take place. For instance, Temple University recently announced that any students taking part in protests challenging graduate students' pay would have health insurance suspended and lose academic financing for their tuition. Given the fact that these students were already protesting their wages and benefits, additional hits to their healthcare coverage and tuition costs seem fatal. But this case highlights an important discussion on this topic. At what point are these students "students" rather than employees and vice versa? Does educational law control? How about contract law or the school's handbook?

The National Labor Relations Board Weighs In

In March 2021, the National Labor Relations Board ("NLRB") announced that students who are "financially compensated in connection with their studies," would no longer be "wholly dependent on their administrators to recognize them voluntarily." In other words, under the NLRB's new policies, graduate students may participate in collective bargaining agreements with their schools which will be subject to NLRB oversight. As the power has shifted toward NLRB oversight rather than administration review, many point out that graduate students are, first and foremost, now seen as "employees" in their employment contracts rather than simply students.

While the NLRB's policies certainly afford graduate students new collective bargaining rights, the undercurrent of their school's threatening tactics, policies, and politics remain. For many graduate and postdoctoral students, recommendations and alumni support mean everything. At this point in their academic career, many have spent years slaving away in their individual pursuits, fallen into large amounts of debt, and made several personal sacrifices. At this juncture, it is not surprising that these students may feel torn between advocating for better pay and benefits while still maintaining a good relationship with their academic institution.

Are You Worried Your School Will Retaliate Against You for Unionizing or Protesting?

If you are a graduate student or postdoctoral fellow and fear that your academic institution will retaliate against you for protesting or unionization efforts, national attorney-advisor Joseph D. Lento and his Educational Law Team at the Lento Law Firm can help. We have decades of experience working with academic institutions at the ground level and successfully advocate for students, often without unnecessary litigation. Don't jeopardize your future. Contact us today by calling (888) 535-3686 or using our online contact form.