Be Informed

Penn State admin recently published an FAQ about graduate student workers’ upcoming union election that leaves out key information about what it means to form a union. It is absolutely critical that all of us are fully informed of our rights and what’s at stake. Hear from graduate workers about what Penn State admin left out by reading below!

UNION ELECTION: POTENTIAL IMPACTS ON GRADUATE STUDENTS

Penn State Admin Says

What They Leave Out

Could graduate assistants “opt out” of the union if one is certified?

No. Election results bind every graduate assistant in the bargaining unit. This includes graduate assistants who do not vote, graduate assistants who vote “no,” and future graduate assistants who are not even admitted at the time the election takes place. A simple majority (50 percent + 1 individual) of those who vote determine the result for all graduate assistants in the bargaining unit. All graduate assistants in the bargaining unit would be bound by the terms of any collective bargaining agreement, regardless of whether or how they voted.

Kiana Mitchell, Animal Science:

The Penn State administration currently holds exclusive, unilateral control over our pay, benefits and workplace rights. Like most employers, they would probably prefer to retain that power. Union representation, on the other hand, is a process, protected by Pennsylvania law, that equalizes the power relationship between employees and their employer. Over 120,000 academic workers have formed unions as part of the UAW at universities and academic institutions across the U.S. Through collective bargaining, graduate workers and other academic workers in the UAW have successfully negotiated improved wages and benefits, stronger protections against discrimination and harassment, expanded family-friendly benefits like paid leave and childcare subsidies, and other important provisions. With collective bargaining, the Penn state administration would be legally obligated to negotiate salary rates with our elected bargaining team and all graduate workers would vote democratically on the results of those negotiations. Thus, every individual would have a say in what our union bargains for, and every individual would benefit from the enhanced protections we win.

Would research assistants be included in the bargaining unit, even if they are funded solely by external funds?

Yes, the hearing examiner found research assistants should be included in the group of graduate assistants eligible to vote in the upcoming election, and this includes those funded solely by external funds.


Chelsea Sarring, Biochemistry, Microbiology and Molecular Biology:

A majority of Penn State graduate workers are research assistants who are funded through a variety of mechanisms, including by their college, department, or lab. Regardless of how Penn State chooses to pay us, we all do work that makes Penn State a top-tier research and land-grant university. Tens of thousands of research assistants at other universities across the US, many of whom are funded by external grants, have formed unions of their own, and the Pennsylvania Labor Relations Board ruled that regardless of how we are funded, research assistants at Penn State have the right to unionize. We are excited to vote with teaching assistants and graduate assistants later this month for our union!

Could involvement with university governing bodies be impacted if graduate students unionize?

If a union is elected as the exclusive bargaining representative, the union will be the sole voice of graduate assistants on wages, benefits, and working conditions, and thus, the University and faculty may be limited or restricted in dealing with graduate assistants on councils and other governing bodies on those areas. Discussion and negotiation of changes to stipends, benefits, or other terms and conditions of assistantships could only be done by the union.

Sangjun Ko, Mathematics:

Currently, while GPSA provides all kinds of resources and beneficial opportunities for graduate students at Penn State, GPSA does not have the legal right to bargain with the university administration over improvements to our working conditions as graduate assistants. With a union, graduate workers would have a democratic say in our future contracts. As a result, graduate workers would vote on changes made to our current contract impacting stipends, benefits, and other workplace improvements. On campus, graduate and professional student governing bodies have already shown support for unionization (GPSA Resolution #74-03). A graduate worker union and graduate student governing bodies serve distinct purposes, and would continue to do so after we vote to form our union.

How can we know what things would change if there were a union and who would be most impacted?

There is no way to know now what changes or impacts might occur if graduate assistants became unionized.

If a union were certified, it would have the right to bargain over terms and conditions of employment but not have the right to bargain over matters that are purely academic or left to the management discretion of the University. There is almost no precedent in Pennsylvania, however, for determining what topics are considered terms and conditions of employment for graduate students whose teaching and research activities are part of their academic training.

Bargaining does not occur until after the union has won the representation election. Therefore, before an election has taken place, there is no way for the University to know what proposals the union would seek to make in bargaining and/or what a collective bargaining agreement may ultimately look like or what subjects it would touch upon.

What we do know is that unions bargain for the collective group, not for individual students, and a collective bargaining agreement would apply to all covered students and could limit the flexibility of individual students, their faculty mentors, and the Fox Graduate School to tailor the expectations and financial support packages to the needs of those students in particular programs and even of individual students within those programs. Faculty may be restricted in their ability to provide students with certain research opportunities if doing so would violate restrictions related to work hours in a contract.

Anthony Taylor, Plant Pathology:

Graduate student workers have formed unions at universities across Pennsylvania, at both public and private institutions. Grad workers at Temple (TUGSA) have bargained for improved working conditions for TAs, RAs, and GAs for decades. Grad workers at Pitt are currently bargaining for their first contract, and so are University of Pennsylvania grad workers (GETUP-UAW)! As grad workers at Penn State, we are part of a national movement for fair working conditions in higher education.

Currently, we as grad workers have no say in our contract. Forming a union would allow us to democratically determine our priorities for bargaining and collectively bargain with Penn State for a fair contract. Some common improvements achieved by grad workers through their union at other universities include: increased stipends, fully subsidized healthcare, protections from harassment and bullying, and protections for international workers. But we, as graduate workers at Penn State, would democratically determine what we want to bargain for. Having a union would not prevent graduate workers from getting support from our advisors, faculty, or the graduate school. Instead, it would allow us to have a direct voice in our working conditions, as part of a larger community, in addition to individual advocacy.

If graduate assistants unionize, what matters are not subject to negotiations with Penn State?

We do not know for sure. There is no precedent from the Pennsylvania courts deciding what are terms and conditions of employment for graduate students whose teaching and research are part of their academic training.

The following is a list of some of the things that Penn State believes would not be subject to negotiations between a union and Penn State:

  • who is to be appointed to an assistantship

  • academic requirements for graduate students

  • academic judgments by faculty and administrators

  • budgeting and allocation of funds by the University and by individual departments and colleges

  • number and distribution of graduate student assistants

  • selection and retention of faculty and supervisory personnel

  • the number of graduate student assistant positions at any specific funding level

Ultimately, these matters may be up to the PLRB and/or the courts.

Owen Harrington, Geography:

With collective bargaining, we would have the power to negotiate as equals and to determine collectively what matters most to us here at Penn State. Unions of academic workers at other universities have secured wide-ranging benefits through collective bargaining, including:

  • UC graduate student workers won 25-80% raises by 2024.

  • Columbia student workers won neutral third-party arbitration for claims of harassment or discrimination.

  • UC graduate student workers won 100% coverage of tuition and fees for TAs/RAs working over 10 hours per week, regardless of program or degree.

  • UC graduate student workers won 8 weeks of paid parental leave for birthing parents and 6 weeks for non-birthing parents.

  • UW graduate student workers won $5000 per year to cover the costs of childcare for parenting workers.

  • UW graduate students won workload protections, giving them clear recourse to protect themselves from having to work more hours than their contractual appointment states.

Academic workers at Temple and Pitt have already secured improvements to their working conditions through negotiating union contracts. There is ample precedent for graduate worker union negotiations both in Pennsylvania’s public universities and at public and private across the U.S.

Can graduate assistants just “try” the union for a while?

Once a union is elected and certified by the Pennsylvania Labor Relations Board (PLRB) as the exclusive bargaining representative of a group of employees, that union will always be the exclusive representative unless it is decertified by the PLRB, which cannot happen for at least a year after the union is certified, and requires that specific processes are followed including an election if sufficient interest in decertification is demonstrated. Decertification of a union is a rare occurrence under Pennsylvania’s Public Employee Relations Act (PERA).

A decertification petition can be filed by a group of bargaining unit employees and must include evidence that at least 30 percent of the employees in the unit desire not to be represented by the union. Alternatively, an employer can file a decertification petition if it has a good faith belief, based on evidence, that a majority of the employees in the unit no longer desire to be represented by the union.

There are specific rules in place about when a decertification petition can be filed. If the PLRB finds the decertification petition is proper, it will then conduct an election among the employees in the bargaining unit to determine whether a majority of the employees wish to continue to be represented by the union.

While a union may expend its financial resources in opposing a decertification petition, an employer is legally prohibited from giving financial or other assistance to employees attempting to decertify a union.

Christine Bowlus, Kinesiology:

Graduate workers at Penn State have been discussing and working towards the formation of our union for multiple years. Last year, a large majority of over 3000 graduate workers signed authorization cards in support of forming a union. Forming a union is not a decision that we have taken lightly, and graduate workers across all departments and colleges at Penn State overwhelmingly support unionization. The democratic process has involved input and participation from large numbers of graduate workers at every step, and will continue to do so after we successfully vote to form our union.

No group of graduate student workers has ever voted to decertify their union, and we hope that the Penn State administration will commit to bargaining in good faith towards a fair contract once our union is certified.

Will graduate students have to pay union dues, and if so, how much?

Graduate assistants should ask the Coalition of Graduate Employees for more information about the amount of dues and/or fees the union would charge if elected; to what entities the dues will be paid; and a percentage breakdown of the specific purposes for which the dues will be used (for example, political lobbying, representing graduate students, salary and benefits for union officials).

If graduate assistants who are in the defined bargaining unit choose not to pay for union membership they may not be allowed to vote on ratification of the final collective bargaining agreement or on other union decisions, such as a decision to strike, despite those decisions impacting them directly.

Maddy Jupina, Communication Arts and Sciences:

Membership dues are important because they provide the resources necessary for effective representation. As part of the UAW, we will not pay dues until we have completed the bargaining process and voted democratically to approve our first contract.

Dues are critical for providing Graduate Assistants with independent resources that are not controlled by Penn admin. We would use them to ensure we have appropriate legal, bargaining, community, and staff support to represent all Graduate Assistants.

UAW membership dues are currently 1.44% of gross monthly income and can only be increased by membership action (e.g., the membership in a few local unions have voted to increase dues above 1.44% to have more resources). In the UAW, there is also a one-time initiation fee, which ranges from $10 to $50 per worker and is determined democratically by local union members.

The value of increased wages and benefits in the first contract typically outweighs the cost of dues, often leading to overwhelming majority approval of those agreements. For example, the Columbia postdocs went from having the lowest minimum salaries for postdocs in New York City to the highest in the first year of their contract, an increase of between 14.5% to 20%, along with guaranteed annual increases and other improvements. The base wages for UC postdocs have gone up by more than 50% since they ratified their first contract in 2010. Penn Postdocs and Research Associates would vote democratically on whether to approve any contract, and we would be able to reject a salary increase that did not more than cover the cost of dues.

It takes resources to have a strong union, from the earliest stages of forming a union for the first time, to bargaining and campaigning for the first contract, to enforcing rights under an existing contract, and advocating on policy issues that matter to the membership. Dues provide those resources. Once Penn Postdocs and Research Associates ratify our first union contract, we’ll be able to establish a local union with democratically-elected leadership, democratically-established bylaws, and various mechanisms for member participation and input. Dues generally cover all day-to-day costs necessary to have a strong union, including payment for legal representation, staffing, rent, equipment, and supplies.

Local unions affiliated with the UAW have also used their dues money to help members defend their rights. As examples, you can read this summary of successful grievance handling by postdocs at the University of Washington and articles about unionized postdocs fighting pregnancy discrimination at the University of California, and UConn graduate assistants addressing sexual harassment.

What input could graduate students have on what is negotiated by the union if one is certified?

If a union is certified, the parties begin the process of collective bargaining. The union selects a bargaining committee to represent it for the negotiations. How that committee is selected is determined by the union. It is up to the union to decide what input to seek from its members.

Rachel Wigmore, Biochemistry, Microbiology and Molecular Biology:

To negotiate a contract, representatives of both the Penn State administration and Penn State graduate workers would sit at the bargaining table. The union’s bargaining team would consist of a group of graduate workers democratically elected by their peers to represent the interests of the broader community of teaching and research student employees. The elected bargaining committee would work with experienced UAW staff who would help advise negotiations. Graduate worker feedback would guide the bargaining team’s contract negotiations.

Individuals will have many ways to participate in the process and make their voice heard, including by electing bargaining team members, shaping our goals through surveys, meetings and other forums, and voting to ratify our first contract. Every step of the process is led by graduate workers ourselves.

What happens if graduate students do not agree with the agreement that is reached?

At the end of the bargaining process, members of the union have the opportunity to vote to ratify the final agreement that is reached between the University and the union. The union may limit voting rights to dues-paying members of the union. Those who can vote have the option to vote to accept the agreement or to reject it as a whole. If the agreement is rejected at the ratification vote, the parties have to continue to negotiate. If the agreement is ratified, all graduate assistants included in the bargaining unit will be subject to the agreement. No one in the bargaining unit can opt out of the agreement.

Claire Cripen, English:

Once we elect to form a union, all graduate workers will be able to participate in shaping contract demands and proposals that will form the basis of our union contract. After our election, together we will:

  • Establish the size and composition of a representative bargaining team.

  • All graduate workers will vote to elect a number of our fellow Penn State graduate workers to the bargaining team.

  • Bargaining team members solicit feedback and input from all of us about what provisions to prioritize when negotiating. Penn State graduate workers are already providing feedback through a preliminary bargaining survey on the back of union authorization cards and through conversations with each other about common workplace issues.

  • Before entering bargaining, all graduate workers will ratify our initial bargaining demands, which are broad, overarching goals for contract negotiations.

  • During the back-and-forth of bargaining, this process of soliciting feedback and input continues. Bargaining team members typically give regular updates during bargaining. In many cases, bargaining meetings are open-door so that all workers have opportunities to participate in negotiations.

  • Any potential contract resulting from these negotiations will be made available in full for all graduate workers to vote whether or not to ratify. Usually detailed summaries of the contract are also provided.

  • A contract will only be approved if a majority of all voting graduate workers vote to approve the agreement.

Graduate workers ourselves will be leading and participating in the negotiations process through many steps before reaching a ratification vote. Additionally, we will not sign up as dues-paying union members until after we ratify our first contract and establish a local union.

WHAT HAPPENS DURING THE UNIONIZATION CAMPAIGN?

Penn State Admin Says

What They Leave Out

Can graduate students continue to attend governing body meetings and discuss issues with faculty?

Of course. We encourage graduate students to continue to engage with faculty as they have in the past, including through graduate student seats on the Penn State Board of Trustees, Faculty Senate, Counseling and Psychological Services Advisory Board, Graduate Council, Student Health Insurance Advisory groups, and Scholarship and Research Integrity (SARI) Advisory Council. We hope to continue our open dialogue with all graduate students on issues that are important to them.

Tahir Haideri, Biomedical Engineering:

Many graduate workers involved in forming our union are also active members of GPSA and other graduate student governing bodies at Penn State. We are glad that Penn State admin encourages all graduate students to continue participating in these bodies, and I and others plan to continue to do so regardless of the outcome of our vote on unionization!

How can graduate students make their voices heard?

Graduate students can make their voices heard by participating in the process, asking questions, and seeking clarification. If they have specific questions or concerns, they are encouraged to email gradinfo@psu.edu where their inquiries will be addressed directly.

Lucia Herrero, Psychology:

Graduate workers should make an informed decision and be ready to get out to vote later this month! If you have any questions, talk to your coworkers who are involved in our union effort, take a look at the CGE-UAW website, or you can send any questions to info@pennstategradworkers.org or you can submit them through the “Contact” form on our website.

Can graduate assistants expect to be contacted by a union representative?

Yes. Union representatives may reach out to graduate students by phone, text, email, or in person. How students choose to respond to these interactions is entirely up to them, just as they would decide how to respond to any other visitor.

Elijah Freeman, Ecosystem Science and Management:

It’s going to be important for all Penn State graduate workers to be informed for our upcoming union election! Your friends and coworkers will likely be calling and emailing you about making a plan to vote. The Pennsylvania Labor Relations Board is obligated to provide information about all eligible voters to ensure that both the Penn State administration and Penn State graduate workers have equal ability to contact all graduate workers about the upcoming vote. If you would like to get involved in helping reach out to your colleagues about voting yes in our union election, you can reach out and get involved by emailing info@pennstategradworkers.org!


GENERAL FAQs

Penn State Admin Says

What They Leave Out

Why is there a discussion about unionization for graduate students? 

Graduate students have filed a petition for unionization to be recognized as employees and to negotiate employment terms such as wages, benefits, and working conditions collectively.


Kristin Schoenecker, Geography:

Graduate student workers have filed a petition for unionization to be recognized as employees and to negotiate improvements to employment terms such as wages, benefits and working conditions collectively. Current employment terms at Penn State undervalue the labor we perform in appointments such as teaching assistants, research assistants, and trainees to make the university function. This leaves us in the precarious situation in which our wages, our healthcare coverage, our working conditions, and our other employment benefits may not sustain us, even as we sustain Penn State. For this reason, grad workers across all Penn State departments, colleges, and campuses have started a discussion and a movement to win our union.

Where can I find reliable information to make an informed decision? 

The University created this website to provide clear information about unionization. This website will be updated to ensure that graduate students have access to comprehensive resources to make informed decisions. If you have specific questions or topics you would like to be addressed, we encourage you to contact gradinfo@psu.edu and check the site regularly for updates.

Owen Harrington, Geography:

Talk to your co-workers! You probably know someone else in your lab or department who has been involved in helping organize a union for Penn State grad workers. Ask them why they support unionization and talk about what you’d like to see changed about your workplace. Grad workers at Penn State have also created our own website with clear information about why we want a union, what we can win collectively, our right to unionize, and helpful FAQs. Learn more about why your co-workers support forming a grad worker union at pennstategradworkers.org or send an email to info[at]pennstategradworkers[dot]org

What is the unionization timeline? 

The timeline for hearings and a potential election will be established by the Pennsylvania Labor Relations Board (PLRB). We will update this website with specific details as they become available. 


Rachel Wigmore, Biochemistry, Microbiology and Molecular Biology:

On December 4th, 2024, grad workers submitted over 3000 cards to show that there is majority support for forming a union. Since that date, the university administration could at any time agree to schedule a union election and allow grad workers to vote to officially form our union. After we vote, we can begin negotiations to secure a fair contract.

A hearing is not a necessary part of this process. Penn State administration is insisting on scheduling a hearing because they object to our definition of who counts as a graduate student employee. They can choose to drop this objection at any point and agree to an election date, but instead they continue to delay and attempt to deny union rights to certain workers.

By forcing a hearing, the administration is pushing our union election back by months and delaying us winning the wages, benefits, and workplace benefits that we need.


Will unionization protect students from executive orders, related to visa status or loss of stipends? 

Unionization allows employees to collectively negotiate employment terms with the University, but it does not change federal laws or policies related to immigration, visas, or government-issued stipends. Matters such as visa status, and federal funding are governed by federal agencies and laws, which are outside the scope of collective bargaining. Students are encouraged to review official immigration policies and consult with appropriate University resources or their own legal counsel for guidance on these matters.

If you are an international student on an F or J visa, and you need assistance or support, reach out to the International Student and Scholar Advising Office in Penn State Global.


Tahir Haideri, Biomedical Engineering: 

International students, due to our temporary immigration status, do not normally have a say in governmental policy and the democratic processes of this country. However, forming a union will allow us to advocate for and enact change at both the state and federal levels to make our voices heard with regards to laws and policies that affect us. This has been shown time and time again when graduate worker unions and their national affiliates across the country have mobilized their resources to launch legal challenges to executive orders and federal policies that were detrimental to immigrants and international student workers. Some examples include: the UAW filing an amicus brief in the Supreme Court against the Trump administration travel ban targeting predominantly Muslim-majority countries, helping to win the OPT (Optional Practical Training) STEM extension, and forcing ICE to rescind a 2020 directive that would have forced international students to attend in-person classes or face deportation. 

In addition to helping change government policy, forming a union will allow us to build a supportive network where international students can rely on each other and their domestic coworkers to share information about their legal rights as well as those we win in a contract. We’ll be empowered to push back against all too common workplace issues like overwork, bullying, or harassment, plus unjust changes to our visa status, by securing enforceable rights in a union contract.


How might unionization impact healthcare benefits for graduate students? 

If graduate students unionize, healthcare benefits would become a subject of collective bargaining between the union and the University. This means that current benefits could change in ways that are not yet determined. The outcome would depend on negotiations between the University and the union, as well as the final terms agreed upon in a contract. We encourage students to review the current healthcare benefits and consider how collective bargaining may impact them.

Mei-Ling Liber. Biology: 

Through collective bargaining, we will negotiate directly with Penn State administration to propose changes to our current medical, dental, and vision coverages. Other graduate worker unions have won improved benefits, including fully subsidized healthcare for individuals as well as dependents and families and improved access to specialist care. 

Right now, Penn State admin has unilateral control over our healthcare and can change our coverage at any time without notice or input from graduate workers. Negotiations with the administration are also our opportunity to protect the aspects of our current healthcare coverage we care about most by making them guaranteed with a binding contract. We could protect low insurance deductibles, co-insurance rates, and in and out of network maximum out of pocket costs. 

The outcome of any negotiation between grad workers and the administration would be written into a contract that we all have the chance to vote on. Grad workers would never agree to a contract where our healthcare benefits got worse!


Do graduate students have ways to raise concerns without a union? 

Yes, Penn State encourages all graduate students to voice their concerns through established channels, which include faculty advisers, program chairs, associate deans for graduate education, and the Fox Graduate School’s ombudsperson program. We are committed to open dialogue and addressing issues to maintain a positive environment for all students, regardless of whether they belong to a union or not. 

Additionally, there are several campus organizations, such as the Graduate and Professional Student Association (GPSA), that maintain open communication with the administration on matters important to graduate students. Penn State has a longstanding practice of collaborating with graduate students to address their needs, which has led to various improvements over time based on student input. For instance, the Student Health Insurance Plan (SHIP) was developed with input from graduate students and includes low co-pays for mental health visits, pediatric care, global emergency and travel assistance, emergency medical evacuation and repatriation, and accessible healthcare options with United Health Services at University Park and the Fishburn Clinic at Penn State Hershey. Graduate student representatives, through the Student Insurance Advisory Board (SIAB) and the Student Insurance Administrative Council (SIAC), contribute to decisions about the SHIP, including selecting the insurer, shaping the plan design, and managing costs, in collaboration with University Health Services and the Student Health Insurance Office.

Christine Bowlus, Kinesiology:

Graduate workers are unionizing so that we have the right to address our issues, not just “raise concerns” and “share input.” Penn State’s “established channels” don’t allow graduate workers to have a real say in resolving issues or improving our benefits. 

When grad workers experience a workplace issue and turn to the established channels, we find them lacking. All faculty, advisers, chairs, deans, and ombudspersons are employees of Penn State University and ultimately serve to protect the interests of the University – not empower graduate student workers. When my coworkers and I raised concerns about an abusive faculty member, we were told there was nothing the admin could do. 

Despite the “input” Penn State takes from graduate student workers on issues like our health insurance coverage, we still pay over 20% of premiums per year, about $700. Meanwhile, graduate workers at peer institutions have already won completely subsidized health care. 

Graduate student workers also makeup campus organizations such as GPSA, which recently passed a resolution in support of graduate worker unionization and the right of graduate workers to vote for our union this semester. Still, Penn State admin has not respected the voices of graduate students via campus organizations and is choosing to delay our union election by disputing the right of Research Assistants and Trainees to unionize. 

With a union, graduate student workers can work with a neutral third party to mediate concerns when the established channels fail. Unionizing gives us the legal right to a grievance process, so we don’t have to rely on the Penn State administration to have safe working conditions.


UNIONIZATION PROCESS

Penn State Admin Says

What They Leave Out

What is a union?

A union is an organization that represents a specific group of employees. This group of employees is called a “bargaining unit.” A union, on behalf of the bargaining unit, negotiates with an employer to establish collective terms and conditions of employment. When a union is in place, individual bargaining unit employees can no longer negotiate directly with the employer to change their terms and conditions of employment.

Dia Brown, Architectural Engineering:

A union is a group of workers who come together to improve their workplace by negotiating the terms of their work with their employer. When a union is formed, workers have collective and legal power to negotiate with their employer as equals and win a legally-binding contract that guarantees baseline wages, benefits, and workplace protections. 

As individuals at Penn State, we struggle to advocate for ourselves effectively, but as a group with legal bargaining power, we can win real improvements. Through collective bargaining, thousands of academic employees have successfully negotiated improvements in their wages, benefits, job security, leaves, protections against harassment and discrimination, and many other terms and conditions of their employment.


What law governs unionization at Penn State?

The law that governs labor unions at public employers like Penn State is Pennsylvania’s Public Employe Relations Act (PERA). PERA is administered by the Pennsylvania Labor Relations Board (PLRB). 

CJ Gust. Penn State Dickinson Law:

Unionization at Penn State is governed by the Commonwealth of Pennsylvania's Public Employe Relations Act (PERA). Penn State is a public employer the same way that public K-12 schools and other state universities, as well as local governments, are public employers. Because our unionization is governed by state law, the process is administered by the Pennsylvania Labor Relations Board (PLRB). We submitted union authorization cards to the PLRB last semester, and if the administration takes us to a hearing, the PLRB will play a key role in determining whether RAs and trainees are included in our union. The PLRB already ruled in 2018 that all TAs, RAs, GAs, and Trainees at Penn State have the right to form a union.

How is a union chosen?

Usually, a group of workers who want to unionize will affiliate with an established labor union. Once the group has affiliated with a labor union, organizers who work for the union will collect “authorization cards,” which are written statements signed by employees indicating their desire for a specific union to represent them in collective bargaining. If a union is able to collect enough cards to constitute a valid “showing of interest” (proof that at least 30 percent of the employees in an appropriate unit wish to be represented by the union), the union can file a “representation petition” with the Pennsylvania Labor Relations Board (PLRB) to hold an election. The PLRB will then determine whether the petition is proper and if so, order a secret-ballot election. 

Jess Rafalko, English:

In summer 2022, grad workers voted democratically to affiliate with United Auto Workers (UAW) because of their proven track record of unionizing grad workers at large state universities with significant international student populations. Affiliating with UAW has given grad workers access to financial, legal, and strategic resources—but we don’t “work for the union,” we are the union! CGE-UAW is a growing group of grad workers from across all Penn State colleges and campuses coming together to improve our working conditions. When we submitted union authorization cards to the PLRB in December, more than 50% of graduate workers showed their support for unionization. Since then, support has only grown.

Who is eligible to be part of the union?

After a petition for representation is filed by a union, the PLRB determines whether the petition meets the requirements of the law and identifies a proper bargaining unit, if those requirements are met the PLRB holds a secret ballot election. The bargaining unit is all employees who would be eligible to vote in the election. All employees in positions identified as part of the bargaining unit by the PLRB would be represented by the union if the union wins the election.

CJ Gust, Penn State Dickinson Law:

Graduate workers at Penn State are organizing a union for all of us: the 5000 graduate workers who perform research, teaching, or administrative work for pay at Penn State. These 5000 workers make up the “bargaining unit.”

In 2018, the PLRB previously ruled that all of these workers have the right to unionize and there’s no reason to challenge this ruling, but Penn State is choosing not to accept our proposed bargaining unit or observe the precedent of the previous ruling.

Instead, Penn State is claiming that research assistants (RAs) and trainees are not workers and is requesting that the PLRB hear the case all over again, even though this will delay the vote to form our union by months. Grad workers believe that all graduate TAs, RAs, GAs, and Trainees at Penn State should be included in the same bargaining unit, which is what the PLRB determined was appropriate in 2018.

What is collective bargaining?

Collective bargaining is the process the law requires an employer and a union to enter into if a union is certified by the PLRB as the exclusive bargaining representative of a group of employees who are referred to as a bargaining unit. Collective bargaining is a negotiation—both sides can put forth proposals regarding terms and conditions related to employees’ work such as wages, benefits, and required hours. While the parties must both bargain in good faith, neither side has to agree to the other’s proposal and neither side has to make concessions. In fact, there are only three results with collective bargaining: an employee could end up with more than, the same as, or less than they have now. If and when an agreement is reached, called a collective bargaining agreement (CBA), that document dictates all terms and conditions of employment for employees who are covered by the CBA. The employer, the union, and the employees all must abide by its terms, as there is no ability to negotiate separate, individual agreements among themselves that contradict the CBA.

Benji Davis, IST:

Collective bargaining is the process by which a union of employees and their employer negotiate a contract that establishes standard workplace conditions and benefits, such as salary, insurance, job security, and other workplace protections. Both parties in collective bargaining—in this case, our graduate student worker union and the Penn State administration—are required to negotiate in good faith. Through collective bargaining, Penn State graduate student workers would have the right to bargain with management as equals over our working conditions.

Once graduate workers elected to serve on the bargaining committee reach an agreement with the administration, all grad workers will have the opportunity to vote on the contract. That contract will go into effect only if a majority of those voting decide to approve it. As a collective of graduate workers, the only contract we will accept is one that improves our pay, increases our time off, and protects us from exploitative work environments. No one would vote for a contract that makes things worse!

Currently, grad workers have no say in what goes into our individual contracts. The terms are unilaterally set by Penn State, and we must either agree or not accept the assistantship. Only by forming a union will we have a real say in determining our working conditions. Right now, we are subject to terms set only by Penn State; with a union, the terms of our work would require grad workers democratic approval every step of the way.

What is meant by the term “bargaining in good faith?” 

To bargain in good faith means that both the employer and the union must try to make a serious effort to resolve differences, reach an agreement, and sign a contract. It does not mean that either the employer or the union is required to agree to any demand made by the other. Something only becomes part of the contract if both sides agree to the item in question. 

Claire Crispen, English:

Both the union and employer are legally required to bargain in "good faith," meaning that both parties must bring a respectful and cooperative spirit to negotiations. This pertains to both the terms of the contracts – wages, work hours, assignments, benefits, etc. – and the procedural aspects of contract negotiations, such as scheduling meetings at reasonable times. The outcome of these negotiations will be written into a contract that all grad workers vote on to ratify. 

So far in the process of forming our union, Penn State administration has chosen to force a hearing to determine whether RAs and Trainees have the right to unionize, instead of allowing for a democratic election, which they could agree to schedule at any time. Grad workers have been disappointed by Penn State administration’s response to our union campaign effort. Instead of respecting the will of the majority, they are taking unnecessary steps that only delay the process of voting and beginning negotiations. 

This shows us that, even when we enter negotiations with the administration, grad workers will likely need to continue to stand together and push the administration to hear our concerns. If the Penn State management does not bargain in good faith and make reasonable proposals, we have the legally protected right to take action together to pressure management to meet the needs of grad workers. If absolutely necessary, we have the right to strike in order to ensure that the university bargains in good faith.

ADMIN’S POSITION ON UNIONIZATION

Penn State Admin Says

What They Leave Out

What is Penn State’s position on graduate students unionizing?

Penn State acknowledges the right of teaching assistants (TAs) and administrative support assistants (ASAs) to unionize and respects their role in supporting the University’s educational mission. However, we do not support the unionization of research assistants (RAs) and trainees, as their primary role is that of students first. Research assistantships and traineeships are an integral part of their academic and professional development, rather than traditional employment. The University remains committed to providing all graduate students with a supportive, enriching, and positive educational experience.

Maddy Jupina, Communication Arts and Sciences:

All graduate workers provide service to the university that fulfills its land grant mission in research and teaching. In addition to their scholarly contributions to their own projects, research assistants and trainees undertake administrative work, maintain lab spaces and order supplies, serve as safety officers, write grants for their PIs and post-docs, perform cell-line, plant, and animal husbandry or maintenance for others outside of their own projects, perform research outside of their own dissertation project, as well as many other tasks vital to university function. Grad workers at Penn State are organizing to form a union for all of us who perform work for the university – no one should be unjustly excluded!

What is Penn State's position on teaching assistants forming a union?

Penn State acknowledges the valuable contributions of our teaching assistants. We appreciate their critical role in advancing our educational mission and mentoring undergraduate students.

Kristin Schoenecker, Geography:

After graduating with my PhD in geography, my current intention is to become a professor at a teaching-focused university. Thus, I have worked hard as a Teaching Assistant to develop my pedagogical approach and teaching skills so that I can support the education of current and future students. My work as a Teaching Assistant involves developing and implementing methods, or pedagogy, in the classroom and is hands-on experience for developing professional skills in teaching. It also requires working within teaching teams of other TAs and professors and acquiring mastery in my area of geography.

This work is not unlike the duties of Research Assistants who teach and mentor undergraduates, train them to join their lab’s team, and even supervise their senior theses. And yet these duties are considered work if someone with the job title “Teaching Assistant” performs them? Regardless of our job title, our work supports Penn State’s educational and research mission and continued operations. We deserve to form a union for all of us that represents our shared, collective interests.

What is Penn State’s position on research assistants forming a union?

Penn State recognizes the significant contributions of our research assistants. Their roles are academic in nature, as they engage in scholarly activities that are integral to their advanced degree requirements and their education and development as researchers. Because of this, research assistants should not be considered employees under the Public Employe Relations Act (PERA). Activities such as designing and executing their own research, developing and applying methodologies, working within research teams, and acquiring mastery in their field are essential to their academic and professional development.


Joe Heimerl, Aerospace Engineering:

Penn State’s position is not true to my experience as a Research Assistant. Just like TAs, Trainees, and grad workers with other roles, RAs are employees of Penn State who perform service that contributes to the university's educational and research mission. The research activities Penn State describes here are not only essential to the academic development of undergraduate students, but also to the financial development of the university and its industry partners. Grad student researchers generate billions of dollars of research funding for the university and enable these fruitful partnerships. We write grants, perform research for our lab and PI, mentor and teach undergraduates, maintain and manage lab spaces, and perform administrative duties necessary to keep the labs running. Without skilled labor provided by the graduate researcher workforce, the funding and research output that Penn State admin values would not be possible. 

Grad worker unionization campaigns at universities across Pennsylvania and the United States have included research assistants. Moreover, in 2018, the PLRB ruled that grad workers at Penn State including TAs, RAs, and Trainees, had the right to collectively bargain, setting a clear precedent for the present effort. Attempts to dispute this clearly settled litigation just delay the process of negotiating a fair contract.


Why does Penn State treat teaching assistants and research assistants differently regarding unionization?

First and foremost, Penn State considers all of its graduate students as students first, with a primary goal of completing their advanced degrees, supported by educational opportunities, mentoring, and resources that enhance their academic and professional development. We are committed to supporting their needs and providing a positive environment.

Teaching assistants play a vital role in the educational experience of our undergraduate students. Their contributions to teaching and learning are largely in addition to their advanced degree requirements, are integral to the University’s mission, and support the quality of education that tuition-paying students receive.

Research assistants are engaged in academic and scholarly activities that are central to their education and training and are a requirement for earning their degree.

This distinction reflects the different purposes and expectations of these roles.

Steph Szarmach, Biology:

There is substantial overlap in the duties performed by graduate workers in either role, TA or RA, and both equally contribute to the mission and functioning of the university. Penn State says “teaching assistants play a vital role in the educational experience of our undergraduate students,” but many research assistants, such as myself, provide one-on-one mentorship and training of undergraduates as part of our RA duties. Many undergraduates earn Penn State credits for conducting research under RA mentorship, just as if they were taking a TA-led laboratory course. Undergraduate research opportunities would be severely limited without the labor of RAs. This mentorship is not a requirement for earning our degree, and many RAs perform other additional duties, such as administrative work, overseeing lab safety, or working on funded research projects unrelated to their dissertation work. 

The Pennsylvania Labor Relations Board (PLRB) recognized this in their 2018 ruling, stating that research assistants and trainees should be included in the bargaining unit, and that “differences in job duties between, for example, a teaching assistant and a research assistant… merely reflect the division of labor at the University.” Plus, many graduate workers work as both RAs and TAs, either in different semesters or even concurrently. By trying to relitigate a distinction between RAs and TAs as eligible members of a union, Penn State is refusing to recognize that graduate workers in both roles provide labor “integral to the University’s mission,” without which the university would not function.

Why does Penn State view research assistantships as part of education rather than employment? 

First and foremost, Penn State considers all its graduate students as students first, with a primary goal of completing their advanced degrees, supported by educational opportunities, mentorship, and support resources that enhance their academic and professional development.

Research assistantships are designed to provide graduate students with hands-on experience, mentorship, and skills development directly tied to their academic programs and their degree. Activities such as designing and executing their own research, developing methodologies, working within research teams and acquiring research mastery and independence in their field are vital to RAs gaining research skills and earning their advanced degrees. These positions are a critical part of the learning process rather than a traditional employment relationship.


Grady Iliff, Mechanical Engineering: 

Research assistants are paid by the university to assist a supervisor, often called a Principal Investigator (PI), with their research. It’s true that this role serves the function of “on-the-job” training, helping RAs learn to conduct research in their fields. What PSU is not mentioning is that much of the research that RAs perform goes far beyond our thesis or dissertation work. The work that Research Assistants perform directly supports Penn State’s continued enterprise as a research institution.

Most laboratories at Penn State operate just like a small business. The PI is responsible for securing funding to cover research expenses, such as funds to hire graduate workers and staff researchers. The bulk of Penn State’s research funding comes from grants and commercial partnerships that grad workers make possible. The products of this enterprise—data, theories, and inventions produced by RAs and their PIs—are used to secure new grants, often written with the help of RAs, which fund further research. We do the work to bring in the grants, we do the research to fulfill the requirements of the grant, and along the way, we manage and maintain lab spaces and equipment, train fellow graduate workers and undergraduate students who are hired to work in the lab, and even supervise undergraduate theses projects. Our work makes Penn State an R1 institution and is critical to the continued operation and success of the university.

What are Penn State’s main concerns about research assistants unionizing?

The University is concerned that unionization could change the academic nature of research assistantships, potentially creating barriers to a graduate student’s educational goals. Activities such as designing and executing their own research, developing methodologies, working within research teams and acquiring research mastery and independence in their field are vital to RAs earning their advanced degrees. Each RA has a program that requires flexibility and individualized experiences.

Rachel Krizek, Biochemistry, Microbiology and Molecular Biology:

Without a union, Penn State admin has unilateral control over the terms of our work, and we as individuals can’t effectively advocate for what we want and need at work. With a union, we could negotiate to win better pay, paid short-term and long-term medical and parental leave, childcare subsidies, specific provisions and protections for disabled grad workers, support for visa fees, paid leave for immigration-related travel for international students, a fair grievance procedure for addressing harassment and discrimination, and much more. 

A union contract would not change the specific degree or program requirements laid out for a Phd, MD, JD, or any masters student in their respective handbook. Graduate workers would still be able to fulfill their academic work and individual needs with a union just as they did without, but this time – with additional legal and workplace protections.

Many other universities have graduate unions that include RAs, so why wouldn’t Penn State? 

Many universities structure graduate unions differently based on their unique needs and laws that vary from state to state. At Penn State, we believe that the academic nature of the activities of RAs takes them outside of the definition of employee under state labor law.

Maddy Jupina, Communication Arts and Sciences:

Ask any grad worker or postdoc at Penn State who’s worked at another US research university and you’ll find: Penn State is no different from any other institution in terms of how it structures research and education. Besides, RAs are unionized at other public universities in Pennsylvania and at institutions across the United States. The grad worker unions at the University of Pennsylvania, University of Pittsburgh, and University of California system all include RAs as employees with the right to collectively bargain. Beyond the clear precedent set by unions at other universities, it is abundantly clear that RAs do work at Penn State. RA work directly contributes to Penn State’s scientific output and reputation as a prestigious R1 research institution. In addition to research, RAs do administrative work, mentorship, training & education, and various other activities that contribute to the mission of Penn State. If being compensated to do work that supports the mission of the university isn’t being an employee, then I’m not sure what is.

How does Penn State support graduate assistants, including research assistants, outside of unionization? 

Penn State provides graduate assistants with mentorship, access to cutting-edge research opportunities, stipends, insurance premium subsidies, tuition remission, mental health and wellness resources, and career and professional development programming. We continually strive to improve these programs to ensure the academic success and overall well-being of our students.

Rachel Krizek, Biochemistry, Microbiology and Molecular Biology:

Penn State hires graduate workers on semesterly appointments that don’t meet our basic needs and that we have no say in. Across the University, there is a wide range of pay and benefits that grad workers are granted, some as low as $23,000, depending on the financial standing of your department, lab, or college, which are all negatively impacted by ongoing budget cuts. Some grad workers receive summer funding, others don’t. Some feel supported by their supervisor, others face discrimination and bullying without sufficient recourse. Alone, we often feel like we have to just accept what we’re offered. But together, we can win transparency and equity in pay and benefits. We could also win workplace protections from discrimination, harassment, and bullying, and further secure our access to accommodations for disability and supportive measures like childcare subsidies.

Can teaching assistants and research assistants raise concerns without a union? 

Yes, Penn State encourages all graduate students to voice their concerns through established channels, which include faculty advisers, program chairs, associate deans for graduate education, and the Fox Graduate School’s ombudsperson program. We are committed to open dialogue and addressing issues to maintain a positive environment for all students, regardless of whether they belong to a union or not.

Additionally, there are several campus organizations, such as the Graduate and Professional Student Association (GPSA), that maintain open communication with the administration on matters important to graduate students. Penn State has a longstanding practice of collaborating with graduate students to address their needs, which have led to various improvements over time based on student input.

Rachel Krizek, Biochemistry, Microbiology and Molecular Biology:

It is technically true that grad workers may bring up an issue to their advisor, department head, program chairs, ombudsperson, etc. hoping for a fair resolution. However, the actions that take place after those conversations are another story. Currently, graduate workers do not have any enforceable rights in the workplace, so if they are mistreated, retaliated against, or otherwise abused at work, they have to rely on the goodness of the University officials to hear and effectively address their issues. At best, these channels tend to protect the liability of the University rather than the interests of an individual grad worker. Formal complaints go nowhere.

Graduate workers are usually left right back where they started or in limbo, ultimately having to put up with their mistreatment or find a new advisor or lab to join. This is not only onerous and difficult to go through alone, it also delays their progress towards their degree further. Having a union would give all of us a formal grievance process that we could use to enforce the terms of our contract and protect ourselves and each other from abuse and exploitation.

Earlier this semester, the current GPSA assembly recognized the need for a grad union at Penn State by passing resolution 74-03 “Affirming Graduate Workers’ Right to a Fair Union Election.”