Frequently Asked Questions About a Graduate Student Union Election
Cornell Graduate Students United (CGSU) and their affiliate union, the United Electrical, Radio & Machine Workers of America (UE) filed a petition for representation with the National Labor Relations Board (NLRB) on September 28, 2023. In an election held November 6-9, 2023, students voted to approve the UE as their exclusive representative for the purposes of collective bargaining. The members of the bargaining unit are TAs, GRAs, RAs and GAs at the Ithaca, Geneva, and Cornell Tech campuses.
The university will now begin the process of collective bargaining with the UE. To answer questions you may have about unionization, the union, the union election, and other related matters, the university has assembled the list of frequently asked questions (FAQs) below for your reference.
If you have additional questions, feel free to e-mail them to graduateunionupdate@cornell.edu. Questions submitted to this email will be used to update the FAQ on a regular basis. In the event the question requires additional information, you will be contacted directly.
Throughout this process, we know you share our commitment to Cornell being a place where students can do their best work and where they feel that they’re being heard. We will continue to support our students and work to ensure that all students have a voice in this process.
FAQs updated on May 7, 2024
General Questions About Unionization and Collective Bargaining
What happened at the most recent bargaining session?
Answer: Updates on bargaining sessions are sent to faculty by email in the days following such meetings. Review the Bargaining Updates Archive for past updates.
When is the next bargaining session?
Answer: Review the Bargaining Updates Archive page to learn when the next bargaining session will take place.
What happens now that the union won the election?
Answer: The UE has been deemed the exclusive representative of TAs, GRAs, RAs and GAs responsible for negotiating applicable “terms and conditions of employment” with the university. The university will abide by its legal obligation to collectively bargain with the union on those topics. The goal of collective bargaining is to reach a written agreement between the university and the union memorializing the mutual agreement on those terms and conditions. As a general matter, the university will not be able to make unilateral changes on “terms and conditions of employment” without first bargaining with the union.
Who voted in the election?
Answer: Any student who held a position in the potential bargaining unit was permitted to vote in the election. Eligibility is determined solely based on that criterion. Eligibility to vote was not conditioned on signing a union authorization card or expressing an intention to join the union. All eligible students were notified of the election, placed on a voter list, and be permitted to vote.
Are all TAs, GRAs, RAs and GAs required to join the union?
Answer: The matter of whether these students will be required to join a union will be addressed during the collective bargaining process.
What is Cornell’s stance on its graduate students organizing?
Answer: It is our position that whether to join a union is a decision for the students. We are firmly committed to complying with the requirements of the National Labor Relations Act (NLRA), and to ensuring a fair bargaining process.
What is the CGSU? What is the UE?
Answer: CGSU stands for “Cornell Graduate Students United” and is an organization comprised of Cornell graduate students performing teaching or research services who have driven efforts to form a union. CGSU has affiliated with the United Electrical, Radio and Machine Workers of America (UE), which is a national union representing workers across the country in a variety of manufacturing, public sector and private service-sector jobs. Student unions at MIT, Stanford, Dartmouth, and Chicago are also affiliated with the UE. Only MIT has completed the bargaining process with the UE.
Are graduate students at other universities represented by unions?
Answer: Graduate students at a number of private universities have sought union representation over the last few years. In addition, graduate students at several public universities have been represented by unions for decades.
Does Cornell have any other unions?
Answer: Yes. Cornell has bargaining relationships with eight different unions that go back almost 60 years. Approximately 1,600 Cornell employees are already represented those unions. However, none of those existing unions include graduate students.
Could the union strike? What happens then?
Answer: Strikes and work stoppages can be a legally protected method for unions to demonstrate their disagreements. It is possible that strikes may occur, and the university will consider the appropriate response in the event that happens.
In the event of a work stoppage or strike activity on campus, faculty MAY NOT speak with students about the strike. Faculty cannot make arrangements with students or groups of students to circumvent a work stoppage.
When would a work stoppage happen?
Answer: The experiences of other universities show that work stoppages are often timed to coincide with critical periods during the semester. Stoppages at the end of the semester, for example, disrupt collection and entry of final grades for undergraduate students.
The timing of a work stoppage is never up to university leadership or management (faculty).
What are the tax implications for students in becoming part of the union?
Answer: The recognition of the graduate student union does not change the status of graduate students as students. The graduate student union has been recognized to represent the graduate students who hold the titles of TA, RA, GRA and GA to bargain the terms and conditions of their employment in those titles. Currently, graduate students who have fellowships are not represented by the union with respect to the requirements of that fellowship.
We don’t believe there will be any change to the graduate students’ tax status.
The university does not provide individual tax advice, however some general information is available from the Division of Financial Services. The IRS also provides information for students. Graduate students may reach out to the UE or CGSU for additional information and resources.
Requirements for Faculty
Do I have any legal obligations as a faculty member?
Answer: Yes. As faculty, you are considered management under the NLRA, and such positions come with specific responsibilities. Therefore, you must refrain from engaging in unlawful conduct that could be perceived as threatening, coercing, or restricting graduate students in their right to participate in a union.
Unlawful conduct includes the following:
- Engaging in coercive speech, whether formal or informal. Coercive speech can be quickly summarized as “TIPS” – threats, interrogation, promises of benefits, and spying or surveillance. Examples of prohibited coercive speech include:
- Threats: “Our lab might not be able to support as many graduate students if there is a union.”
- Interrogation: “I heard the union has collected signed cards – did you turn one in?”
- Promises: “I’ll make sure you can TA the class you’re interested in if this all goes away.”
- Surveillance: Taking photos of a union rally may be considered prohibited surveillance.
- Transferring, terminating, or assigning graduate students more difficult work tasks, or otherwise punishing them because they engaged in union activity.
Note that conduct may be considered unlawful regardless of whether it is in support for, or in opposition to, the union. This page provides more information on “TIPS” for faculty.
In addition, because TAs, GRAs, RAs and GAs will now be represented by the UE, changes to terms and conditions of employment must be negotiated with the union. That means that the university, colleges, and departments cannot make unilateral changes to topics such as:
- Wages and benefits
- Working hours
- Health, dental, and vision insurance
- Assistantship discipline and discharge
- Assistantship grievance procedures
Federal labor law requires that changes to topics such as these may only occur after both the UE and the university agree through their respective representatives in the collective bargaining process.
It is important to note that programs retain full purview and freedom to engage with students on academic policies, institutional priorities and objectives, and programs that are not included in these mandatory subjects of bargaining.
What are Weingarten rights?
Answer: Weingarten rights entail the right of union employees, upon request, to have their representative present during an investigative interview that the employee reasonably believes could lead to discipline. A list of FAQs on Weingarten rights is available to faculty.
My unit wants to survey graduate students about their experiences and the climate in our unit. Is this permissible?
Our field gives out TA awards each year. This seems to be work related, so is this still allowed? Also the winners get a cash honorarium. Is that a “payment of bonuses”?
Answer: Cornell is required to maintain the status quo, so you should continue to grant awards in the way they have previously and consistently been awarded in the past.
Addressing Questions From Students and Prospective Students
The students in my lab have been asking me what to do and whether they should join the union. What do I say to them?
Answer: As much as you would like to discuss this topic with them and/or provide guidance to them, the best response is to tell them that students who have questions about graduate student unionization at Cornell or the collective bargaining process should direct their inquiries to Cornell Graduate Students United (CGSU).
Prospective students are asking about how the union will impact their experience at Cornell. What should I tell them?
Answer: In November 2023, the graduate students elected the UE as its exclusive representative under the National Labor Relations Act (NLRA) for TAs, GRAs, RAs, and GAs. The UE and the university will work together to reach an agreement on the employment aspects of those titles. As of January 2024, the parties have not yet begun the process of negotiating for an agreement.
Prospective students want to know if they have to join the union, attend union meetings, and what the cost of union dues might be. What should I tell them?
Answer: Given that the UE was recognized in November of 2023 and that the UE and the university have not yet negotiated an agreement, the answers to these questions are not available. We encourage prospective students to reach out to the UE or to its Cornell affiliate, CGSU, to discuss these concerns.
Students can direct more specific inquiries to Cornell Graduate Students United (CGSU).
What should I tell prospective students who want to know whether the union will benefit them?
Answer: This is a question that is not appropriate for faculty or the university to answer. If prospective students have questions about the UE or CGSU, we suggest that they reach out directly to those entities.