Proposed NLRB Rule Would Revoke Graduate Students’ Union Rights

A changed playing field as graduate student union, Harvard negotiate

Massachusetts Hall

Photograph by Muns/Wikipedia

The National Labor Relations Board (NLRB) will publish a proposed rule on Monday that would exempt university students who conduct paid teaching and research from the right to form a labor union, a right guaranteed to most other private-sector workers. If approved, it would be the fourth time since 2000 that the federal agency has flipped its position on graduate-student unionization, and would mean that private universities are no longer required to bargain with student unions. The rule could have wide-ranging consequences for private universities where grad students have already formed unions, including Harvard—where the union and the University are in protracted negotiations over an initial contract. 

Harvard graduate students voted to form union in April 2018, after building support through a years-long organizing drive. A 2016 NLRB decision had ruled that private university graduate students were employees and thus entitled to collective bargaining rights, which meant that their employers had to recognize and bargain with democratically elected unions. According to the NLRB’s proposed view announced today, which would in effect reverse the 2016 decision, “students who perform services—including teaching and/or research—for compensation at a private college or university in connection with their studies are not ‘employees’” under the National Labor Relations Act.

After the 2018 election, Harvard announced it would bargain with the Harvard Graduate Student Union-UAW (HGSU-UAW), and the two parties have been negotiating over an initial contract since last fall. Now, after today’s NLRB announcement, University spokesman Jonathan Swain said, “We are reviewing the proposed rule to assess what implications it may have on the University’s ongoing negotiations with the Harvard Graduate Student Union-UAW.”  

“This proposed rulemaking by the Trump NLRB is a naked attempt to crush our growing movement,” HGSU-UAW tweeted this morning. “But it won’t stop us from fighting for a fair contract, and it won’t stop the thousands of student workers who are organizing across the country.”

“In the past 19 years, the Board has changed its stance on this issue three times,” NLRB chairman John Ring, who was appointed in 2018 by President Donald Trump, said in a news release. “This rulemaking is intended to obtain maximum input on this issue from the public, and then to bring stability to this important area of federal labor law.” Members of the public are invited to make comments on the proposal for 60 days after its publication.  

Read more articles by Marina N. Bolotnikova

You might also like

Harvard Symposium Tackles 400 Years of Homelessness in America

Professors explore the history of homelessness in the U.S., from colonial poor laws to today’s housing crisis

Harvard Alumni Affairs Databases Breached

The University is investigating the cyberattack, which may have compromised the personal information of alumni, donors, students, faculty, and staff.

Harvard Law School Releases Digital Archive of Nuremberg Trials

Thousands of documents chronicle the Nazi regime and the legal effort to exact justice.

Most popular

Harvard Faculty of Arts and Sciences Faces a $350 Million Deficit

At a faculty meeting, Dean Hopi Hoekstra advocates for long-term, structural solutions.

Harvard Funds Student “Bridges” Projects

Eight new initiatives to build community on campus will get underway early next year. 

Harvard’s Class of 2029 Reflects Shifts in Racial Makeup After Affirmative Action Ends

International students continue to enroll amid political uncertainty; mandatory SATs lead to a drop in applications.

Explore More From Current Issue

Aisha Muharrar with shoulder-length hair, wearing a green blazer and white shirt.

Parks and Rec Comedy Writer Aisha Muharrar Gets Serious about Grief

With Loved One, the Harvard grad and Lampoon veteran makes her debut as a novelist.

Aerial view of a landscaped area with trees and seating, surrounded by buildings and parking.

Landscape Architect Julie Bargmann Transforming Forgotten Urban Sites

Julie Bargmann and her D.I.R.T. Studio give new life to abandoned mines, car plants, and more.

Students in purple jackets seated on chairs, facing away in a grassy area.

A New Prescription for Youth Mental Health

Kenyan entrepreneur Tom Osborn ’20 reimagines care for a global crisis.