Union Facts

Town Hall

Provost Raver, Vice Provost André Christie-Mizell, and Vice Provost G.L. Black held a virtual Town Hall on Wednesday, October 30 at 6 p.m. to discuss Vanderbilt’s position on unionization, its potential impacts and how it might affect student-faculty relationships.

Petition Process

Oct. 2: United Auto Workers (UAW) filed a petition with the National Labor Relations Board (NLRB) to represent a group of Vanderbilt students.
Oct. 7: The NLRB issued a subpoena (the “first subpoena”) to Vanderbilt for certain student information to help determine if there will be an election and who would be eligible to vote.
Oct. 8: Per the NLRB’s process, Vanderbilt notified students about the first subpoena and their legal right to object to disclosure of private information maintained by the university.
Oct. 15: Students filed a motion to intervene and to postpone the NLRB proceedings to permit time for student objections to the first subpoena to be litigated and resolved. Vanderbilt also filed a motion in support of students’ efforts to protect their privacy interests.
Oct. 16: At the request of the UAW, the NLRB issued a second subpoena (the “second subpoena”) to Vanderbilt for certain student information.
Oct. 17: Date by which students were required to lodge any objection to the production of their information (name, work location, job shift and job classification) under the first subpoena to the NLRB.
Oct. 18: Date by which NLRB subpoena mandated Vanderbilt produce student information (name, work location, job shift and job classification) under the first subpoena.
Oct. 18: Per the NLRB’s process, Vanderbilt notified students about the second subpoena and their legal right to object to disclosure of private information maintained by the university.
Oct. 21: Hearing began to determine whether an election should happen and who would be eligible to vote if an election is ordered.
Oct. 29: Date by which students were required to lodge any objection to the production of their information under the Second Subpoena to the NLRB.
Dec. 12: UAW notified the NLRB that it wanted to withdraw its petition to represent graduate students in collective bargaining and its related demand for recognition.

Email Communications to Students

Notification of Petition: Oct. 4FERPA Notice (First Subpoena): Oct. 8Update on FERPA: Oct. 16Important Update on Unionization Process: Oct. 17FERPA Notice (Second Subpoena): Oct. 18Privacy Notice: Oct. 24Town Hall Invitation: Oct. 25Hearing Update: Nov. 1Petition Withdrawal: Dec. 16

Our Position

Vanderbilt’s position is that our graduate students are students. Everything students do at Vanderbilt supports their educational goals. Our students enroll at Vanderbilt to gain a world-class education, including experiential opportunities for the practice of instruction and research that will prepare them well for their future careers as academics, scholars, and professionals.
We believe graduate students do not meet the definition of employee under the National Labor Relations Act because they do not perform work in exchange for compensation. Further, if our graduate students join a union, they will be changing the relationship between themselves and our faculty in a way that we do not believe fosters the educational environment best suited for student learning.
In our current model, graduate students are supported by our faculty in mentor-mentee and faculty-student relationships. Were our graduate students to unionize, these relationships would be legally defined as employer-employee relationships. Such a change could significantly alter our students’ academic experiences and the nature of their relationships with our faculty.
We believe that Vanderbilt can best meet the varying individual needs of our graduate students by working directly together, without a third party like a union in the relationship.

Vanderbilt believes that graduate students are best served by remaining union-free for several reasons:

Unionization could alter the mentor-mentee relationships between graduate students and faculty. By converting the mentor-mentee relationship to that of employer-employee, our graduate students’ relationships with faculty could become more formal, structured and legalistic, rather than personal and flexible. We believe that such a change could alter the strong academic partnership that is formed between students and their mentors.
Vanderbilt prefers to deal directly with its students, and does not want to involved a third party like a union, which has its own financial and political motives. Historically, unionization’s collective bargaining model was designed for the industrial workplace, not educational institutions. Currently, our graduate students, faculty and university administrators make up a single team focused on our common goals of learning, discovery and degree attainment. Under unionization, the university and the union will sit on opposite sides of the bargaining table to discuss terms and conditions for graduate students, divided by the union’s objectives which could be unrelated to Vanderbilt or the quality of our students’ educational experience.

Enhancements to Doctoral Education

Vanderbilt is fully committed to its graduate students, providing outstanding academic opportunities and financial support to assist them in furthering their educational goals. In recent years, in response to feedback from graduate students and the Graduate Student Council, the university has invested millions to increase graduate student stipends-most recently in February of this year. These stipends are part of a robust financial aid package provided to all graduate students. The university has made other significant investments to enhance the graduate student experience, including:

The designation of housing emergencies as a qualifying event for receiving up to $2,000 per year from the Student Critical Support fund, starting in August 2024.
A recent commitment to hiring a dedicated housing resource officer.
A Student Health Insurance Plan that, as of this academic year, includes dental insurance and coverage for an annual vision exam.
An additional $140,000 to support doctoral research and travel through Vanderbilt Awards for Doctoral Discovery, made available in 2023.
As of fall 2022, a $500 per student Candidacy Student Success Supplement for Ph.D. students who complete their qualifying exams.
As of July 2022, a $2,000 per student Launching Student Success Stipend to support the transition to graduate school.
As of spring 2024, an investment of $107,500 to recognize scholarly excellence by awarding top scholars with the Provost’s Pathbreaking Discovery Award.

For more information about enhancements made in recent years regarding Vanderbilt’s commitment to graduate education, visit https://gradschool.vanderbilt.edu/.

FAQs: Union Basics

What is a union?

A union is an organization that serves as a representative for a group of employees to negotiate with an employer over wages, hours, and other terms and conditions of employment.
What are union dues and how are they calculated?

A union is typically funded by their members through membership dues and initiation fees in exchange for providing its representation services. The amount of dues is decided by unions and their members. Sometimes dues are a flat annual rate, while other times they are a percentage of wages. In addition to dues, unions may also rely on initiation fees to fund their organization.Tennessee is a right-to-work state, so people represented by a union cannot be forced to pay union dues as a condition of employment. Represented individuals who do not join the union or pay dues are still exclusively represented by the union and would have to abide by the terms the union negotiates in any collective bargaining agreement.
What does the union do with the money it collects?

A union is a business. Union dues provide revenue to the union and can be used to pay salaries and benefits of union officials and office employees, rent, office expenses, insurance, car leases, etc. for union staff. Unions may also use dues to make political contributions or to advocate for a particular cause.
What is the NLRB?

The National Labor Relations Board (NLRB) is an independent federal agency charged to administer the National Labor Relations Act (NLRA). The NLRB issues rules and guidance under the NLRA, conducts secret-ballot elections, prosecutes violations of the NLRA (unfair labor practices), and issues decisions interpreting the NLRA. The board has up to five members, who are political appointees, typically with three members from the party in power and two from the minority party.
What does it mean for a union to be certified?

Certification refers to the NLRB process that officially recognizes the results of an election. After an election concludes, the NLRB will evaluate whether there are any outstanding determinative challenges (i.e., more challenged votes than the difference between Yes and No votes) or objections to the election from either party and, if not, will certify the election results. If the union wins the election, the union, upon certification, will be officially recognized by the NLRB as the exclusive bargaining representative of a group of employees.
What is a bargaining unit?

In an employment setting, a “bargaining unit” is a group of employees who have common terms and conditions of employment that the union seeks to organize as one group. A union negotiates on behalf of a bargaining unit it represents to establish collective terms and conditions of employment, such as salary and benefits. Bargaining units can be small, representing a sub-section or smaller group of employees, or they can be large. To be in a bargaining unit, an individual must be an “employee” as that term is defined by the NLRB.
What is an authorization card and why do unions collect them?

Authorization cards are signed, written, or electronic declarations submitted by members of a potential bargaining unit (employees) stating that they want a particular union to be their exclusive representative for the purposes of negotiating the terms and conditions of their employment. Typically, unions collect authorization cards as part of an organizing drive-that is, an attempt to show that there is an interest in unionizing and a desire to have the union serve as their designated, exclusive bargaining agent. A union can then submit authorization cards to demonstrate a sufficient showing of interest to either ask the NLRB to conduct a secret-ballot representation election or to request that the employer voluntarily recognize and bargain with the union without an election.
If I sign a union authorization card am I required to vote “yes” for unionization during the election?

No. If an election is held, you do not have to vote for the union even if you signed an authorization card. Once a union is in place, however, it represents all individuals performing work in the petitioned-for unit, even those individuals who did not vote in support of the union and those who do not choose to join the union or pay them dues, and it is difficult to decertify (remove) a union if it is voted into existence.
Is there a mechanism where those opposed to a graduate student union can voice their dissent?

Yes. Vanderbilt encourages students to hear varying viewpoints to aid them in making an informed decision. Encouraging the acquisition of knowledge is consistent with our values at the University, and we believe it is in the best interest of our students. Graduate students are encouraged to share their experiences, views, and opinions on unionization.Just as the NLRA protects the rights of those in support of a union, the NLRA also protects those who oppose a union. Those who are opposed to unionization at Vanderbilt may freely express their opinion to the Vanderbilt community, administration, faculty, and other graduate students without fear of reprisal and may freely organize in opposition to any union efforts if they so choose.
Tennessee is a right to work state. What does that mean?

As a right-to-work state, bargaining unit members in Tennessee cannot be forced to join the union or pay dues as a condition of employment. However, represented employees who opt-out of paying dues or participating in union membership in right-to-work states are still exclusively represented by their union for the purposes of their terms and conditions of employment and would have to abide by the terms contained in any collective bargaining agreement that the union negotiates. Only dues-paying union members get to set the bargaining terms and vote on terms and conditions of employment that apply to all individuals in the bargaining unit.

FAQs: Union Election

When would an election be held?

We do not yet know if or when an election will be held. Currently, the NLRB proceedings have been enjoined from proceeding by the United States District Court for the Middle District of Tennessee, as a result of Vanderbilt’s assertations that the NLRB’s Regulations conflict with FERPA and its regulations.
How is the vote determined?

An election to certify a union as the bargaining representative is decided by a majority of the valid votes cast in the election (meaning 50% +1): A “Yes” vote means the voter wishes to be represented by the union; a “No” vote means the voter does not want to be represented by the union. A tie vote means the voters have chosen not to be represented by a union.
Who is eligible to vote?

This depends on whom the union seeks to represent and the NLRB’s decision on who is eligible to vote in a union election. Only employees can be in a bargaining unit and there are legal rules about what constitutes an employee and the types of employees that can be collectively grouped into a single bargaining unit.
If we had an election would my vote be anonymous?

Yes. If a vote were to occur, voting is by secret ballot, and the election is conducted by an employee of the NLRB.
Can faculty and students speak to one another about unionization?

Yes. Faculty and students may speak to each other about unionization. University administrators respect the personal opinions and privacy of our graduate students, and the university will not interrogate students about their union views.
Would there be consequences if I express my views on unionization?

No. It violates the National Labor Relations Act, university policy and our values to retaliate against a person because of their union views.
What would the union get by winning an election?

Absent legal challenges ,the union would get the right to ask employees to pay monthly dues in order to be a voting member and to serve as your legal exclusive representative with the university regarding your terms and conditions of employment, including wages, benefits, and all other issues surrounding the terms and conditions of your employment. The union would have the right to speak for you on all covered issues with the university (for example, this would include conversations related to your hours of work, duties and any requests for flexibility in schedule or work assignment), and the relationship between you and the university will likely not be as it was prior to the certification of the union, simply because the union now stands in the position as your representative. For many of the reasons articulated earlier, we believe that this change is not in the best interests of our graduate students.

FAQs: Collective Bargaining

How does collective bargaining work?

Collective bargaining is the process by which a union and an employer negotiate the terms and conditions of employment, including pay, benefits, and working hours for members of a designated or certified bargaining unit. Collective bargaining is generally conducted in a series of meetings at which representatives of both the union and the employer exchange written proposals and come to agreement regarding those proposals. Federal labor law requires that parties to collective bargaining engage in good faith negotiations, meaning that the union and the employer meet, confer, and consider each other’s proposals with a genuine desire to reach an agreement. The law does NOT require than an agreement be reached.
Who would sit at the bargaining table?

Typically, representatives of the employer and the union would sit at the bargaining table to negotiate a collective bargaining agreement. The employer gets to choose who represents its interests at the table, and the union gets to select its representatives in bargaining.
Would all members of the bargaining unit be represented by the union, even if they are not a union member?

Yes, whether or not an employee is a member of the union, all individuals in a represented bargaining unit are represented by the union and are covered by the terms and conditions of the union contract. The law does not allow employers to deal directly with represented employees about their terms and conditions of employment even if they choose not to be union members.
Could the university make an exception for me and not require that I follow a section of the union contract if I didn’t agree with a particular section?

No. A union contract is a binding contract on all bargaining unit members and, unless the contract states otherwise, exceptions are not allowed.
What can a union bargain for? What matters are not subject to negotiation?

The National Labor Relations Act requires employers and unions to bargain collectively and in good faith with respect to “wages, hours, and other terms and conditions of employment”-concepts that the NLRB and federal courts have interpreted broadly. However, the NLRB and the federal courts have little experience in analyzing what are “terms and conditions of employment” for PhD students whose teaching and research are part of their graduate training. The NLRB and Supreme Court have developed the distinction between mandatory bargaining subjects (i.e., wages, hours, and other terms and conditions of employment), and permissive subjects (i.e., subjects that are nonmandatory yet proper topics for bargaining in that addressing or resolving them in bargaining will not conflict with federal or applicable state law). It is unknown, however, whether matters that are purely academic (such as assignment of grades for academic performance, dissertation committee assessments and decisions regarding who is taught, what is taught, how it is taught and who does the teaching) would be pressed by the union during bargaining if graduate students were unionized.
Will graduate students’ stipends increase if the union represents us? How will this impact other benefits?

Assuming that graduate students were ultimately determined to be employees and appropriate members of a bargaining unit, there is no way to predict what would happen to anything determined to be compensation or employment benefits.
What happens if a union and the university cannot agree on a labor contract?

Both the union and the university have a legal duty to bargain in good faith, but the law does not require the parties reach an agreement. It is possible that parties could reach an “impasse” or a point in collective bargaining where, despite good faith bargaining, the parties reach a point where further negotiation would be fruitless as neither side will move from their respective positions. Determining when the parties have reached an impasse is rarely clear cut and often leads to litigation. If an impasse is reached, the law allows the parties under those circumstances to resort to certain economic weapons, such as a strike or a lockout.
Many state universities have unions. Wouldn’t it be the same here?

From a legal perspective, there are fundamental differences between state and private universities. State universities are subject to state labor laws, many of which expressly exclude academic decisions from the collective bargaining process. Vanderbilt, as a private university, is subject to federal labor laws. Federal labor law has not been tailored to address the needs of higher education. As a result, there is a greater possibility that unions could attempt to involve themselves in academic matters at private universities like Vanderbilt. There are also differences in the roles graduate students serve in public and private universities. At public universities, the teaching opportunities and remuneration for doctoral students are often tied directly to the cost of educating undergraduates. At private universities, support for graduate students is not tied to how much it costs to teach undergraduates. Rather, teaching and research is viewed as a primary part of the educational experience for our graduate students. At Vanderbilt, we have put policies in place to ensure that graduate students devote a majority of their efforts to their own academic experience as students.

What options are currently available for graduate students to have a voice and real input into their academic life at Vanderbilt?Vanderbilt strives to create an open and collegial atmosphere, where all members of the campus community feel they have a voice. Through the Graduate Student Council (GSC), our graduate students have real opportunity to influence their educational opportunities. For example, the GSC has been very active in conversations with the Provost and Deans on issues that relate to student stipends, student housing, mental health, dental and vision benefits, and in soliciting and organizing suggestions and proposals as they relate to future investments in graduate education and research. We encourage you to participate in these discussions, making sure your voice is heard.

Graduate Student Council