This past May, thousands of Penn graduate students voted to form a union with over 95% voting in favor. This union at Penn (GETUP-UAW) will soon be the latest in a wave of graduate student unions formed over the past few years. As of 2023, over a third of all graduate students in the US (38.2%) are under union representation with a 133% increase in representation since 2012 (1). The continuous stream of information throughout the unionization process has been hard to keep straight, and the updates and legal jargon will only increase as contract negotiations continue. Therefore, we have put all the information you need to know about the unionization movement at Penn in one place. Here, we hope to answer some of the most pressing questions about the union, what’s happening now, and the next steps.
What is GETUP-UAW?
GETUP-UAW stands for Graduate Employees Together - University of Pennsylvania / International Union, United Automobile, Aerospace and Agricultural Implement Workers of America. GETUP-UAW is a group of graduate student teaching and research employees across the University of Pennsylvania who have unionized to “improve our working conditions at Penn and to strengthen our collective voice as teaching and research assistants locally and nationally” (2). GET-UP is the local union lead by and made up of Penn graduate students while UAW is the international union that GET-UP has affiliated with.
Why is GET-UP joining UAW?
UAW is one of the biggest and most diverse unions in the US. Importantly, UAW has successfully supported many graduate student unionization movements and therefore has expertise and a framework that GET-UP can rely on. As of 2023, UAW represents nearly half (42.6%) of all graduate student unions nationwide (1).
As a CAMB student, am I required to join the union?
No, membership in the union is not required and cannot be required by law. The decision on whether to join GETUP-UAW or not is entirely up to you.
Who can join the union?
First, we must distinguish between being in the union and in the “unit”. The union is a group coming together to support the unionization effort. The unit includes those in a job position protected by the union contract. You can be part of and active in the union without being in the unit. You also can be in the unit without being a member of the union.
As of the date of this publication, Teaching or Research Fellowship Recipients are currently in the unit while Educational Fellowship Recipients (ERFs), which include pre-preliminary exam first and second year BGS students, are not. While the Penn administration is trying to exclude ERFs from the unit, GET-UP is negotiating a contract to cover all graduate students who perform teaching or research labor, including ERFs.
Unsure whether you are in the unit? Check your official title on your Workday account.
Can international students join the union?
Yes. International students have the same rights as US citizens under the National Labor Relations Act to participate in union activities regardless of immigration status (4,5). For more information, please refer to GET-UP’s international student FAQ page (5).
How do I join the union?
Any graduate student, whether in unit or not, can participate in union activities. Formal union membership will occur after Penn graduate students agree to a contract with Penn administration. Until then, you can sign up for a GETUP-UAW authorization card without a fee which will allow you to vote in any union elections. This can be done through the GET-UP website here.
Can I be punished by Penn for joining the union?
No. The right to unionize is protected by the National Labor Relations Act. Under the law, an employer is forbidden from punishing employees who join a union (5). Employers may not threaten the loss of job or benefits nor fire or otherwise punish employees due to their union engagement (4). Therefore, neither Penn nor your PI can kick you out of the program, withdraw your healthcare, or otherwise punish you for joining the union or participating in union activities. Additionally, neither Penn nor your PI can ask if you are a union member or actively discourage you from becoming a member or participating in union activities.
What’s happened so far?
A lot has happened since the current unionization movement began last year. Here’s a timeline to get you caught up.
Spring 2023
The GETUP-UAW unionization campaign went public.
October 2023
GETUP-UAW filed for an election with the National Labor Relations Board (NLRB).
Penn administration responded to the petition for a union election, asserting that certain students, including EFRs, should be excluded from the proposed unit.
November 2023
GETUP-UAW testified in NLRB hearings as to why EFRs should be included in the unit after Penn’s attempt to exclude those students.
March 2024
NLRB directed that an election be held for graduate students to decide on the formation of a union (GET-UP).
NLRB defined the unit, ruling with Penn administration’s request to exclude EFRs from the vote.
GETUP-UAW requested that the NLRB conduct an expedited review of the exclusion of EFRs from the vote.
April 2024
The NLRB ruled that EFRs could vote in the election, but those votes would be “subject to challenge” as EFR eligibility had not been formally agreed upon by all parties.
The union election was postponed after Penn administration claimed they needed additional time to accommodate the inclusion of ERFs in the election.
May 2024
Over 2,300 Penn graduate students voted in the union election.
The NLRB certified the GETUP-UAW union following the 95% supermajority of Penn graduate students voting to form a union.
July 2024
Penn graduate students elected 19 of their peers to serve as the 2024 GETUP-UAW Bargaining Committee.
August 2024
Over 1,400 Penn graduate students completed the bargaining survey, allowing the Bargaining Committee to understand which issues to prioritize in their drafts of the Initial Bargaining Demands (IBDs).
September 2024
The Bargaining Committee released the IBDs for ratification by Penn graduate students.
October 2024
Negotiations over a union contract began between the Bargaining Committee and the Penn administration.
So, what happens next?
Throughout the past several months, the elected GET-UP Bargaining Committee incorporated feedback from over 1,400 bargaining surveys and graduate student working groups to draft IBDs for the Penn administration. Following ratification of those IBDs by over 2,000 students, the Bargaining Committee began contract negotiations with the Penn administration on October 17th. Negotiation dates have been scheduled through the end of the year (listed below) and will be added as needed until an agreement is reached.
October 17
October 30
November 6
November 21
December 5
December 9
How does bargaining work?
The bargaining process, formally called collective bargaining, involves negotiation between elected peer representatives (the Bargaining Committee) and their employer (the Penn administration). The Bargaining Committee and Penn will bring forward demands and negotiate on their inclusion and language in the pending union contract. Both GETUP-UAW and Penn are legally obligated to bargain in “good faith”, meaning active participation in negotiations with the intent to reach an agreement or find common ground (6). While neither party can be forced to compromise, refusal of either party to bargain would violate the legal obligation to bargain in good faith as just one example (6,8,9). Any accusations of bad faith on either side are brought before the NLRB for a ruling (6).
If the Bargaining Committee and the Penn administration reach an agreement, a contract called a tentative agreement will be put forward to all Penn graduate students for a ratification vote. If a majority vote in favor, the tentative agreement becomes a legally binding union contract with Penn. If a majority oppose the tentative agreement, negotiations continue and the process repeats (3).
If the Bargaining Committee and the Penn administration cannot reach an agreement, an impasse could be declared (6). This result is extremely unlikely and would require months of no progress in negotiations despite good faith being upheld as determined by an NLRB review.
Who is on the Bargaining Committee?
The 2024 GETUP-UAW Bargaining Committee is made up of 19 Penn graduate students elected by their peers as representatives for negotiations. The diverse collection of members includes representatives from graduate programs across Penn, including the following schools:
Perelman School of Medicine Biomedical Graduate Studies (including 2 CAMB students)
Annenberg School of Communication
Carey School of Law
Graduate School of Education
School of Arts and Sciences
School of Engineering and Applied Science
The Wharton School
What are the Initial Bargaining Demands?
The Initial Bargaining Demands (IBDs) are a list of union contract demands aimed to improve the well-fair and working conditions of Penn graduate students. The Bargaining Committee drafted these IBDs to reflect concerns expressed by current graduate students and will present these demands to the Penn administration during negotiations. The IBDs released by the Bargaining Committee can be read here. Keep in mind that GETUP-UAW has stated that these IBDs are intentionally broad and do not reflect the exact wording that has been brought forward during contract negotiations.
Are there any important takeaways from the first three negotiation sessions?
The first three negotiation sessions took place on October 17th, October 30th, and November 6th. You can follow the progress of negotiations through the document linked here, including PDFs with the proposals and tentative agreements from each meeting.
How long is this going to take?
No one can say for sure. Negotiations will continue until GETUP-UAW and Penn administration can reach an agreement. While the typical time to reach an agreement is around one year, this process could take as little as a few months or could extend beyond a year.
Will graduate students have to go on strike during negotiations?
No, a strike is not necessarily required to reach an agreement as many graduate student unions have reached a tentative agreement without resorting to a strike. However, the Bargaining Committee could call for a strike during negotiations if they conclude that the Penn administration is acting in bad faith or has committed an Unfair Labor Practice. The formal decision to strike is made democratically through an election and requires a supermajority of graduate students to vote in favor. Thousands of graduate students would have to agree that a strike is the only path forward. A representative of GETUP-UAW has stated that the decision to call for a strike will not be taken lightly.
For more information on strikes, please refer to our article on Strike-related FAQs here
What happens once negotiations are done and a contract is reached?
Once the tentative agreement reached by the Bargaining Committee and the Penn administration has been ratified by a union vote, GETUP-UAW will become an official union.
After a contract has been negotiated, all authorization card holders will be asked to sign an official membership contract for their union card, pay the initiation fee, and begin paying union dues. Those who currently hold authorization cards do not automatically become union members and must sign the membership contract to become an official union member. All members with union cards must begin paying union dues and all non-members must begin paying the negotiated agency fee.
What are union dues and do I need to pay them?
Union dues are monthly fees paid to the union by union members. As independent institutions, unions require such dues to maintain the ability to negotiate against well-resourced employers like Penn. Members of GETUP-UAW will be required to pay dues once the first contract is ratified by a majority vote and they have received a membership card. Additionally, a one-time initiation fee will be required for new union members.
As of the date of this publication, UAW membership dues are between 1.15%–1.44% of your gross monthly income (3,7). So, assuming our current annual CAMB stipend of $41,500, union dues at 1.44% would be approximately $50 per month for a total of $600 per year. The cost of union dues is typically accounted for in the negotiated stipend raise during bargaining. While UAW sets a minimum dues percentage, any increase in membership dues is decided democratically at the local level.
The initiation fee is set by each local union. While not yet decided for GET-UP, many other UAW graduate student unions have an initiation fee of around $10 for new members (3).
Will students who are not union members be required to pay union dues?
Only union members are required to pay union dues. However, non-members that are in the unit are typically required to pay an agency fee (AKA a “fair share” fee) to the union. This fee would account for the universally improved working conditions and benefits for all in-unit graduate students at Penn resulting from the union’s efforts. Agency fees are subject to negotiation between the union and the employer.
Agency fees are usually comparable to union dues and would be accounted for in the negotiated stipend raise during collective bargaining. The exact amount of this fee will be determined by GETUP-UAW in the by-laws once a contract has been secured. A GETUP-UAW representative has stated that the agency fee will not be any higher than union dues.
What are union dues/fees used for?
Union dues are used for a variety of efforts at the local and national level. Dues are allocated to the local union (GETUP-UAW) or the international union (UAW) as follows (3,7):
28 - 38% Local union
25 - 32% UAW General Fund
30 - 44% UAW Strike and Defense Fund
2.5% Community Action Programs
The use of local GET-UP funds is democratically decided through the approval of an annual budget (3). Some examples of local initiatives include union education and recruitment, advising members filing grievances, and local events (3).
Dues allocated to UAW fall into three categories. The General Fund supports contract negotiation of future unions, advocacy for federal policies, and guidance during arbitrations with an employer (3). For example, the UAW lawyers that helped GET-UP during this process were paid for through the General Fund. The Strike and Defense Fund is used for legal arbitration and aid, strike pay, and strike benefits for local unions on strike (10). Finally, the UAW Community Action Program is a non-partisan, community engagement effort to improve general welfare (7).
I still have questions. Who do I talk to?
If you have any more questions or want to get involved with GET-UP, you can reach out to either of the CAMB graduate students currently serving on the Bargaining Committee. You also can reach out to GET-UP through the interest form found here.
Emily Aunis (MVP): Emily.Aunins@Pennmedicine.upenn.edu
Austin King (G&E): Austin.King@Pennmedicine.upenn.edu; 301-906-1812
References
https://www.nlrb.gov/guidance/key-reference-materials/immigrant-worker-rights
https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/employer-union-rights-and-obligations
https://uaw.org/wp-content/uploads/2024/06/Updated-2022-Constitution-6-7-24-1.pdf
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/collective-bargaining-section-8d-8b3
コメント