Guidance for Chairs Regarding Graduate Student Union Negotiations

Dear Department Chairs and Administrators,

The University’s principles and goals for collective bargaining support our mission. In all our collective bargaining relationships, we focus on achieving our mission by emphasizing the importance of quality, individual and institutional accountability, efficiency, flexibility, and ensuring a safe and respectful work environment. We also recognize that all our collective bargaining activities must occur within the constraints of our fiscal resources and our commitments to financial aid, safe and sustainable buildings, staff and faculty compensation, and efforts to promote a diverse community. For more on the University’s guiding principles and approach to working with unionized employees, please visit go.tufts.edu/laborrelations.

Graduate students are first and foremost students. Our relationship to them is first educational and academic and only secondarily as employers. In terms of their roles as TAs and RAs, we want to emphasize that they are not full-time employees. TAs and RAs work 20 hours/week on average, and the rest of their time is spent as students. However, because their work is part of their education and training, this distinction between student and employee can become blurry.

As we continue the process of negotiating with our graduate assistant union, you must be mindful of the University’s legal obligations under the National Labor Relations Act. You are considered agents of the University for labor purposes, and thus you are subject to those obligations, Accordingly, you must follow the guidelines below.

Do not ask students their position on unionization or for the names of individuals associated with the union/union leadership or their views on the negotiations. If you need clarity as to whether a given graduate student is in the bargaining unit, please contact the GSAS Dean’s Office. Do not ask the students themselves. Do not ask for information about the organizational structure of a union, or what transpired at union meetings or ask for any information about the union’s bargaining position at the table. It is acceptable to listen if a student volunteers this information, without probing for additional details but in general you should not be discussing collective bargaining with individual students.
Do not ask any questions of students regarding possible striking.
Students have a right to file grievances under the union contract and there is a procedure for dealing with grievances. Accordingly, if a student has filed a grievance or complaint, do not discuss the matter with the individual student without guidance from the Dean. Do not make any critical comments or otherwise intimidate the student because they filed a grievance.
Threats and intimidation are strictly prohibited. Threats to a student’s status or conditions as a means to influence a student’s position, opinion or actions related to union activity or negotiations (or any other issue) are not permitted. Implied threats are also prohibited, such as speculating on the outcome or implications of collective bargaining.
Do not threaten adverse consequences based on a student’s individual position or opinion nor should you criticize the union’s position at the bargaining table to any of the students. Such matters are appropriately left to the University’s bargaining team. Likewise, remember that you cannot unilaterally grant any special favors, benefits, or compensation to graduate assistants without checking with the GSAS Dean’s Office as to the legality of any such action. Further, do not reward or promise benefits to students based on an individual student’s position or try to influence in any way the union’s position at the bargaining table.
Students must be free to meet, organize, and discuss issues related to unionization with the expectation of privacy. It is not permissible to eavesdrop or conduct any type of surveillance or to ask students about what happened in such meetings.
During their free time, students are free to engage in non-disruptive organizing activities–such as soliciting other students to support or oppose a union. Organizers who are not students are permitted the same access to University premises as other guests and visitors. Organizers may not interfere with or disrupt University business.

Please share this email with any faculty in your department who supervise PhD students and any staff who provide support to your PhD program. If any faculty or staff have questions, please have them email barbara.brizuela@tufts.edu.

Sincerely,

James M. Glaser
Dean of the School of Arts and Sciences
Professor of Political Sciences

Bárbara M. Brizuela
Dean, Graduate School of Arts and Sciences
Professor of Education