Results from the push for graduate student unionization have been put on hold _ possibly for years _ as the University appeals last spring's vote to the National Labor Relations Board (NLRB).
Complications in the unionization process have also arisen since last April because United Auto Workers (UAW) has challenged the voting status of a number of Teaching Assistants (TA) from the Fletcher School of Law and Diplomacy. UAW found grounds to question their votes because they felt these students were not true employees of the school, but merely "casual employees" _ the difference being the amount of time and money devoted to their TA position.
The contested ballots were placed aside. The results of the election, organized so that graduate students could decide whether they wanted to join the UAW and have the union negotiate for them, were sealed indefinitely until a decision can be reached by the federal NLRB.
Only graduate students with a TA or Research Assistant position could vote because they were the students determined by UAW to be the most affected by the formation of a union.
Tufts chose to appeal the decision from the regional wing to the federal wing of the NLRB _ an action taken by many of the schools where graduates students have been declared employees.
The lack of progress has left many people on both sides of the issue frustrated. "Starting a union has, in effect, frozen the status quo," organizer of the anti-union student group, Why Have a Union at Tufts (WHUT), Kendal Wolf said. "We're here to work and study and this is taking up an unnecessary amount of time."
"It's disappointing. It can feel like the ball's out of our hands," said Association of Student Employees at Tufts (ASET) President Joe Ramsey.
The decision process is further lengthened by the fact that the NLRB must consist of five appointees and at the moment there are only three. One member's term ends this December, and two are only temporary judges appointed by US President George W. Bush during a congressional recess.
Adding to the delay are the appeals by other universities _ including Brown and Columbia _ which are ahead of Tufts' appeal on the NLRB's agenda.
Little progress has been made in the meantime, partially due to the University administration's contentment with the current system of giving stipends to individual departments and letting them determine TA and Research Assistant salaries.
Despite controversies over voting, the main reason for the lack of progress on improving graduate student salaries and medical coverage is that Tufts cannot institute a change while awaiting the federal NLRB decision.
Offering concessions would actually work against the University, according to Executive Vice President of Tufts Steve Manos. "There might be an opportunity on the part of the union... to claim unfair labor practices."
Negotiations Tufts makes with its graduate students could be seen as an attempt to undermine the UAW, WHUT organizer Brian Comeau said. "[Administrators] have their hands tied behind their back," he said.
Tufts, however, is still looking to create a higher end health plan on the Medford campus for graduate students, according to Manos.
In the event that the NLRB rules in favor of unionization, the question of what to do with the contested votes still must be decided. Although, it is possible that the still private initial graduate vote was against unionization.
All parties would prefer a swift decision from the NLRB, but said that it is unlikely. "I hope for a ruling in the spring," Ramsey said.
Wolf was not as optimistic. "I'm thinking on the order of years."
The concept of the formation of a graduate student union at Tufts began to gain acceptance on campus last spring. Some graduate students supported the idea of becoming part of the UAW _ one of the largest and most powerful labor unions _ in an attempt to improve the quality of life for graduate students at Tufts, and specifically to increase TA salaries.
Another goal was to improve medical coverage for graduate students at the Medford/Somerville campus to bring it to the same level as students at the Boston campus.
"Unionization has been very successful at a number of universities at increasing graduate student stipends, [and] graduate student benefits," Ramsey said.
Graduate students at other universities, such as UMass, Amherst and New York University (NYU) have successfully unionized in recent years. At other schools, including Brown and Columbia graduate students had considered joining the UAW at the same time as Tufts.
Members of WHUT feel that the graduate students' role at Tufts is to be a student first and foremost, not to earn substantial wages. "We knew well what we were getting into," when we accepted graduate positions, WHUT organizer Jason Walker said.
Other graduate students felt that they should not unionize for many reasons, including the possibilities of lengthy contract negotiations, a reduced number of TA and RA positions, and the elimination of individual voices and concerns.
A series of court hearings with the regional wing of the NLRB were held in late 2001 on whether graduate students were employees, and had a right to unionize.
Based on a precedent set by NLRB hearings on graduate students at NYU who are now unionized, the court decided in favor of the students, declaring them employees. The fact that graduate students had to prepare resumes to obtain TA positions was also a factor in the decision
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