Letter to Students from Deputy Provost Peter Conn

October 16, 2001

Dear Graduate Student:

Re: Union Authorization Cards

This past spring GET-UP and the American Federation of Teachers started a campaign to create a graduate student labor organization at Penn. With regard to graduate education, Penn’s primary mission is to provide graduate students with a first-rate education and premier professional training experience in their discipline. My own belief is that a union is both unnecessary and detrimental to that objective. According to a recent story in the Chronicle of Higher Education, a survey of stipends at forty or so leading research institutions, indicates that graduate student stipends are higher at those universities whose students are not represented by unions.

I do not believe that our graduate students are employees. Nonetheless, I would like to emphasize that Penn is committed to academic freedom, freedom of expression, and a full and free exchange of issues among members of the Penn community, including the issue of potential graduate student labor organization. With that goal in mind, frequently asked questions and answers are available.

Recently, GET-UP/AFT announced that it has started to circulate and to ask graduate students to sign union authorization cards. Before signing these legally binding documents, students may want to consider the various ways union authorization cards may be used. This letter will attempt to answer some of these questions.

Usually, union authorization cards are used to seek an election from the National Labor Relations Board (NLRB). However, union authorization cards have more significance than simply to request an election from the NLRB. They are legally binding documents. A standard union authorization card does not merely ask for an election, it is also an application for membership in the union. Standard union authorization card legally bind the signer to the union’s bylaws and constitution, and subject the signer to union discipline, fines and assessments. For example, the AFT graduate student union constitution at the University of Wisconsin-Madison states: "A member in good standing is one who carries out the directives, supports the policies, and pays all dues approved by the membership of the Association." Similarly, the AFT graduate student union constitution at the University of Wisconsin-Milwaukee states that "A member may be expelled from the Union upon the bringing of charges written and signed by ten percent of the membership … a majority vote of the EC [Executive Committee] shall cause an expulsion hearing to be held …."

Before signing a union authorization card, consider whether you want to be required to carry out all of the directives and support all of the policies of GET-UP.

In addition, a standard union authorization card authorizes the union to bargain on the signer’s behalf, and in effect grants power of attorney to the union to represent the signer in matters concerning the terms and conditions of employment.

Moreover, while a union can use union authorization cards to request an election from the NLRB, the cards also can be used for much more. If the union gets a majority of graduate students to sign its cards, it can try to obtain recognition without giving everyone involved a chance to vote. In fact, this past spring GET-UP asked the administration to agree to waive the formal protections of individual rights afforded by the National Labor Relations Act and agree to a procedure that would recognize GET-UP as the graduate student’s representative without a secret ballot election.

You should know that individuals have the right not to sign a union card, particularly if they are undecided about the union or if they have decided that they do not support the union. Individuals also have the right to ask for a signed authorization card back, if they change their mind about signing.

Finally, I know that there has been much concern over the details of the current student health insurance plan. As I have explained to the many students I have met with, the Student Health Insurance Advisory Committee worked diligently to provide the best plan possible. For purposes of this letter, let me point out that the student health plan is not among the terms and conditions of employment over which a union could negotiate. A potential labor organization such as GET-UP will have no right to negotiate over a student benefit such as health insurance.

You do not need to sign a union authorization card in order to engage in a discussion concerning unionization at Penn, where freedom of expression and freedom of inquiry should be paramount. Free and open discussion lays the foundation for positive relationships and sound decision making. I look forward to more discussion on this topic, and I encourage you to bring your questions or concerns about the union to my attention.

Sincerely,

Peter Conn
Deputy Provost

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