FACTS 4 PENN POSTDOCS - WHAT PENN LEAVES OUT

On a recently launched website titled “Facts 4 Penn Postdocs,” Penn administrators present a series of prompts and FAQs that mischaracterize the facts about Penn Postdocs’ and Research Associates’ efforts to form a union. While this is disappointing, particularly for an educational institution, it is not surprising. Forming a union provides academic workers with the right to collectively bargain, which helps to equalize the power relationship between employers and employees. For this reason, most large employers, including universities, oppose unionization. Nevertheless, in the past year alone, thousands of graduate employees and postdocs have chosen to unionize. 

It’s particularly disappointing that, amidst historic threats to federal funding for scientific research, Penn is choosing to spend valuable resources to convince its own employees to vote against unionization. During a crisis in which academic researchers are in need of stability and financial security, Penn is electing to fight against us, its own Postdocs and Research Associates, rather than work together with us towards improvements.

Below, please find excerpts from Penn’s website along with additional context, information, and evidence provided by individual Postdocs and Research Associates. Please visit the RAPUP-UAW FAQ on this website for further information, and if you have additional questions or thoughts, please reach out to info@pennpostdocunion.org to get in touch with a fellow Postdoc or Research Associate. 

Penn’s Collective Bargaining Page

https://facts4pennpostdocs.org/collective-bargaining/

WHAT PENN SAYS

WHAT PENN LEAVES OUT

If UAW were to represent both graduate students and postdocs, negotiating conflicts may arise since these groups may have competing interests regarding job duties, responsibilities, and expectations. For example, if UAW negotiates fewer responsibilities for graduate students, postdocs and research associates might have to take on additional tasks – meaning the union could make your job more demanding in order to benefit graduate students. It could also impact your ability to supervise graduate students.

Postdocs and graduate student workers have organized together as part of UAW at many institutions, including Harvard University, Columbia University, the California Institute of Technology, the University of California, the University of Washington, and the University of Connecticut. Although we are at different stages of our careers, we work alongside each other in labs and research centers across campus, and face many of the same issues that we can improve through unionization. Without a union, Penn maintains the unilateral right to determine the working conditions and compensation of Postdocs and Research Associates without our input. By affiliating with the same parent union, and by coordinating our efforts, Penn postdocs and graduate student workers can have more power together to improve our shared workplace through collective bargaining. 

- Will Drayer, PhD, Postdoctoral Researcher, Materials Science and Engineering

If negotiations reach an impasse, it may result in a strike. A strike could result in a loss of income and benefits during the strike period, as well as potential disruption to time-sensitive research activities. An interruption in paid employment may have additional impacts on foreign national visa holders working or training in the United States. We advise current visa holders to contact International Scholars and Student Services prior to voting on July 16 and 17 to understand how a strike may impact you.

If we vote to form a union, all decisions – including the decision about whether or not to strike – will be made democratically by all Penn Postdocs and Research Associates. At the end of the day, Postdocs and Research Associates are organizing a union at Penn in order to bargain in good faith with Penn and improve our working conditions – not because we want to go on strike. Threatening to strike and, in some cases, striking can be a very effective tool to use to ensure that employers agree to a fair contract, but that would only happen if we democratically voted and collectively decided that a strike was necessary. Under the UAW Constitution, two-thirds of workers participating in a strike authorization vote must vote “yes” to authorize a strike. Moreover, if Penn Postdocs and Research Associates were to vote to authorize a strike, the decision to go on strike would ultimately be up to every individual – although such activity would be most powerful and effective if we all participated together. International workers have the same rights as domestic workers under U.S. labor law to engage in strike activity, and since international scholars comprise 60% of the overall Penn Postdoc and Research Associate body, a strike could only be authorized with broad support from international and domestic postdocs alike.

- Emily Perkins, PhD, Postdoctoral Fellow, Psychology

You will be expected to follow the contract – even if you do not like what is negotiated for you. If postdocs become unionized at Penn, you will be required to follow the negotiated labor contract once ratified; there's no opting out. Every single person in the bargaining unit must follow the same rules, even if those rules don't work for your specific situation. The contract could change how you currently do things in ways you might not like. For example, if the union and University agree to new rules about publishing your research, you'd have to follow those rules whether or not they are advantageous to your work. You can't pick and choose which parts of the contract apply to you.

Currently, without a union, Penn has the power to change our working conditions at any time without consulting Postdocs or Research Associates, including in ways that make our working environments worse or make it more difficult to conduct our research. With a union, Penn would be required to negotiate with us over our compensation and working conditions. Postdocs and Research Associates would democratically decide on what we want to bargain for, we would elect a Bargaining Committee made up of Postdocs and Research Associates to negotiate with the university administration, and we would also vote on whether or not to accept any contract that is negotiated with Penn. Together, through a union, Postdocs and Research Associates will have more power and rights to improve our working conditions than we do as individuals. To our knowledge, no postdoc union contract has included policies that impede the ability of postdocs and research associates to publish their research. To the contrary, in their latest contract, postdoctoral researchers at Columbia University won increased protections for postdocs who file authorship disputes with the university’s Office of Postdoctoral Affairs. 

- Lizebeth Gomez, PhD, Postdoctoral Researcher, Biostatistics and Epidemiology

Support for Foreign National Postdocs

PIs and faculty mentors are allowed to apply for multi-year visas for foreign national postdocs who meet the eligibility, providing greater stability for these individuals.

  • No guarantees the union can secure greater support.

  • No such provisions are included in postdoc labor contracts at comparable institutions.

Support for Foreign National Postdocs

It’s a positive improvement that, thanks to recent policy change advocated for by Penn Postdocs, PIs can apply for multi-year visas for international scholars. However, current policy still leaves such a decision entirely up to individual PIs, with Postdocs and Research Associates having little to no say in the process. Moreover, we are aware of some departments that have overruled individual PIs’ support of multi-year visas for individual Postdocs and Research Associates. Meanwhile, postdocs at Caltech recently won 2-year minimum initial appointments that guarantee multi-year visas for international postdocs.

In addition, Penn currently offers no visa fee reimbursement, no paid time off specifically for immigration proceedings, and no job loss protections in the case of visa interruptions. These are benefits that other unionized postdocs have won at peer institutions. For example, unionized postdocs at Mt. Sinai and Columbia negotiated for up to $1,250 per year in visa fee reimbursements. By forming a union, Postdocs and Research Associates at Penn will have the power to negotiate over similar benefits at our own institution. International scholars would also benefit from other provisions that are common in contracts negotiated by UAW-affiliated unions, such as longer initial appointments, protections against unfair terminations, increased childcare and family benefits, and regular salary increases that reflect the value we bring to this institution.

Nelanthi Hewa, PhD, Postdoctoral Fellow, Annenberg School for Communication

Penn’s Unionization Page

https://facts4pennpostdocs.org/union-positioning-vs-reality/

WHAT PENN THINKS POSTDOCS AND RESEARCH ASSOCIATES ARE SAYING

PENN’S “REALITY”

WHAT PENN LEAVES OUT

Unions operate based on egalitarian principles.

Unions are hierarchical, multi-million dollar businesses that have been known to prioritize their own interests over members’ interests. UAW leaders have been sentenced to federal prison for embezzlement and corruption.

The UAW is a democratic organization that values transparency and accountability. In 2020, 14 of 14 former UAW leaders charged with corruption pled guilty. Their actions are appalling, highly unusual, and go against the fundamental values that UAW has upheld for over 80 years. 

Because the UAW is a democratic organization accountable to its values, these former leaders were stripped of their positions and UAW membership — an example of accountability systems working as intended. None of these leaders ever held elected positions in any local unions representing academic workers.

- Bridget Begg, PhD, Postdoctoral Researcher, Biochemistry and Biophysics

By unionizing now, you are securing better working conditions for future postdocs and research associates at Penn.

You are depriving future Penn postdocs and research associates of the right to decide for themselves if they want to be unionized.

When I first went to graduate school in 2016, I was paid $30,000 a year. After my union of academic student employees at the University of Washington, UAW Local 4121, fought for higher wages, I left making $42,000. Graduate workers at that institution now make $47,000. I was grateful that people before me fought to establish a union, and am glad that academic workers continue to participate in their union today.

- Chris Large, PhD, Postdoctoral Researcher, Genetics

A union will hold Penn accountable.

Penn is subject to multiple layers of accountability when it comes to employees. But within a union, there is little accountability or recourse if you are unhappy with the union.

Postdocs and Research Associates at Penn started discussing the formation of a union in 2022 in response to a lack of sufficient support from Penn on a wide range of workplace issues. Despite avenues provided by the Biomedical Postdoctoral Program, the Office of Postdoctoral Affairs, and the Penn Postdoctoral Association, Penn is currently under no obligation to incorporate or respond to feedback through these mechanisms. 

By forming a union, Postdocs and Research Associates will have the right to bargain collectively with Penn over enforceable workplace rights and protected benefits, providing an important layer of accountability that does not currently exist. Unlike now, Penn would be legally obligated to negotiate with Postdocs and Research Associates over our working conditions.

- Pei-Hsun Hsieh, PhD, Postdoctoral Researcher, Philosophy, Politics, and Economics

Everyone has a seat at the table during collective bargaining.

Only the union and the University’s bargaining teams negotiate the labor contract.

Regardless of the various work we all do as diverse employees at Penn, all non-unionized workers face the same fundamental challenge: without collective bargaining rights, the Penn administration unilaterally decides every aspect of our employment. The status quo means that nobody has a seat at the table except Penn administrators. 

Once we have formed our union, Penn will have a legal obligation to negotiate with Postdocs and Research Associates as equals. Individuals will have many ways to participate in the process and make their voice heard, including democratically electing other Postdocs and Research Associates to negotiate with the Penn administration, shaping our goals through surveys, meetings and other forums, and voting to ratify our first contract. Every step of the process is led by Postdocs and Research Associates ourselves.

- Justin Roncaioli, PhD, Postdoctoral Researcher, Pathobiology

Unionizing will bring about immediate change.

Due to status quo requirements, it’s likely that little will change until a labor contract is negotiated, which takes an average of 465 days according to a Bloomberg Law analysis. And the union’s own website has noted many of its first contracts have taken at least 13 months to negotiate.

Postdocs have never claimed that “immediate change” will happen. Collectively improving our working conditions takes time and hard work. And thanks to labor law protections, as soon as Postdocs and Research Associates form a union, Penn will no longer be able to unilaterally change our benefits or other working conditions without bargaining with us. So, for example, if Penn wanted to cut healthcare benefits, we could reject that proposal. On the other hand, if Penn proposed a salary increase, we could agree to have it implemented immediately. 

At other major research institutions where postdocs have formed unions, researchers have been able to negotiate significant improvements despite facing opposition from their employers that led to long bargaining periods. Postdocs at Columbia University, Mount Sinai University of Connecticut, University of Washington, and University of California negotiated for 16 months, 16 months, 13 months, 13 months, and 18 months respectively. But it is also possible to negotiate much more quickly. For example, with a serious commitment to reach a fair agreement by the administration, 4,000 student employees at the University of Washington negotiated their first contract in just under two months. We hope Penn would also commit to an efficient process.

- Ethan K. Gordon, PhD, Postdoctoral Researcher, Mechanical Engineering and Applied Mechanics

Unions will keep the promises they make during organizing.

Unions are under no obligation to keep the promises they make during organizing. Unions often make promises in order to gain support, even though they cannot guarantee they will be able to fulfill those promises.

Postdocs and Research Associates are highly skilled researchers trained to evaluate evidence. As researchers, we are capable of assessing the concrete evidence in contracts negotiated by unionized postdocs at our peer institutions, including the following examples: 

• Postdocs in the University of California system gained two-year minimum initial appointments, as opposed to Penn’s single-year appointments.

• Columbia postdocs won between 14.5% and 20% immediate increases to minimum salaries in their first union contract, and up to 24% increases to minimums in their second. Penn’s recent scheduled pay raise was only $700 for new postdocs, only 1% over the previous year.  

• Mount Sinai postdocs won a 23-26% increase to minimum salaries upon ratification of their first contract.

• Columbia University makes contributions to childcare FSAs for postdocs with children. Penn does not contribute to its postdocs’ childcare FSAs. 

• Columbia University postdocs are guaranteed up to $1250 to cover visa renewals and related travel. International Postdocs and Research Associates at Penn must pay for visa renewal and travel expenses out of their own pockets. 

• Mt. Sinai postdocs are guaranteed security of pay and benefits for the duration of their appointment offer, even in cases of grant and funding cuts. Postdocs and Research Associates at Penn currently have no appointment security. 

Once we vote to form a union, all Penn Postdocs and Research Associates will be able to participate in shaping contract demands and proposals that will form the basis of our union contract.

- Ryan Fair, PhD, Postdoctoral Researcher, Radiology

A labor contract is flexible and adaptable to meet your needs.

A labor contract is generally re-negotiated every 3-4 years, limiting flexibility and responsiveness to factors that may affect you.

Collective bargaining agreements provide stability by ensuring that improvements are carried out by our employer. At the same time, such contracts can remain flexible in a variety of ways. For example, in their union contracts, Postdocs at other universities have negotiated flexible provisions, including:

Minimum pay rates that all departments and labs must follow, but departments or PIs are free to pay higher rates.

Flexible work hours determined by research needs.

We know that we – the Postdocs and Research Associates at Penn – are the union, and we would not want to negotiate a contract that made our jobs less flexible in ways we wouldn’t support. At the end of the day, a contract would only go into effect if a majority of voting Postdocs and Research Associates vote to approve the agreement.

- Marshall Padilla, PhD, Postdoctoral Fellow, Dentistry & Bioengineering

Unions respect individual choice and will let you opt out if you do not want to be a member.

If the majority vote to unionize, the union may try to negotiate language into the labor contract that requires bargaining unit members to either join the union and pay union dues or opt out of joining the union but still pay agency fees (also called representation or fair-share fees) just to keep their job with their employer.

Once we have a contract, Postdocs and Research Associates would encourage all of our coworkers to be part of the union because together, we have more power to make change – but no one is required to be a member of the union. However, since everyone in the bargaining unit receives all the benefits of the union contract, and because unions are legally required to enforce contracts for members and non-members alike, most union contracts include a requirement that non-members pay an “agency fee” (often assessed at the same rate as membership dues), so that the cost of contract negotiation and contract enforcement is shared equitably by those who benefit from them.

UAW membership dues are currently 1.44% of gross monthly income and can only be increased by membership action (e.g., the membership in a few local unions have voted to increase dues above 1.44% to have more resources). In the UAW, there is also a one-time initiation fee, which ranges from $10 to $50 per worker and is determined democratically by local union members.

The value of increased wages and benefits in the first contract typically outweighs the cost of dues, often leading to overwhelming majority approval of those agreements. For example, Columbia University postdocs went from having the lowest minimum salaries for postdocs in NYC to the highest in the first year of their contract, an increase of between 14.5% to 20%, along with guaranteed annual increases and other improvements. The base wages for UC postdocs have gone up by more than 50% since they ratified their first contract in 2010. Penn Postdocs and Research Associates would vote democratically on whether to approve any contract, and we would be able to reject a salary increase that did not more than cover the cost of dues.

- Jani Bilchak, PhD, Postdoctoral Researcher, Psychiatry

Penn’s FAQ Page

https://facts4pennpostdocs.org/faqs/

Unionization 101

PENN FAQ

PENN RESPONSE

WHAT PENN LEAVES OUT

What is a union?

A union, in the United States, is a business whose primary source of revenue are member dues and fees. Members pay the union to negotiate a collective bargaining agreement – also known as a labor contract – on their behalf. The National Labor Relations Board (NLRB) – the federal agency charged with enforcing U.S. labor laws – has held that a union is not legally obligated to uphold promises it makes during an organizing campaign. Unions also cannot guarantee delivery on individual objectives for the contract.

Our proposed union, RAPUP, is an organization led by and composed of Postdocs and Research Associates at Penn. In other words, we are the union. By working together and determining our priorities collectively, we can build more power to improve our working conditions. Currently, individual Postdocs and Research Associates do not have the ability to bargain with our employer as equals over our rights and benefits. Once we have formed our union, Penn will have a legal obligation to negotiate with its Postdocs and Research Associates. Individual workers will have many ways to participate in the process and make their voice heard, including shaping our goals through surveys, meetings, and other forums; running for or electing representatives who will negotiate with the Penn administration; and voting to ratify our first contract. None of this would prevent individual postdocs from discussing working conditions with our faculty supervisors. As an example, all UAW postdoc contracts preserve the right of individual PIs and postdocs to work out salary rates higher than the minimums negotiated in collective bargaining - see examples from Mount Sinai (Art 5.), Columbia University (Art. 2), University of Washington (Art. 32), and University of California (Art. 4).

- Nelanthi Hewa, PhD, Postdoctoral Fellow, Annenberg School for Communication

What is the university’s position on unions?

The University supports all legal rights with regard to unionization. Additionally, we are committed to providing factual information about unionization so all who are eligible to participate in an election have complete and accurate information in order to make a fully informed decision.

We’re glad that Penn supports the legal rights of its Postdocs and Research Associates. However, Penn has consistently challenged the ability of its own workers to form unions at the university. In the case of its medical residents, graduate workers, museum and library staff, and resident advisors, Penn has chosen to oppose the efforts of its workers to form unions and collectively bargain. This pattern of resistance even prompted Penn’s own faculty members associated with the American Association of University Professors to write a letter to then-President Liz Magill demanding the university remain neutral with respect to employee unionization efforts and take down any anti-union websites. Penn’s new website about Postdocs’ and Research Associates’ unionization efforts is unfortunately a continuation of the university administration’s past anti-union practices.

- Lucy March, PhD, Postdoctoral Fellow, Annenberg School for Communication

Is the union required to share only factual information? What about the University?

Under U.S. labor law, unions and employers are held to different standards when it comes to communicating with employees.

An employer (i.e., the University) is legally required to share only factual information and is prohibited from making promises or misleading statements to employees about unionization. Such promises or statements are deemed coercive under the law because, unlike the union, the University has the ability to deliver on promises made. (NLRB v. Gissel Packing Co., 395 U.S. 575 (1969))

Conversely, the National Labor Relations Board (NLRB) has repeatedly held that unions are allowed to share propaganda and to make misleading claims and promises. Here is what the NLRB has ruled:

“Unions can promise wage increases, better benefits and protecting what you now have during an election campaign, even though they have no actual power to guarantee those things, because those promises are considered ‘mere pre-election propaganda’.” (106 NLRB 666)

“Unions can issue “misleading campaign propaganda” because the NLRB does not think associates are “naive” enough to believe all that they are told in the course of union election campaigns.” (228 NLRB 1311)

As highly trained scholars, Postdocs and Research Associates are experienced in critically evaluating evidence, and don’t need to rely on promises when it comes to deciding whether to form a union. Here is some of the evidence of improvements made by our unionized colleagues at other institutions: 

• Postdocs in the University of California system gained two-year minimum initial appointments, as opposed to Penn’s single- year appointments.

• Columbia postdocs won between 14.5% and 20% immediate increases to minimum salaries in their first union contract, and up to 24% increases to minimums in their second. Penn’s recent scheduled pay raise was only $700 for new postdocs, only 1% over the previous year.  

• Mount Sinai postdocs won a 23-26% increase to minimum salaries upon ratification of their first contract.

• Columbia University makes contributions to childcare FSAs for postdocs with children. Penn does not contribute to their postdocs’ childcare FSAs. 

• Columbia University postdocs are guaranteed up to $1250 to cover visa renewals and related travel. International Postdocs and Research Associates at Penn must pay for visa renewal and travel expenses out of their own pockets. 

• Mt. Sinai postdocs are guaranteed security of pay and benefits for the duration of their appointment offer, even in cases of grant and funding cuts. Postdocs and Research Associates at Penn currently have no appointment security.

- Lauren Altman, PhD, Center for Soft and Living Matter Postdoctoral Fellow, Physics and Astronomy

What is a bargaining unit?

A bargaining unit is a group of employees who typically share similar job duties and common interests when it comes to their terms and conditions of employment. A union will often target and attempt to organize a specific group of employees so that it can negotiate with the employer about work-related matters for that group in exchange for member dues or fees. These matters can include wages, hours, benefits, and working conditions.

Penn is correct that a bargaining unit is a collection of workers that share a community of interest, meaning that they have similar working conditions and responsibilities. However, Penn’s answer also tries to make it sound like an outside force is trying to force Postdocs and Research Associates into forming a union. In reality, our unionization efforts were started by individual Postdocs and Research Associates at Penn in 2022. After experiencing frustrations with stagnant pay and benefits that lagged behind those offered at peer institutions, we reached out to our postdoctoral colleagues at the Icahn School of Medicine at Mount Sinai in New York to learn from their experience forming their union with the UAW; the UAW is also the union of Penn graduate workers in GETUP-UAW. After months of initial conversations with other Postdocs and Research Associates across campus, those of us involved decided together to affiliate our campaign with the UAW, the union representing tens of thousands of postdocs at institutions across the country.

- Helen Schmidt, PhD, Postdoctoral Fellow, Genetics

What positions are included in the proposed bargaining unit under this petition? Have the union and the University agreed on this unit?

The United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) proposed a bargaining unit that includes all postdoctoral researchers, postdoctoral fellows, NRSA postdoctoral fellows, and research associates. Though these are the positions the union named in the representation petition it filed, the National Labor Relations Board convened a hearing on May 6, 2025 to discuss the composition of the bargaining unit, and a ruling has yet to be issued.

When forming our union, Postdocs and Research Associates decided to include Postdoctoral Researchers, Postdoctoral Fellows, NRSA Postdoctoral Fellows, and Research Associates in our proposed bargaining unit because we understand that these positions perform similar duties and hold similar responsibilities in their daily work. In fact, we know that it is not uncommon for individual Postdocs and Research Associates to move between these titles during their time at Penn with virtually no change in work performed. 

After having thousands of conversations with colleagues across the university about forming a union, over 66% of Penn Postdocs and Research Associates filed a petition with the National Labor Relations Board to hold an election that would formalize our support for unionization. Instead of allowing for a timely election without delays, Penn responded by asserting that “there is no appropriate bargaining unit consisting of the positions sought in the Petition, because all of the petitioned-for employees are temporary employees who are not eligible for collective bargaining.” This is an argument with little merit or basis in the facts, since thousands of other term-limited employees at Penn have been allowed to successfully unionize, not to mention tens of thousands of postdocs across the country. 

Penn’s opposition resulted in a hearing at the regional NLRB, where individual Postdocs and Research Associates testified about our jobs and working conditions. We hope that the NLRB will soon rule in favor of our petition and schedule an election so that Penn Postdocs and Research Associates can vote on unionization. Penn can also drop their objection at any time and allow us to vote.

- Konstantinos Plakas, PhD, Postdoctoral Fellow, Radiology

Are foreign national postdocs and research associates included in the proposed bargaining unit?

Yes, foreign national postdocs and research associates are included in the proposed bargaining unit.

This is true; international scholars make up approximately 60% of all Penn Postdocs and Research Associates. International Postdocs and Research Associates have the same legal right to join a union as U.S. citizens, and many international workers are leaders in their unions. Other academic unions affiliated with UAW have won important benefits for international workers, including:

• Visa cost reimbursement at UMass Amherst (up to $1,000/year) , Mt Sinai and Columbia (up to $1,250/year) and relocation reimbursement at UMass Amherst

• Paid time off for immigration proceedings at Columbia

• Protection from job loss due to visa interruption at Mt. Sinai & Columbia by holding the position for a minimum of 60 days

• Two-year initial appointments for postdocs in the University of California system 

Postdocs and Research Associates, both domestic and international, will collectively shape our bargaining priorities throughout the process of negotiating a contract.

- Albane Théry, PhD, Postdoctoral Fellow, Mathematics

If the union wins the election, can an individual employee opt out of being represented by the union?

No. If a union wins an election, it is the bargaining representative for all employees who are part of that unit. Employees in the unit may not opt out of representation.

The Penn administration currently holds exclusive, unilateral control over our pay, benefits and workplace rights. Like most employers, they would probably prefer to retain that power.

Union representation, on the other hand, is a process, protected by U.S. law, that equalizes the power relationship between employees and their employer. The UAW currently represents 100,000 academic workers in collective bargaining at institutions across the U.S. Through collective bargaining, postdocs and other academic workers in the UAW have successfully negotiated improved wages and benefits, stronger protections against discrimination and harassment, expanded family-friendly benefits like paid leave and childcare subsidies or funds, retirement, and other important provisions. With collective bargaining, the Penn administration would be legally obligated to negotiate salary rates with our elected bargaining team and all Postdocs and Research Associates would vote democratically on the results of those negotiations. Thus, every individual would have a say in what our union bargains for, and every individual would benefit from the enhanced protections we win.

- Katerina Traut, PhD, Postdoctoral Fellow, Andrea Mitchell Center for the Study of Democracy and Paideia Program

If the union wins the election, can an individual employee refuse to join the union?

In states like Pennsylvania that do not have what is called a “Right-to-Work” law, it is legal (and common) for labor unions to push for “Union Security” language in labor contracts. With this language, unit members can be required to either join the union and pay union dues or opt out of joining the union but still pay agency fees (also called representation or fair-share fees), and this can be a condition of ongoing employment.

Once we have a contract, Postdocs and Research Associates would encourage everyone to be part of the union because together, we have more power to make change – but no one is required to be a member of the union. However, since everyone in the bargaining unit receives all the benefits of the union contract, and because unions are legally required to enforce contracts for members and non-members alike, most union contracts include a requirement that non-members pay an “agency fee” (often assessed at the same rate as membership dues), so that the cost of contract negotiation and contract enforcement is shared equitably by those who benefit from them.

- Marcelo Guzmán, PhD, Postdoctoral Fellow, Physics and Astronomy

Unions in Higher Education

PENN FAQ

PENN RESPONSE

WHAT PENN LEAVES OUT

Does unionization impact grant funding?

Unionization does not change the eligibility for or awarding of grant funding, but it may influence how that funding is distributed or planned. Due to the potential increased costs brought about by unionization, grant recipients may need to adjust how they allocate grant funds. Neither grant funders nor the University are under any obligation to offset the potential cost by providing additional funding.

Ultimately, if the Penn administration agrees to improve an aspect of our pay or benefits, we would expect them to fund such improvements however they see fit. Penn is a multi-billion dollar institution and has the resources to support modest improvements to Postdocs and Research Associates’ financial support without jeopardizing our important research or putting undue burden on PIs.

Penn’s current practice is top “top-off” fellowship recipients to ensure that all Postdocs and Research Associates on external grants are being paid the university-mandated minimum salary rates, even when a grant funds less than the minimum. Existing postdoc union contracts function the same way: it is typical for universities to make up the difference to ensure that the researcher’s compensation is meeting the appropriate minimum standards agreed upon in the contract. This additional funding for negotiated wages and benefits would not necessarily have to be covered by an individual PI’s grants or funds. With a union, we would also have a legal right to relevant financial information that allows us to make conscientious decisions about our contract proposals. For example, at the University of California, postdocs agreed to phase in increases to allow time for adjustment to higher salaries.

- Olivia Lenz, DVM, Former Postdoctoral Researcher, Clinical Sciences and Advanced Medicine

Could the union provide guaranteed protection for foreign national postdocs and research associates?

No, the union cannot guarantee protection for foreign national postdocs and research associates. The union, like the University, cannot override U.S. immigration laws or visa rules, nor can it prevent deportation or visa denial by immigration authorities. A union is also not an employer and therefore does not have the authority to sponsor visas directly for foreign national postdocs and research associates.

By forming unions across the country, international scholars have secured many added protections and benefits previously unavailable, resulting in a safer and more secure working environment.

For example, the postdoc union at the University of California won better rights for international postdocs in their contract by ending UC’s practice of denying health benefits for many international postdocs and ensuring equal treatment regardless of immigration status. In addition to new rights and economic improvements that often uniquely benefit international workers, postdocs at Columbia University also won increased job stability. Their contract guarantees that appointments must be held open for at least 60 days if work authorization is delayed, that postdocs must receive paid time off for immigration-related proceedings, that postdocs must be given greater flexibility to work remotely if unable to return to the U.S., and that the union must be able to enforce protections against discrimination and harassment. Postdoctoral Fellows at Mount Sinai will be reimbursed up to $1,250 for visa stamp renewal related travel and fees. 

Nationally, the UAW represents more than 100,000 workers in higher education, a powerful force for effective lobbying, particularly on issues that affect international scholars and researchers. UAW academic workers have used their collective strength to write thousands of letters to elected officials, share their immigration stories with the press, host information sessions with immigration attorneys, and submit formal declarations filed in lawsuits to overturn xenophobic policies. Working with members of Congress, UAW academic workers helped win the Optional Practical Training STEM extension, an important path for international student workers to work in the U.S. after completion of their PhD. UAW Local Unions representing postdocs and student workers in Washington State and California also worked with Congressional Representatives Judy Chu and Pramila Jayapal on a Dear Colleague letter demanding that then-Secretary of State Pompeo restore the validity period of Chinese international students’ entry visas from 12 months back to 60 months.

UAW members have a strong history of effective lobbying for the rights of international academic workers. At a time when political attacks against higher education, publicly funded research, and international workers are increasing, it is more important than ever to join hundreds of thousands of other academic workers as we fight to protect our interests and livelihoods.

- Ahsan Khan, 

Ph.D., Postdoctoral Fellow, Department of Psychiatry

Collective Bargaining and Contracts

PENN FAQ

PENN RESPONSE

WHAT PENN LEAVES OUT

What is collective bargaining?

Collective bargaining is the back-and-forth negotiation process between a union and employer to try to reach an agreed upon labor contract, also known as a collective bargaining agreement.

This is correct; by working together, we can make our voices heard and directly negotiate with the university for better working conditions. The resulting contract, called a collective bargaining agreement, protects Postdocs and Research Associates from unexpected, unilateral changes to our working conditions by our employer.

- Stanley Jamal Collins, Ph.D., Postdoctoral Fellow, City & Regional Planning

Who negotiates the labor contract?

The union and the University negotiate the labor contract. Each party typically has a bargaining committee, and the union’s bargaining committee often includes members of the bargaining unit. These members typically push to have the union focus on matters that they consider a priority. Those priorities may not align with your school, department or research group and may not align with your own individual priorities.

Representatives of both the Penn administration and RAPUP-UAW would sit at the bargaining table. The union bargaining team would consist of a group of Postdocs and Research Associates democratically elected by their peers to represent the interests of the broader community of postdoctoral scholars. The elected bargaining committee would work with experienced UAW staff who would help advise negotiations. The bargaining process is highly participatory and will rely on the input and feedback of Postdocs and Research Associates at all steps. This includes surveys, town halls, forums, and one-on-one conversations with each other. It is absolutely crucial that all of us participate in and provide feedback during bargaining. 

By working together collectively, all Postdocs and Research Associates will have more power to improve our working conditions. At the same time, all individual postdoctoral scholars will have many ways to participate in the process and have their individual voice heard. Currently, individual workers do not have the ability to elect representatives to advocate for their rights and benefits. Only by forming a union will individual workers at Penn have the rights to elect their representatives, enforce their rights by filing grievances, participate in collective bargaining negotiations to determine their own employment contract, and more.

- Naomi Zucker, PhD, Postdoctoral Fellow, Nursing

Is the union required to keep the promises it makes during an organizing campaign?

No. The union is under no obligation to fulfill the promises it makes during an organizing campaign. Unions can – and often do – make promises to gain support, even though they cannot guarantee that it will be able to fulfill those promises.

As research employees, Postdocs and Research Associates are well-equipped to evaluate the tangible outcomes of union contracts negotiated by unionized postdocs at our peer institutions, including the following examples of UAW-affiliated postdoc unions. For example:

• Columbia Postdoctoral Workers negotiated and won the highest minimum salaries for postdocs in New York City in the first year of their contract, with increases to their previous minimums ranging from 14.5 to 20%.

• The Sinai Postdoctoral Organizing Committee won the highest minimum salaries for postdocs in the country in their first contract, with adjustments for experience and guaranteed annual increases.

• Postdocs at the University of California bargained a contract that includes a minimum salary that exceeds the NIH base wage, guaranteed annual wage increases, the right of PIs to pay above the scale, and strong enforcement provisions that enable them to grieve through the union if they don’t receive contractual pay increases.

While it is true that the outcomes of collective bargaining cannot be precisely predicted or guaranteed–since they depend on mutual agreement between workers and administration–what is certain is that without a union, Penn is under no obligation to negotiate with postdocs and research associates at all. With a union, the university is legally required to bargain with us in good faith.

To our knowledge, all existing examples of postdoctoral researchers forming unions have resulted in significant gains ranging from pay to benefits to working conditions. We are confident that if Penn joins us in this process with sincerity and respect, we can reach a fair and timely agreement that reflects the value of our contributions to the university’s research mission.

- Hannah M. Merseal, PhD, Postdoctoral Researcher, Department of Neurology

What topics would the University and the union be required to bargain over during negotiations?

Under federal labor law, the only topics the University and the union will be required to negotiate – called “mandatory subjects of bargaining” – are rates of pay, wages, benefits, hours of employment, and other terms and conditions of employment. No other topics are required to be negotiated. The law requires both parties to bargain in good faith, but it does not require that either party accepts the other side’s proposals.

Some examples of improvements other postdocs have won regarding these topics of bargaining include:

• Columbia Postdoctoral Workers negotiated and won the highest minimum salaries for postdocs in New York City in the first year of their contract, with increases to their previous minimums ranging from 14.5 to 20%.

• The Sinai Postdoctoral Organizing Committee won the highest minimum salaries for postdocs in the country in their first contract, with adjustments for experience and guaranteed annual increases.

• Postdocs at the University of California bargained a contract that includes a minimum salary that exceeds the NIH base wage, guaranteed annual wage increases, the right of PIs to pay above the scale, and strong enforcement provisions that enable them to grieve through the union if they don’t receive contractual pay increases.

All Postdocs and Research Associates are able to participate in the bargaining process by helping shape our initial proposals and priorities, ratifying initial demands, attending bargaining meetings, and voting on whether to accept a potential contract. While Penn notes that neither party is required to accept the other side’s proposals is accurate, we hope that Penn admin will commit to bargaining in good faith and work with us to come to a speedy agreement that all parties can agree to. Unfortunately, many negotiations over first contracts at other institutions have been held up due to management’s lack of serious commitment to the bargaining process. Despite this, many unionized postdocs have been successful in building participation and leverage to win strong union contracts, such as the ones cited throughout these responses.

- Leon Velazquez-Hernandez, PhD, Postdoctoral Researcher, Neuroscience

What topics would the University and the union NOT be required to bargain over as part of negotiations?

The University and the union are not required to bargain over non-mandatory subjects such as university governance and terms of research grants and other awards. Though not required, the University and union may both choose to negotiate over non-mandatory subjects.

Through collective bargaining, unions of academic workers at other universities have secured wide-ranging contract wins that include matters beyond what the Penn administration may consider to be our “terms and conditions of employment.” If we as Postdocs and Research Associates decide to prioritize negotiating improvements over a particular issue that affects our working conditions, we can take collective action to pressure the administration to come to the bargaining table and negotiate in good faith.

- Louis Prahl, PhD, Postdoctoral Fellow, Bioengineering

How long would it take to negotiate a labor contract?

According to a 2022 Bloomberg Law analysis, it takes an average of 465 days to reach a first-time labor contract. And the UAW’s own website has noted many of its first contracts for postdocs at other institutions have taken at least 13 months to negotiate. While waiting for a contract, the employer must legally keep the status quo, meaning that, absent agreement from the union, the University generally cannot deviate from its past practice with regard to wages, benefits, and other terms and conditions of employment.

Without a union, we have no ability to predict how long it will take for working conditions to improve because the Penn administration can decide unilaterally whether to make changes, what they will be, and whether to notify us beforehand. After we vote yes for our union, Penn administration will be legally obligated to bargain these decisions in good faith and must otherwise maintain existing working conditions during the negotiation process. During first-contract negotiations by postdocs at Columbia University and Mount Sinai, for example, postdocs continued to receive raises like those that preceded negotiations. 

The length of time necessary to negotiate a strong first contract depends on the strength of the campaign and the willingness of the employer to bargain in good faith. Penn could help ensure a timely process by agreeing on a fair and efficient timeframe with regularly scheduled bargaining sessions and a strong commitment to reaching a fair agreement. 

Duration to ratification of the first contract can range anywhere from a couple of months to over a year. With a serious commitment to reach a fair agreement by the administration, 4,000 student employees at the University of Washington negotiated their first contract in just under two months. Postdocs at Columbia University, the University of Connecticut, the University of Washington, and the University of California negotiated for 16 months, 13 months, 13 months, and 18 months, respectively. We hope that Penn chooses to negotiate in a timely manner.

- Will Drayer, PhD, Postdoctoral Researcher, Materials Science and Engineering

Is it true that things could only get better under a union contract?

No. There are no guarantees in bargaining, including no guarantee that things will be better under a union contract. The National Labor Relations Board case law states: “Collective bargaining is potentially hazardous for employees, and as a result of such negotiations, employees might possibly wind up with less benefits after unionization than before.” (228 NLRB 440)

Currently, Penn has complete power to change our benefits and pay however they want to. Once a union is formed, Penn will no longer be able to change our pay and benefits or other terms and conditions of our employment unilaterally. Instead, such changes will be decided through collective bargaining. In other words, once we have a union, Penn administrators must negotiate in good faith with Postdocs and Research Associates to decide the terms and conditions of our employment. Once a tentative agreement is made, Postdocs and Research Associates will vote on whether to approve a binding, enforceable contract specifying those terms and conditions. To our knowledge, no union of higher education workers has negotiated and ratified a contract resulting in fewer benefits than before unionization.

- Nathan Hager, PhD, NRSA Postdoctoral Fellow, Psychiatry

Union Dues and Fees

PENN FAQ

PENN RESPONSE

WHAT PENN LEAVES OUT

What are union dues?

Union dues are the regular fee that union members pay the union, which are typically deducted directly from members’ paychecks. Dues are a union’s primary source of revenue, so unions are incentivized to increase their membership because more members mean more revenue for the union.

Membership dues are important because they provide the resources necessary for effective representation. As part of the UAW, we will not pay dues until we have completed the bargaining process and voted democratically to approve our first contract.

Dues are critical for providing Postdocs and Research Associates with independent resources that are not controlled by Penn admin. We would use them to ensure we have appropriate legal, bargaining, community, and staff support to represent all Postdocs and Research Associates.

- Jenna Petronglo, PhD, Postdoctoral Researcher, Genetics

How much are UAW’s dues?

UAW’s current membership dues are stated as being 1.44% of gross monthly income. That means if your current annual stipend is $66,300 you would be expected to pay $955 per year in union dues.

UAW membership dues are currently 1.44% of gross monthly income and can only be increased by membership action (e.g., the membership in a few local unions have voted to increase dues above 1.44% to have more resources). In the UAW, there is also a one-time initiation fee, which ranges from $10 to $50 per worker and is determined democratically by local union members.

The value of increased wages and benefits in the first contract typically outweighs the cost of dues, often leading to overwhelming majority approval of those agreements. For example, the Columbia postdocs went from having the lowest minimum salaries for postdocs in New York City to the highest in the first year of their contract, an increase of between 14.5% to 20%, along with guaranteed annual increases and other improvements. The base wages for UC postdocs have gone up by more than 50% since they ratified their first contract in 2010. Penn Postdocs and Research Associates would vote democratically on whether to approve any contract, and we would be able to reject a salary increase that did not more than cover the cost of dues.

- Brock Geary, PhD, former Postdoctoral Researcher, Pathobiology

Are union dues taken out of my paycheck before or after taxes? Are they tax deductible?

Union dues are taken out of your paycheck after taxes (also called a post-tax deduction) and are typically not tax deductible on federal taxes.

This is correct.

- Emily Perkins, PhD, Postdoctoral Fellow, Psychology

Could I choose not to pay union dues?

In states like Pennsylvania that do not have what is called a “Right-to-Work” law, it is legal (and common) for labor unions to push for “Union Security” language in labor contracts. With this language, unit members can be required to either join the union and pay union dues or opt out of joining the union but still pay agency fees (also called representation or fair-share fees), and this can be a condition of ongoing employment.

Membership dues are important because they provide the resources necessary for effective collective bargaining and enforcement of our democratically ratified contract. Since everyone in the bargaining unit must receive all of the benefits of the contract, non-members are typically required to pay a comparable “fair share” fee, so the cost of representation is shared equally. The inclusion of a similar provision at Penn would be something Postdocs and Research Associates decide as part of our bargaining agenda, would be subject to negotiation with Penn administration, and contingent on ratification as part of our contract. We would not pay a cent of dues until we vote to approve our first contract. The value of increased wages and benefits in the first contract typically outweighs the cost of dues, often leading to overwhelming majority approval of those agreements.

- Stan Hrybouski, PhD, Postdoctoral Fellow, Radiology

Do members have a say on how the union spends the dues money it collects?

The union decides how it spends members’ dues. A significant portion of union dues typically go toward the union’s own administrative and overhead costs. The union also may use dues money to support political and legislative activities that you may not have individual say over and that may not necessarily reflect your personal views. The UAW, in particular, has faced multiple high-profile corruption scandals in recent years in which several former UAW leaders were convicted of embezzling union funds.1,2,3

It takes resources to have a strong union, from the earliest stages of forming a union for the first time, to bargaining and campaigning for the first contract, to enforcing rights under an existing contract, and advocating on policy issues that matter to the membership. Dues provide those resources.

Once Penn Postdocs and Research Associates ratify our first union contract, we’ll be able to establish a local union with democratically-elected leadership, democratically-established bylaws, and various mechanisms for member participation and input. Dues generally cover all day-to-day costs necessary to have a strong union, including payment for legal representation, staffing, rent, equipment, and supplies.  

Local unions affiliated with the UAW have also used their dues money to help members defend their rights. As examples, you can read this summary of successful grievance handling by postdocs at the University of Washington and articles about unionized postdocs fighting pregnancy discrimination at the University of California, and UConn graduate assistants addressing sexual harassment.

Our website FAQ also contains a longer explanation of how dues money is used.

- Santanu Ghosh, PhD, Postdoctoral Fellow, Cancer Biology

Would our pay be adjusted to account for union dues?

The University is under no obligation to adjust Postdoc and Research Associate pay in order to account for union dues.

As mentioned above, the value of increased wages and benefits in the first contract typically outweighs the cost of dues, often leading to overwhelming majority approval of those agreements. For example, the Columbia postdocs went from having the lowest minimum salaries for postdocs in New York City to the highest in the first year of their contract, an increase of between 14.5% and 20%, along with guaranteed annual increases and other improvements. The base wages for UC postdocs have gone up by more than 50% since they ratified their first contract in 2010. Penn Postdocs and Research Associates would vote democratically on whether to approve any contract, and we would be able to reject a salary increase that did not more than cover the cost of dues.

- Lindsey Fernandez, PhD, Postdoctoral Researcher, Bioengineering