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FAQs

Last updated: February 17, 2025

Labor Law Basics

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What is a labor union?

A union is an organization that, in exchange for dues paid by individuals it represents, serves as a representative for a group of employees, negotiating with the employer to establish terms and conditions of employment.

What is the NLRB?

The NLRB (also called the Board) is an agency of the United States government that enforces and oversees administration of the National Labor Relations Act (NLRA), the federal labor law that covers most private employers. Among its principal functions, the Board:

  • Holds secret ballot elections to determine if employees wish to be represented by a union for purposes of negotiating and establishing the terms and conditions of employment with their employer and, if so, by which union;
  • Prevents and remedies unlawful acts (called unfair labor practices) committed by employers or unions.

The Board has published an overview of employer/union rights and obligations, accessible on the NLRB website.

What is a bargaining unit?

A bargaining unit is a group of similar employees sharing a “community of interest” and who are collectively represented by a union. When a union is seeking to form a bargaining unit, the union initially decides who it wants to include, but the ultimate composition of the unit must be approved by the NLRB.

Who is included in the graduate student union at Northwestern University?

As certified by the NLRB, the “bargaining unit” is defined as:

Graduate students enrolled in Northwestern University degree programs who are providing instructional and research services for the University, including graduate assistants, teaching assistants, research assistants and fellows.

The bargaining unit definition also explicitly excludes:

All other employees; graduate students who are not providing instructional or research services for the University; undergraduate students; graduate students not seeking Northwestern degrees, including visiting students; graduate student graders, tutors and proctors who are not otherwise providing instructional or research services for the University; assistant chairs in residential colleges; residential assistants; students enrolled in the Pritzker School of Law; M.D. seeking students in the Feinberg School of Medicine (including M.D./Ph.D. students in Feinberg who are in their M.D. phase of studies); students enrolled in the Medill School of Journalism; office clericals; managers; guards and supervisors as defined in the Act.

Consistent with the exclusions above, non-graduate students like postdoctoral fellows, research associates, and other employees who are not enrolled in a degree program are not part of the bargaining unit.

 Please note: Bargaining unit inclusions and exclusions are the product of negotiations between the University and the graduate student union and in accordance with federal labor law.

Are graduate students obligated to become members of the union?

No, graduate students are not obligated to become members of the union. However, the CBA states that graduate students who do not become members of the union will be required to pay an agency fee.

It is also important to understand that when a graduate student who meets the bargaining unit definition is providing research or instructional services for the University, they will be in the bargaining unit, subject to the terms of the CBA, and represented by NUGW-UE Local 1122, regardless of whether or not they are a union member.

Dues and Agency Fees

How will union dues or agency fees be paid?

With advance authorization, the University shall deduct union dues or agency fees from graduate student workers’ pay and remit the deducted funds to the union.

Are graduate students required to pay union dues or agency fees?

The CBA requires the payment of either union dues or agency fees is a condition of employment in a bargaining unit position. Under the terms of the CBA, in order to perform bargaining unit work (i.e., provide research or instructional services for the University), a graduate student must either: 1) become a dues-paying member of NUGW-UE Local 1122 or 2) pay an “agency fee,” in lieu of union membership, to NUGW-UE Local 1122. 

An agency fee is essentially a service charge to cover the union’s costs for administering the CBA. NUGW-UE Local 1122 determines both the costs of union membership and the agency fee.

If a graduate student receives some pay for bargaining unit work and some pay for non-bargaining unit work in the same pay period, which portion will be subject to union dues?

Only the portion of pay that was for bargaining unit work will have union dues deducted.

Bargaining Unit Composition

Are international graduate students eligible to be in the union?

Yes. Being in a union does not impact student visas or immigration status, and eligible international students are included in the bargaining unit definition.

Will graduate students be in the bargaining unit for the duration of their studies?

No. Graduate students will alternate between being in the bargaining unit and not being in the bargaining unit based on whether they are providing instructional or research services for the University in any given quarter.

It is possible that two students in similar roles may not both be in the bargaining unit depending on what they are doing a particular quarter. For example, a graduate assistant who is exclusively performing administrative work in a quarter would not be in the bargaining unit, whereas one who is also a teaching assistant that quarter would be in the bargaining unit for that quarter. Being a graduate assistant or on fellowship is not the determining factor in and of itself when determining bargaining unit status.

In addition, graders, tutors, and proctors, among others, who are not otherwise providing research/instructional services are excluded from the bargaining unit, per the National Labor Relations Board’s certification and the CBA’s recognition clause.

Collective Bargaining

What is collective bargaining?

Collective bargaining is a process by which a union and an employer negotiate over the terms and conditions of employment, such as pay and benefits for all members in the bargaining unit. A union has the exclusive authority to bargain on behalf of all bargaining unit members, collectively, for pay, terms of appointment, benefits and other “working conditions.”

How does collective bargaining work?

Collective bargaining is typically conducted in a series of meetings at which representatives of the union and Northwestern exchange written proposals for a collective bargaining agreement (CBA), which is also called a “union contract” or a “labor contract”.

During negotiations, federal labor law requires Northwestern and the union to engage in “good faith” negotiations over terms and conditions of employment. This means the parties must meet, confer, and consider each other’s proposals with a genuine desire to reach an agreement. However, the duty does not require compromise or agreement to any particular proposal and does not require the parties to reach an overall agreement.

Do all members of the bargaining unit play a role in negotiating a collective bargaining agreement?

No. Usually, collective bargaining is conducted by paid union representatives and a small subset of bargaining unit members selected by the union to assist the union’s representatives.

How often do the parties engage in collective bargaining?

When finalizing an initial labor contract, the union and the employer will reach agreement as to the term of the contract (i.e., when the agreement will expire). As the contract expiration date approaches, the parties typically re-engage to negotiate a successor contract. In successor bargaining, all terms and conditions of employment are once again subject to negotiation/change. The term of the CBA between Northwestern and NUGW-UE Local 1122 is March 15, 2024 through March 31, 2027.

Can the University make exceptions to provisions in the contract to accommodate the needs of individual members of the unit?

No, unless such exceptions are agreed to by the union.

International Graduate Employee Support

My visa appointment was before the International Graduate Employee Support Fund was established on September 1, 2024. Can I still apply?

Yes, as long as you are an international graduate student on an F-1 or J-1 visa, a bargaining unit member at the time you apply for a reimbursement, and you apply within 18 months of incurring the visa processing-related fees and associated expenses for which reimbursement is sought, including airfare and travel costs, for yourself and/or a dependent on a University-sponsored F-2 or J-2 visa.

Can I be reimbursed through the International Graduate Employee Support Fund for my initial flight to begin my studies at Northwestern?

No, an initial flight to begin your studies would not qualify for reimbursement as it is considered necessary travel to start your academic program and not visa-processing related. However, you could seek reimbursement for travel resulting from a visa-processing appointment (e.g., local travel, a ride-sharing service, etc.).

Can I apply for a distribution from the International Graduate Employee Support Fund to change my status from F-1 or J-1 to another status?

No, this fund reimburses visa renewal costs and associated expenses for those covered in F-1 or J-1 status (F-2/J-2).

Can I apply for a distribution from the International Graduate Employee Support Fund for my Optional Practical Training (OPT application)?

No, OPT application fees are not covered as they are not a visa renewal.

Where can international graduate employees find an attorney referral list?

A list of attorneys and other resources for referral about immigration issues unrelated to an international graduate employee’s relationship with the University may be found here.

Where can international graduate employees receive tax assistance?

You can explore the various resources the Office of International Student and Scholar Services (OISS) has compiled to help you file correctly by visiting the Taxes section of the OISS website. This section also includes a schedule of OISS-sponsored tax workshops.

Where can international graduate employees receive permanent residency assistance?

You can learn more about pathways to permanent residency in workshops offered by the Office of International Student and Scholar Services (OISS). Visit the Programming and Events section of the OISS website to learn more and view past recordings.