Talking About the Union: Do’s and Don’ts for Faculty
Guidance for Communicating with Students
As a Cornell faculty member, you are a member of management in the eyes of the National Labor Relations Board (NLRB). This means that you must avoid conduct that runs afoul of student-employee rights’ legal rights, which can result in legal claims against Cornell and/or you.
The NLRA provides graduate student workers with a right to engage in “protected concerted activity,” – i.e., group action taken for mutual aid or protection regarding the terms and conditions of their employment. This includes engaging in collective bargaining regarding their terms and conditions of employment or exercising their rights under the NLRA to engage in lawful strike activity. Faculty members may not interfere with or take disciplinary action against graduate students who hold employment with the university for engaging in such protected concerted activity.
As a manager, the National Labor Relations Act (NLRA) permits you to communicate “any views, arguments, or opinions” provided that “such expression contains no threat of reprisal or force or promise of benefit.” The guidance below summarizes the dos and don’ts of communicating with graduate student workers about issues relevant to unionization and their eventual contract.
Things You May Communicate: “FORE”
You may communicate your views directly to students that contain facts, opinions, rules of law, and examples – which can be summarized using the acronym “FORE” – and provided that they do not contain any of things you may not communicate, per the information below. This guidance applies regardless of whether you personally support Cornell’s position in the negotiations, CGSU-UE’s position, or have a different view.
While you may provide FORE, you should be mindful of avoiding a claim that you are interrogating a graduate student worker regarding the negotiations or a potential work stoppage. This, again, applies regardless of the message you intend to provide. The most prudent course is to provide FORE in response to a question or approach from the graduate student worker, or otherwise in a public manner that does not isolate one person or a small group of them.
Communications that fall under FORE:
| F | Facts | – Present information concerning the negotiations and potential strike activity based on verifiable facts. – Example: Cornell recently proposed a stipend increase, including a number of other compensation benefits. For more information, you should visit Cornell’s website. |
| O | Opinions | – Provide your opinion regarding the negotiations or potential strike activity. – Example: I reviewed Cornell’s proposal and believe it is fair and generous. |
| R | Rules of Law | – Advise graduate students regarding legal principles that govern the negotiations and potential strike activity. – Example: In collective bargaining, the law gives either side the right to say no to any proposal. The law permits you to work during a strike if you decide to do so. |
| E | Examples | – Illustrate through your lived experience during prior negotiations or work stoppages. – Example: I was in a union and participated in collective bargaining negotiations, or I was on a picket line. I remember what that was like and here’s what happened. |
Things to Avoid: “TIPS” and Direct Dealing
“TIPS” for Faculty Supervisors
It is imperative that supervisors avoid interference with employees’ rights to engage in “protected concerted activities” under the NLRA. Prohibited supervisor conduct can be summarized using the acronym “TIPS.”Threaten, Interrogate, Promise, Surveillance: TIPS
It is imperative that you avoid interference with graduate student workers’ rights to engage in “protected concerted activities” under the NLRA. Prohibited conduct can be summarized using the acronym “TIPS”.
Supervisors should NOT:
| T | Threaten | – Threaten employees for participating in protected concerted activity, including strike preparation. – Example: Threatening to remove yourself from a dissertation committee based on the student’s union activity is unlawful. |
| I | Interrogate | – Question or debate students about union activity, including strike participation. – Example: You should not question your advisees about their positions on union issues and whether they will participate in a strike. |
| P | Promise | – Promise benefits to students if they advocate for a certain union position. – Example: You cannot promise dedicated parking or special funding to students who oppose the union. |
| S | Surveillance | – Surveil, photograph, or videotape union activity. – Example: You should not join, follow, or interact with social media pages related to the union – whether the pages are public or private. |
This list of examples is not exhaustive. Remember that indirect threats and promises, like direct threats and promises, are unlawful.
Direct Dealing
The NLRA prohibits employers from “direct dealing” with unionized employees and attempting to undermine the union’s representation of its members. Employers must deal with the employees’ selected collective bargaining representative concerning terms and conditions of employment – here, that is the CGSU-UE for graduate student workers.
Cornell’s bargaining team is negotiating directly with CGSU-UE and its negotiating committee, and it is thus essential that you avoid engaging in individual negotiations with graduate student workers concerning terms and conditions of employment that the parties are negotiating at the bargaining table.
You Do Not Have to Engage With Graduate Student Workers About Negotiations
You also have the right to not to engage with graduate student workers concerning the negotiations or a potential work stoppage. Doing so is completely voluntary, within the guidelines we provide here.
If approached with a question or concern and you do not wish to engage further or do not feel comfortable responding or do not know the answer, you may say:
- “That is a great question, let me get back to you on that issue.” You can then contact graduateunionupdates@cornell.edu who can provide feedback and a potential response to the question posed.
- “I appreciate the question, but I would direct you to another faculty member who may be able to answer.”