Guidance for Faculty Related to Postdoctoral Trainee and Research Associate Unionization
April 28, 2025
In the context of a unionization effort or campaign by the University’s postdoctoral trainees and research associates, deans, department chairs, and faculty members who direct postdoctoral trainees or research associates are considered “supervisors” by the National Labor Relations Board (NLRB).
Supervisors may freely express their views about postdoctoral trainee and research associate unionization. However, the NLRB offers the acronym “TIPS” to indicate that supervisors may not:
- Make threats of harm to postdoctoral trainees or research associates;
- Interrogate or question postdoctoral trainees or research associates;
- Make promises of benefit to postdoctoral trainees or research associates; or
- Spy on or place under surveillance postdoctoral trainees or research associates including but not limited to any union meetings or any other conduct which may give the impression that they are watching postdoctoral trainees or research associates to find out about their union activities.
In addition, supervisors may not, per the NLRB:
- Ask a postdoctoral trainee or research associate to report on union activities;
- Discipline a postdoctoral trainee or research associate because of their union support or union organizing activities. The University may, however, enforce its rules impartially and in accordance with customary action, irrespective of a postdoctoral trainee or research associate’s union support or union organizing activities. Discipline is appropriate as long as such action follows customary practice and is done without regard to union support or union organizing activities. Such action should not normally be taken, however, without checking in advance with the appropriate graduate group chair and/or associate dean.
Per the NLRB, it is permissible for supervisors to:
- Emphasize the importance of voting if an election is held and point out that the matter will be decided by a majority of those who actually vote;
- State their position on union representation;
- State the reasons why they have taken such a position so long as those reasons are not threats or promises;
- Point out the importance of the union representation issue;
- Discuss the financial obligations, such as dues, which postdoctoral trainees and research associates may have to assume if they were represented by a union;
- Tell postdoctoral trainees and research associates the facts concerning any experience they may have had with unions;
- Tell postdoctoral trainees and research associates that in collective bargaining neither side is required to agree to what the other side wants, although the parties must bargain in good faith;
- Discuss the secret ballot election that may be conducted by the NLRB and the fact that no one need ever know how a person voted – and that even those people who sign union authorization cards are under no obligation (legal or otherwise) to vote for the union;
- Direct postdoctoral trainees and research associates to places where they can find answers to their questions.