What is collective bargaining?
Collective bargaining is a process that equalizes the power relationship between employees and their employer. With collective bargaining, we elect representatives to negotiate with NYU to put the terms of our employment into a legally-binding agreement that we vote to ratify before it goes into effect. Without collective bargaining, NYU can make changes to the terms and conditions of our employment, as they did when they revoked contract faculty eligibility for tuition remission and green card sponsorship.
Barnard’s contract faculty union negotiated a 16% salary floor increase over three years of their collective bargaining agreement. Boston University’s contract faculty union secured an average salary increase of 15% in the first year of the contract, with lowest-paid members receiving the biggest increases; they also won automatic annual 2.5% cost-of-living increases. Without collective bargaining, NYU retains the unilateral ability to make changes without our consent, and we have few avenues to pursue necessary improvements.
How would the collective bargaining process work at NYU?
The first step is building strong support and securing recognition. A majority of NYU contract faculty have signed up to support our union, and we are continuing outreach to ensure that everyone has a chance to be heard and get involved. Strengthening majority support will give us more power to get our union recognized and begin the collective bargaining process.
Under collective bargaining in the UAW, faculty fill out bargaining surveys to articulate priorities for a contract. We also elect representatives, fellow contract faculty, to a bargaining committee. Guided by the feedback in the bargaining surveys, the elected committee develops bargaining goals that we vote to approve, before sitting down with the administration and negotiating a tentative contract. Once a tentative agreement is reached, faculty must vote to accept or reject the contract before it goes into effect.
There are already thousands of academic workers here at NYU who have successfully bargained union contracts with NYU, including graduate employees and adjunct faculty, both represented by UAW local unions.
How will we get NYU to recognize our union and bargain with us?
Currently we have two options to form our union: petitioning the NLRB to have an election, or getting NYU to voluntarily recognize our union. We believe NYU should do the right thing and honor our choice as contract faculty as they have done for graduate employees. The graduate employee union GSOC-UAW voted overwhelmingly (by a 98% margin) for a union after NYU agreed to an election in 2013, outside the NLRB. The more faculty sign up, the more power we will have to push NYU to voluntarily recognize our union.
If NYU refuses to recognize us, we can take our petition to the NLRB and ask them to call for a vote. If a majority vote yes, our union will be legally recognized and NYU will be required to begin the collective bargaining process.
Would I be included in the union?
Contract Faculty United – United Auto Workers (CFU-UAW) seeks to include full-time continuing contract faculty who work at NYU. We are full-time, non-tenure track faculty on renewable appointments from across the university. If you have a question about your eligibility or want to sign up, please contact email@example.com.
We already elect representatives to the Continuing Contract Faculty Senators’ Council (C-FSC). Why do we need a union?
As AAUP notes: “The presence of institutions of faculty governance does not preclude the need for or usefulness of collective bargaining.” Contract faculty are active participants in shared governance throughout the university. Our elected representatives do excellent and important work, and reliably advocate for policies that would improve our working lives. However, faculty senators can only make recommendations, and NYU is free to ignore them. By contrast, with a union, NYU is required by law to bargain in good faith with an elected contract faculty bargaining committee. Once the contract is ratified, it is legally binding and enforceable.
Would a union undermine shared governance?
No. Faculty unions and institutions of faculty governance coexist to mutual benefit at many universities. A collective bargaining agreement covers the terms and conditions of our employment. The C-FSC and school councils and assemblies work on a wide range of issues, only some of which pertain to the terms and conditions of our employment. The need for shared governance remains, and we can bargain for contract provisions that protect our participation in existing structures.
AAUP affirms that faculty unions are an effective means of protecting academic freedom and shared governance: “by providing a contractually enforceable foundation to an institution’s collegial governance structure, collective bargaining can ensure the effectiveness of that structure and can thereby contribute significantly to the well-being of the institution.” A 2013 regression analysis-based study published in ILR Review by Stephen R. Porter, “Causal Effects of Faculty Unions on Institutional Decision-Making,” offers evidence to support the AAUP’s position, concluding: “The results presented here suggest that faculty unions have a positive effect on the level of faculty influence at public institutions. Not surprisingly, faculty at unionized institutions have more say in decisions regarding overall salary scales as well as decisions about individual faculty salaries. However, they also have more influence in many other areas, such as appointments of faculty and department chairs, tenure and promotion, teaching loads and the curriculum, and governance. Faculty influence does not appear to suffer from any negative effects of unionization.”
What is CFU-UAW?
We are the union for full-time continuing contract faculty at NYU, whose objective is to establish recognition of our union and collective bargaining with the University. To get more involved in our effort, email our Organizing Committee: firstname.lastname@example.org.
Why are we part of the United Auto Workers?
We chose to affiliate with the UAW because it already represents over 100,000 academic workers at universities across the country. The UAW already has a strong presence on campus, representing NYU adjunct faculty and graduate employees. In addition, the UAW represents contingent faculty at Barnard, The New School, and UMASS Lowell. For decades now, UAW members have agreed to devote resources to help contingent faculty and graduate workers win difficult campaigns to establish unions – 18 years of organizing at NYU for the graduate employees to eventually win an election outside of the NLRB, a 16-year struggle at the University of California, and a five-year struggle at the University of Washington. The experience and expertise developed over these years has been indispensable in helping us develop an effective campaign at NYU.
Who is on the Contract Faculty Organizing Committee?
The CFU Organizing Committee is a group of contract faculty volunteers working to build a union at NYU. Membership is open to all NYU contract faculty who support unionization; if you would like to be notified about upcoming meetings, please contact us.
What is the relationship between the CFU Organizing Committee (OC), Contract Faculty United (CFU), and the United Auto Workers (UAW)?
The CFU Organizing Committee is working to build a union for NYU contract faculty, assisted by UAW staff. If our union is recognized—voluntarily by NYU, or through an NLRB election in which a majority of NYU contract faculty voters favor forming a union—Contract Faculty United (CFU) will be the union for full-time continuing contract faculty at NYU, affiliated with UAW Local 7902. We will be part of a larger network of over 10,000 UAW academic workers in the New York area, and more than 100,000 UAW academic workers across the U.S.
How much are membership dues, and when do we start paying?
After a contract is in place, union members will pay just 1.44% of our gross income in dues. Benefits such as healthcare premiums are exempt from dues under the UAW Constitution.
Dues are important to any union because they provide the financial resources necessary to equalize power with the employer. We have democratic control to determine when faculty pay membership dues. Under the UAW constitution, contract faculty will not pay any dues until after a bargaining committee WE elect successfully negotiates a contract with NYU, and WE vote to approve that contract.
What are dues used for?
Dues support a variety of resources that will give us the clout we need to effectively represent our members; these include educational, legal, negotiating, and other membership services. Dues also contribute to organizing new groups of workers, the strike fund, and political action. Right now, the dues of other UAW members are funding our organizing campaign.
Will all of us be required to be members of the union and pay dues or fees?
No one can be required to become a member of the union after we have a contract. Because the union is legally obligated to represent all of us, and all of us would be protected by the contact and receive the benefit of the union’s resources, we can choose to bargain for an arrangement wherein non-members are required to pay a comparable “fair share” fee, so that the cost of representation is shared equally.
Most academic unions have such a provision, because it ensures that members have the resources necessary to maintain a strong relationship with the administration. This is one of many issues that we would democratically decide as part of our bargaining agenda, and would be subject to negotiation with NYU.
Will we have to strike?
We would decide democratically whether or not to call a strike. Under the UAW constitution, a strike can only be called after a strike authorization vote in which 2/3 of members voting approve a strike. Even if a supermajority of union members approves a strike, it is still be each member’s individual choice whether or not to participate. Moreover, 98% of contracts are negotiated without a strike.
It is not uncommon for workers to decide that it is necessary to prepare for a possible strike in order to convince a university to reach a reasonable agreement during negotiations. At Boston University, full-time continuing contract faculty voted to authorize a strike, resumed negotiation, and won a strong first contract with an average 15% salary increase in the first year. In 2015, the NYU graduate employee union GSOC-UAW Local 2110 reached an agreement with NYU after a majority of graduate employees authorized the bargaining committee to call a strike if they deemed necessary.
Didn’t the NYU graduate employees go on strike in 2005 and 2021?
Yes. Occasionally, employers take very rigid positions in bargaining, forcing employees to take a strike vote and prepare to strike in order to achieve a fair contract. In 2005, NYU refused to bargain a fair contract after the Bush NLRB changed the law regarding graduate employees’ rights to collective bargaining. Members voted to authorize, and after the bargaining committee felt that they had exhausted all other options, GSOC went on strike. NYU was not immediately responsive, and GSOC members democratically chose to pursue continued organizing to get NYU to recognize the union outside of the NLRB; they successfully negotiated and ratified their next contract in 2015
In 2021, in response to stalled contract negotiations, 96% of voting GSOC members authorized the bargaining committee to set a strike deadline, and GSOC members went on strike for three weeks at the end of spring semester before a tentative agreement was reached. The resulting contract, ratified by 99% of GSOC voters, included a 30% increase in the rate for hourly workers and a significant expansion of health and childcare benefits.
How does a neutral grievance procedure allow us to enforce the contract?
A neutral grievance procedure allows a member of the union to file a grievance if any part of the contract is not being enforced. This would ensure that contract faculty grievances are heard and addressed by the university in a fair and timely manner. If the grievance is not resolved, faculty would have the ability to go into arbitration, in which a neutral third party would resolve the dispute.
Can one union represent the interests of many different schools and departments?
Yes. NYU contract faculty are a diverse group of workers with a wide range of salaries, responsibilities, benefits, pay structure and expertise. The UAW has negotiated contracts at many higher education institutions with equally diverse departments and schools. Collective bargaining gives us the ability to democratically determine our priorities and bargain a contract that seeks improvements for everyone covered by the union. A union contract is not a “one size fits all” document; it will account for the varying ways full-time continuing contract faculty are situated and evaluated. Furthermore, a tentative agreement only goes into effect if ratified by majority vote.
Could NYU contract faculty end up worse off with a union contract?
Under U.S. labor law, NYU is required to bargain in good faith. This means that once our union is recognized, NYU cannot make further changes to the terms and conditions of our employment while bargaining is ongoing, or seek to alter the structure of our jobs. Bargaining begins from the status quo, and seeks to secure the terms and conditions of our employment in a legally-binding contract.
Will a union institute salary caps, or reduce salaries for high-earning faculty in order to secure increases for low-earning faculty?
These concerns are frequently cited by administrators, but they have no basis in reality. Union contracts set salary minimums, not maximums. Theoretically, union members could decide democratically that they want to pursue salary caps in negotiation, but to the best of our knowledge this does not happen, for obvious reasons. Our adjunct colleagues at NYU are guaranteed a minimum rate for the courses they teach, but NYU can and does pay some adjuncts substantially more.
We are not aware of any first contract negotiated by a faculty union that includes pay cuts. Generally speaking, most first contracts secure salary increases in excess of dues. It is not uncommon for faculty unions to pursue higher increases for lower-paid members in negotiation, but those goals and others would be determined democratically by us in the run-up to bargaining.
Will a union move everyone onto the same salary track?
NYU contract faculty hold a variety of titles, each with multiple ranks, and salary minimums that vary by rank, title and school; we negotiate our individual salaries and Based on these minimums, we negotiate our individual salaries upon appointment and reappointment, and the NYU administration finalizes the terms in an offer letter. A collective bargaining agreement would not eliminate distinctions between faculty in different schools, ranks, and titles, nor would it eliminate distinctions between individuals.
Will a union introduce new rules about how I’m allowed to do my job?
No changes to workplace practices and policies go into a union contract unless employees request and agree to them in negotiation.
If I am an international faculty member, am I allowed to participate in the union?
International workers have the same legal right to join a union as American citizens. Visa requirements that international faculty members may only accept employment associated with the university sponsoring their visa in no way compromise the right to belong to a union that represents them in the workplace. No contingent faculty member who is part of the UAW has reported any complications arising from the dual status of being both an international faculty member and a unionized employee.
Participation in political activities such as picketing, rallies, leafleting, and demonstrations, is protected under the Constitution for those residing in the U.S. on international workers visas, just as it is for U.S. citizens.
Can NYU retaliate against me if I sign up in support of the union?
Retaliation is against the law, and you have rights as an NYU employee and union supporter. Thousands of NYU employees have already organized with the UAW and bargained with the administration, including adjuncts and grad employees. The UAW represents over 100,000 employees who work at universities across the U.S., and has represented workers in a variety of employment situations. International faculty and U.S. citizens have the same rights to join a union.
Barnard Contingent Faculty organized and successfully negotiated their first contract in 2017; UMASS Lowell adjunct faculty organized in 2010; adjunct faculty at NYU have had a union since 2002. These UAW academic unions have productive relationships with their university administrations, and have secured many workplace improvements for employees across their campuses, including protections that are especially valuable for international academic employees.
What do we have in common with Auto Workers?
We ARE the United Auto Workers. Since its establishment in the mid-1930s, the UAW has been a dynamic, democratic organization representing a diverse array of workers, including tens of thousands of “white-collar workers” like technical writers, engineers, attorneys, administrative employees, academic workers, and others. Over 100,000 workers at universities across the U.S. are UAW members, and more are organizing on their campuses every day.
As an increasingly significant part of the UAW, academic workers have joined in the union’s longstanding commitment to social justice to prioritize issues of importance to workers at U.S. universities such as civil rights, immigration reform, access to affordable and quality education, federal funding of innovative basic science research, healthcare reform, the right to collective bargaining, and many other issues.
I heard national UAW leaders were convicted of corruption. Why should we partner with a corrupt organization?
Last year, the actions of some of the leaders in the top ranks of the UAW tarnished the union’s celebrated history. Their actions do not represent who UAW members are, including NYU adjunct faculty in UAW Local 7902 and graduate and teaching assistants in UAW Local 2110. We are proud that the local we are joining helped lead charges to remove former President Gary Jones from the UAW and continues to call for reforms to ensure this never happens again. These reforms include enhanced financial controls, policies for charitable contributions and recovery of misused funds, a 24 hour anonymous hotline for members to report unethical conduct of officers, and the establishment of an independent Ethics Office led by Wilma Liebman, former Chairman of the National Labor Relations Board from 2009-2011.
The alleged and confirmed activity of these individuals, which has led to the indictments of a few former national UAW officials, is appalling and goes against the fundamental values of transparency and accountability the UAW has upheld for more than 80 years.
CFU: Will we have a say in the UAW’s policies?
Contract Faculty United will elect representatives from our ranks to a bargaining committee, ensuring that we are represented across schools, ranks, and titles. The bargaining committee will negotiate our contract with support and help from expert negotiators, lawyers, and researchers with the UAW. Once our contract is ratified, we will be one of many academic bargaining units affiliated with UAW Local 7902.
Along with all the other UAW Local Unions, we will also send delegates to the UAW Constitutional Convention every four years, to set the International’s policies and goals.