Union leaders ended the push for a graduate student union at Vanderbilt last week amid shifting political terrain at the National Labor Relations Board. Attorneys with the United Auto Workers of America, the national union aiding student organizing efforts at Vanderbilt, withdrew the petition for a campus vote on Dec. 12, effectively abandoning more than a year of progress toward union recognition.
In February, student organizers began collecting union authorization cards, the first official step toward signaling support for a union vote. (The university approved stipend raises for graduate students two weeks later, which Vanderbilt says was unrelated to a pending union.) Intended to publicly demonstrate support, that decision to “drop cards” followed months of rallies and campus events meant to share grievances among colleagues and lay the groundwork for a union. Graduate students, with help from UAW attorneys, initiated union elections with an NLRB filing in October. An estimated 2,200 graduate students — those who perform duties for the university like research and teaching — would have been covered by union bargaining.
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Vanderbilt retained outside counsel and immediately contested the proceedings, which required them to share certain information about graduate students with the NLRB. In November, Vanderbilt separately sued the NLRB in federal court, claiming the election process violated students’ expectations of privacy. The National Right to Work Foundation, a nonprofit organization that uses strategic litigation to oppose organized labor, provided free legal counsel for three Vanderbilt students who joined the suit.
Judge Waverly Crenshaw ruled for Vanderbilt on Dec. 12, agreeing that NLRB regulations to disclose student information could imperil Vanderbilt’s obligations under the Family Educational Rights and Privacy Act (FERPA). The court determined that “Vanderbilt, as an academic institution receiving federal funding, cannot comply with both FERPA and the Regulations as currently written during this election proceeding.” The precedent could present legal ground for many universities to challenge student unions during the election process.
The ruling also disrupted the NLRB election process, creating a legally uncertain path for Vanderbilt students to continue their effort. The same day, the UAW filed to withdraw its election petition. The NLRB granted that withdrawal on Dec. 13.
"Our main obstacle to having a union is Vanderbilt," reads a statement shared with the Scene by graduate students. "Taking on our main obstacle is better served by working outside the NLRB process at this time. We’ve done this before, and made a lot of progress. Vanderbilt has the ability to recognize us at any time, as many other universities have done. They should respect our legal and democratic rights so that we can move forward."
Vanderbilt directed the Scene to a recent letter from provost C. Cybele Raver and vice provost C. André Christie Mizell, who served as liaisons between the administration and student body throughout the campus unionization campaign.
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“The union’s decision to withdraw its petition and demand provides a path for us to move forward together,” the letter reads, in part. “Vanderbilt’s leadership remains deeply committed to listening to your feedback and enhancing your experience as a vital part of our academic community. Your voices are integral to ensuring that all graduate students thrive at Vanderbilt. We look forward to continuing to collaborate with the Graduate Student Council, which serves as an effective advocate for your interests. We value our relationship with the GSC and encourage you to get involved.”
Donald Trump’s election victory and a GOP-controlled Congress also pave the way for NLRB appointees hostile to organized labor. With the Senate scrambling to complete lame-duck Biden appointments across federal courts and agencies, the NLRB’s two existing vacancies could fall to Trump in January, establishing a controlling majority for the president-elect. (Current board member Marvin Kaplan was appointed by Trump in 2017.)
The NLRB oversees various details and aspects of the unionization process. A failed push could quash union hopes at Vanderbilt in the short term, organizers say, and potentially create precedent that threatens existing campus unions across the country.
