This story is developing and will continue to be updated.<\/p>\n
Penn asked a federal court on Friday to intervene in a longstanding dispute with its graduate worker union over whether certain doctoral students are eligible for union representation.<\/p>\n
The Aug. 7 declaratory judgement action sets up<\/a> a legal battle between Penn and its largest labor union, Graduate Employees Together \u2014 University of Pennsylvania. The University is seeking a ruling that first- and second-year students in the Biomedical Graduate Studies program are not employees represented by the bargaining unit and that GET-UP cannot pursue arbitration over the issue.<\/p>\n A University spokesperson wrote to The Daily Pennsylvanian that Penn \u201cmaintains its firm position that first- and second-year biomedical graduate studies (BGS) students are engaged in academic activities as they complete the foundational academic milestones of their doctoral program.\u201d<\/p>\n \u201cThese are not bargaining unit activities,\u201d the spokesperson wrote. \u201cThis distinction is important because it preserves students\u2019 right to focus on their academic progress during this critical period, as well as the University\u2019s right to make decisions in support of that academic progress.\u201d<\/p>\n Get the DP delivered straight to your inbox.<\/p>\n Sign Up<\/a><\/p>\n A request for comment was left with GET-UP.<\/p>\n According to the complaint, GET-UP filed a grievance on April 8 alleging that Penn\u2019s description of the bargaining unit \u201cimproperly omitted certain first and second year BGS students\u201d \u2014 in particular, those \u201cwho have joined labs and are no longer on lab rotation.\u201d Penn\u2019s filing argues that \u201cstudents do not \u2018join labs\u2019 during those years and provide no research services to the University\u201d until their third year.<\/p>\n Article 1 of the collective bargaining agreement<\/a> reached between Penn and GET-UP in February \u2014 ratified<\/a> as the union\u2019s first contract \u2014 states that \u201cfirst and second years of the Biomedical Graduate Studies PhD Program\u201d are excluded from the union\u2019s representation.<\/p>\n \u201cThe Union\u2019s instant grievance and demand for arbitration is predicated on the presumption that first and second year BGS students are \u2018employees\u2019 as defined by the NLRA, and thus capable of inclusion within the agreed-upon bargaining unit specified in the CBA,\u201d the filing reads. \u201cThis presumption is inconsistent with clear federal labor law as pronounced by the NLRB.\u201d<\/p>\n Penn also argued that \u201carbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he or she has not agreed so to submit.\u201d<\/p>\n As defined in article 10 of the contract<\/a> between Penn and GET-UP, a grievance \u201cis a claim or dispute regarding the interpretation, application, or alleged violation of specific terms or provisions of this Agreement.\u201d<\/p>\n Moving forward with a grievance is a multi-step process that involves back-and-forth dialogue between GET-UP and the University. If the issue remains unresolved, GET-UP can file \u201ca demand for arbitration with the Philadelphia Office of the American Arbitration Association.\u201d<\/p>\n The arbitrator\u2019s decision is \u201cfinal, conclusive, and binding upon\u201d all parties. GET-UP and Penn split arbitration fees equally but are responsible for expenses associated with their \u201cown attorneys and witnesses.\u201d<\/p>\n The status of educational fellowship recipients \u2014 a classification that includes first- and second-year BGS students and first-year biology graduate students in lab rotations \u2014 has long been a point of contention between GET-UP and the University.<\/p>\n GET-UP and Penn attended<\/a> a National Labor Relations Board hearing in November 2023 aiming to settle the matter, which delayed GET-UP\u2019s unionization election. The union argued that many educational fellowship recipients came to Penn with prior research experience and meaningfully contributed to research \u2014 qualifying them as workers eligible for the bargaining unit \u2014 while the University contended that graduate students in lab rotations were solely engaged in training.<\/p>\n In March 2024, the NLRB ruled<\/a> that educational fellowship recipients should be excluded from voting in the unionization election. GET-UP won an appeal<\/a> the following month which allowed educational fellowship recipients to vote but left their status in the union\u2019s bargaining unit up for future consideration.<\/p>\n After the tentative agreement was reached, a Penn spokesperson wrote<\/a> that the bargaining unit\u2019s scope \u201cwas one of the many issues the University and GETUP-UAW resolved through negotiations.\u201d GET-UP members told the DP at the time that the issue remained disputed and that they would continue pushing for the inclusion of \u201call workers\u201d in the union.<\/p>\n GET-UP\u2019s contract with Penn is set to last until June 1, 2028. The two parties must begin negotiations to renew the contract by 60 days prior to its expiration date.<\/p>\n Staff reporter James Wan covers academic affairs and can be reached at wan@thedp.com<\/a>. At Penn, he studies communication and computer science. Follow him on X @JamesWan__<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"This story is developing and will continue to be updated. 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