In light of the formal notice of intent to strike starting November 12 received by the university from the coalition of Graduate Employees (CGE or union), members of the University Community have reached out with questions. Here are some FAQs related to this topic which include some of those questions received and other questions typically asked in this situation.
General Questions
A strike is when a group of employees choose to withhold their labor. Public employees have a protected right to choose to withhold their labor. It is an action initiated and ended by the employee group.
Only individuals who currently hold a position represented by CGE, specifically current Graduate Teaching Assistants (GTAs) and Graduate Research Assistants (GRAs), can strike. All other employees are required to render services under the normal university procedures.
Yes, employees who choose to work (and not to participate in the strike) are able to come to work. Labor laws protect the right of all employees to cross a picket line. Employees holding a Graduate Teaching Assistant or Graduate Research Assistant position have the right to independently decide whether or not to participate in a work stoppage. Independently means free from pressure from others, including management.
Employees not employed as Graduate Teaching Assistants and Graduate Research Assistants, may not participate in a strike or sympathy strike, including those covered under other collective bargaining agreements. Such conduct is not protected by Oregon labor law.
Yes. Picketing is an activity often accompanying a work stoppage (strike). Picketers (including but not limited to the striking workers) may carry signs, make speeches, hand out information, engage in conversations, among other expressive activities per OSU’s Freedom of Speech Expression Standard. This Standard embodies the rights and responsibilities of protesters and other actors. Picketing and other speech and expression may be limited based on time, place and manner per our Free Speech and Free Expression policy.
There is an existing campus policy on demonstrations and protests that describes the general types of conduct that are not permitted. https://policy.oregonstate.edu/policy/proscribed-conduct. Certain conduct is prohibited by policy and not protected by law. For example, picketers cannot block access to University facilities or prevent non-striking employees from working. While picketers have a right to talk to people going in or out of campus buildings, threats and coercion (physical or verbal) are not permitted. The Freedom of Speech and Expression Standard also provides boundaries beyond which speech and expression are not protected.
Picketing is lawful as long as it follows the University’s access and use rules, and does not block other employees or interfere with normal University operations. If an employee feels like they are prevented from working by picketers or striking employees, they should notify their supervisor and contact Employee and Labor Relations for assistance.
For updates from the University, visit University’s Graduate Assistants Bargaining webpage or contact the Union.
Employees not employed as Graduate Teaching Assistants and Graduate Research Assistants, including those covered under other collective bargaining agreements, may not participate in a strike or sympathy strike. Such conduct (including refusing new work assignments) is not protected by Oregon labor law. To the greatest extent possible, classes will continue as scheduled to provide continuity to students during this disruption. In alignment with their positions, employees may be assigned to provide services to students. We recommend employees work with their supervisors for support prioritizing work assignments based on emerging needs within the colleges.
Students
To the greatest extent possible, classes will continue as scheduled. Should any disruption occur, students should email [email protected]. Please be prepared to share the course name and section number, if known, as well as the course meeting time and location. The academic unit will then be notified and provide additional guidance.
No, the University intends to continue classes and work to provide continuity in your education.
Units and the supervising faculty will determine how to maintain continuity for learners. Academic instruction will continue, as will grading.
Represented Graduate Research Assistants and Graduate Teaching Assistants
No. The Graduate Teaching Assistant and/or Graduate Research Assistant is not required to tell their supervisor in advance if they are going to participate in the strike.
Graduate Teaching Assistants and Graduate Research Assistants in the bargaining unit who are absent for any reason during the strike will be asked to report their absences for each day of the strike to University HR. The Graduate Employee Time Reporting Form should be completed and submitted daily (not later than midnight of the day labor is withheld) to ensure proper attendance and pay for working is documented.
No. Graduate Teaching Assistants and Graduate Research Assistants who are in the represented bargaining unit can choose to work or choose to strike. If they choose to work, they will be paid as usual. As with any strike action, employees who elect not to work as scheduled, will not be paid.
Bargaining unit employees who lawfully exercise their right to strike will be considered on strike and not working. Employees may not use any form of paid leave while engaging in strike activities.
A represented Graduate Teaching/Research Assistant is related to the individual’s employment status. Those who choose to strike in their employment role are still expected to attend classes and continue making progress in their educational pursuits.
Yes. Employees may use non-work time to participate in activities of their choice.
Yes. The university maintains a legal obligation to accurately compensate employees for work performed and maintain records of such compensation. OSU has a long-standing requirement that employees accurately and appropriately report time worked and time not worked for payroll purposes to ensure that pay is accurate. This requirement applies to all employees, including those who choose to withhold their labor during a strike.
Because OSU's payroll system auto-populates time as worked for exempt employees based on their FTE, when there is a change in day-to-day work schedules, employees are expected to report such changes. The time-tracking form has been set up to support accurate time reporting for employees who choose to withhold their labor and to confirm payroll appropriately reflects the hours employees have worked.
If GRAs/GTAs have questions about the FAQs, they should ask [email protected] or their union steward or union representative.