Be Informed on Postdoc Unionization at Einstein

What Einstein Says

What Einstein Leaves Out

What is going on?

Einstein recently received a union election petition for the United Auto Workers (UAW), Einstein Researchers United-UAW to represent all postdoctoral fellows at Einstein. Following discussions between the National Labor Relations Board (NLRB), Einstein, and the union, the NLRB will be conducting an election to determine whether or not the postdoctoral fellows want to be represented by the UAW for purposes of collective bargaining.

The election is taking place on May 15 and 16 from 10:00 am to 2:00 pm and from 3:00 pm to 6:00 pm on both days. The location for voting is on Stage of the Robbins Auditorium.

The NLRB is a federal agency created to enforce the National Labor Relations Act (NLRA). The NLRA protects workers and allows them to choose or not to choose union representation.

After many months and hundreds of conversations with coworkers about the possibility of unionization, a supermajority (more than 80% of us) signed authorization cards in support of forming our union, Einstein Researchers United-UAW (ERU-UAW) early last month. We then reached out to Einstein to request a meeting to discuss a fair process for verifying our majority support and asked that they refrain from interfering in postdocs’ democratic choice of whether to unionize. The following week we filed for a formal union election with the National Labor Relations Board. On April 25th, 2024 we reached an agreement with Einstein on the terms of our union election.

What is Einstein's position on postdoctoral fellows becoming unionized?

Einstein respects the rights of postdoctoral fellows to decide to unionize or not, however, we do not believe that a union is necessary or appropriate in this circumstance as it could change the fundamental relationship, based on mentorship and professional development, you have with Einstein and the flexibility your principal investigator currently has to address your individual needs.

Einstein values a flexible and direct working relationship with our postdoctoral fellows, and we believe that you, and our organization, are best served if we maintain that without the involvement of a third party. We believe we can continue to make progress on issues of importance to our postdoctoral fellows without risking the fundamental collaborative and direct working relationships Einstein’s research environment is built on or introducing the uncertainty, conflict and disruption that collective bargaining can bring

We delivered a letter to the Einstein administration several weeks ago asking them to remain neutral in this process, because we believe this is a decision postdocs can and should make by ourselves. They did not respond to our letter, and it is now clear that Einstein has chosen not to respect our request, instead taking a clear position against us forming our union.

No postdocs with the UAW have negotiated a contract that removes individuals’ ability to work directly with their PI to address their individual needs. Because we as postdocs will make our own decisions about our contract it is hard to imagine we would negotiate or vote to approve such a contract. 

Instead, UAW academic contracts have established minimum rights on different aspects of researcher working conditions, while preserving the ability of PIs and postdocs to agree on terms above those minimums. At Mount Sinai, for example, postdocs negotiated pay scales that guarantee minimum salaries but stipulate that the institution may pay more. 

The only thing that changes once we have a union is that Einstein must maintain our current standards or, if they want to make changes, negotiate with us as equals.

Is Einstein “anti-union”?

Einstein is pro-postdoctoral fellows, not anti-union. We prefer to work directly with our postdoctoral fellows and believe you are better off working directly with us though existing systems. We think that the most productive way to address an issue is speaking directly, and head on. 

We are committed to operating in good faith and following all the rules and regulations related to your right to choose. We support and respect the rights of our postdoctoral fellows to cast your confidential ballot on whether you want representation by a union.

It is contradictory for the administration to say they are “pro-postdoctoral fellows, not anti-union”. As postdoctoral fellows, we are the union and we should be able to decide for ourselves whether we are “better off” with currently existing systems or with collective bargaining. Einstein wants to make it seem as if there is a difference between us and our union in order to convince us to vote “no”.

We are glad that the administration says that they remain committed to operating in good faith, but we are also disappointed that they have decided to try to influence postdocs purely because they think we would be “better off” working through existing systems. More than 80% of us signed authorization cards in support of forming our union because we know we would be better off with the power to bargain collectively with the administration as equals.

How does Einstein support its international postdoctoral fellows?

Through the Office of International Scholars, Einstein supports international postdoctoral fellows in multiple ways. This includes completing all filings for you and your family members, as well as providing advice related to your visas and living and working in the United States.

While we appreciate the support Einstein provides, international postdoctoral fellows experience many specific challenges that are not being sufficiently addressed by Einstein. We also know we stand to gain more enforceable rights and support in these areas through unionizing. In Mount Sinai’s recent contract, for example, they won protected paid time off for visa renewal, reimbursement of visa-related feeds of up to $1,250, and an automatic relocation payment of $1,500 for new postdocs, among other improvements.

And, by working together with more than 100,000 academic workers in the UAW we can have a stronger collective voice to advocate for the issues that matter to us, especially those of us who cannot vote in U.S. elections - including immigration reform, climate change, and enhanced science funding. We believe by joining the UAW we can also build a constructive relationship with Einstein around fighting for these areas of mutual interest at the national level.

What does “collective bargaining” mean?

Collective bargaining is the process through which an organization and a union negotiate the terms and conditions of work for a group within the organization in what has been determined to be an appropriate bargaining unit. In this case, instead of postdoctoral fellows being treated as the individuals you are, you would be treated as one big group or collective.

Also, both the union and management are required to “bargain in good faith.” Good faith bargaining means those parties meet at reasonable times and places, make proposals and counter proposals, and negotiate in good faith with respect to wages, benefits and other terms and conditions of employment with the goal of reaching an agreement. Neither party is required to make concessions, and either side can say “no” to the other’s demands. The parties are not required to come to any agreement as part of the collective bargaining process and there is no guarantee that the union and the organization would ever reach an agreement.

Collective bargaining is a process, protected by US law, that equalizes the power relationship between employees and their employer. Einstein is correct that if we vote to form our union, they would be legally obligated to bargain with us in good faith over our pay, benefits, and other terms and conditions of our employment - something they do not do currently, and cannot do except with a legally recognized union.

Under collective bargaining, Einstein postdoctoral researchers and scholars would elect representatives to negotiate on equal footing with the Einstein administration and put the terms of our employment into a legally-binding contract. Through collective bargaining, postdocs and other academic workers across the country have successfully negotiated improved wages and benefits, stronger protections against discrimination and harassment, expanded family-friendly benefits like paid leave and childcare subsidies, and other important provisions.

It is true that there is no legal requirement that Einstein reach an agreement, but if they respect postdocs and bargain in good faith, we are confident we will reach a fair agreement similar to the more than 100,000 other UAW academic workers across the US.

If a union is voted in, will postdoctoral fellows automatically receive better work conditions, higher pay, and improved conditions?

No. If a union is voted in, no terms and conditions change automatically. In fact, Einstein would be violating federal law if it were to make any changes to those terms and conditions as it is required to maintain the status quo during negotiations. Any changes would only be made once Einstein and the union reach an initial contract, which can take an average of 15 months and approximately 32% of new unions still don’t have an agreement within three years after their election.

Changes to working conditions, pay, and benefits are subject to the collective bargaining process. The union cannot guarantee that postdoctoral fellows will receive better wages, benefits, or schedules as Einstein would have to agree to everything that’s included in the contract.

Einstein is correct that our conditions will not change automatically if we vote to form a union. However, it is highly misleading to claim that no immediate changes can be made.  Einstein will no longer determine our working conditions unilaterally, but nothing prevents them from negotiating changes to our working conditions with us before a final contract is reached. For example, at Mount Sinai the administration proposed a 3% across the board increase that was intended to go into effect while negotiations continued over other topics, including an more significant increases upon ratification. After making some minor modifications, the union’s bargaining committee agreed, and the raise went into effect. 

The length of time necessary to negotiate a strong first contract has depended on the strength of the campaign and the willingness of the employer to bargain in good faith. For example, Einstein could help ensure a timely process by agreeing on a fair and efficient timeframe with regularly scheduled bargaining sessions and a strong commitment to reaching a fair agreement.

At other major research institutions where postdocs have formed unions, researchers have been able to negotiate significant improvements despite facing opposition from their employers. Postdocs at Columbia University, University of Connecticut, University of Washington, and University of California negotiated for 16 months, 13 months, 13 months, and 18 months respectively. But it is also possible to negotiate much more quickly.  For example, with a serious commitment to reach a fair agreement by the administration, 4,000 student employees at the University of Washington negotiated their first contract in just under two months.  We would hope Einstein would strive for an efficient process, rather than delaying needed improvements.

Can the union increase my voice on important issues?

Einstein already provides a number of processes for postdoctoral fellows to share and elevate ideas, feedback, and concerns. These include:

With collective bargaining, any changes would need to be negotiated between the union and Einstein – and agreed to by both. A union may promise to address topics that postdoctoral fellows are concerned about, but the union can’t make any changes unilaterally.

Both a strong union and a postdoc organization can play a critical role in providing a voice for Einstein postdocs. The Einstein-sponsored EPA, Senate, and other committees provide important opportunities for postdocs to participate in social and career development opportunities, advocacy efforts, and giving input to the Dean on institutional policies. but it is not an alternative to a union. While these groups make recommendations to the institution on behalf of postdocs, they cannot engage in collective bargaining. Unions and associations like EPA and Senate often work together at academic institutions where both exist.

Currently, Einstein can unilaterally make changes to our working conditions. With collective bargaining, the administration would have to bargain with postdocs at Einstein to make changes - we would be on equal footing.

What is a union?

A labor union, like United Auto Workers, which is conducting the campaign at Einstein, is an organization that represents a specific group in a certain trade, industry, or corporation, and has the exclusive right to bargain with management on behalf of that group over the topics of wages, benefits, and working conditions. Like any business, unions need revenue to operate and survive. This revenue comes mainly from membership dues.

As postdoctoral scholars at Einstein, we are the union. By working together and determining our priorities collectively, we can build more power to improve our working conditions. Currently, individual postdocs do not have the ability to bargain with our employer as equals over our rights and benefits. Once we have formed our union, Einstein will have a legal obligation to negotiate with postdoctoral researchers. Individuals will have many ways to participate in the process and make their voice heard, including shaping our goals through surveys, meetings and other forums, running for or electing representatives who will negotiate with the Einstein administration, and voting to ratify our first contract.

Union dues are important to allow workers to pool their resources to successfully negotiate with multi-billion-dollar employers like Einstein. See more information under “What are union dues?” below.

What are the risks of having a union?

Your relationship with Einstein and your principal investigator could change, and in many ways you might not like. Instead of collaboration, the relationship could become adversarial. You may be forced to go out on strike. There is also uncertainty around collective bargaining. You may end up with wages, benefits, or working conditions that are better, worse, or the same to what you have today – or see no changes until after months of negotiations.

Currently, first union contracts can take an average of 15 months to negotiate and ratify once bargaining begins (more than 1/5 of the postdoctoral fellow life cycle). Additionally, approximately 32% of new unions still don’t have an agreement within three years after their election, meaning those members are still waiting for the union to keep its promises. And, if a union is voted in, it will likely be here forever – long after the current postdoctoral fellows are appointed as faculty at Einstein or have moved on to other institutions. It is not something to just “try out.”

The only way our relationship with Einstein is sure to change with a union, is that we will have a more equal say over our working conditions. Over 80% of postdocs have already indicated support for this kind of change. The administration emphasizes potential "risks" of having a bigger voice in decision-making at Einstein without providing empirical evidence for us to evaluate the likelihood these risks would happen. On the contrary, there are numerous examples from the thousands of other researchers who have unionized, who have made major gains without conditions getting worse. In order for things to get worse at Einstein with a union, postdocs would have to vote to approve such changes in a contract we bargain together. It is hard to imagine we would vote to ratify such a contract. 

The length of time bargaining takes, and whether postdocs ultimately decide to vote to authorize and go on strike for a fair contract, would depend largely on how “adversarial” Einstein chooses to be in response to improvements that we propose. Currently, Einstein can choose to ignore calls for such improvements. They would clearly prefer to retain that ability, or they would not be putting so much effort into getting us to vote no.

Without a union we have no ability to predict how long it will take for working conditions to improve because Einstein can decide unilaterally whether to make changes, what they will be, and whether to notify us beforehand. After we vote yes for our union, they will be legally obligated to bargain these decisions.

What is a union contract?

A union contract is an agreement between an organization and a union that covers the terms and conditions of employment for a bargaining unit, including wages, benefits, hours of work, and other working conditions. The collective bargaining process requires only that the parties meet and negotiate in good faith over mandatory subjects of bargaining and that they reduce any agreements to writing. There is no time limit on negotiating a collective bargaining agreement and no party is required to agree to any proposals of the other, nor make any requested concessions.

After our union is formed, we will elect a bargaining committee made up of Einstein postdocs, who will use surveys and other feedback to develop an initial set of bargaining goals to be voted on by all Einstein postdocs. Our bargaining committee would then negotiate with a group chosen by the Einstein administration to represent them, typically a combination of administrators, legal counsel, and faculty, in pursuit of those goals.

During our negotiations, we would develop a participatory campaign to support our bargaining committee in achieving improvements at the bargaining table. Once our committee reaches a tentative agreement they feel they can recommend, we would vote on whether to approve it as our first contract. Other UAW postdoc contracts have focused on establishing floors, while allowing workers the flexibility to receive pay and benefits above these standards.

If a union is elected as the bargaining representative, but I did not vote for it, will I still have to become a member of the union?

If a majority of postdoctoral fellows who participate in the union election vote for union representation, all postdoctoral fellows would be represented by the union and would be covered by any negotiated collective bargaining agreement. The union will have the exclusive authority to negotiate with management on the wages, benefits, and working conditions that postdoctoral fellow receive. There is no option to opt out of representation by the union or coverage by a union contract if the union is elected.

No one can be required to become a member of the Union after we have a contract. In most contracts, since everyone in the bargaining unit must receive all of the benefits of the contract, non-members are generally required to pay a comparable “fair share” fee, so the cost of representation is shared equally. The inclusion of a similar provision at Einstein would be something we decide as part of our bargaining agenda, subject to negotiation with the Einstein administration and contingent on ratification as part of our contract. No one willIn any case, we will not pay dues or “fair share” fees until we have voted to approve our first contract.

Most academic worker unions have such a provision in the contract because it means we have more power and more resources available to enforce our rights under our contract, campaign for the best possible future contracts with the administration, and help other academic workers form their own unions. In the UAW, there is a one-time initiation fee, which ranges from $10 to $50 and is determined democratically in local union bylaws approved by members.

If a union is elected as the bargaining representative and the postdoctoral fellows don’t like it, can they simply get rid of it?

It is possible but it is an extremely difficult process. The process, known as decertification, allows members to try to vote a union out. A petition for decertification is prohibited for the first year after an election and during the first three (3) years of an agreement, except for a 30-day window period from 90 days to 60 days prior to the collective bargaining agreement expiration except for a 30-day period from 90-days to 60-days prior to the collective bargaining agreement expiration.

No group of postdoctoral researchers in the US has ever voted to decertify their union. However, the process of decertifying a union is no more complicated than the process of forming one. Postdoctoral researchers have made major gains through forming unions, while forming responsive, democratic structures to make decisions about working conditions.

What does it mean to be a member of a union / What does “union representation” mean?

You would become members of what is called a “bargaining unit.” Your ability to deal directly with your principal investigator about the things that are important to you as an individual, such as the flexibility to discuss things like wages, benefits, and working conditions could largely disappear. Being represented by a union means that the terms and conditions of postdoctoral work are negotiated between a union and Einstein (or attorney representatives of both parties) as a collective. All union members are bound by the union constitution, and all postdoctoral fellows in the designated unit are bound by any resulting collective bargaining agreement, regardless of whether you personally wanted to be represented. Essentially, in a union environment, Einstein would no longer be able to flexibly treat our postdoctoral fellows as the individuals you are.

The Einstein administration currently holds exclusive, unilateral control over our pay, benefits and workplace rights. Like most employers, they would probably prefer to retain that power.

Collective bargaining, on the other hand, is a process, protected by US law, that equalizes the power relationship between employees and their employer. The UAW currently represents 100,000 academic workers in collective bargaining at institutions across the US. Through collective bargaining, postdocs and other academic workers in the UAW have successfully negotiated improved wages and benefits, stronger protections against discrimination and harassment, expanded family-friendly benefits like paid leave and childcare subsidies or funds, retirement, and other important provisions. With collective bargaining, the Einstein administration would be legally obligated to negotiate salary rates with our elected bargaining team and all postdocs would vote democratically on the results of those negotiations.

Collective bargaining also allows for flexibility in areas we decide are appropriate. As an example, all UAW postdoc contracts preserve the right of individual PIs and postdocs to work out salary rates higher than the minimums negotiated in collective bargaining. You can see examples from Mount Sinai (Art 5.), Columbia University (Article 2), University of Washington (Article 32), and University of California (Article 4).

If I already signed an authorization card, can I still vote against being represented by the union?

Signing an authorization card is not the same as voting and does not obligate you to vote in favor of the union. You are encouraged to vote your conscience and for the outcome that works best for you.

Whether you signed a card or did not sign a card before, every postdoc has the right to vote yes or no in this election. Based on their communications so far, it seems clear that Einstein would prefer that we vote no. But a strong majority - over 80% - of us signed ERU-UAW authorization cards. ERU-UAW encourages all postdocs to vote, and a big “yes” vote will help us to negotiate stronger improvements in collective bargaining.

How is the result of the election determined?

The result is determined by a simple majority of those who cast votes in the election. For example, if 100 postdoctoral fellows are eligible to vote, but only 35 actually vote in the election, then a simple majority of 18 fellows will have determined the outcome for all 100 in the proposed bargaining unit. That’s why it’s so important that everyone who is eligible participates in the election on May 15 and 16.

This is how most elections work in the US. ERU-UAW encourages all postdocs to vote.

80% of postdocs have already signed up in support of ERU-UAW as our union and participated in an initial survey to start shaping our collective priorities. Einstein appears to want us to vote no because when a majority votes yes, they will have a legal obligation to bargain with us for the first time.

A strong majority of postdocs voting yes will establish a strong voice going into bargaining.

What are union dues?

Like any organization, unions have to support themselves. The money they collect in dues and fees goes to administrative costs, political spending, advertising, travel, and other expenses, as well as salaries for their officials.

The union determines the amount of dues and fees. Union dues are paid by members to the union and may be deducted directly from the union member’s pay.

Membership dues provide the resources necessary for effective representation.  In the UAW, we do not pay dues until we have gone through the bargaining process and voted democratically to approve our first contract.   Dues are critical for providing us with independent resources that are not controlled by Einstein. We decide what to spend our dues on, but some examples from other UAW postdoc unions would include making sure we have appropriate legal, bargaining, community and staff support to represent all postdoctoral researchers. UAW membership dues are currently 1.44% of gross monthly income and can only be increased by membership action (the membership in a few local unions, for example, have voted to increase dues above 1.44% to have more resources), with a one-time initiation fee from $10 to $50, as democratically decided by the local union. We will decide whether to propose payroll deductions of union dues in our negotiations, and this provision would also be subject to agreement by Einstein.

Would I be required to pay union dues? Even if I didn’t vote for the union?

The UAW indicates that dues are 1.44% of gross pay, so the amount postdoctoral fellows pay in dues increases with your salary. The level of dues is the sole discretion of the union, and dues are required from everyone represented by the union. If a union is elected, paying dues will likely become a condition of employment in order to work as a postdoctoral fellow at Einstein. This is because the union will likely try to negotiate a “Union Security” clause into a collective bargaining agreement. If that happens, dues may be collected directly out of postdoctoral fellows’ paychecks, depending on what’s agreed to in the contract.

The administration wants us to believe that dues will be “forced” on us without our consent.  In fact, we only begin to pay dues once we have elected a bargaining committee, negotiated our first contact, and voted democratically to approve that contract. Voting yes to the contract would mean we believe it makes sense to pool our resources by paying dues to sustain our representation and to enforce our rights under our contract moving forward. Dues provide critical resources to be able to represent ourselves long term. 

A union security clause typically says non-members pay a fee comparable to dues in order to cover the cost of representation fairly, since all postdocs would benefit from any improvements and representation won through our union. The inclusion of such a provision at Einstein would be something we decide as part of our bargaining agenda, subject to negotiation with the Einstein administration and contingent on ratification as part of our contract.

For examples of the kinds of effective representation and action made possible with membership dues, read this great summary from UAW 4121 at University of Washington. For more details on union dues and a breakdown of where dues money goes, check out our FAQ.