Frequently Asked Questions
Find answers below to frequently asked questions. Don’t see your question here? Get in touch here.
General
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We are fellows that came together to form a union in order to improve science careers and our experience working at NIH.
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Forming a union is the only way to have the power to negotiate with NIH management as equals and reach a legally binding contract that gives us enforceable workplace improvements. It also will strengthen the voice of researchers in an increasingly difficult political environment.
With collective bargaining, fellows set our priorities and our agenda—and we elect fellows from among ourselves as representatives to negotiate on equal footing with NIH management for improvements such as salary increases, career development resources, parental leave, protections from harassment and discrimination, and much more. Additionally, we hope to gain more support and recognition for our research contributions which make intramural research at NIH possible.
Without a union, NIH management does not need to get the input of employees and has unilateral power to change workplace conditions or decide whether to make improvements.
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Collective bargaining is a process, protected by the law, that equalizes the power relationship between employees and their employer. Under collective bargaining, NIH fellows elect peer representatives to negotiate as equals with the NIH management. These negotiations result in a proposed contract called a tentative agreement which guarantees the terms and conditions of employment for fellows. All fellows will then have a vote in democratically approving the tentative agreement. If approved, the tentative agreement becomes a legally-binding contract.
Through collective bargaining, research workers here at the NIH and at other institutions have negotiated improvements in their wages, benefits, job security, leaves, protections against harassment and discrimination, and many other terms and conditions of their employment. Without collective bargaining, NIH has unilateral power to change our working conditions.
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Our effort includes fellows at the postbaccalaureate, predoctoral, and postdoctoral career stages, such as:
IRTA Fellows
CRTA Fellows
Visiting Fellows
Research Fellows
Clinical Fellows
Other early career researchers in non-permanent positions
If you aren’t sure if you are a fellow, get in touch!
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The work we do at the NIH is essential to the institution’s research mission. Without fellows at the NIH, research would grind to a halt. There are lots of jobs where you train and develop your skill set while working. The fact that we’re considered trainees doesn’t change the fact that we have the right as workers to form a union.
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All fellows have the opportunity to become members of our union. It is an individual decision whether to join as a member, but a supermajority of fellows choosing to join will make our union stronger and allow us to effectively enforce our rights. Members will be able to participate in the democratic decision making processes of our union and they will support our work in fighting for all NIH fellows by paying dues.
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Most people change institutions several times during their research career. The transitory nature of our jobs makes it easier for our employers to mistreat us, making it even more important for us to organize. We’re part of a broader researcher labor movement, and every research workplace that organizes makes science careers better.
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In Summer of 2021, a group of NIH Fellows voted to request support from UAW to help form a union. Following this decision, the UAW International Union pledged to support NIH Fellows with a card campaign to form a union. UAW is the International Union of United Automobile, Aerospace and Agricultural Implement Workers of America. UAW has historically been one of the largest and most diverse unions in North America. In recent decades, more than 100,000 workers in higher education have joined the UAW, making UAW the single largest union of academic workers across the US. UAW has a great track record of successfully organizing research workers and helping research workers win meaningful improvements to their working conditions through collective bargaining.
There are UAW members working at:
University of California system (48,000)
University of Massachusetts system (3,600)
NYU (2,000)
University of Washington (6,000)
California State University system (10,000)
University of Connecticut (2,500)
Columbia University (5,900)
Boston College (800)
The New School (900)
Harvard University (4,000)
These workers include graduate student researchers, graduate student instructors, postdocs, postbacs, and staff scientists. About 1 in 10 postdocs in the United States are in UAW. The only unionized postbacs and staff scientists at universities in the US are in UAW.
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Many researchers at other institutions who have been involved in institutional advocacy organizations such as postdoc associations and student governments still support unionization. Groups like Fellows Committee (FelComm) have an important role to play, but only by having formed a union can fellows collectively bargain a legally binding contract over the terms and conditions in our role as workers at NIH.
Additionally, as more researchers form unions, fellows will have a stronger voice to advocate on broader issues such as increasing public investment in research, better visa and immigration policies for international researchers, and better working conditions for all researchers.
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Forming a union is the best way to address issues with equity and inclusion in science. By having a union, we can win enforceable protections against discrimination and harassment. Without a union, policies protecting underrepresented groups still depend on the institution’s willingness to enforce them.
Researchers who belong to marginalized and underrepresented groups often face disproportionate barriers in their academic careers. Forming a union would give us more power to bargain for policies that actively support them, ensuring that the NIH is more equitable and inclusive. Some union contracts codify broader protections for groups beyond those protected by state/federal law, such as national origin, parental status or union activity and membership. Some have more specific definitions of what constitutes discrimination or harassment—for example, explicitly defining harassment as including intentional and repeated misgendering of an individual. Some unions have also won paid parental and disability leave and accommodations for disabled researchers.
Many also include important changes to policies that center the most vulnerable— UC Postdocs won a survivor-centered grievance procedure that dramatically improves the Title IX process, and allows for appeal to a neutral third party (outside of the University, and in our case, the Agency) in cases of discrimination or sexual harassment. There are other examples too – peer led SVSH training, paid parental leave, protection from bullying & abusive conduct, etc.
Beyond the contract itself, a union can be a support system. We can ensure that when someone is facing a tough situation, there is somewhere they can go to seek advice and support.
Membership
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Signing up to be a dues-paying member of your union means joining a majority of your coworkers in membership. Strong membership is essential to building a strong union. High membership demonstrates to NIH management that NIH Fellows are united and ready to exercise our rights, and it ensures that NIH Fellows–through our union–can effectively pool our resources together and improve our working conditions.
Members, and only members, have a voice in shaping the union’s priorities, electing and running for union leadership, and participating in union committees.
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Generally, any intramural NIH Fellow working as a postbaccalaureate fellow, predoctoral fellow, postdoctoral fellow, visiting fellow, research fellow, or clinical fellow is eligible for membership in the union.
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Yes! If you are working in the US, you have a right to participate in unions in your workplace, regardless of immigration status. Visa requirements in no way compromise any fellow’s right to belong to a union. No academic union members have ever reported any complications arising from being both an International researcher and a unionized employee.
In fact, international researchers hold many of the leadership positions in UAW Academic Worker locals. International researchers in other unionized workplaces have found that their union is one of their most effective ways to have a voice in US policies that affect them.
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Yes, members have to pay dues. Typically, workers who form a union find that the value of improvements from their collective bargaining agreement more than balance out the cost of dues. In other workplaces where researchers have decided to form a union with UAW, a majority of workers choose to become members and pay dues because they see value in a strong and well functioning union.
UAW membership dues are just 1.1% of gross income and are automatically deducted from your paycheck.
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Dues allow our union to operate by and for fellows because our union is funded by and for fellows. We will not be funded by the NIH, by a non-profit, or by any other outside entity, which gives us independence and democracy that an institutionally affiliated advocacy organization cannot have.
Most of the work of enforcing the contract and representing membership is financially supported by the Local Union. The Local Union receives 27% of its dues to support the following:
Educating new employees about their rights and the union
Contract negotiations
Advising members in difficult situations and supporting them through contract enforcement grievances
Events, including educational seminars on topics like visa and immigration rights, healthcare, and taxes
Advocacy for public policy that supports research and researchers
Another 26% of dues goes to the International Union’s General Fund, which provides technical support for contract negotiations and contract enforcement and supports new organizing campaigns, including NIH Fellows United. The remaining dues are allocated to the Strike and Defense Fund (44%) and Community Action Program (3%). Depending on the overall financial health of the Strike and Defense Fund (if the balance is $500M or greater), an additional allocation of dues called a “rebate” is given back to the Local and International Union.
Dues allocated to the International Union will support NIH Fellows during contract negotiations by providing:
Technical and legal support for fellows’ contract negotiations
Experienced negotiators to help achieve fellows’ goals at the bargaining table
Researchers who can help independently analyze NIH finances and federal regulations to help make decisions about bargaining proposals
International Union dues will also continually support NIH Fellows outside of contract negotiations by providing:
Legal advice and advocacy to impact policy makers, especially those in Washington, DC. For example, in 2017 UAW International filed an amicus brief in the Supreme Court case challenging the Trump administration’s travel ban. In 2016, UAW helped win the Optional Practical Training STEM extension.
Effective response to federal policy. In July 2020, UAW filed a declaration to support a lawsuit challenging the H-1B entry ban announced on June 22 highlighting the detrimental impacts on affected UAW Academic Workers. In April 2020, the President of the UAW International wrote to Congressional leadership urging action to protect researchers and research funding in the wake of the COVID-19 crisis.
Guidance on grievance and arbitrations. For example, UAW International aided UC Postdocs in winning more than $3 million in back pay.
Advice on best practices for ensuring strong education and mobilization programs to keep members involved.
Other services as requested by the Local.
Legal advice and advocacy to impact policy makers, especially those in Washington, DC. For example, in 2017 UAW International filed an amicus brief in the Supreme Court case challenging the Trump administration’s travel ban. In 2016, UAW helped win the Optional Practical Training STEM extension.
Effective response to federal policy. In July 2020, UAW filed a declaration to support a lawsuit challenging the H-1B entry ban announced on June 22 highlighting the detrimental impacts on affected UAW Academic Workers. In April 2020, the President of the UAW International wrote to Congressional leadership urging action to protect researchers and research funding in the wake of the COVID-19 crisis.
Guidance on grievance and arbitrations. For example, UAW International aided UC Postdocs in winning more than $3 million in back pay.
Advice on best practices for ensuring strong education and mobilization programs to keep members involved.
Other services as requested by the Local.
In addition, dues help support new organizing campaigns. For example, the organizing staff and legal support for the NIH Fellows United campaign is paid by current UAW members’ dues. Also, union dues have gone towards legal and organizing resources that have have been key to major victories for academic workers including:
The passage of California SB 201, which was the culmination of a decades-long fight to extend collective bargaining rights to Research Assistants at University of California.
The recent landmark NLRB decision extended collective bargaining rights to Teaching and Research Assistants at private universities, as well as the organizing resources that led to the subsequent representation election victory of Columbia University TAs and RAs.
A portion of dues money also goes to support political action, including legislative and other policy advocacy on issues that matter to UAW members. For example, UAW advocates strongly for fair, comprehensive immigration reform, which would include more visa access and an improved green card process, and expanded federal support for research funding, among other topics.
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Since international researchers at the NIH have the same legal labor rights as U.S. citizens, signing an authorization card will not jeopardize or delay application for legal permanent residence. Authorization cards that get submitted to FLRA (the federal authority that verifies and counts the cards) are not released by FLRA to the NIH or other government agencies. Thousands of Postdocs, Postbacs, and other academic workers have signed union authorization cards in large unionization drives around the country since 2008, without any reported instance of delay or rejection of applications as a result of signing a card or otherwise participating in a unionization effort.
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Yes. To sign up as a member, simply fill out the membership form. If you want to change your membership status otherwise, send an email to info@nihfellowsunited.org to set up a meeting for this. Per the Federal Service Labor-Management Relations Statute 5 USC § 7115, membership cannot be revoked for a period of one year.
Visiting Fellows
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Every worker in the US has the right to join a union, regardless of national origin or visa type. Your right to belong to a federal union is protected by the right to freedom of association guaranteed in the United States Constitution and the Federal Service Labor-Management Relations Statute (FSLMRS). Fellows have formed unions and bargained contracts at many higher education institutions, and graduate and postdoctoral employee unions have existed for almost 40 years. Tens of thousands of international postdocs and students are part of unions, including at institutions like the UC system, University of Southern California, MIT, Harvard, Columbia University, and University of Washington. None of the higher education institutions with unions have reported any complications arising from being both a non-citizen worker and a unionized employee. It is against the law for your employer to discriminate against you on the basis of your union membership or participation in legal union activities.
It’s clear, however, that international workers still face discrimination in the workplace. This is one of many reasons why international Fellows should join a union and help fight for more protections. Only with a union, independent of the NIH administration, can you be assured that if you are subject to discrimination by the administration that there is a group that will stand behind you and will help to defend you.
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International Fellows, regardless of visa or immigration status, have the legal right to form, join, and support a union, as well as attend speeches, rallies, and demonstrations supporting better working conditions at their workplace. Federal law protects these rights. Generally, international fellows on J-1, F-1, or other non-citizen visas are expected to refrain from engaging in political activities, which refer to activities such as participating in partisan political campaigns, partisan political events, and running for public office. However, participating in a union is not categorized as political activity.
Note, International Fellows cannot make financial contributions to political organizations in the United States. This means that international students cannot donate to the Voluntary (VCAP) Fund, when signing up to be a Union member after we ratify our contract.
It’s clear, however, that international workers still face discrimination in the workplace. This is one of many reasons why international Fellows should join a union and help fight for more protections. Only with a union, independent of the NIH administration, can you be assured that if you are subject to discrimination by the administration that there is a group that will stand behind you and will help to defend you.
Note, International Fellows cannot make financial contributions to political organizations in the United States. This means that international students cannot donate to the Voluntary (VCAP) Fund, when signing up to be a Union member after we ratify our contract.
It’s clear, however, that international workers still face discrimination in the workplace. This is one of many reasons why international Fellows should join a union and help fight for more protections. Only with a union, independent of the NIH administration, can you be assured that if you are subject to discrimination by the administration that there is a group that will stand behind you and will help to defend you.
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Union activity is a federally protected right for US workers, regardless of immigration status. The Federal Service Labor-Management Relations Statute (FSLMRS) protects actions such as organizing, joining, or supporting a labor union. These activities are not categorized as political activity. The US State Department says the following about the rights and protections of non-citizen workers, such as J-1 or H-1B holders, in the US: “When you are not working, you can attend public speeches, rallies and demonstrations supporting higher wages or better working conditions at your workplace. You have this right regardless of your immigration status. Your employer cannot take action against you for asserting your rights.”
The NIH, Department of Health and Human Services (HHS), and the Federal Labor Relations Agency (FLRA) have affirmed this position. When NIH Fellows United-UAW submitted a unionization petition to the NIH, it contained a list of fellow types that explicitly included Visiting Fellows. NIH consulted with HHS and “accepted the petition to include all individuals described.” Subsequently, the FLRA oversaw and certified the union election with all the fellow types included. It is against the law for your employer (the NIH) to retaliate against you for participating in these protected activities.
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No. It is against the law for U.S. Citizenship and Immigration Services (USCIS) to ask you questions about your union membership or your legal union activities or to take them into account when reviewing your visa application. In the past there was a question on the visa application form asking the applicant about his/her union activities. But this question was removed from the application form several years ago.
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International Fellows have many reasons to join a union. First, the union can provide a voice and advocacy for international Fellows who don’t always know how to navigate the NIH system. Second, the union can help ensure that Agency hiring practices are clear, open, and fair so that international Fellows don’t miss out on work opportunities. Third, the union can bargain for contractual improvements to numerous aspects of visa and immigration processes, since navigating visa processes is stressful, costly, and time-consuming for international Fellows. Fourth, better and more affordable benefits, a fair and enforceable grievance procedure, higher wages, a voice in our working conditions, and respect as employees are things all Fellows and their families deserve.
Us Fellows, through our union, are committed to negotiating a strong contract that offers comprehensive, enforceable protections and benefits for international Fellows at the NIH. To achieve this, we need the support and engagement of all Fellows. Some of the key demands we aim to pursue include:
Financial and administrative assistance for international Fellows pursuing visas and green cards
Ensuring NIH meets all timelines and fulfills all obligations in visa processing
Increasing and standardizing contract lengths across institutes to allow for longer visas
Providing paid time off for immigration appointments and reasonable leave to visit family abroad
Offering favorable sponsor views for J-1 212e waivers without requiring a formal job offer
Expediting sponsor views for J-1 212e waivers (e.g., within 5-7 days)
Granting Fellows the option of visas other than J-1 (e.g., H-1B, E-3, etc.)
Establishing a tax assistance program and resources
Increasing and standardizing relocation support across institutes
We believe these measures are essential for the well-being and success of our international coworkers and are committed to working together to make them a reality. In doing so we will join the tens of thousands of international postdocs and students that have earned demonstrable gains and provided protections for international researchers through their unions. Such gains include:
University of Washington won paid leave time for immigration appointments and hearings; right to opportunity for reappointment after loss of work authorization.
MIT won a $1,200 reimbursement for visa-related costs. Their contract also includes new protections for international grads, like timelines within which the International Student’s Office must respond to inquiries.
Harvard grads won a $100,000 annual fund to reimburse some of the costs associated with immigration and maintenance of legal working status within the United States.
UC’s recent contracts guarantee days off for visa-related appointments and guarantees remission of the Non-Resident Student Tuition fee for PhD candidates.
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In nearly 40 years of graduate and postdoctoral employee unionization, there is no reported instance of any international academic worker having problems with the law or with their visa status as the result of their union activity. It is against the law for the NIH to retaliate against you for union activities. It is also highly unlikely that the NIH would charge you with violating Federal regulations as a result of your union activities. But if they did so, this would probably be found illegal. There is no known case of any international graduate or postdoctoral worker being expelled from a research institution as a result of union activities, nor would such an expulsion be legal. There is one known case at Yale University, which charged two international students with academic misconduct for their participation in strike activities. The charges were subsequently dropped.