INTERNATIONAL GRAD WORKER FAQs

INTERNATIONAL WORKER RIGHTS

Can international student workers join a union? 

国际研究生工人可以加入工会吗? 

Yes! All student employees, regardless of their immigration status, have the federally-protected rights to 1) engage in activity with their co-workers concerning their working conditions, 2) form a union, and 3) collectively bargain with their universities. It is illegal for an employer to retaliate against any student employees for exercising their rights under the National Labor Relations Act. 

可以!所有研究生工人,不管身份如何(如是否为美国公民、绿卡持有者),都受到美国联邦法律的保护。所有研究生工人都可以 1)与同事一起参加与改善工作环境有关的活动, 2)成立工会,以及 3)和学校进行集体谈判 (collective bargaining)。根据美国全国劳资关系法 (National Labor Relations Act), 研究生工人合法行使权利时,雇主不得进行报复,否则将触犯法律。 

Will my union membership affect my student visa? Can it affect future visas? 

我的工会身份会影响到我目前的学生签证吗?会影响到我以后的签证申请吗? 

No. The U.S. Citizenship and Immigration Services (USCIS) cannot ask you questions about your union membership or participation in lawful union activity. It is your right to belong to a union and being a union member cannot and should not affect your visa application. 

不会,美国公民及移民服务局 (USCIS) 不能问我们关于工会身份以及合法参加工会活动的任何问题,成为工会一员是我们受到联邦法律保护的权利,这不会且不应该影响到我们的签证申请。 

How can a union help me as an international student? 

工会将如何能够帮助到国际生?

A union will give international students a platform to collectively address common concerns. Because student visas typically limit the number of hours that students can work, achieving higher stipends that keep pace with the cost of living is of particular importance for international students. Most importantly, a union will allow all student workers to unite for improved pay, benefits, and other terms on conditions of employment. 

工会将提供一个平台给国际生集体发声。另外,国际生这一身份对我们每周的工作时间有限制,我们很难像美国同学一样获得其他收入,因此,一份更高的的收入对国际生来说至关重要,特别是目前通货膨胀极其严重的情况下,我们更需要使我们的工资涨幅跟通货膨胀挂钩。更重要的是,工会能够使所有的研究生工人团结起来,促使学校提高我们的收入、提升我们的待遇、改善我们的工作环境。

INTERNATIONAL WORKERS ON STRIKE

Can I strike if I am an international student-worker?

International workers have the same rights as domestic workers do to join a union or participate in a strike, demonstration, picket, etc. Dartmouth may not terminate our employment or discipline us for union activity, and it is specifically illegal for employers to “use your immigration status against you.” This means that Dartmouth cannot legally threaten to change our visa sponsorship or otherwise alter our immigration status in response to union organizing activities, such as being on strike. 

It is possible, however,  that the university will falsely claim or imply that international workers jeopardize their immigration status by striking — other universities have done so in the past to undermine strikes. However, your visa status is tied to your academic status, and it is illegal for Dartmouth to retaliate against your academic status based on your employment activities. We have reached a tentative agreement with Dartmouth on the Workload article, which specifies what is considered to be employment, both in terms of our research and teaching responsibilities. Thus, it is extremely unlikely that international workers will be targeted in this way, but it is not impossible. This would be a very dangerous escalation on the part of Dartmouth, and one that would be sure to face public backlash and pressure.

What if, despite it being illegal and unlikely, Dartmouth College still retaliates against me for being on strike, by e.g., giving me a low pass/NC on research or teaching?

We know from past labor actions that professors and PIs will have various perspectives on our strike from highly supportive to deeply antagonistic to totally ambivalent. Regardless of whether it is legal or illegal to do so, we should expect that some PIs and faculty will try to retaliate against striking graduate student-workers in order to force us back to work. Our first and strongest line of defense against this kind of retaliation is our ability to act in the collective, as it becomes much more difficult for PIs to punish us all together than as isolated individuals. This means that organizing our cohorts, labs, and departments to collectively strike, strike visibly, and communicate with each other throughout the strike will not only increase our power and our odds of victory, but is also one of the best means we have to protect ourselves and each other.

Coordinated messaging to faculty by graduate students and other workers prior to and during the strike can also be effective in mitigating their potential negative response. In some instances, they can be directed to put pressure on the management to concede to our demands, rather than pressure us to return to work. However, while organizing with other workers to do outreach to faculty and enlist their support can be useful in building solidarity (both between workers in departments and between workers and faculty), our real strength comes from each other and our ability to withhold crucial labor collectively.

Will my future visa applications be affected by participating in union organizing and/or a strike? 

The US Citizenship and Immigration Service may not ask us about our union membership or union activities. As a result, future visa applications will not be affected by our organizing activities. If we choose to file an unfair labor practice complaint with the NLRB, the NLRB will not ask students to disclose their immigration status or the status of others.