Major news sources report that United Auto Workers (UAW) officials are ordering or preparing to order tens of thousands of graduate students, teaching assistants, and researchers from the University of California (UC) to strike over the university’s position on the Israel-Hamas conflict and related campus protests. The union hierarchy is authorized to call for strikes lasting through June 30 and has already initiated a strike at UC Santa Cruz.

The situation raises serious concerns for graduate students who believe there is much to lose from a union-ordered strike. Seven UC undergraduate campuses have exams scheduled for the second week of June, meaning the strike order may cause major disruptions.

Under California law, graduate students and others whose academic work is subject to monopoly UAW representation have the legal right to rebuff union officials’ strike demands and continue working, but it is important for them to be informed of the details of their rights before they do so.

IF YOU WOULD LIKE TO WORK DURING A STRIKE, READ ALL OF THIS SPECIAL NOTICE BEFORE RETURNING TO WORK – IT MIGHT SAVE YOU THOUSANDS OF DOLLARS!

The Foundation wants you to learn about your legal rights from independent sources. You should not rely on what self-interested union officials tell you. For over five decades, Foundation attorneys have worked in the courts to protect and expand the rights of individual employees in situations such as strikes. The Foundation is the nation’s premier organization exclusively dedicated to providing free legal assistance to employee victims of forced-unionism abuse.

UC system graduate students should know they have the following rights:

  1. The union has no disciplinary power over nonmembers of the union and cannot discipline nonmembers for crossing a picket line and working during a strike. If you currently are not a member of the union, you have the right to go to work even if the union bosses order a strike.

  2. If you ARE a union member, you should seriously consider resigning your union membership at least one day BEFORE you return to work during a strike. Union officials can (and often do) levy thousands of dollars in fines against union members who work during a strike. So, if you are currently a member, resigning your membership before you work during a strike is the most effective way to avoid union fines and other discipline. It is imperative that you give the union notice of your resignation BEFORE you cross the picket line so that at the time you return to work you are not a member of the union.

    The decisions whether to resign your union membership and/or continue working are wholly yours to make. The Foundation is simply providing this information so that your decisions are informed. If you are a member and decide to resign your union membership, please follow this link, MyJanusRights.org, for a sample letter resigning your union membership and revoking any authorization for the union and employer to collect union dues or fees from your pay.

    NOTE: Although not legally required, it is a good practice to send your resignation letters to union and university officials by certified mail, return receipt requested, and save copies of your letters and return receipts to prove delivery. If you hand deliver a letter, make sure that you have a reliable witness to the delivery so union officials cannot falsely claim to have not received the resignation letter. If you encounter any difficulties in exercising your right to work during a strike, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid.

  3. It is Foundation attorneys’ best legal opinion that public sector employees have the right to resign their membership in a union at any time. At least two federal district courts have reached that conclusion, including one in California. See McCahon v. Pa. Turnpike Comm’n, 491 F. Supp. 2d 522 (M.D. Pa. 2007); Debont v. City of Poway, No. 98CV0502-K, 1998 WL 415844 (S.D. Cal. Apr. 14, 1998). If you encounter any difficulties in resigning your union membership, you can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid.

  4. In addition, nonmembers of a public sector union have a First Amendment right not to pay any fees or dues. According to the U.S. Supreme Court’s ruling in Janus v. AFSCME, Council 31, 138 S. Ct. 2448, 2486 (2018), union officials can only deduct union dues from a person’s paycheck if that person has affirmatively consented to pay. However, unions sometimes attempt to limit when employees who resign their union membership can stop payroll deductions of union dues. You can contact the Foundation to request free legal aid at www.nrtw.org/free-legal-aid if you encounter any difficulties in getting the union and employer to stop collecting union fees or dues from you.

  5. If you wish to eject an unwanted union hierarchy from your workplace, you have the right to petition for a secret ballot decertification election to do so. More information about California laws on decertification is available here: Public Sector Decertification Laws