UH graduate assistants’ fight to unionize reaches high court

A years-long struggle by University of Hawaii graduate assistants for the right to unionize and collectively bargain for better wages and working conditions has progressed further than ever before, with their case now being considered by the Hawaii Supreme Court.

Members of the UH graduate assistant organization Academic Labor United argue that the salaried work performed by UH’s 1,500 graduate assistants is much more advanced than that of entry-level “student help” and critical to the university’s functioning, so “we deserve a seat at the table” as public employees, said Kawena‘ulaokala Ka­pahua, a UH Manoa graduate assistant who is the group’s chair and a plaintiff in the case.

The graduate assistants contend that the university relies so heavily on them that a few years ago, for example, 75% of 67 classes in English 100 and 200 were taught by GAs, although the university disputes those figures and says graduate assistants currently teach 27% of English classes at UH Manoa.

“A significant amount of work is being done by graduate students,” Kapahua said. “This isn’t work-study. We’re not doing this for class credit. This is a job, we get a salary, we get benefits, we teach. … Everything from the UH Cancer (Center) research lab to the water testing for Red Hill water samples, they are run by graduate assistants.”

As the high court heard arguments Jan. 19, many students in white shirts bearing a red Academic Labor United logo crowded into the courtroom. Some also demonstrated outdoors, holding signs with slogans such as “Grads need living wages” and “UH works because we do.”

Some graduate assistants also say they want the right to unionize because they feel pressured to work much longer than the 20 hours commonly stipulated in their contracts, they believe their compensation is inadequate given their workload and Hawaii’s high cost of living, and they feel they lack adequate protection against harassment and other workplace issues.

UH graduate assistants are advanced-degree students who typically teach classes, conduct research and/or perform administrative duties, for which they usually receive a tuition waiver and a half-time salary. A tuition waiver for a full-time resident Manoa graduate student taking eight credits is worth $10,400, and for a nonresident, $22,432. The minimum starting salary for a Manoa graduate assistant is $19,686, but pay steps reach the $30,000 range.

At the center of the conflict is whether UH graduate assistants should continue to be considered primarily students, which has excluded them from unionizing since a series of Hawaii Labor Relations Board decisions in the 1970s, or if they should be recognized as public employees with rights to organize and bargain collectively as provided by the Hawaii Constitution.

In 2021, Academic Labor United and three graduate assistants, including Kapahua, sued the UH Board of Regents, the Hawaii Labor Relations Board and the state of Hawaii in state Circuit Court. The civil suit, which seeks declaratory judgment, argues that the graduate students are public employees, that the Legislature’s power to exclude classes of public workers from the right to collectively bargain is unconstitutional and that the Hawaii Labor Relations board lacks an administrative process by which graduate students may challenge the board’s interpretations. After the plaintiffs’ initial loss, the appeals process has brought the case before the Hawaii Supreme Court.

Meanwhile, over the years, several bills have been introduced at the Legislature to have graduate assistants considered public employees, but none have become law. In 2015, House Bill 533 passed the House and Senate, but it was vetoed by Gov. David Ige. This year state Senate Bill 394, introduced by Sen. Donovan Dela Cruz by request, and its companion House Bill 874, seek again to have UH graduate assistants recognized as a bargaining unit.

Asked for a reaction to the case, UH spokesperson Dan Meisenzahl said by email, “Collective bargaining status is a matter of state law. It is not within the university’s authority to recognize a collective bargaining unit. UH works with the Graduate Student Organization (GSO), the formally recognized representative of graduate students at UH Manoa, on matters relating to graduate student well-being.”

He added that through working with the GSO, the university in August launched a three-year schedule of pay increases for graduate assistants at UH Manoa, who make up the bulk of the GA workforce. Currently, the minimum step at which a graduate student can be hired is step 9 on the salary scale, at $19,686 for a ninth-month hire and $23,028 for an 11-month hire. Annual increases will bring minimum pay by 2024 to step 11 at $21,288 and $24,912, respectively. Hilo graduate assistants received the same first year’s raise, and officials are considering more, Meisenzahl said. The top step 20 is $30,312 and $35,460.

GAs qualify for a health plan after three months. In addition, a new sick-leave policy means those with nine-month appointments will now receive up to 63 hours of sick leave, and those with 11-month appointments will receive up to 77 hours. They also are eligible for three working days of bereavement leave, Mei­senzahl added.

Still, many graduate assistants and UH faculty members argue that is not enough.

Graduate assistant Kelly Truax, a doctoral candidate in earth and planetary sciences, says her contract calls for 20 hours of work a week, but she rarely works less than 40 hours a week, “and some weeks like this one are easily 60, and I haven’t even made it to the end of the weekend yet,” she said Thursday. With such long hours and comparatively low pay, Truax said, “I often get frustrated that we are supposed to accept that it’s always been this way.”

The faculty of several UH Manoa departments, including Ethnic Studies, Natural Resources and Environmental Management, and Oceanography have issued statements supporting the graduate students’ efforts to organize.

“I believe graduate students are entitled to a living wage and benefits. At the University of Hawaii, there (are) gross disparities in graduate student pay,” Rosie ‘Anolani Alegado, an associate professor of oceanography and Sea Grant at UH Manoa, said by email. “Collective bargaining will empower graduate students to negotiate for appropriate employee rights,” she said.

Nationwide, scores of public and private universities and their graduate assistants have faced off over similar issues over the years. According to Academic Labor United data, more than 100,000 graduate workers in the U.S. now belong to graduate unions at more than 80 public and private institutions.