Case attacks Obama-era federal ruling that exposed graduate students to union boss power and forced dues

Ithaca, NY (February 18, 2026) – Russell Burgett, a Ph.D. candidate in chemistry and chemical biology at Cornell University, is asking newly-seated National Labor Relations Board (NLRB) General Counsel Crystal Carey to issue a complaint and ask the NLRB to free graduate students across the country from being forced to fund and associate with union bosses.

Burgett filed an Appeal to the General Counsel on February 10, with free legal aid from National Right to Work Foundation staff attorneys. In his filing, Burgett presses the General Counsel to have the NLRB reconsider the disastrous 2016 Columbia University decision, a controversial Obama-era ruling that classified graduate students as “employees” subject to the National Labor Relations Act (NLRA). Under Columbia University, union bosses are permitted to gain one-size-fits-all exclusive “representation” powers over graduate students at private universities.

“A graduate student’s primary relationship with his or her school is as a customer of that school’s educational instruction and services, not as a statutory employee,” reads Burgett’s Appeal. “[U]niversities forcing graduate students to pay union dues to act as teaching and research assistants interferes with their ability to complete their course of studies and earn their degrees. Here, the [union contract] effectively makes financially supporting [the union] a condition of receiving a Cornell graduate degree.”

Burgett, who is not a member of the Cornell Graduate Student Union (CGSU-UE, an affiliate of United Electrical), opposes the radical ideology and agitation of CGSU agents on campus. Because New York, where Cornell is located, is not a Right to Work state, CGSU bosses can legally force students (mischaracterized as “employees”) to pay money to the union to complete their graduate programs.

Adding insult to injury, CGSU union officials rejected Burgett’s request to opt-out of paying the portion of dues that goes toward the union’s politics, which is a right guaranteed to workers under the Foundation-won CWA v. Beck Supreme Court decision. CGSU union bosses speciously claimed that Beck objections could only be submitted during a narrow, union-concocted “window period” of 30 days per year.

NLRB Must Reexamine Union Powers Over Students, Including Forced-Dues Mandates

Burgett’s Appeal asks the NLRB General Counsel to prosecute CGSU union officials and Cornell management on the grounds that the union contract is blocking the university from doing business with students who abstain from union membership or union financial support. Union agreements that require an entity to cease doing business with those who refuse union association blatantly violate the NLRA.

The Appeal’s argument hinges on the Board reaffirming that students have a “business and academic” relationship with their universities and are not “employees” was wrongly held in Columbia University.

In addition to his primary argument, Burgett’s Appeal contends that the NLRB should prosecute CGSU union officials for arbitrarily limiting when students can exercise their Beck right to opt out of funding union politics.

“It is unconscionable that current NLRB case law allows union officials, like those from CGSU-UE, to upend the academic careers of students who refuse to associate with them,” commented National Right to Work Foundation President Mark Mix. “Union bosses’ one-size-fits-all bargaining schemes have no place in the world of academia, where freedom of thought and association should be paramount.

“We’re proud to stand behind Mr. Burgett, and urge the Board to affirm the commonsense idea that graduate students are students and were never intended to be subjected to the NLRB’s forced unionism regime,” Mix added.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.