Student case attacks Obama-era federal labor board ruling that exposed graduate students to union boss power

Ithaca, NY (July 14, 2025) – Russell Burgett, a Ph.D. candidate in chemical physics at Cornell University, has just launched a groundbreaking federal labor case challenging the Cornell Graduate Student Union’s (an affiliate of United Electrical) authority to maintain exclusive representation powers over him and his fellow graduate students.

Burgett, who opposes the union and is not a member, filed his charges at the National Labor Relations Board (NLRB) with free legal aid from National Right to Work Foundation staff attorneys.

The NLRB is the federal agency responsible for enforcing private sector labor law. Burgett’s case is a direct challenge to the Obama NLRB’s 2016 Columbia University ruling, which overturned longstanding precedent and permitted union bosses to gain monopoly bargaining powers over graduate students at private universities like MIT, Columbia, and Cornell.

While union monopoly bargaining schemes in academia were already controversial at the time of the Columbia University ruling, student opposition to the policy has spiked in recent years as union officials have pursued increasingly radical and divisive ideological activities on campuses.

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

Burgett’s charges assert that Cornell graduate students are not “employees” under the National Labor Relations Act. For that reason, the charges say, CGSU-UE union officials’ attempts to force them to abide by a union contract – including provisions that effectively mandate the students pay union dues or fees to complete essential parts of their graduate programs – violate federal labor law.

Furthermore, Burgett’s charges contend the union contract is illegal because it forbids 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 persons who refuse to associate with the union are a clear violation of the National Labor Relations Act.

“Mr. Burgett’s case is the latest chapter in a continuing saga showing why union bosses’ one-size-fits-all bargaining schemes have no place in academia,” commented National Right to Work Foundation President Mark Mix. “At America’s elite universities, union bosses empowered by the Obama and Biden NLRBs are coercing dissenting students into funding their political radicalism and constant agitation – including Jewish students who have sincere religious objections to the anti-Israel vitriol that campus unions push.

“Forcing students to choose between completing their graduate degrees or affiliating with an ideological group they find unconscionable is antithetical to principles of academic freedom, and Mr. Burgett’s case directly attacks the Obama NLRB’s and Biden NLRB’s flawed rulings allowing such coercion to happen in the first place,” 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.