Dartmouth’s bargaining committee (comprised of Dartmouth employees from Dartmouth Dining Services, the Office of Residential Life, the Office of the General Counsel, and the Office of Labor Relations) and the Student Worker Collective at Dartmouth met for the fifth time on March 6 to continue negotiations toward a second contract for student dining workers—first agreed upon in February 2023—and a first contract for Undergraduate Advisors (UGAs). 

At this meeting, Dartmouth provided responses to all proposals and counterproposals made by SWCD at the last meeting, in support of reaching mutually beneficial contracts with the student dining workers and the UGAs in good faith. SWCD presented new proposals for increased access to Dartmouth’s facilities – both physical and electronic for union-related business; bereavement leave; inclusive work environment, and a proposal to expand their existing non-discrimination and non-retaliation contract language; they requested three new hardship funds (for health care, gender affirming care, and cost of travel reimbursement).  They also presented a modified Recognition clause for the UGA contract, a new compensation proposal for the UGAs, and expanded their International and Non-Citizen Student Workers proposal, which they had presented for the first time on February 13^th. Dartmouth thanked SWCD for these proposals and shared they will give them careful consideration.

We are happy to report that the parties also reached the following tentative agreements for the two contracts:

Tentative Agreements for Dining Workers’ and the UGAs’ contract

Union Orientation (agreeing that the union may hold its orientation before – instead of after – scheduling and staffing meetings at the start of each term)

Tentative Agreement for the UGAs’ contract

Agreement to include the following articles from the student dining workers’ contract in the UGA contract:

• Discipline and Discharge
• Labor Management Committee
• Grievance Procedure
• Severability
• Duration
• Effect of Agreement
• Provision of Information & FERPA

Contract Extension

The parties also agreed to extend the student dining workers’ contract by 30 days after its expiration date of March 18, 2025.

Proposals Under Consideration and Discussed at the Bargaining Session

Compensation: Base Wage Rate for Dining Workers and UGAs

As noted in the last bargaining update, on Feb. 13, the SWCD reasserted its compensation proposal for a base hourly wage of $23.00 per hour for both student dining workers and for UGAs, proposing a UGA stipend of $4,100 plus an additional $500 stipend for the First Year Residential Experience UGAs ($23.00/hour x 20 hours/week x 10 weeks = $4,600).  SWCD also reasserted its proposal that the wage rates increase by the same percentage rate of tuition increase from 2024.  In support of its compensation proposal, SWCD cited increases in cost-of-living and tuition.

Following this meeting, Dartmouth’s bargaining committee considered SWCD’s compensation proposal and Dartmouth’s in relation to the current compensation paid to student dining workers and UGAs.  Currently, the average hourly wage for student dining workers is over $23.00 an hour – the base wage rate SWCD has proposed.  Similarly, because UGAs receive both a stipend and a meal credit equivalent to the cost of the 80 block Choice meal plan per term, the average hourly wage for a UGA is also over $23.00 per hour.  As a result, the Dartmouth bargaining committee’s proposal of a 3% increase for each contract year for SWCD members would further increase their base wage rate beyond SWCD’s proposed $23.00/hour and Dartmouth’s proposal would guarantee the wage increase will not fluctuate based on the rate of tuition.  For these reasons, Dartmouth reasserted its previous, generous compensation proposal.

SWCD responded that it would withdraw its request for a $23.00 per hour base wage for student dining workers if Dartmouth would confirm the current hourly rates for student dining workers and agree to increase compensation each contract year by the same percentage rate of tuition increase.  SWCD also presented a revised compensation proposal for the UGAs.  In addition to a minimum stipend of $4,140 (an increase over the $4,100 originally requested) to $4,600 per term (for First Year Experience UGAs), SWCD proposed for the first time that Dartmouth cover UGAs’ housing fees and the Ivy Unlimited meal plan.  SWCD also proposed that Dartmouth agree these benefits will not reduce UGAs’ financial aid packages.  Dartmouth’s bargaining committee stated it will consider this proposal and it will review the impact of it under existing financial aid regulations, explaining SWCD’S proposed change may impact UGAs’ financial aid and, under federal law, increase UGA’s federal tax obligations.

International and Non-Citizen Student Workers

Dartmouth’s bargaining committee carefully reviewed SWCD’s proposal regarding international and non-citizen student workers, which was based on language in the graduate student workers’ contracts at the New School and Yale University.  This proposal includes provisions about protecting international students’ rights and privacy, assistance for international students, paid time off for international students to attend immigration appointments and legal proceedings, and a $15,000.00 fund for international students.

As Dartmouth’s bargaining committee shared with SWCD when it received this proposal, Dartmouth has similar language in Dartmouth’s contract with the Graduate Organized Laborers at Dartmouth – United Electrical Workers (GOLD-UE).  Dartmouth’s bargaining committee also reviewed this language while considering SWCD’s proposal.  In addition, Dartmouth’s bargaining committee reviewed Dartmouth’s Protocol for U.S. Government and Law Enforcement Agency Site Visits Related to International Students and Scholars (Protocol), which is to assist Dartmouth offices and community members in the event of a site visit or call from a federal agent.

Based on this comprehensive review, Dartmouth’s bargaining committee presented a written counter proposal that includes provisions about protecting international students’ rights and privacy, assistance from the Office of Visa and Immigration Services (OVIS) for international students, and the use of paid time off for international students to attend immigration appointments and legal proceedings that aligns with the protections and assistance Dartmouth provides other members of its campus community. Overall, the Dartmouth bargaining committee’s greatest concern with SWCD’s original proposal was that it asked Dartmouth to agree to treat SWCD’s members differently than it treats the rest of the campus community.  Dartmouth’s counter proposal addresses this concern.

Finally, as Dartmouth’s bargaining committee shared with SWCD, it is continuing to consider SWCD’s proposal to establish a fund for international students, which was presented at the Feb. 13 bargaining session. However, in a revised proposal presented on March 6 regarding international and non-citizen student workers, SWCD increased the amount of the fund it requested from $15,000.00 to $30,000.00.  While Dartmouth’s bargaining committee agreed that it will review SWCD’s revised proposal, it explained that increasing the amount of an economic proposal may constitute bad faith bargaining.  Increasing an economic proposal can frustrate the possibility of reaching an agreement by moving away from, rather than towards the other side’s position.

Compensation: Holiday Pay for Dining Workers and UGAs

The parties also continued their discussions about Holiday Pay for student dining workers.  Dartmouth’s bargaining committee reasserted its proposal that SWCD members who are regularly scheduled to work on a day that is a Dartmouth-recognized holiday will be paid as if they had worked should Dartmouth close their work location on that day.  SWCD had sought to apply this language to campus events (ex: Green Key, Winter Carnival, Homecoming Weekend) although they are neither Dartmouth-recognized nor federal holidays.  Upon review of Dartmouth’s other collective bargaining agreements, Dartmouth’s bargaining committee found that none of those agreements recognize campus events such as Green Key, Winter Carnival, and Homecoming Weekend as holidays. Dartmouth’s bargaining committee declined to do so in the SWCD contract as that would be inconsistent with the other agreements.  SWCD reasserted its proposal to extend holiday pay to other campus events stating only their work locations are closed at these times and other unionized employees are not impacted in the same way.

Next Steps

Dartmouth remains committed to bargaining in good faith with the SWCD for a second contract for student dining workers and a first contract for UGAs.  Dartmouth’s bargaining committee thanked SWCD for its work on its proposals and was happy that the parties were able to reach multiple tentative agreements.  The parties are scheduled to meet next on March 20, 2025.

Dartmouth’s bargaining committee (comprised of Dartmouth employees from Dartmouth Dining Services, the Office of Residential Life, the Office of the General Counsel, and the Office of Labor Relations) and the Student Worker Collective at Dartmouth held their fourth bargaining session February 13th to continue negotiations toward a second contract for student dining workers—first agreed upon in February 2023—and a first contract for Undergraduate Advisors (UGAs).

Compensation: Base Wage Rate for Dining Workers and UGAs

The parties discussed SWCD’s compensation proposals for the dining workers and UGAs.  SWCD is seeking to increase the dining workers’ base hourly wage of $21.00 per hour to $23.00 per hour, or approximately a 9.5% increase. SWCD also proposed that UGAs receive a base stipend of $4,100 with an additional $500 for First Year Residential Experience UGAs, or a doubling of the existing base stipends of $2,000 per term for first-time UGAs, and $2,100 per term for returning UGAs. Finally, SWCD wants their compensation rate to increase by the same percentage rate of tuition increase from 2024.

Under the current SWCD contract, the base rate for student worker wages increases by one-half the percentage increase in the cost of attendance. Using this formula, the most recent wage increase for the dining workers was 2%.  Dartmouth presented a counter proposal of 3% for each contract year for both the dining workers and the UGAs.  Under Dartmouth’s proposal, the dining workers and UGAs would receive a larger wage increase than the contract provided for last year and Dartmouth’s proposal would guarantee the wage increase will not fluctuate based on the rate of tuition.  Dartmouth’s proposal also recognizes that in its first contract, SWCD bargained for and received a significantly higher new base wage rate – increasing from $16.25 per hour to $21.00 per hour.  As a result, SWCD already receives the highest hourly wage among undergraduate students who are unionized.  A 3% guaranteed wage increase each year of the contract would maintain this.

At the parties’ meeting, SWCD maintained its original compensation proposal citing increases in cost-of-living and tuition.

Compensation: Holiday Pay for Dining Workers and UGAs

Dartmouth’s bargaining committee also responded to SWCD’s proposal that they receive pay when Dartmouth closes any work location on a federal holiday.  Under this proposal, SWCD members who are regularly scheduled to work on a day that is a federal holiday would be paid as if they had worked.  Dartmouth’s bargaining committee presented language largely accepting this proposal but countered with Dartmouth-recognized holidays instead of federal holidays.  In response, SWCD sought to apply this language to campus events (ex: Green Key, Winter Carnival, Homecoming Weekend) although they are neither Dartmouth-recognized nor federal holidays. Dartmouth will review and consider SWCD’s holiday pay counterproposal.

Compensation: Meal/DBA Credit for Dining Workers

Dartmouth’s bargaining committee also presented a counterproposal to SWCD’s proposed increases to the dining workers’ meal/DBA credit.  SWCD proposed replacing a flat rate of $5.00 per hour worked with an individualized calculation of ¼ of a student’s hourly pay as well as a premium of 1.5 times this rate for night hours.  Dartmouth’s bargaining committee expressed concern that SWCD’s proposals would require Dartmouth Dining to perform a manual and time-intensive process on an individual basis – increasing the administrative burden of these calculations to something that is unmanageable. However, in recognition of increases in food costs and that this may be burdensome, Dartmouth proposed a compromise of increasing the flat rate of $5.00 an hour to $5.25 per hour.  

The SWCD modified its proposal to a ¼ of the base wage rate for all dining workers in recognition of Dartmouth’s concern about performing this calculation on an individualized basis. Dartmouth’s bargaining committee thanked SWCD for its consideration of its concerns and will review and consider this counterproposal.

New SWCD Proposal

The SWCD also made a new proposal regarding international and non-citizen student workers.  Dartmouth’s bargaining committee received the proposal and will carefully review and consider it. 

Overall, the parties’ discussions were productive, and each side left with a better understanding of the concerns the proposals and counter proposals were addressing.  Dartmouth remains committed to bargaining in good faith with the SWCD for a second contract for student dining workers and a first contract for UGAs in compliance with the National Labor Relations Act.  The parties are scheduled to meet again on March 6, 2025.

Dartmouth’s bargaining committee and the SWCD are currently renegotiating a collective bargaining agreement for student dining workers—first agreed upon in Feb. 2023—and an initial collective bargaining agreement for Undergraduate Advisors (UGAs). 

On January 23, Dartmouth’s bargaining committee met with SWCD for the parties’ third bargaining session. At this meeting, Dartmouth’s bargaining committee responded to the vast majority of SWCD proposals presented at the earlier two meetings of the parties in November and December.

Under the National Labor Relations Act (NLRA), the parties are obligated to bargain to agreement or impasse about mandatory subjects.  See Collective Bargaining Rights. Dartmouth is committed to bargaining openly and in good faith about wages, hours, and other working conditions of SWCD’s employee roles.

Mandatory Subjects of Bargaining

At this stage of negotiations, however, many of SWCD’s proposals addressed matters beyond the terms and conditions of employment for student dining workers and UGAs and, as a result, are not mandatory subjects of bargaining. Therefore, Dartmouth’s bargaining committee began the session by discussing the subjects on which both parties are legally obligated to come to agreement. Though one-third of SWCD’s proposals are outside the scope of collective bargaining for a labor contract, Dartmouth’s bargaining committee provided a response and an explanation for why these proposals are not within the scope of negotiations and were not accepted.

The SWCD Contract Distinguishes Between Student and Employee Status

Notably, five (5) of the SWCD proposals pertain to their roles as students at Dartmouth, not as dining workers or UGAs, and are therefore outside of the scope of collective bargaining for a labor contract. Dartmouth’s bargaining committee pointed out the following language in the existing SWCD contract that highlights and reaffirms this distinction:

Paragraph D. of Article II.  Union Membership and Dues Deduction: “Student/Employee Distinction. In no circumstance shall any provision in this Article affect a DDS student worker’s student status.  Any consequences of this Article shall only apply to their employment as a student worker in Dartmouth Dining Services.”

Last paragraph of Article V. Management Rights: “Nothing in this Article or elsewhere in this Agreement is intended to modify or supersede the rules and regulations governing disciplinary proceedings of the Dartmouth College Committee on Standards (COS), the Dean of the College, or any other College authorities with disciplinary responsibility over students.”

Paragraph C. of Article VII. Discipline and Discharge: “Nothing in this Article VII or elsewhere in this Agreement is intended to modify or supersede the rules and regulations governing disciplinary proceedings of the Dartmouth College Committee on Standards (COS), the Dean of the College, or any other College authorities with disciplinary responsibilities over students.”

Last paragraph of Article XVI. Grievance Procedure: “Further, the parties agree that nothing in this Article XVI is intended to modify or supersede the rules and regulations governing disciplinary proceedings of the Dartmouth College Committee on Standards (COS), the Dean of the College, or any other College authorities with disciplinary responsibilities over students.”

A copy of the current SWCD contract, which expires on March 18, 2025, can be found here.

A summary of SWCD’s proposals and Dartmouth’s responses is below.

Dartmouth Offered Counter Proposals Within the Scope of Labor Negotiations

On December 12, the SWCD bargaining committee made proposals and counter proposals on:

• The Recognition clause
• Union Membership and Dues Deduction
• Provision of Information & FERPA (Family Educational Rights and Privacy Act) for the UGA contract
• Union Orientation for both the SWCD dining workers’ and the UGAs’ contracts.

At the Jan. 23 meeting, Dartmouth’s bargaining committee presented to SWCD written counter proposals on these issues.

Dartmouth Requested SWCD Make a Wage Proposal for SWCD Dining Workers and UGAs

On Jan. 23, Dartmouth’s bargaining committee requested that SWCD make a wage proposal for the dining workers and the UGAs.  Dartmouth’s bargaining committee explained it would help to have SWCD’s wage proposal to consider as it continues to evaluate other compensation-related proposals. Dartmouth’s bargaining committee has emailed SWCD seeking clarification on this point.

SWCD Proposals Dartmouth’s Bargaining Committee Did Not Accept And The Reasons Why

SWCD Proposed: that Dartmouth consider students’ financial aid status and give those with the highest financial need priority in hiring

Dartmouth Bargaining Committee Response: While Dartmouth’s bargaining committee recognizes the concern and objective SWCD wishes to address in this proposal, requiring Dartmouth Dining Services to know students’ financial aid status would be in violation of federal regulation. Student financial aid information is heavily regulated and limits who may know this information at Dartmouth.  Dartmouth Dining Services does not know any student’s financial aid status when hiring and will instead continue to treat all applicants equally.

SWCD Proposed: No employee shall be subjected to discipline or adverse action for engaging in protest activity or participation in union-related activities.  This protection includes but is not limited to strikes, demonstrations, and sit-ins, provided they are conducted in a peaceful manner.

Dartmouth Bargaining Committee Response: This is a protection the parties have already agreed to include in their contract.  Article XI. Non-Discrimination protects against discrimination based on union membership or union activity.  The contract also includes a grievance procedure (Article XVI) through which SWCD may file a grievance if it believes Dartmouth disciplined or took adverse action against an employee because of their union activity and have the matter ultimately reviewed by an arbitrator.

SWCD Proposed: In the event of alleged misconduct related to union activities, the College shall engage in a grievance resolution process before imposing any disciplinary action.

Dartmouth Bargaining Committee Response: In labor relations, the purpose of the contractual grievance procedure is to allow employees and unions to challenge disciplinary or other action taken by an employer when they believe the action violates the contract.  In other words, the grievance procedure takes effect after an employee is disciplined, not the other way around.  In the SWCD contract, Dartmouth must have “just cause” for any disciplinary action it takes against an employee (Article VII. Discipline and Discharge).  If SWCD believes Dartmouth did not have just cause for the imposed discipline, it may then file a grievance.

SWCD Proposed:  Before pursuing any legal action or involving law enforcement in union-related protests, the College agrees to notify the union and engage in a good-faith effort to resolve the dispute through dialogue and mediation.

Dartmouth Bargaining Committee Response: The parties have already agreed upon a method for resolving disputes related to any union activity.  Again, the contract protects against discrimination based on union membership or union activity (Article XI. Non-Discrimination).  The contract also includes a grievance procedure (Article XVI) through which SWCD may file a grievance if it believes Dartmouth disciplined or took adverse action against an employee because of their union activity and have the matter ultimately reviewed by an arbitrator.  To the extent this proposal pertains to SWCD members in their capacity as students it is outside of the scope of labor relations, as noted throughout the SWCD contract.

SWCD Proposed: The College agrees that, to the fullest extent permitted by law, it will not cooperate with prosecutorial authorities in matters arising from peaceful union-related protest activities. This includes, but is not limited to, refraining from providing witness statements, documents, or other evidence unless compelled by a court order or other legal mandate.

Dartmouth Bargaining Committee Response: The parties have already agreed upon how SWCD may challenge discipline, or adverse action Dartmouth takes against an employee because of their union activity or otherwise in violation of the SWCD contract.  Specifically, SWCD may file a grievance challenging that action.  To the extent this proposal pertains to SWCD members in their capacity as students it is outside of the scope of labor relations and the contract, as stated in the contract.

SWCD Proposed: The union shall be given a minimum of 14 days’ notice to respond to any claims of policy violations and participate in mediation.  A union representative must be able to be present at disciplinary hearings, specifically at Committee on Standards hearings.

Dartmouth Bargaining Committee Response: As Dartmouth noted at the beginning of the meeting, there are several provisions in the existing contract that preserve, importantly, the student / employee distinction and that the Committee on Standards hearings pertain only to conduct violations in a student role, not as an employee.  To the extent this proposal pertains to SWCD members in their capacity as students it is outside of the scope of labor relations.

SWCD Proposed: The College will not initiate contact with law enforcement regarding union-related protest activities that violate campus policies, except where mandated by state or federal law or when the safety of individuals is at risk.

Dartmouth Bargaining Committee Response: The contract protects SWCD members from discrimination based on their union membership and union activity.  The parties have already agreed that if SWCD believes Dartmouth has taken disciplinary or adverse action against an employee because of their union activity, SWCD may file a grievance challenging that action, ultimately before an arbitrator. To the extent this proposal pertains to SWCD members in their capacity as students it is outside of the scope of labor relations.  As outlined in the SWCD contract, Dartmouth’s Committee on Standards (not law enforcement) is responsible for the rules and regulations governing Dartmouth’s student conduct policies.

SWCD Proposed: All non-expired food from DDS locations will be brought to a DDS food pantry at the end of the day before it is thrown out. Food that is unable to be brought to the food pantry will be composted by DDS

Dartmouth Bargaining Committee Response: In accordance with applicable health and safety regulations, Dartmouth already takes non-expired food to the food pantry.  Dartmouth also composts.  Dartmouth encouraged SWCD to continue to bring forward any questions and concerns about this to Dartmouth Dining Services.

SWCD Proposed:  approximately fifteen (15) changes to the parties’ already agreed upon, existing contractual Management Rights clause, including but not limited to requiring a majority vote of SWCD members before closing work locations and selecting vendors with which Dartmouth does business, mandating from whom Dartmouth purchases supplies and uniforms, and removing Dartmouth’s ability to take action it determines is necessary to respond to emergencies, including public health emergencies and natural disasters.

Dartmouth Bargaining Committee Response: Dartmouth is responsible for operating and managing Dining Services and Residential Life. The Management Rights clause protects its ability to do that, stating in relevant part that Dartmouth has the right to “Establish, modify, direct, and control the … supplies, vendors, facilities …and all other processes through which the College conducts its programs, services, and operations…” The Management Rights clause in the current SWCD contract is not unusual and includes language identical to or nearly identical to the Management Rights clauses in Dartmouth’s collective bargaining agreements with other unions on campus. If SWCD members have concerns or believe improvements can be made, Dartmouth’s bargaining committee encouraged them to participate in the Labor Management Committee process (Article XIV. Labor Management Committee).

SWCD proposed if an employee experiences sexual harassment, they are permitted to take a leave of absence without usual advance notice.  Their employer is required to make accommodations, including reassignment to another housing location if requested.

Dartmouth Bargaining Committee Response: Complaints of sexual harassment must be handled by Dartmouth’s Equal Opportunity, Accessibility, and Title IX Office and in accordance with Dartmouth’s Title IX policies and procedures, which are governed by applicable law and regulation. The supportive measures SWCD proposed (i.e. housing reassignment) are available now through the Title IX process.  In addition, the Title IX Office can coordinate with a student’s dean, the Dartmouth Wellness Center, and other offices to assist with the leave process in accordance with Dartmouth’s leave of absence policies and procedures.

SWCD proposed changing the duties of UGAs from connecting students to resources on campus to UGAs being responsible for the providing the products and services those resources already provide (e.g., providing information about reproductive and gender-affirming care, knowing sexual harassment and bystander intervention techniques, distributing reproductive health products).

Dartmouth’s Bargaining Committee Response: When the parties met on December 12, representatives from the Office of Residential Life on Dartmouth’s bargaining committee described the job duties of UGAs to assist with a shared understanding of these roles.  While Dartmouth’s bargaining committee recognized UGAs may be interested in having additional information, the responsibilities proposed by SWCD are not part of the UGAs’ jobs, nor are they the responsibilities Dartmouth wants to require of these employees.  UGAs are trained in the existence of resources offered at Dartmouth to provide referrals to students.  For example, almost all the primary care physicians at Dick’s House provide Gender Affirming care and, due to the informed consent and confidentiality issues present in such conversations, UGAs are responsible for referring students to Dick’s House rather than having these conversations themselves.  In addition, UGAs are given reproductive health products they may distribute, but they should refer residents to the Wellness House for these items.  Finally, Dartmouth’s Sexual Assault Peer Alliance, or SAPAs, undergo extensive training to provide students peer-to-peer support for students impacted by sexual and gender-based violence and UGAs should refer students to the SAPAs or a professional staff member in the Office of Residential Life.

SWCD proposed that should the National Labor Relations Board find that student workers are not employees under the National Labor Relations Act, Dartmouth will disregard this change in the law and continue to recognize the SWCD as a union representing student workers as employees.

Dartmouth Bargaining Committee Response: Neither party can predict what will happen in the future, and Dartmouth will not prematurely agree to this. 

Dartmouth Requested Responses to Its Proposals

Finally, Dartmouth also requested responses to the following proposals it gave to SWCD on November 7, 2024, including the following provisions for a first UGA contract:

• Discipline & Discharge
• Health & Safety
• Non-Discrimination
• Union Access to Facilities (proposed revised language)
• Labor Management Committee
• Grievance Procedure
• Severability
• Duration
• Effect of Agreement

And proposals for the renewal of a Dartmouth Dining Services contract:

• Union Access to Facilities (proposed revised language)
• Sick Leave (proposed revised language)
• Workload (proposed revised language)

And on December 12, 2024:

For the UGA contract:

• Proposal re: Optional Training

The parties then immediately went into a caucus to meet individually without further discussion.  When the parties returned from the caucus, the SWCD bargaining committee made statements but was unwilling to engage in bargaining and presented no new proposals or counter proposals.

Dartmouth will continue to bargain in good faith regarding the terms and conditions of SWCD members’ employment with the intention of reaching a new contract for undergraduate dining workers and a first contract for UGAs that is mutually beneficial and supportive of good labor relations.