Penn Asks Court to Bar Union Arbitration

The University of Pennsylvania wants a federal judge to rule that graduate worker union GET-UP cannot arbitrate whether certain BGS students are employees.

Updated on Nov. 9, 2026 in Unions

Weathered limestone civic building with tall columns and a broad stone staircase under overcast Philadelphia daylight. — The University of Pennsylvania asked a federal judge on November 6 to rule that graduate worker union GET-UP cannot pursue arbitration over whether first- and second-year BGS students are employees. AI Illustration. Upload story photo >

The University of Pennsylvania filed a motion on November 6 asking the Eastern District of Pennsylvania to rule that GET-UP cannot pursue arbitration over whether first- and second-year BGS students are employees. GET-UP argues the court lacks jurisdiction and that the dispute belongs to the arbitrator.

Why it matters

The outcome will determine whether a union arbitrator can decide if a group of graduate students falls within the bargaining unit. Penn contends these students are engaged in academic activities rather than bargaining unit work.

The filing is a motion in the Eastern District of Pennsylvania, arising from a union arbitration request submitted in July. The court has not yet ruled on jurisdiction, and the arbitrator's authority over the question remains unsettled.

The players

University of Pennsylvania

A private Ivy League research university in Philadelphia that employs graduate students through its Biology PhD and BGS programs.

GET-UP

The graduate employee union representing graduate workers at the University of Pennsylvania.

The details

The dispute centers on whether the union contract covers first- and second-year BGS students, which the contract excludes for educational fellowship recipients. GET-UP filed a grievance in April over that exclusion and submitted an arbitration request in July, which would be conducted through the Philadelphia office of the American Arbitration Association.

April 2026: GET-UP filed a grievance over the exclusion of BGS students.
July 2026: GET-UP submitted an arbitration request.
August 2026: Penn asked the court to rule that arbitration on student employee status is barred.
October 2026: GET-UP argued the court lacks jurisdiction.
November 6, 2026: Penn filed its motion asserting federal jurisdiction.

Big Picture

The case tests how federal labor law treats graduate students, a question that has also been litigated in a Harvard graduate worker case where a federal judge upheld an arbitrator's bargaining unit decision. Penn's position draws a line between academic activity and bargaining unit work.

Students in the BGS program and first-year Biology PhD lab rotations could see their union coverage determined by the court or arbitrator. Their wages, protections, and grievance rights depend on how this question is resolved.

The takeaway

The ruling will clarify whether graduate students performing academic work can be classified as union employees, a question with consequences for graduate workers across Philadelphia's universities. Watch for the court's jurisdiction decision.