Operational Student Employees Spring 2025 Activity

WWU affirms and protects the rights to freedom of speech, peaceful assembly, and expression. Expressive activity is permitted on campus so long as it follows established guidelines and does not disrupt university operations or infringe on the rights of others. Read the full rules here: https://www.wwu.edu/expressive-activities

Key rules include: 

• No obstruction of streets, bus stops, parking lot entrances, pedestrian pathways, building entrances, or classroom spaces 

• Designated areas for expressive activity (e.g., Red Square, PAC Plaza) 

• No amplified sound without prior approval 
• Activities are limited to 7:00 a.m. – 10:00 p.m. and may not exceed five consecutive days 
• Expressive activities must comply with applicable campus safety rules and state laws 

Western supports students’ rights to organize and advocate for themselves. We are aware of the efforts by Operational Student Employees to seek union recognition, and our administration continues to engage with them. 

WWU remains supportive of efforts to extend collective bargaining rights to operational student employees. If legislation is enacted, the university will follow the appropriate processes for recognizing and bargaining with a certified union.   

OSE roles are generally part-time positions intended to support students as they pursue their academic goals. Currently, OSEs receive the same wages and many other employment protections as other student employees across campus. 

More information about WWU’s position related to the OSE is here: https://hr.wwu.edu/western-academic-workers-union-wawu

We do not anticipate that this work stoppage will affect academic coursework, students’ ability to receive credit nor graduate on schedule.  

University Residences and Residence Life is committed to continuing essential duties that uphold safe and habitable residential communities through any work stoppage. A work stoppage may impact social activities and programming, but all community- and resident needs will continue to be filled by full-time Residence Life staff. Residents with questions or concerns may reach out to the professional staff of their community or the main Residence Life office. 

In the event of a significant impact, regardless of the cause, Dining Services will focus first on maintaining full operations in the dining halls, followed by the markets, and then retail locations. If necessary, adjustments such as reduced hours or temporary closures of select retail locations may occur to ensure that core dining needs are met. Any changes to regular service schedules will be communicated. Our priority is to continue supporting the campus community with reliable access to nutritious meals and essential services.  

Overview of campus services and their operation status 

Because OSEs are not currently recognized as a bargaining unit under state law, such actions are treated as expressive activity, not a formal labor strike. 

Western respects students’ rights to engage in peaceful protest, expression, and advocacy in accordance with university policy and state law. However, the university also has a responsibility to ensure continuity of operations and services. Supervisors are encouraged to maintain open communication with student employees and to report any disruptions through appropriate channels.

WWU supports lawful expressive activity and does not discipline students for participating in it, but student employees are not guaranteed paid leave for missed shifts. Participation in a work stoppage may have employment-related consequences depending on the nature of the employee’s duties, department needs, and university policies.  

Generally, no. Recognized unions at WWU are bound by their collective bargaining agreements, which typically prohibit strikes outside of specific legal conditions. Sympathy or solidarity strikes in support of a group not recognized as a bargaining unit, such as OSEs, may violate those agreements and lead to disciplinary consequences. 

Any work stoppage outside the bounds of a union’s agreement with the university may be considered a contract violation. Employees considering participation in solidarity actions should consult their union representatives to understand the potential legal and contractual implications. 

Human Resources and Labor Relations will be coordinating with supervisors across campus to provide support and guidance. This includes: 

• Clarifying expectations around student employee responsibilities 
• Assessing operational needs and potential impacts of missed work 
• Providing direction on whether and when corrective action is appropriate 
• Ensuring a fair and consistent approach that complies with university policies 

This remains a developing area, and departments are encouraged to consult HR or Labor Relations for case-specific guidance. Further information can be found in the employer / supervisor sub-section of these FAQs. 

A concerted job action is a temporary action by workers as a protest and means of forcing compliance with bargaining demands. While some job actions are permissible, others are not. Determining which ones are permissible or impermissible requires a case-by-case analysis. 

Examples of a concerted job action include, but are not limited to: 

• Walk-outs or strikes
• Sick out
• Work slowdowns
• Sit-ins (workers occupy the workplace but do not work)
• Picketing (informational pickets or otherwise)
• Work-ins
• Distribution of union pamphlets
• Hanging Union posters on Union board or cubicles
• Wearing union insignia (buttons/pins or shirts) 

• Wearing union insignia and apparel
• Distributing union pamphlets before or after work
• An employee walking out during their scheduled lunch, scheduled breaks or while on approved leave
• Displaying union posters on union boards or in cubicles 

Job actions are generally lawful if they: 

• Do not interfere with management's orderly operations;
• Do not block the ingress or egress to facilities; or
• Do not physically harass or intimidate any individual accessing state facilities. 

• Any response should be measured, calm and reasonable, and done in consultation with assigned Assistant Attorneys General of the AGO.  
• Unless the activity interferes with the orderly operation of the organization, ingress/egress, or involves physical harassment or intimidation of those accessing facilities, no response is necessary. 
• Do not take any action that would reasonably be interpreted as interfering, restraining, or being coercive.  
• Do not threaten employees with loss of jobs or benefits if they engage in union activity. 
• Do not question employees about their union activities or sympathies. 
• Do not use any form of surveillance activities, including videotaping or recording names of those participating in meetings or job actions. 

• Managers should not state an opinion (express or implied) in support of, or opposition to, any job action by the union with staff whether represented or not. The best and safest course of action is to not discuss it at all. This includes any comments, positive or negative, about union insignia or apparel. 
• Regardless of your intent, any comments may be determined to be an unfair labor practice. 
• General direction to a work unit to explain attendance expectations, or reiterate agency policy on use of leave, is appropriate. 
• It is not recommended to wear union “colors” in solidarity or for managers or leadership to sign union petitions, and these actions could give rise to an unfair labor practice complaint. 

No. Even where a strike is prohibited by statute, the First Amendment of the United States Constitution guarantees the right to association with others and express one’s opinion, unless the expression creates “a clear and present danger.”  No court has yet held that advocating a strike, even an illegal strike, satisfies this standard. 

The Collective Bargaining Agreement in effect may contain “no strike” language and agencies and institutions may remind employees of the agreed upon language. Some higher education institutions may not have such provisions in their collective bargaining agreements. 

No. Even where a strike is prohibited by statute, the First Amendment of the United States Constitution guarantees the right to association with others and express one’s opinion, unless the expression creates “a clear and present danger.”  No court has yet held that advocating a strike, even an illegal strike, satisfies this standard. 

The Collective Bargaining Agreement in effect may contain “no strike” language and agencies and institutions may remind employees of the agreed upon language. Some higher education institutions may not have such provisions in their collective bargaining agreements. 

All employees who fail to report to work as scheduled or leave work without authorization during job actions shall not receive pay unless they are on pre-authorized annual leave or on sick leave. All employees who fail to report to work as scheduled or leave work without authorization during job actions are subject to appropriate corrective and/or disciplinary action.

All employees who engage in a work stoppage may subject to appropriate corrective and/or disciplinary action.  Please consult with Human Resources before any disciplinary actions are taken.   

The Office of Financial Management-State Human Resources Division/Labor Relations & Compensation Policy Section will address questions that agencies have related to activities, strikes or other job actions. The university also works closely with the AAG on these matters.   

Agency managers and institutions should also consult their assigned Assistant Attorneys General for legal advice.