Legislation allowing research assistants at the University of Wisconsin to unionize has met controversy because it excludes international students from the bargaining table.

According to Steve Lund, a human resources representative for UW, RAs are not considered employees, but will be if represented by a union.

“RAs are not employees because they’re engaged in activities that are primarily for the benefit of their own course of study,” Lund said. “But … if they are eligible to be represented by a union, they’re clearly, without doubt, made employees.”

International RAs currently have a 20 hour-per-week work restriction on their visas. If they were to join a union, some hours put into their degree would count toward the 20-hour limit, potentially increasing the amount of time to complete a degree.

Lund said UW originally lobbied to give unionization rights to all RAs, and because of the 20-hour limit it was decided it would be the RA’s choice if they wanted to join a union. While international students were eventually excluded, joining remains a choice for the rest.

“When that legislation was first put forward it would have automatically put all RAs into a union represented by the Teaching Assistant Association and it wouldn’t have given the RAs any choice whatsoever,” Lund said.

By excluding international students from the legislation, Lund said the visa regulations would not be an issue.

The change was also made with the hope of keeping international RAs at UW and to prevent prospective students from being driven away by the work restriction.

“What we find happening is [RAs] really want to spend a lot of time on [their degrees] so they can finish up sooner and graduate earlier,” Lund said. “We’re concerned that (with) the limitation…they’re not going to like that.”

Peter Rickman, co-president for UW’s Teaching Assistant’s Association, said the 20-hour limit is not a monumental obstacle.

According to Rickman, when students are appointed, they are considered as working part-time in what are known as halftime appointments.

“That (appointment) won’t throw any wrenches into the rules here at UW-Madison,” Rickman said. “We believe any concerns…can be dealt with through a contract and that’s ultimately one of the things that comes from a union forming.”

Currently, the feeling among international RAs is confusion and anger, according to Rickman.

He said he has talked with RAs, and they do not understand why UW would not include every RA in the collective bargaining process.

“Everyone is a little miffed that anyone should be excluded from anything on our campus where other folks have the same rights,” Rickman said.

Lund stressed UW is not against collective bargaining, but concerned about the interests of all RAs.

Although Rickman said the option for RAs to form a union is a triumph, he said the exclusion of international students is unacceptable, no matter what the explanation, and the TAA plans to contest the issue until it’s resolved.

“When one of those concerns of grad student workers is the exclusion of research assistants who are internationals, we’re going to stand up and fight against that,” Rickman said.