The frequently asked questions and answers below were originally published during the union organizing and recognition process. They are republished here as background information. These “FAQs” will be updated as needed.
The following are commonly asked questions about union organizing in general and the current organizing effort in particular.
Section 1: UO positions and groups affected by organizing effort
Q: Which groups are involved in the union organizing?
A: The union determines the employees it wants to represent. Typically, unions make this determination based on which combination of employees is likely to result in a successful organizing campaign. From the United Academics – University of Oregon website, it appears the union intends to represent all faculty, including all tenure-related and non-tenure track instructional faculty, postdoctoral scholars, all non-tenure track researchers, and librarians. Thus, the union would exclusively bargain with the University on behalf of professionals like adjuncts, full professors, research associates, associate professors, instructors, assistant professors, lecturers, and librarians, among others, all of whom would be combined into a single bargaining unit.
The Oregon Employment Relations Board (ERB) ultimately determines whether the union has proposed an “appropriate bargaining unit.” In doing so, ERB has to decide whether the employees share a “community of interest.” In making this determination, ERB considers factors such as whether the proposed employee-members of the bargaining unit have similar duties, skills, benefits, interchange or transfer of employees, promotional ladders, common supervisors, wages, hours and other working conditions of the employees involved, the history of collective bargaining, and the desires of the employees.
We cannot predict ERB’s decision. However, ERB tends toward all-encompassing, “wall-to-wall” bargaining units. In other words, in the past, ERB has determined that a diverse group of professionals may be combined to form an appropriate bargaining unit.
Q: Will faculty members funded by grant money be represented by a union?
A: The source of funding is irrelevant. This is also true for classified employees, many of whom are also supported by grant funds.
Q: Would tenure-track and tenured faculty constitute a majority of the bargaining unit?
A: No. Tenure-track and tenured faculty comprise substantially less than half of the proposed bargaining unit and could be included in the bargaining unit even if every single tenure-track and tenured faculty member opposed the union.
Q: What does it mean to be excluded from union representation based on supervisory, managerial or confidential status?
A: Oregon law excludes supervisory, managerial and “confidential” employees from collective bargaining units.
- In general, a supervisory employee is someone having the authority “to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibly direct them, or to adjust their grievances, or to effectively recommend such action.”
- In general, a managerial employee is someone having the authority “to formulate and carry out management decisions” or to act on behalf of management “by taking or effectively recommending discretionary actions that control or implement employer policy, and who has discretion in the performance of these management responsibilities beyond the routine discharge of duties.” Managerial employees do not have to be supervisory. In contrast to Federal law, Oregon law states that the term “managerial employee” specifically “does not include faculty members at a community college, college or university.”
- In general, a “confidential” employee” is “one who assists and acts in a confidential capacity to a person who formulates, determines and effectuates management policies in the area of collective bargaining.”
Section 2: Union organizing process
Q: What’s the difference between a card check and an election for unionization?
A: The primary difference is that the card check process serves as an alternative to a secret ballot election where all members of the proposed bargaining unit would be able to confidentially vote on union membership.
Under Oregon law, the union could become the exclusive bargaining representative of all faculty members selected by the union in either of two ways, through a confidential election or a card check without a confidential election.
Q: How does Employment Relations Board determine whether there will be a confidential election or whether the union will be certified without a vote through the card check process?
A: Under either process, the union collects and submits signed authorization cards to ERB. The University then submits a list of employees it believes are included in the proposed bargaining unit. ERB then determines whether the showing of interest by members of the proposed bargaining unit is sufficient to support the union’s petition. Whether a particular position is or is not part of the bargaining unit is resolved by ERB, usually at this time.
Election: If at least 30% of all eligible employees in the proposed bargaining unit sign cards or petitions authorizing the union to represent them, the union may petition ERB to conduct a secret ballot election. In this case, all affected employees will have the opportunity to submit a confidential vote.
A majority of those who vote determines the outcome, not a majority of those eligible to vote.
Card check: It appears that the union wants to avoid a secret ballot election and pursue certification through what is known as a card check. The card check method of certification commonly replaces the right of employees to confidentially vote in a secret ballot election. The card check option has existed in Oregon since 2007 and works like this: If a majority (50% + 1) of the employees selected by the union to comprise the bargaining unit sign cards authorizing union representation, the union may be certified to represent all of the employees selected by the union without a confidential secret ballot election. Those employees who do not want union representation will not have the option of voting in a secret mail-in ballot election. Let’s consider an example of 2,000 eligible employees in each situation:
- Under the card check rules, 1001 signed cards would be needed to certify the union; no vote would occur unless 600 of the 2000 (30%) sign a petition specifically requesting a secret ballot vote.
- If at least 600 but less than 1001 signed cards are submitted to ERB by the union, a secret ballot vote would occur. The outcome of the election would be determined by those who vote. If just 250 of the 2,000 eligible voters actually vote, and 126 of those voters cast ballots in favor of union representation, the union would win the election and become the exclusive legal representative for all 2,000 employees, including those who voted against representation and those who did not vote at all.
Q: Can employees force an election?
A: Yes. If 30% or more of the employees in the proposed bargaining unit sign a petition stating that they want ERB to hold an election, the ERB will conduct a secret ballot election even if more than 50 percent have signed cards. ERB generally conducts representation elections by confidential mail-in ballot.
If a group of faculty members wishes to require an election, that group must obtain the signatures of 30% of the proposed bargaining unit members on a petition asking the ERB to conduct a confidential election. This is a sample petition (pdf).
Q: What will the signature card for card check look like?
A: The authorization card or petition must state that the employee wishes to be represented by the union for the purpose of collective bargaining. To see an example of an American Federation of Teachers authorization card, follow this link: AFT/AFL-CIO Authorization Card Example.
Q: What are the time lines? Can organizing go on forever?
A: Signed cards or petitions are good for 90 days, so the union may try to compress its card-signing drive into that time period. However, the union also can ask an employee to sign another card if the first signed card has expired. Ultimately, it is up to the union to decide how long it wants to pursue organizing.
Q: How long will the bargaining take?
A: This early on, it’s not possible to know when a contract will be finalized. The important thing is to do it right and shape a responsible agreement everyone can live with.
Q: When will the vote take place? Who is eligible to vote?
A: If the union pursues card check certification, there will never be a secret ballot election unless 30% or more of the proposed bargaining unit members sign and file a petition demanding one.
Section 3: Employee rights during union organizing
Q: Do I have to speak to union organizers? What can I do if they interrupt my work or come to my home?
A: If a union organizer visits you at work, at home, or anywhere else, you may speak with the organizer or decline to speak with the organizer. You may tell the organizer to stop bothering you if you wish.
While the decision to speak with a union organizer is entirely your own, you should not allow a union organizer to interfere with your work time, particularly if you are teaching a class, meeting with students, conducting research, or engaged in public service activities. If a union organizer comes to your home, it is again entirely up to you to make the decision about whether to speak to the organizer. You have every right to do so, and every right to tell the organizer you do not wish to speak to him or her.
Q: What can I do if I feel that I am being pressured to sign a card?
A: You do not have to sign an authorization card if you do not want to do so. You should sign only if you want to sign, not because you feel pressured to sign. The authorization card is a legal document with a legally significant effect. It can be used by the union either to petition for an election or to petition for card check certification without an election. For that reason, you should make your decision carefully, because you think it is the right decision, not because you are being pressured. You may not have another opportunity to cast a vote on the issue. If you feel you are being pressured and no longer wish to speak with the union organizer, you should tell the person that is the way you feel. You have the right to ask or tell the organizer to leave. You are under no obligation to speak to an organizer unless you wish to do so.
Q: What can I do if I change my mind and want to withdraw my signed card?
A: You have every right to change your mind and, if you choose, to withdraw your signed card from submission by the union organizers. The union may well seek to persuade you to stand by your original declaration but it should neither refuse nor delay implementation of your considered decision to withdraw your signed card.
Q: What are the rules about use of university equipment and the use of work time to discuss union representation? Is it OK to meet with union representatives on my own time?
A: All employees have the right to support or oppose unionization as long as this activity does not disrupt the work environment or interfere with anyone’s work duties. You may meet with union representative during non-work time. Union organizers do not, however, have the right to interrupt classes, meetings with students or colleagues or other work time. Federal postal laws also allow only university mail to be delivered via campus mail, which does not include promotion of or opposition to outside activities. In sum, the University must treat union organizing efforts as it would any activity by non-university groups or any non-university related business with regard to email or personal conversations.
Q: Is it considered insubordination to discuss union representation?
A: No. Unionization is an important topic that should be discussed openly from pro and con perspectives, again provided that such discussion does not interfere with anyone’s work duties.
Q: What can deans, directors, department heads and other administrators say during an organizing drive?
A: “Supervisory and managerial” personnel cannot dominate, interfere with, or assist in the formation, existence or administration of unionization efforts. For example, they are not allowed to punish or threaten employees for supporting or opposing unionization, nor are they allowed to reward or promise rewards to employees who oppose or support unionization. They also cannot interrogate employees concerning how they feel about unionization or whether they have participated in union activities, or engage in surveillance of union organizing efforts.
On the other hand, everyone, including supervisory and managerial personnel, has the right to convey facts and their opinions and experiences regarding unions and union representation. They can talk about their experiences with unions, the legal principles related to unionization, and things unions have and have not achieved elsewhere, and state their opinions on whether they think unionization will be a positive or a negative. Again, open and in-depth discussion of this topic is important to ensure that all affected employees can make an informed decision.
Section 4: Effect of collective bargaining
Q: If the faculty becomes unionized, could my base pay be decreased?
A: Yes. If the faculty (or any other group) becomes unionized, the UO would be required to bargain in good faith with the union that represents them over matters concerning mandatory subjects of bargaining. This includes direct or indirect monetary benefits, working hours, vacations, sick leave, grievance procedures and other conditions of employment. However, Oregon law does not compel either party to agree to a proposal or require the making of a concession. Thus, it is possible that salaries may increase, decrease, or stay the same, depending on the circumstances.
Your net pay will almost certainly be reduced by the amount of union dues or fair share payments you will be required to make to the union. Unions typically insist on including a provision in the collective bargaining agreement which requires these fees to be deducted by the employer from employee pay.
Q: If the faculty becomes unionized, could my ability to take optional add-on assignments be affected in any way?
A: Yes. Work assignments could be the subject of bargaining. Procedures for add-on assignments could be specified in the contract, and those procedures could be identical to or very different from those used currently.
Q: If the faculty becomes unionized, could I negotiate separately with my dean concerning my own salary?
A: No. The union would become the “exclusive” representative for everyone in the bargaining unit, and it would bargain with the UO for matters concerning pay, benefits, working hours, vacation time, sick leave, grievance procedures and other conditions of employment. Union-represented employees would not be able to negotiate on their own behalf concerning any of these matters, nor would any group other than the union be allowed to bargain with administration over these issues.
The existence of a union would introduce a third party between the faculty and the University, and the University would be prohibited from negotiating directly with faculty regarding salary, benefits, and working conditions and any other matters covered by the collective bargaining agreement.
Q: In what ways, if any, will shared governance be altered if a union is approved?
A: Most shared governance issues are permissive subjects of bargaining, so the parties are not required to negotiate about them. If the parties negotiate such subjects, there is no guarantee that shared governance will be changed or “strengthened.” It could actually be weakened. The simple fact is that when a subject is bargained collectively there are no guarantees about how things will turn out because neither party is required to agree to any proposal made by the other party.
Outside the context of collective bargaining, it is certainly reasonable to conclude that shared governance will not be enhanced by the presence of a third party, the union, which has its own internal governance structure, constitution, bylaws, and its own agenda which may have little to do with what is best for the University of Oregon and its faculty.
Q: Can one opt out of union representation?
A: No. There is no “opt-out” if a union is certified as the exclusive representative of a bargaining unit that includes the employee’s position. This is true, with rare exceptions, even if the employee refused to sign an authorization card and if he or she voted against the union. Union contracts at other Oregon universities require union-represented employees to pay dues to the union in order to keep their jobs, but employees can choose whether they want to become union members and pay full dues, or decline to join the union and pay a “fair share” fee. However, the union is the exclusive representative of those who join as members and those who do not join (the “fair share” fee payers), all of whom are covered by the same union contract.
Q: How much would UO faculty members be required to pay to the union if AFT/AFL-CIO/AAUP becomes their bargaining representative?
A: Union dues are not controlled or set by the employer. It is hard to know exactly how much the Union will assess each member or fair share payer in dues, and those amounts can change over time with those changes dictated from the union’s national office in Washington, DC. However, you can look at other collective bargaining agreements to see what other employees are being charged. For example, AFT/AFL-CIO charges GTFs at UO 2.1% of their gross monthly pay. Faculty at Portland Community College pay 3.5%. Faculty at WOU pay 1.25%.
Section 5: Implications of Strikes
Q: If my job is represented, will I have to go on strike if the union calls for one?
A: Union-represented workers have the legal right to continue working if they so choose even though their union has called a strike. However, unions have the right to discipline their members for violations of union rules, including failure to honor a strike. Such discipline may lawfully include fines.
Q: If a research group has a contract with an outside entity to provide a service, what happens if the union calls for a strike?
A: If a strike occurs, all elements of the University’s operations will likely be disrupted, including services provided to outside entities as well as services provided to students and the community. Personnel that choose not to strike, if any, will have to compensate as best they can for personnel that choose to strike.
Q: Has UO ever experienced an employee strike?
A: Yes. SEIU employees at UO went on strike in 1987 and 1995.
Section 6: Other questions
Q: Has a group formed to oppose organization efforts?
A: Although many have expressed their opposition to unionization via communications with administration, we are not yet aware of a group that has formed to oppose the union’s efforts.
