UNIONIZATION PROCESS
Q: I read that the AFSCME organizer was quoted in the paper as saying, "It's nice to not have to go to elections anymore." What did she mean?
A. She probably meant that AFSCME does not want to give UNH employees the opportunity of voting in a secret ballot election to decide if they want to be represented by the union. Instead, AFSCME is apparently interested in signing up enough employees so they can file a petition for a Written Majority Authorization. This would allow them to represent a bargaining unit without an election. While a union can now do this under a new state law that was passed last fall, the option for democratic union elections are still provided for under the law.
Q: How long will this union activity last?
A: That is up to the unions; the law places no limits on how long a union can take to organize an employer. However, most unions will cease their activity if they are unable to secure enough support from employees. From time to time unions have tried to organize UNH employees but our employees have not been interested and the unions eventually ceased their activity. It is also worth noting that any union cards that employees sign that are used to support a petition for an election or to support a petition for Written Majority Authorization cannot be more than six months old.
Q: Are these two unions targeting all groups of staff at UNH or are they focused on just one (for example, just OS, or just facilities staff)?
A: Again, it is not clear that either union has targeted a specific group. It appears at this point that they have cast their nets across both OS and PAT groups.
Q: What do staff need to do if they have signed a union card and now wish to withdraw it?
A: We take no position on whether you should or shouldn’t withdraw your support for a union -- that is a matter entirely up to you. But should you decide you wish to cancel the card you signed, you should contact the union and ask it to return the signed document to you. You may also want to contact the New Hampshire Public Employee Labor Relations Board -- that is the state agency that oversees these matters for public sector employees in our state -- their web site is: http://www.nh.gov/pelrb/; and their telephone number is: (603) 271-2587. They can answer any questions you may have about this question.
Q: Is it accurate to say that negotiations always begin with a blank slate, and therefore the current compensation and benefits packages might be in or out?
A: In terms of working conditions, with the exception of rights established by federal and state statutes, negotiations begin with a blank slate. All terms and conditions of employment including compensation and benefits are open for negotiation in a unionized environment. Whether your current benefits will stay the same or change cannot be predicted prior to the conclusion of the bargaining process and adoption of the contract.
Q: If the Union is voted in, do I have to accept it? In other words, will I be forced to join even though I didn’t sign anything or vote on it?
A: If the NH Public Employee Labor Relations Board certifies that your position is part of the bargaining unit, and the union wins an election or is the certified representative by virtue of majority petition, you will be represented by the union regardless of whether you voted in favor or signed a petition. Once a collective bargaining agreement is in place you will be covered under the terms of the agreement. You may or may not be subject to dues.
Q. Union representatives have come to my home repeatedly. Can the University do anything about this? (Q & A added on 3/5/08)
A. Truthfully, we cannot tell the union representatives to stop contacting you at your homes in the evening, but I do urge you to contact the AFSME and UAW reps directly and tell them.
Q: One of the things that really caught my eye with the materials that were sent to my home with the union card was that monthly dues would be approximately $30. For me, that is significant. If more than 50% of the staff sign union cards, does that require the rest of us to join and pay these dues? (Q & A added on 3/5/08)
A: First of all, you only have to worry about paying union fees or dues if a union is successful-- that is, if it is certified by the Labor Board either through an election or if the union organizers are able to get more than 50% of the staff in an appropriate unit to sign authorization cards. But if the union is successful, then there are some key points to remember:
WORKPLACE GUIDELINES
Q: If the union wins an election or is the certified representative by virtue of majority petition at the university, can the union force its members to walk out on strike as a negotiation tactic?
A: The University of New Hampshire is a public institution and we are public employees. NH Labor Relations Law states, “strikes and other forms of job action by public employees are hereby declared to be unlawful.”
Q: What role will the Staff Councils have if the union drive is successful?
A: While groups like the PAT, Operating Staff and Extension Educator Councils would not disappear, if the union wins an election or is the certified representative by virtue of majority petition, the union would be the legal and sole representative of all employees in the bargaining unit for all bargainable issues. In general, these issues are those relating to wages, benefits, hours, and working conditions. Staff councils cannot play a role that would usurp or be a substitute for the responsibilities that a union would have as the sole representative.
Q: What limitations can be placed upon union organizers who solicit employees at work? (Q & A added on 3/5/08)
A: As mentioned previously union organizers - whether UNH staff or outside individuals - cannot disrupt the normal University business and operations. They may only approach staff before and after working hours and during customary staff breaks, such as meal times. USNH has a non – solicitation policy that applies to all workplace solicitations whether internal or external.
http://usnholpm.unh.edu/USY/V.Pers/D.13.htm
13. Non-work Related Solicitations.
13.1 The University System of New Hampshire also strives to provide a work environment free of non-work related interruptions. Faculty and staff are expected to engage in the work of the University System or USNH-sponsored activities during work time and in the work place, free from interruption, disruption, or distraction from sources unrelated to their work
13.1.1 As such, solicitation of or by faculty and staff on behalf of non-USNH entities during work hours and in the workplace is restricted to non-working hours and non-work space, such as a designated web site. Institutional level policy may permit the use of lunchrooms and/or other appropriate common areas for solicitation by, or on behalf of, appropriate non-USNH organizations so long as that activity does not interfere with the ability of faculty, staff, and supervisors to maintain a work environment appropriate to the conduct of USNH’s work.
REPRESENTATION
Q: Can a supervisor and a supervisee in the same bargaining unit?
A: The Public Employee Labor Relations Act provides the following: "Persons exercising supervisory authority involving the significant exercise of discretion may not belong to the same bargaining unit as the employees they supervise."