Monday, July 25, 2016

Kathy Neils
Kathy Neils

Dear Colleagues,
In response to requests from supervisors and managers for information on how they can accurately respond to questions about union organizing, we offer this insight. Please know that you are welcome to reach out to your HR Partner for help in answering questions. If you do not know who your HR Partner is, their contact information can be found at www.unh.edu/hr/partners.htm.
—Kathy Neils, CHRO

For many of you, a union organizing drive is new. You may have questions about the process, what is happening and why, and how you can respond as a supervisor or leader. This document provides information to help you to decide how to respond.

Supervisors — and all employees — have the right to discuss and write about topics and concerns typically present during union organizing as long as it does not interfere with the performance of their individual job duties or the job duties of other employees. We encourage you to be actively engaged in making your own decision and to encourage engagement in others. The outcome of whether a union will represent OS and PAT employees is too important to be left to a vocal few.

You have the right to:

  • inform employees that their voice matters and they can share their views — pro- or anti-union — with you, co-workers and the university. You can also express your opinion
  • inform employees of any untrue, misleading or incomplete statements made by the union or its supporters. You may give employees the complete and correct facts
  • advise employees of their legal and practical rights in an organizing attempt, such as the right to not speak with union organizers or supporters and to decline to sign a union card
  • tell employees that they are free to join or not join any organization, including the union
  • tell employees that you prefer to deal with them directly rather than through a third party

You can let your employees and colleagues know that:

  • They currently enjoy competitive pay and benefits without paying union dues or agency service fees.
  • Union representation does not guarantee that a contract will include wage or salary increases or retain the same benefits employees now enjoy. Negotiations do not necessarily begin with what you have now and only go up.
  • No public employee in New Hampshire may participate in a strike or other work action. It is prohibited by state law.
  • If employees are represented by a union, the law could prohibit the university from discussing wages, benefits, hours and working conditions with the employee councils, committees or individuals.
  • Some subjects cannot be bargained and would remain matters of managerial prerogative even under a collective bargaining agreement. For example, organizational structures, use of technology, programs and methods.
  • The union would have the right to act for all staff regardless of whether or not the employees support the union or voted “NO” in an election.
  • Staff may be required to pay the union monthly agency service (“fair share”) fees, which are nearly as much as union dues, even if they do not join or support the union.

As a UNH supervisor/leader, you have the right to help employees understand the important issues about union representation here. You can help your employees by:

  • staying informed about the organizing effort, helping employees to find the information on Your Voice Matters and encouraging them to submit questions to your.voice.matters@unh.edu.
  • sharing your insights with HR and UNH leadership about what issue(s) are most important to your employees.
  • explaining that a simple majority of those who vote would decide the outcome of an election, making it important for every eligible voter to vote.
  • describing the gains made by staff at UNH without collective bargaining. For example, changes in USNH policy to address bullying; engagement with the employee councils in the development of an online training for Creating a Respectful Workplace; and recent engagement of OS and PAT staff on concerns about paid leave.

Finally, there are a few very important rules you need to follow during a labor organizing process, mostly defined by state labor law.

In the performance of your duties as a UNH supervisor/leader, you cannot:

  • restrain, coerce or otherwise interfere with employees regarding the exercise of their rights to be pro- or anti-union or to not be involved at all.
  • threaten the loss of status, benefits, overtime, etc. as a result of unionization.
  • discriminate in any way on the basis of pro- or anti-union activity or sentiment.  

 

Your Voice Matters is a series of communications from university leadership to provide clarity about efforts to unionize staff. You can read the full series and submit questions, feedback or testimonials at: unh.edu/unhtoday/series/your-voice-matters. You can also read the series and share your voice on the Your Voice Matters Facebook page.