Union and Collective Bargaining - Frequently Asked Questions
Q. If a union came in, how would the employment relationship between me and the University change?
A. Currently, you and the University work together directly without a third-party union in that relationship. If a union came in, future changes in wages, time off, benefits, scheduling and the other conditions of employment would be subject to negotiation between the University and the union.
Q. Won't employees who sign a union authorization card or petition get a chance to vote in an election to determine whether they want to be represented by a union?
A. Historically that is the case, however the NLRB can recognize a union without an election. In addition there is legislation that could change the way unions are recognized based on the number of signatures gathered on cards or petitions. By signing a union authorization card or petition, you are not simply requesting to vote in an election or asking for more information. Rather, by signing a card you are authorizing the union to be your exclusive representative for purposes of bargaining.
Q. I didn't understand the legal consequences of signing a union authorization card. How can I get my card back?
A. You should make a written request to the union to: SEIU Local 200 United, 1150 University Ave. Bldg. 5, Door H, Rochester, NY 14607
Q. I prefer speaking for myself, working directly with my supervisor, and don't want the union to speak for me. If a union comes in, will the union represent me, too?
A. If the union comes in, all employees who have job titles in the bargaining unit will be represented by -- and pay dues and assessments to -- the union regardless of what you prefer.
Q. If the union came in, how much would I pay in dues?
A. The dues rate is established in SEIU Local 200's constitution at 1.9% of your gross wages. The union, however, increased dues every year between 2001 and 2005, and can amend its constitution at any time to increase dues again. For our group of service employees, 1.9% comes to about $500-$600 per year for each employee. Also, one of the first things SEIU generally requires in negotiations is "union security." Union security would mean that all employees in the bargaining unit must be dues-paying union members in order to keep their jobs.
Q. Who pays for negotiations if the union is elected as exclusive bargaining agent?
A. The University would pay for its own expenses. Employee dues money goes to pay for the union's expenses.
Q. What does collective bargaining require of the Union and the University?
A. The University and the Union are obligated to bargain in good-faith. The Union cannot force the University to agree to anything. The University will only agree to do what we believe we can afford and is in the best interest of our students, employees, and the University. Employees should remember that anything can happen in collective bargaining. What you have now can go up, down or stay the same.
Q. What is a collective bargaining agreement?
A. A collective bargaining agreement, also called a labor contract, is the agreement reached between an employer and a union covering terms and conditions of employment.
Q. What happens if the union and the University cannot agree on wages, hours, and other terms or conditions of employment?
A. Several things can happen. First, negotiations might go on for a long time - years - if the parties can't agree. During this time an employer cannot make changes to things like wages, schedules, benefits, or time off without bargaining with the union. Second, if the parties reach an impasse in bargaining, as that term is defined under the law, the employer can unilaterally implement its last offer without the union agreeing. Finally, if the parties cannot agree, the union might strike or the employer might lock-out employees to try and get concessions from each other. Employers do not pay employees' wages while they are on strike or locked out.
Q. How long does it take to negotiate a labor contract?
A. The average negotiation for a first contract takes a year or more. There are cases of first contract negotiations continuing for three or four years. As we previously said, while negotiations are on-going, the University cannot make changes on its own to things like wages and benefits.
Q. What if I don't agree with what the union thinks is important during negotiations?
A. Often, things that are important to individual employees are not the union's goals during bargaining. Nonetheless, all employees in a bargaining unit would be governed by the collectively-bargaining contract.
Q. If there was an election, how would the union get elected?
A. In an election to decide whether employees want the union to represent them, the union would win if a simple majority (50% plus one vote) of the votes cast were votes for the union. If the bargaining unit is determined to include 100 employees, but only 20 cast their votes and 11 of the 20 voters vote for the union, the union would come in to represent all 100. Employees that choose to ignore anything to do with union representation by not voting, will still be bound by the outcome of the election.
Q. What can someone who is against the union do?
A. Employees who do not believe a union is the right thing for them, their families, and RIT have the same legally-protected right to express themselves about their views on unions as those employees who are in favor of the union. Subject to the limitations outlined in the University's solicitation and distribution policy, they may discuss experiences and opinions with co-workers; point out the reasons why they feel bringing in a union would be a big mistake; remind co-workers that the individual flexibility and great wages and benefits they currently enjoy as part of the RIT family would be subject to negotiation, etc.
Q. How would the approximately 2,100 Food Service and 280 Facilities Management student workers be impacted by SEIU representation?
A. Many RIT students are employed on campus and they rely on the income from these jobs. Many collective bargaining agreements provide that only bargaining unit members can perform bargaining unit-type work. If that type of provision was in the collective bargaining agreement here, it could severely restrict the employment opportunities of any non-bargaining unit member.
