Workplace Matters

What is a union?
A union is an organization composed of workers within a particular trade, industry, company, university, or workplace who come together to organize and advocate with their co-workers around a platform of shared concerns and priorities. In most cases, unions collectively bargain with employers over terms and conditions of employment such as wages, benefits, hours, and working conditions. Most local unions or chapters are chartered by and are a part of a larger national or international umbrella organization.

What is a bargaining unit?
A specific group of employees with a clear and identifiable community of interests represented by one authorized union for the purposes of collective bargaining and labor contract administration.

Are there unions currently representing workers at JHU?
Yes. Johns Hopkins University has several union representatives on campus, including:

• LIUNA Local 572 represents maintenance and janitorial employees.
• UNITE HERE Local 7 represents dining workers.
• TRU-UE Local 197 represents PhD workers.

What is the NLRB and the NLRA?
In its own words, the National Labor Relations Board (NLRB) is “an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.”

The NLRB administers all aspects of union elections, and acts to interpret and enforce the National Labor Relations Act (NLRA), the federal law governing private sector collective bargaining and labor activity for both unions and employers.

How do workers become represented by a union?

• A group of workers seeking to unionize may first organize informally among their peers to develop a platform and build support among colleagues for a union. They will then affiliate with an established union to create a new bargaining unit. Alternatively, an established union may contact workers in a specific industry seeking to represent them in a new bargaining unit.
• To seek formal representation by a union, workers sign “authorization cards”; written declarations stating they want a particular union to be their exclusive bargaining agent.
• If a union collects enough cards to constitute a valid “showing of interest” (a showing that at least 30 percent or more of the workers the union seeks to represent signed a card), the union can either ask the employer for voluntary union recognition (also known as “card check”) or file a “representation petition” with the National Labor Relations Board (NLRB).
• A “representation petition” asks the NLRB to administer a secret ballot election in which workers in the proposed bargaining unit are given the opportunity to vote on whether the union will become their exclusive bargaining representative.
• Once the union and employer agree on the appropriate scope of the bargaining unit, the NLRB will then hold a secret-ballot election. If the scope of the bargaining unit is disputed, the NLRB will first determine the appropriateness of the bargaining unit before it conducts an election.
• As in most elections, the outcome of a representation election is determined by a simple majority of votes cast.
• If the union wins the election, then the union is certified as the exclusive representative of the workers in the bargaining unit, and the union and the employer begin the process of collective bargaining to establish a first contract.

How is an election conducted?
The NLRB oversees all aspects of a representation election. Please see the NLRB’s website for details.

What are an individual’s rights if a union representative approaches them about signing a union authorization card?

• The decision of whether to form a union is entirely up to each individual.
• Employees have the right to sign a union authorization card and they also have the right not to sign a union authorization card.

Do people who sign an authorization card have to vote in favor of the union if a representation election is held?
The act of signing an authorization card does not commit the signer to the same choice if an election is held. The signer is free to vote either for or against union representation in an election or not vote at all during the election.

If someone does not sign an authorization card, can he or she still vote in an election?
Yes, as long as they are an eligible voter. Individuals do not need to have signed an authorization card in order to vote in a union representation election.

Can faculty and staff supervisors and employees speak to each other about the union election?

• All faculty and staff should be aware of the rights afforded to workers in the context of unionization under federal labor law; guidelines for faculty and other supervisors are available here.
• In the context of unionization, some faculty and staff are considered managers and supervisors, and must follow federal labor laws when addressing union-related issues with employees. This does not mean that faculty and staff cannot express their personal opinions about these issues.
• Faculty and staff are free to share their personal views and opinions on this or any other topic in a manner that does not seek to intimidate or threaten employees on the decision of whether or not to support a union.

What can faculty and others who supervise those seeking to organize say about the current union organizing effort?
Supervisors have the right to express their opinion on these subjects as long as they do so in a manner that avoids what may be considered under the law to be “threats, interrogations, promises of benefits, or surveillance.” More guidance for faculty and other supervisors is available here.

What happens if there is an election and the union wins?
A union that receives a majority of the votes cast is certified by the NLRB as the employees’ exclusive bargaining representative and is entitled to be recognized by the employer as the exclusive bargaining representative for the employees in the unit. The union and the employer then begin the process of collective bargaining.

What is collective bargaining?

• Collective bargaining is the process by which an employer and a union, as the exclusive representative of a bargaining unit, attempt to negotiate the terms and conditions of employment.
• Although the process usually results in a contract, there are times when the parties are unable to reach agreement. The NLRA requires the parties to bargain in good faith, but does not require either party to agree to any proposal put forward by the other side.

What is a union contract/collective bargaining agreement?
A union contract or collective bargaining agreement (CBA) is a legally binding contract between the union and the employer, arrived at through negotiations between the employer and the union, which sets forth the terms and conditions of employment for employees in the bargaining unit.

What are the issues that would be covered in negotiations?
The NLRA requires employers and unions to bargain over “wages, hours, and other terms and conditions of employment.”

What job security protections can a union contract provide?

• While unions can negotiate certain terms and conditions related to job protections through the collective bargaining process, being part of a union generally does not prevent workers from being separated from their jobs for just cause, nor does it prevent workers from being laid off due to a lack of funding or changes in operations.
• For example, unions can negotiate with employers to adopt contract provisions ensuring workers are not fired or disciplined arbitrarily and without “just cause” or to ensure that there are certain standards and procedures that must be followed as part of any layoffs — as such the amount of notice given, or the level of support provided to affected employees in the bargaining unit.

Does every worker a union represents have to be a member?

• Federal law is clear that union membership is a personal decision and the choice of whether to join or not join a union is up to each individual worker.
• However, even employees in the bargaining unit who opt out of union membership are covered by and bound by the union contract, even if they are not members of the union.

What are union dues?

• Union dues are funds employees in the bargaining unit pay to the union to support the operation of the union, the negotiation and enforcement of a collective bargaining agreement, and other union activities as determined by the union.
• Sometimes union dues are a flat annual rate, while other times they are a percentage of wages. Ultimately, the union determines the dues rate for a particular bargaining unit.

Does everyone in the bargaining unit have to pay dues?

• Only union members are required to pay union dues, and the choice of whether or not to join a union is up to each individual worker.
• However, in Maryland and several other states, unions are permitted to negotiate with private sector employers for the right to charge “agency fees” or “fair-share fees” as a condition of employment for workers who are part of a bargaining unit but opt-out of union membership.
• Unions are legally required to represent all individuals in a bargaining unit who are covered by a collective bargaining agreement (CBA), regardless of their membership status, but unions may have different rules and rights for members and non-members.
• For example, many unions do not afford voting rights to non-members, meaning only full dues-paying members may participate in elections that shape the union’s platform or make decisions that impact all workers in the unit. This can include selecting union leaders and officials, determining which issues the union uses its resources to support or oppose, and voting on whether to accept a contract offered by the employer (known as ratification) or whether to authorize a work stoppage (known as a strike).
• Fee rates for those who opt out of a union can vary significantly as they are set by each individual union; such fees may be either less than, or equal to, dues depending on the union.
• Federal labor law also provides individual workers the right to seek what is known as “Beck Objector” status if they wish to opt out of paying membership dues or agency fees based on a religious or ideological objection.
• Beck objectors pay only for the portion of union funds that go directly towards contract negotiations, contract administration, and contract enforcement (such as grievance procedures).
• Each individual union sets its own policies, procedures, and practices for how represented workers can exercise their Beck rights. If employees in a bargaining unit have questions or concerns regarding their Beck rights, they should reach out to their union for clarification and further guidance. The employer does not play a role in the Beck rights process.