Union Organizing
TALKING TO EMPLOYEES ABOUT UNIONS
As a UC manager or supervisor, it is important that you are able to talk with your staff about labor matters, including union organizing. Some people find it difficult to discuss collective bargaining and unionization with their staff. The following guidelines have been designed to help make that task easier. Should you decide to hold meetings with your staff to discuss unionization, you may wish to consult with a representative from the Labor Relations Office prior to your meetings.
- Scheduling. You may discuss the subject of unionization at staff meetings, or you may schedule meetings solely to talk to employees about unions. Employee attendance must be voluntary, but the importance of the discussion should be stressed. If you make the discussion a topic at your staff meeting, it's a good idea to put it last on the agenda and give the employees the option to stay for the discussion or leave.
- Location. It's okay to conduct such discussions in a customary meeting place, such as a conference room or other suitable location. However, don't hold a meeting in your office or in a work area, as a supervisor's work area/office is sometimes considered intimidating.
- Tone. Encourage your staff to look at all the facts about unionization — pro and con — and then make an informed decision for themselves. Encourage them to ask questions now and in the weeks ahead. Assure them that no question is too trivial. If you don't know the answer to a question, tell them that you'll get accurate, factual answers and report back to them. Be sure you do get back to them within a day or two.
- Expressing your views. The University does not support or discourage unionization. As a manager or supervisor, you should represent the University's neutral position. Be sure that what you say:
Although you may talk about your personal experiences, whether solicited or not, be sure the employees understand when it is your opinion. In addition, you may discuss unions and collective bargaining generally, and address any union misrepresentation of facts. Whatever your personal opinion is, make sure you let employees know that the University is taking no position on whether or not employees should vote for union representation: our interest is to help employees to consider all the factors, make an informed choice and vote.
Remember, the law does not make a distinction between when you are at work and when you are not at work. Your words and activities must conform to the law on all occasions. This means that you must not deliver your statements and opinions in an inflammatory or coercive manner.
- Equal time. Equal time for the union or its supporters to rebut your opinions/information is not required by law. You do not need to provide time in your meetings for union communication. Unions have their own mechanisms for putting out information. HEERA provides unions with use of University facilities consistent with our time, place, and manner regulations.
- Overall approach. Listen to everything your employees have to say. Always remain calm and show no anger or emotion in response to arguments either pro or con. Conduct meetings or discussions in a neutral location (e.g., a conference room). Create an atmosphere that will encourage dialogue.
WHAT YOU MAY DISCUSS WITH EMPLOYEES
As employees exercise their rights under the Higher Education Employer-Employee Relations Act (HEERA), you should follow these general rules: you may speak freely, but factually, and may not threaten, discriminate, make promises, practice surveillance, visit homes of employees for the purpose of urging them to vote against a union, interrogate employees about union activities or sentiments, or ask employees how they will vote.
Things you may do as a member of management:
- You May inform employees about what exclusive representation will mean, so long as you state the facts, including:
- The union will have the right to act for
all employees in the bargaining unit whether or not employees voted
for the union.
- Employees may be required to pay regular
fees to the union even if they do not belong to or support the union. These
fees are called "agency fees."
- Wage increases
and other terms and conditions of employment will be subject to bargaining
with the union.
- You May respond to any false or misleading statements that are made by the union to correct the record or to make sure employees are aware of the facts.
- You May advise employees that they may speak to union organizers at work on non-work time, or they may choose not to speak to union organizers.
- You May distribute University literature and talk to employees in areas where employees are accustomed to being.
- You May continue to operate normally during this period. However, now that a petition for representation has been filed, you may not make changes to working conditions for your employees during the period leading up to an election. This is called "maintaining the status quo."
- You May advise employees that their involvement in union organizing activity or campaigning will not subject them to retaliation. At the same time, you may inform employees of the access rules and that they may speak with union organizers during their non-work time in non-work areas.
If you have specific questions regarding the above, please contact the Labor Relations Office at 459-2017.