Frequently Asked Questions About Union Representation

As you may know, the University Professional and Technical Employees (UPTE) (affiliated with the Communication Workers of America), is seeking to represent a group of approximately 13,000 UC employees that currently are not unionized. This diverse employee group includes positions such as Student Affairs Officers, Senior Analysts, Administrative Specialists, Program Representatives, Programmer Analysts, Senior Editors, Buyers, Accountants, and Statisticians (see attached list for all positions). If you are in one of these positions, and if UPTE is successful in its election, you would become among those employees who would be included in the bargaining unit and represented by UPTE.

Therefore, it is critical that you educate yourself about this election process, what it means to be represented by a union, and — most importantly — that you VOTE in the election.

Below are some common questions that employees have asked in previous elections concerning the election process and its implications. If you have additional questions, see your manager or supervisor or call the Labor Relations Office at 459-2017. You may also call the UCOP Office of Labor Relations at (510) 987-9900.

  1. How will I know if I'm in this group of employees?
    2.
  1. The job titles involved in this election are detailed in the attached list. This is an initial listing — other job titles may be added as we move through this process. If your job title is included in this list and you are not a manager or supervisor or confidential employee, then this election applies to you.
  1. Why is UPTE trying to unionize this group of employees at this time?
    2.
  1. UPTE is seeking to represent this group of employees because, like all unions, it believes it can improve employees' wages, benefits, working conditions and employee rights. UPTE also wants to increase its membership because it believes that, among other things, this will make the union stronger and more influential. For a full explanation of UPTE's reasons and motivations, visit the union's web site at www.upte.org.
  1. Does UC have an opinion about whether or not employees should be unionized?
    2.
  1. UC neither supports nor discourages unionization. UC supports employees' rights to determine whether or not they think unionization is beneficial. This is one of the reasons it is so important that employees facing possible unionization educate themselves about what it means to be exclusively represented by a union — and to vote.
  1. I keep hearing the term "exclusive representation." What does this mean?
    2.
  1. If a union wins an election for exclusive representation, it means that the union has the exclusive right and responsibility to represent all employees in the bargaining unit, in this case, all Administrative Professionals throughout the UC system. The union will then be the designated authority to negotiate with UC management on the amount of wages, benefits and working conditions that employees will receive.
  1. What's the difference between being a union "member" and just being "represented?"
    2.
  1. The basic differences have to do with the amount of money you pay to the union each month and whether or not you have a voice in union decisions, like accepting/rejecting contract proposals. Union members pay dues to the union each month and vote in union decisions (elect union officials, vote on wage proposals and other contract terms, etc.). Employees who are represented by a union but are not dues-paying members pay a monthly fee to the union for representing them (called "agency fees") and, generally, cannot participate in union decisions.
  1. Would I still have to pay a monthly fee to the union even if I vote against unionization?
    2.
  1. Yes. Once a union is elected, all employees represented by that union pay either dues or agency fees.
  1. How is the amount of union dues established?
    2.
  1. The union determines the amount of dues and fees. At this time, UPTE has the same fee schedule for union dues and agency fees. UPTE's current dues and agency fees are 1.15% of retirement gross income, topping out at $25.00 per month for employees who make less than $30,000 per year and $35.00 per month for employees who make more than $30,000 per year.
  1. What do unions do with the money they collect each month?
    2.
  1. Like any organization, unions have to support themselves. The money they collect in dues and fees goes to administrative, advertising, travel and other expenses, and salaries for their officials. Some unions also hire lobbyists and consultants. In 2002, unions representing UC employees collected approximately $17 million in dues and agency fees. You may contact an individual union for an accounting of its expenditures.
  1. If UC employees vote in favor of unionization, how would my employment relationship with the University change?
    2.
  1. If UPTE is elected, your relationship with your manager/supervisor and the University changes I several significant ways, including the following:

Currently, you have the right to deal directly with your manager/supervisor and the University regarding your employment on matters like wages, benefits and working conditions. If elected, the union becomes your official representative and speaks for you by negotiating with UC about these matters through the collective bargaining process.

Currently, annual pay increases for non-unionized employees are typically given in October. Increases for represented employees are dependent on how long it takes for the union and the University to reach a contract agreement through collective bargaining. Negotiations can span more than one year and increases may or may not be implemented until negotiations have concluded.
  1. On average, how long do negotiations typically take, and does it matter if it's the first contract being negotiated?
    2.
  1. The collective bargaining process is a two-way, give-and-take dynamic and no one side completely controls the process or its outcome. Since contract agreement takes cooperation, compromise and commitment on both sides, there is no way to predict how long a contract negotiation will take. Some labor agreements have been negotiated very quickly — a few months or less — while other have taken much longer. Many factors influence how long contract negotiations take, including the nature of the existing relationship between UC and the union (cordial, respectful, professional, etc.) and the people involved on both sides.

In UC's experience, it takes longer to negotiate initial contracts than to renew an agreement. For example, in the case of negotiating the initial labor agreement with UPTE for Technical employees, it took about two years to reach agreement.
  1. Are there a minimum number of employees that must vote in order to decide the election?
    2.
  1. No. A simple majority of voting employees will decide the outcome of the election. For example, if there are 13,000 employees eligible to vote, and only 100 vote, then 51 employees will decide whether all 13,000 employees will be represented. This is why each employee's vote is so critical.
  1. If a majority of voting employees elects UPTE as the bargaining representative, will I have to become a member of that union and pay dues?
    2.
  1. Membership in the union is up to you. HEERA (the Higher Education Employer-Employee Relations Act) does not allow compulsory union membership. Employees who are members of the union pay union dues, while employees who choose not to become members pay "agency fees." The dues and fees vary union by union.
  1. What happens to my pay while negotiations are going on?
    2.
  1. During negotiations, the University will be required to maintain the status quo for all conditions of employment for the bargaining unit, including pay. You will continue to receive the same pay rate that you had when bargaining began; there can be no increases until bargaining concludes.
  1. How will the election actually take place, and what will be my choices on the ballot?
    2.
  1. The Public Employment Relations Board (PERB) will mail you a ballot and you will then have a certain amount of time (usually a month) to complete and return the ballot. At the end of that period, PERB will count the votes. You will have two ballot choices:
    1. "No Representation" — this means you DO NOT WANT unionization
    2. "UPTE-CWA" — this means YOU DO WANT unionization and representation by UPTE

Whichever option receives the majority of the votes cast, wins.

  1. Is membership in the union required to vote in the election?
    2.
  1. No. If your position is included in the bargaining unit, you may — and should — vote.
  1. If I signed an authorization card, does that mean I am automatically a union member or obligated to vote for the union in the election?
    2.
  1. Your signature on the authorization card supported only an election taking place. Your signature did not automatically make you a member of the union, nor does it obligate you to vote a particular way in the election.
  1. Assuming UPTE is chosen to represent this group of employees, what happens if the union and the University cannot agree on wages, hours, and other terms and conditions of employment?
    2.
  1. Ultimately, if the parties cannot reach a final agreement, they would be at impasse. HEERA provides for mediation and fact-finding to help resolve impasses in negotiations.
  1. Will all members of the bargaining unit have an opportunity to express their views on what the union should negotiate and will they have an opportunity to ratify what is, in fact, negotiated?
    2.
  1. Each union has its own rules about whether all employees or only union members (i.e., dues payers) can express their views on contract matters. UPTE currently only allows dues-paying members to vote on the union's bargaining objectives and to ratify or reject contracts.
  1. What rights do I have to express my opinion about union representation?
    2.

A. Union members/supporters and those who do not wish to be represented have the same rights in expressing their views. You can freely discuss your opinions and experiences with fellow employees. The most effective way to express your preference is to vote in the representation election. Whether you are for or against the union, every employee in the bargaining unit will be required to accept the representation rights the union will gain, if elected, and will work under the terms of the negotiated labor agreement. Your best opportunity to secure the outcome you want is to vote and encourage like-minded employees to do the same.