A union is an organization that serves as an agent representing a specific group of employees in matters affecting their wages, hours, and other terms and conditions of employment. The specific employee group is known as a bargaining unit. A union negotiates a contract (also known as a collective bargaining agreement) on behalf of the bargaining unit to establish the terms and conditions of employment, including such things as wages, hours of work, benefits, and other working conditions. A union also represents its members when disputes arise over the terms of the contract.

The NLRB is a federal agency charged with administering provisions of the National Labor Relations Act (NLRA). The agency works with employees, employers, and labor organizations to ensure fair labor practices across the U.S. The NLRB is an independent agency, which means it neither promotes nor discourages unions, and is focused on workers’ rights provided under federal law.

The NLRA is the federal law governing labor relations, including union organizing, in the private sector. The law created the NLRB to enforce the provisions of the law. For more information, the NLRB published a helpful guide to the Act.

It is the union that is trying to organize Bates employees and filed the Petition for Representation with the National Labor Relations Board. This union mostly represents public sector employees, like state employees, municipal employees in some cities, and community college faculty. In the private sector – where we are – they only represent employees at a few organizations.

The process to form a union begins with a union’s filing of a petition with the NLRB requesting an election among employees in a specific collective bargaining unit. The union’s petition requires signatures from at least 30% of the employees in the proposed bargaining unit. The NLRB then schedules a hearing to determine whether or not the proposed bargaining unit is appropriate under the Act and to evaluate any other issues raised by the petition. Once the unit has been clarified, the Board will schedule a secret ballot election in which each eligible member of the bargaining unit can vote yes for a union or no to remain union-free. 

Union organizers did not get this information from the college. We treat all employee information with the utmost of privacy and would not release it unless we were bound to by law. Unions obtain individuals’ personal information from various sources including social media, internet searches, and information provided by colleagues. However, after the union files the petition, federal law compels employers to provide the SEIU and the NLRB a list of all eligible voters, including names, home addresses, work locations, and phone numbers.

No. You are free to speak with or decline to speak with union representatives who visit or call you at home. There is no law or college policy that requires you to speak with the union. Bates is committed to providing a work environment that is free from intimidation or coercion. Please contact Hope Burnell in Human Resources for additional support if you feel you have been harassed or intimidated in any way by anyone either for or against the union.

You have both the right to talk to anyone and the right to tell anyone who is trying to solicit you to go away. This is true regardless of whether the solicitation happens at home, via text or phone call, or at your home. As with any discussion in the workplace, it can not disrupt the work at hand.

Yes. You should feel free to discuss any aspect of the union campaign with your supervisors if you like or ask any questions that you may have. Employees may also reach out to Human Resources with questions.

Every employee has the right to support or not support the union and to express their point of view. Bates will not tolerate or engage in interference with these rights, and we will respect the outcome of the election, whichever way it goes. The college will not, however, remain silent during this critical period, as has been urged by some faculty and other members of the community. No one can make an informed choice if they hear only one side of a story. 

No. Authorization cards are only needed to petition the NLRB for an election. The Union has already filed petitions with the NLRB. If an election is conducted, it does not matter whether you signed an authorization card or not. You can vote however you like. The election will be a secret ballot, and you are not bound by anything you signed.

If you receive a ballot from the NLRB, you are a member of the bargaining unit and eligible to vote. You should vote to express your opinion about whether you wish to be represented by a third party labor union in matters of your employment at Bates.

The college’s policy on Solicitation and Distribution applies in this setting. (Section 120 in the Employee Handbook) Employees may solicit for or against the union anywhere on campus or in work areas provided it is on non-working time (such as meal or other breaks or before or after work) of the person doing the soliciting and the person being solicited and provided it does not disrupt the work of others or the operations of the college. While solicitation is restricted per the policy, there are no restrictions on general conversations about the union during working time provided work itself is not interrupted by such conversation. Distribution of written materials is not permitted in work areas at any time. 

In a message sent to employees on October 12, President Spencer outlined the approach the college would take as an educational institution and employer. The college has an obligation to support all of our employees in the process by making sure that they have complete and accurate information to inform their decision making. Additionally, many of our employees find the entire process confusing, distracting, and stressful. Employees across the college — those who would be in the union, if a union is voted in, and managers and others who would not be eligible — have expressed an interest in understanding the nuts and bolts of how union representation works so that they can think through the implications for themselves, their departments, and for the culture and community at the college as a whole. To help employees get the information they need, the college has provided written resources and voluntary information sessions to explain various aspects of unionization, collective bargaining, and the election process, and to answer questions that are being asked by employees.

No, not at all. We have made clear since the outset that Bates will protect the rights of all eligible employees to decide for themselves whether or not they wish to be exclusively represented by this union. We have also made clear that we have not and will not engage in or tolerate any interference with these rights.

Union organizing is governed by a highly technical set of requirements outlined in the National Labor Relations Act (NLRA) and overseen by the National Labor Relations Board (NLRB). The current process at Bates was triggered when the union filed a petition with the NLRB. The NLRA requires the college to fulfill specific legal obligations at different stages in the process, both in documents filed with the NLRB and in information we are required to provide to employees. In addition, the NLRA places a variety of legal restrictions on employers in terms of what can or cannot be said or done during the pre-election period. Given the highly-regulated nature of this process, and in order to safeguard against inadvertent unfair labor practices, it was incumbent upon the college to engage expert labor counsel to provide advice throughout this process. Indeed, the union itself has labor counsel representing it every step of the way. It would be both impractical and completely irresponsible for the college to proceed without representation by counsel who specialize in this area of law. Resources are needed to retain this expertise now during the union organizing and election process, and, if the union were to win an election and be certified by the NLRB, this would continue throughout the initial and subsequent rounds of collective bargaining.

Only the results of an election will demonstrate how many eligible employees want the union to be their exclusive bargaining representative. However, it is important to note that there are strong voices on both sides of the issue on campus. Some of our faculty and staff are publicly and vocally opposed to being represented by a union, and they have been communicating their concerns to the Bates community through their own efforts.

The NLRB has determined that the bargaining unit at Bates will include the following groups of employees: “all non-tenure and non-tenure track faculty and all staff.” Bates employees excluded from the unit will be “all tenured and tenure track faculty, confidential employees, managers, guards, and supervisors” as defined in the National Labor Relations Act.

Voting is not mandatory, but everyone will be bound by the outcome, so the college strongly encourages every eligible employee to vote. This decision is too important to let others decide for you.

No. Under the National Labor Relations Act, supervisors are considered part of management and have no rights to unionize.

The election is a secret ballot election, so no one will know how you voted.

The election will be conducted by mail. The NLRB will mail ballots to the home addresses of all eligible voters at 4:30 p.m. on Thursday, January 6, 2022. Those employees who believe that they are eligible to vote and do not receive a ballot in the mail by Thursday, January 13, 2022, should communicate immediately with the National Labor Relations Board by either calling the Region 01 Office at (617) 565-6700 or their national toll-free line at 1-844-762-NLRB (1-844-762-6572).

To count in this election, voters must return their mail ballots to the NLRB so that they are received in Boston by the close of business on Friday, January 28, 2022. Ballots will be counted virtually by a designated agent of the NLRB at 1:00 p.m. on Monday, January 31, 2022.

ion.

The election is decided by a majority of those who vote, which means everyone who can vote, should do so. For example, if 500 employees are eligible to vote and only 100 do so, and 51 of them vote for the union, then the union would win, even though only 51 out of 500 voted for it. This would mean that all 500 colleagues would be represented by the union and subject to the resulting contract, regardless of whether or how they voted. The process is similar to a political election, where results are binding regardless of turnout, which is why every eligible employee should cast a vote.

No. The election is conducted by the NLRB by secret ballot. No one will know how you voted unless you share that information yourself.

Yes, but not for one year after the election. After one year, the union could file a new petition, restarting the election process.

No. If the union wins, it becomes the exclusive and ongoing representative of all employees in the bargaining unit and does not stand for “re-election.” ​​This is one reason why the election will be so important for Bates employees.

A process does exist for decertifying a union under the National Labor Relations Act, but it must be carried out entirely by employees without any assistance from the college, and it cannot take place for one year. If a union contract is negotiated before the year is up, then there can be no decertification election until the contract expires (or during a very narrow time period just prior to the expiration of the contract.) Decertification is very rare, which is why it is so important for eligible employees to make an informed choice and vote in the election.

No. No one is required to vote, but not voting may work against your position, as a simple majority of those voting will decide the outcome. If the union wins the vote, they will be the exclusive representative of anyone in the bargaining unit whether the person voted for or against the union.

The election will be conducted by mail. The NLRB will mail ballots to the home addresses of all eligible voters at 4:30 p.m. on Thursday, January 6, 2022. Those employees who believe that they are eligible to vote and do not receive a ballot in the mail by Thursday, January 13, 2022, should communicate immediately with the National Labor Relations Board by either calling the Region 01 Office at (617) 565-6700 or their national toll-free line at 1-844-762-NLRB (1-844-762-6572).

To count in this election, voters must return their mail ballots to the NLRB so that they are received in Boston by the close of business on Friday, January 28, 2022. Ballots will be counted virtually by a designated agent of the NLRB at 1:00 p.m. on Monday, January 31, 2022.

Unionization covers many areas, but these are the main elements to carefully consider.

• If the SEIU wins the election and the NLRB certifies it, the union will become the exclusive representative for all Bates employees in the voting unit (also known as the bargaining unit). 
• If a majority of those who vote elect the union, the SEIU will represent you—whether you voted for it or not—on all matters pertaining to your salary, hours, benefits, and other terms and conditions of employment.
• If the union wins, it will enter into negotiations with Bates to formalize an agreement that covers your compensation, hours, and other conditions of employment, such as procedures for discipline and grievances, evaluation procedures and workload. This process is called “collective bargaining” and the resulting contract is a “collective bargaining agreement.”
• If the union wins, unless otherwise sanctioned by the collective bargaining agreement, you will be barred from independently negotiating with the college about any topic that is subject to collective bargaining, e.g., compensation, hours, and other conditions of employment, such as procedures for discipline and grievances, evaluation procedures and workload. For example, the college would not be allowed to sit down with you to negotiate over a raise.
• Federal law does not require the union or Bates to agree to any particular proposal or make any particular concession. The parties must negotiate in good faith, which means simply that both sides will meet at reasonable times and places with the intent to reach an agreement.
• Both sides are free to propose changes to existing compensation and working conditions in bargaining. 
• The law does not set any deadline to complete collective bargaining. A first contract can typically take a year or more to negotiate. First contracts are more difficult because all provisions are new. During that time, no changes to compensation, hours, or working conditions can be made by the college.

This depends on whether it is an open or union shop. In either case, the establishment of a union changes the process from one where you negotiate the terms of your employment individually with your manager to a process where an outside party represents your interests as part of a group. Union membership guarantees nothing beyond how this process operates.

You would still be Bates employees, but the college would be required by law to deal with the union as your exclusive representative regarding your current and future terms of employment.

This depends on whether it is an open shop (you are not required to join) or a union shop (you must join). In either case, the union will become the sole representative of the employees categorized as members of the bargaining unit, whether or not you voted for the union and whether or not you choose to join.

These terms describe how unions operate within an employment setting. An “open shop” is an employer where a union represents a given bargaining unit of employees, but union membership itself is not required among eligible employees. By contrast, a “union shop” requires that all bargaining unit employees become union members as a condition of employment.

This is decided as a matter of law or collective bargaining. For example, most union shops in the public sector are prohibited by law, so a union at a public university in Maine is required to be an open shop. By contrast, most union contracts in the private sector have union shops or some variation on them. The Maine SEIU has negotiated union shops in the private sector in Maine before.

No. Maine does not have a “right to work” statute. “Right to work” laws prohibit requirements that employees pay union dues or fees as a condition of employment.

Also, while public employees are not required to join unions because of a U.S. Supreme Court decision a few years ago, we are in the private sector under the NLRA, where union shops are permitted. Most of the bargaining units that this union represents are in the public sector. They only have a few bargaining units in the private sector. See their web site information at https://www.mseaseiu.org/our-contracts/

Maybe. It will depend on whether or not there is a union shop provision in the collective bargaining agreement. During contract negotiations, the SEIU can propose a “union shop clause.” If included in the contract, you and all other members of the bargaining unit would be obligated to join the union and pay dues as a condition of employment.

It is our understanding that the union charges 1.5% of your compensation as dues. Thus, an employee making $50,000 a year would be charged $750 every year if they were a member. The union decides for its members what the dues are, and unions are free to increase their own dues whenever they wish. Union dues are typically deducted from the employee’s pay upon employee authorization. (In a union shop, even if an employee does not want to have dues deducted, they still must pay the dues directly.)

Maybe. According to the constitution and bylaws of the Maine Service Employees Association, SEIU Local 1989, “Dues for employees in a newly organized bargaining unit shall be set at the amount equal to retiree dues until the unit ratifies its first contract.” (See Sec. 2.12 for more information) This provision only applies to active members of the union. No one is forced to join the union right after a union victory. 

However, in that first contract, there may be a union shop provision resulting from contract negotiations. If there is such a provision, all employees would have to pay dues or service fees to the union as a condition of employment.

Typically, union dues are collected from an employee’s wages but only if authorized by the employee in writing. If the employee does not want dues deducted in such a manner, they would have to pay the union directly if a union shop provision is in the collective bargaining agreement.

No. For tax years 2018 through 2025, union dues – and all employee expenses – are not deductible, even if the employee can itemize deductions.

Yes. Quite simply, in a typical union shop provision, the union can have you fired if you do not formally join or at least pay dues to the union. But, again, these are matters of negotiations.

Below is an example of a private-sector union shop that the Maine SEIU has negotiated at the American Red Cross Blood Services in Bangor, Maine. (Bold type added to highlight key provisions.) In this example, you can see the language of the employer being required to discharge the employee if the union demands such a discharge for failing to maintain membership in good standing.

*************************************************************************

AGREEMENT
 

MAINE STATE EMPLOYEES ASSOCIATION SEIU, LOCAL 1989 

AND 

AMERICAN RED CROSS BLOOD SERVICES — NORTHERN NEW ENGLAND REGION (BANGOR LOCATION)

1 – Union Recognition and Union Security

Section 1 – Recognition: Pursuant to the Certification of the National Labor Relations Board of March 12, 2007, Case #1-RC-22081, the Employer recognizes the Union as the sole and exclusive representative for the purposes of collective bargaining of all full-time and regular part-time MUA I, MUA II, Collection Technician II, Collection Technician III, Collection Specialist I, Collection Specialist II, and Distribution Technicians who are employed at the Employer’s facility in Bangor, Maine.

Section 2 – Union Security: All present employees who are members of the Union on the effective date of this Agreement shall remain members of the Union in good standing as a condition of employment.

All present employees who are not members of the Union, and all employees hired hereafter, shall become and remain Union members in good standing of the Union as a condition of employment on and after the thirtieth (30th) day following the beginning of their employment, or on and after the thirtieth (30th) day following the date of execution of this Agreement. An employee shall be considered a member of the Union in good standing if s/he tenders the periodic dues, which are required uniformly as a condition of membership or agency fee, pursuant to applicable law.

An employee who has failed to maintain membership in good standing as required by this Article, shall, within thirty (30) calendar days following receipt of a written demand from the Union requesting his/her discharge, be discharged, if during such period the required dues or agency fee has not been tendered.

If the union wins an election and becomes legally certified by the NLRB, it becomes the exclusive agent of all employees in that bargaining unit. The next step would be to negotiate a collective bargaining agreement with the college. Each side would pick their own team to negotiate. The parties are required to meet at reasonable times and places to reach an agreement. They are required to negotiate over wages, hours, and other terms and conditions of employment. They are not required to agree to any particular proposal, however, or make any particular concession.

No. The union can promise anything in exchange for your vote, but the SEIU cannot guarantee any of those promises. The law does not require either party to agree to a particular proposal or make any particular concession. Both sides are free to propose changes to existing compensation and working conditions in bargaining. 

No. If employees choose the union in the election, the SEIU and Bates would engage in a good-faith effort to negotiate a contract. However, neither party is required to agree to any particular proposal. Thus, while a union will propose wage increases, they are not guaranteed. Indeed, most recently, many union contracts negotiated during the pandemic – including SEIU contracts – had zero increases in pay.

They may or may not. The hours and location of work are generally bargainable issues so the option of working remotely or not would at least be a topic of collective bargaining. If the union wins the election, the college generally would be prohibited from negotiating separate work arrangements with employees. However, that depends on the outcome of negotiations and what the parties agree to.

If we are talking about issues beyond wages, hours and working conditions, it is not likely that a union will change many things about Bates. If the union is elected, federal law requires that the union and Bates bargain only in the following areas: “wages, hours, and other terms and conditions of employment.” Many areas of interest to you might not be topics that would be subject to negotiation in the collective bargaining process. Examples of subjects where there is no obligation to negotiate may include:

• The Bates curriculum and what courses are offered to students;
• Most matters of faculty governance, including committee structures, voting rights, and other college-wide governance issues;
• Staff involvement in the development of college policies and participation on committees;
• The organizational structure of Bates and what programs are offered; and
• The selection of chairs, supervisors, and other administrators.

Yes. In collective bargaining, there is no requirement that either party starts from the status quo. Wages and benefits could go up, stay the same, or go down. Likewise working conditions could change.

Unless such exceptions are included in the labor contract and agreed to by the union, they are not permitted. For example, if the contract is explicit on the matter of work hours for a position, an individual employee would be prohibited from making personal arrangements with their supervisor, unless the contract provided that flexibility.

Not likely. Unless the contract grants such flexibility or unless the union otherwise agrees, the contract would govern all elements of an eligible worker’s employment with the college for the duration of that collective bargaining agreement.

If the union wins and becomes legally certified by the NLRB, the NLRA requires that both the union and the college negotiate in good faith to reach an agreement. A first contract can typically take a year or more to negotiate. First contracts are more difficult because all provisions are new. During the negotiation period, Bates cannot unilaterally change any compensation or working conditions. Usually, this means that all salary rates and other compensation (e.g. annual wage increases) cannot change until a contract is completed.

It will be up to the SEIU to decide who serves in union leadership, who joins the negotiating team, and how it collects feedback from members.

The NLRA requires good faith negotiations by both parties, but does not require that either side agree to any particular concession or proposal. If the union and college cannot reach agreement, a mediator may assist. However, no third party will resolve disputes or decide provisions of a contract. If no agreement is reached at the negotiating table, the union can call a strike to apply pressure on the college.

Visiting faculty (i.e., those who are not in tenure track positions) serve an important function at the college. They replace tenured faculty who are taking sabbaticals, tenure-track faculty on pre-tenure leaves, faculty who are out for medical reasons, and faculty who are retiring. 

Many visiting faculty come to Bates following a focused search, and each of these individuals has their own reasons for accepting their specific contract. Some want to teach occasionally and have other primary occupations. Others want to work part-time to varying degrees. Some are gaining teaching experience they can use when applying for full-time openings at Bates or other institutions. 

Bates has a long and successful record helping colleagues find permanent positions at other institutions. When tenure-track positions come available at Bates, a visiting faculty member may apply for any position for which they are qualified as part of a competitive pool.

Typically, academic unit chairs, working with the Academic Affairs Council, identify the courses required for subsequent semesters for visiting faculty. Once courses have been allocated, chairs attempt to provide teaching opportunities for visiting faculty that meet curricular needs and are of interest to and foster career growth for visiting faculty. These decisions consider a variety of factors, including previous teaching experience, the faculty member’s expertise, and qualifications. We do not know how a union contract could alter course assignments. Unions have been known to make recommendations that preference be tied to length of employment. Many unions feel the obligation to first and foremost represent the interests of the more senior visiting faculty. Thus, a union may propose in bargaining that temporary positions or course assignments always go to the most senior visiting faculty. This may or may not be in your individual interest.

Today, visiting faculty members have the same voting rights and responsibilities as tenured and tenure track faculty in all faculty meetings. Most academic units have visiting faculty actively engaged in the affairs of the academic unit. Most matters of faculty governance, such as voting rights at department meetings and participation in college-wide committees are not part of union contracts and are not mandatory subjects of bargaining. The degree to which visiting faculty members would be allowed to participate in or have votes in governance bodies involving such issues as curriculum and course offerings would not likely be items covered in collective bargaining.

We cannot say for sure. Union contracts address issues of wages, benefits, hours, and working conditions. Any right on the part of the college to make a counteroffer to that faculty member would depend on the language of the agreement and whether the contract allowed for the college to make a unilateral increase in pay to a faculty member. Some faculty union contracts allow for such offers; other contracts do not.

Visiting faculty, lecturers, and senior lecturers who become members of the union will be primarily governed by the negotiated union contract, not the Faculty Handbook, in terms of their compensation, hours, and working conditions. Many sections of the Faculty Handbook would likely need to be revised were a union formed. 

Faculty in the bargaining unit who withhold their services and engage in a strike would not be paid while on strike and, in a lengthy strike especially, would be subject to replacement so that the courses can continue to be taught.

Tenured and tenure-track faculty are considered management. As such, these individuals, along with our academic administrators, would be expected to make arrangements to cover the teaching responsibilities for all Bates courses taught by striking faculty, possibly even stepping in to cover courses themselves. We have an obligation to provide our students with the courses for which they have registered and paid and which they need to complete their degree.

This issue was decided by the U.S. Supreme Court in 1980 in National Labor Relations Board v. Yeshiva University [444 US 672] for faculties in private higher education. While quite complex, some of the basic reasoning was that faculty members determine the curriculum, grading system, academic calendars and course schedules. In addition, the overwhelming majority of faculty make recommendations regarding how faculty hiring, tenure, sabbaticals, terminations and promotions are implemented. Therefore, tenured and tenure-track faculty collectively fall under the definition of management.

As members of management, academic unit chairs would be required to follow the grievance procedures that are negotiated in the union contract with those faculty who are included in the bargaining unit.

Grievance procedures would be negotiated in the union contract. Such procedures take many forms in union contracts, and we can’t say for sure what such a process would look like in a collective bargaining agreement here. The union would normally be the party to file a grievance against the college and pursue it through various steps of the grievance procedure.

There are many important questions to ask about how the SEIU will represent you at Bates. Only the union can answer these questions for you. Here are some questions you might wish to consider before voting, so that you can make an informed choice.

How much money will this cost me?

• How much are union dues?
• Will my dues remain flat or can they increase?
• Is there an initiation fee to join?
• Does every member of the union at Bates pay the same amount?
• If the SEIU wins at Bates, will I be required to join the union and pay dues?
• If I don’t want to join or pay dues, or am unable to pay dues for reasons of financial hardship, what will the union do?

Where does my money go?

• What percentage of my dues support local union efforts at Bates?
• What percentage of my dues support union operations in places other than Bates?
• Will any portion of my dues be used to support political campaigns, candidates, lobbying, or other organizations?
• If so, what campaigns, which candidates, and what efforts?
• Who decides how my dues are spent?

Who is representing me?

• Who will be negotiating the contract with Bates?
• How will the union select the negotiating team?
• How will union representatives and officers be chosen at Bates?
• Who decides our collective platform and issues during the negotiations?
• How will my voice be heard? Is it a majority rule? What about members in the minority?
• Do we all vote to approve or reject a contract, and how is the outcome determined?

The college’s goal is to support you in making an informed decision about whether or not you wish to be represented by a union. Please feel free to ask questions below. If certain questions are of general interest, or for questions posed anonymously, we will address them in the FAQ. If it seems more appropriate to respond individually to certain questions, we will do so.