See the New York University Web site:
Adjunct Faculty Unionization Issues at New York University
For more information on the mechanics of organizing and the rights of employees and the responsibilities of employers visit the National Labor Relations Board (NLRB) web site.
For the "Basic Guide to the National Labor Relations Act" pamphlet, use this link: http://www.nlrb.gov/publications/basicguide.html
As a manager/supervisor, you likely have questions about your role in the union organizing drive. The following are answers to questions many managers/supervisors have about their role in the unionization process.
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I have very strong personal opinions, whether positive or negative, about unions? May I share them?
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| Yes, you may discuss and explain your personal position on unions. |
| How can I obtain factual information that I need to respond to questions regarding salary, benefits and other conditions of employment? |
| If you need guidance on any question or fact you should contact the Office of the Vice President and General Counsel. It would not be advisable for you to state a fact unless you are sure that it is correct. Similarly, you should answer all questions from faculty members/graduate students correctly and if you do not know the answer, you should tell the faculty members/graduate students that you will find out. You may also email those questions to LRNSU@newschool.edu. |
| The faculty members/graduate students want to use a room to hold informational meetings? Is this allowed? |
| All requests for use of university space should be handled in accordance with the university's "Procedures Regarding Requests for Use of University Facilities." |
| I've seen faculty members/graduate students wearing union buttons. May I require them to remove all union buttons while performing their duties? |
| No. Our faculty members/graduate students have worn buttons expressing their personal views on a variety of subjects. Their right to do so does not change if the button is related to unionization. |
| May I attend an informational meeting sponsored by the union? |
| No. You may not attend an informational union meeting or otherwise engage in conduct which might be interpreted as an attempt to gather information on the unions' organizing efforts, i.e., spying on union activity. |
| I am a Department Chair or Program Director or Coordinator or other manager/supervisor and a full-time or part-time faculty member. May I vote in a union election if one takes place? |
| No. This is not up to The New School, the UAW, the AFT or any other union. If you have managerial and/or supervisory responsibility, the law, as administered by the National Labor Relations Board, will not permit you to vote in a union election because you are a manager/supervisor. |
| Does that mean that because I am a manager/supervisor, I may not express my opinion regarding a union? |
No. You may express your opinion but should make it clear that you are not speaking for the university but are voicing your own personal opinion. You also should express that information from the university can be found on this website and in other material that the university has put out. It is important, however, to keep in mind that regardless of your opinion, all managers/supervisors must follow the rules that the law proscribes. Therefore, regardless of your opinion, you may not:
- Make statements that could be interpreted as threats to damage the employment or compensation of faculty members/graduate students.
- Interrogate any faculty members/graduate students in a coercive manner or poll faculty members/graduate students as to their position on unionization, information regarding the unions and related issues.
- Make promises of modified or additional University compensation or benefits.
- Monitor or closely observe any individuals or groups while in union meetings or otherwise engage in conduct, which might be interpreted, as an attempt to gather information on the unions' organizing efforts.
Additionally, you should not:
- Require faculty members/graduate students singly or in small numbers to come to an area associated with management, such as your office or removed from faculty members'/graduate students' normal work places for the purpose of discussing the union situation. However, if faculty members/graduate students happen to be in such places and bring up the subject of unions, a supervisor may then discuss the union situation.
Ask anyone to report on union organizing efforts.
- Discipline anyone for his or her union participation. Discipline is appropriate as long it is unrelated to unionization and it is done with respect to performance, attendance or other university practices and policies.
- Say to any of the faculty members/graduate students that the university will never bargain with the union or never sign a contract. Similarly, you must not say that a strike is unavoidable or inevitable. However, there is nothing wrong with saying that unreasonable union demands often lead to strikes.
- Interfere with faculty members'/graduate students' orderly discussions of unions on their own time. However, faculty members/graduate students should not talk for or against the unions while they are supposed to be working.
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As managers/supervisors, university faculty members/graduate students may come to you with some of the following questions as they consider the possibility of unionization.
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| What are the formal procedures relating to a union organizing campaign? |
| A union submits to the National Labor Relations Board (NLRB) authorizations with a petition for representation. The petition represents a formal request for a secret ballot election. The union must show that at least 30% of an appropriate unit of employees want the union to represent them. The Regional Director of the NLRB then makes an administrative decision whether there is sufficient interest. The Regional Director's decision for an election is final. |
| What is an authorization? |
| An authorization is not simply a request by you for more information about the union. It is a declaration that you want the union to represent you. |
| If I sign an authorization, do I have to vote for the union? |
| No. If you sign an authorization, you can vote for the union in an election but you are not obligated to do so. In other words, whether or not you have signed a union authorization, you are free to vote any way you want in an election. |
| What happens to the authorizations? |
| Union authorizations can be used in two ways. If a union gets authorizations signed by 30% of an appropriate unit of employees, it can petition the National Labor Relations Board for an election. If a union gets authorizations signed by a majority of an appropriate unit of employees, it could ask the university to recognize it and bargain with it on behalf of the unit of employees without giving everyone the chance to vote. Under these circumstances, The New School, however, would not be obligated to recognize and bargain with the union but could ask the NLRB to hold an election. |
| Must each union get authorizations from 30% of the targeted unit and separately petition for an election, or can one union get 20%, the other 10% and both be on the ballot for purposes of the election? |
| As long as the unions are not seeking to act as the joint representative of the bargaining unit, the required 30% "showing of interest" cannot be obtained cumulatively. A union filing a petition with the NLRB must show that it is supported by 30% of the employees in the proposed bargaining unit. Once a union has filed a petition with the NLRB, other unions may intervene. An intervening union does not need to obtain a 30% showing of interest if it is seeking to represent the same unit as the petitioning union. An intervening union must obtain a 30% showing of interest only if it is seeking to represent a different unit. Additionally, if an intervening union has less than a 10% showing of interest and all other parties are willing to consent to an election, the intervenor cannot block a consent-election agreement and will appear on the ballot. However, if an intervenor has more than a 10% showing of interest and is unwilling to agree to a consent-election agreement, the matter must proceed to a NLRB hearing. |
| What happens after a petition for an election is submitted to the NLRB? |
| Generally, the Regional Director will assign a Board agent to investigate whether the National Labor Relations Act applies, whether the requisite 30% has been met, whether the unit of employees covered is appropriate and whether the parties will consent to an election. |
| Where there are two or more unions, what percentage does each union have to get to trigger a run off election? |
| In any election where none of the choices on the ballot receives a majority, a run-off is conducted with the new ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the original election. |
| What percentage of eligible voters must vote to make an election legitimate or is the election determined by majority of those that vote vs. those eligible to vote? |
| There is no set number of voters that make an election "legitimate." A majority of the votes actually cast determines the outcome of the election. So if there are 200 eligible voters, yet only 80 ballots were cast, 41 votes would be a majority and would determine the election. The NLRB holds that those who do not vote in a democratic election agree to the will of the majority of those who do vote. |
| How do we go about defining who is eligible to vote? |
| Eligible voters are members of the proposed bargaining unit. In the first instance, the composition of the bargaining unit is determined by the union which has petitioned for an election seeking to be named as the representative of a certain group of employees. The employer may then agree to the composition of the bargaining unit or seek to reach an agreement with the union about the composition of the unit. If the composition of the unit remains in dispute, the NLRB determines whether the unit is appropriate. |
| If there is an election, will anyone know how I vote in the election? |
| No. Neither the union nor The New School will ever know how you voted. Any election would be by secret ballot. |
| Can The New School challenge an election if the number of actual voters is too small (for example, if only 300 out of 2300 eligible voters cast votes)? |
| No. The fact that only a handful of eligible voters actually voted is not grounds for challenging an election. |
| If we vote against the union and later feel that we do want a union, can we have another election? |
| Yes. The law permits another election after 12 months. |
| How come the university has not said what it will do for us if we vote no against a union? |
| The law prohibits organizations from making any promises before an election concerning what it will do about wages, benefits, or terms and conditions of employment. |
| I received a visit from union representative at my home. Is that legal and do I have to let the union organizer into my home? |
| While it is legally permissible for union organizers to visit you at home, you are under no obligation to speak with them or let them into your home. |
| I received an e-mail/phone call from union representative at my work/home. Did the university provide the union with my contact information? |
| The university has not provided either the UAW or the AFT with the personal contact information for any faculty member, graduate students or employee, or anyone else. Nor can the university take any action to stop such communications. Please keep in mind that your university e-mail address and telephone number are on, and can be accessed from, the university website directory. |
| Union representatives have stopped me as I try to enter or leave the classroom. Can the university do anything to stop this behavior? |
| Although current employees may approach other employees during non-business hours and in non-classroom areas to discuss union representation, the university does not permit any person from interfering with educational activity in classrooms or otherwise engage in conduct that would interfere with free access to such classrooms. Accordingly, if you find that such behavior is disruptive, please contact the Dean of your school, or James Murtha, the Executive Vice President. |
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