September 2005

Part-Time Faculty Unionization Update

The National Labor Relations Board (NLRB) concluded and certified the election to determine whether or not the University’s part-time faculty favors becoming members of the Local 500 of the Service Employees International Union (Service Employees) this past June. By a slim 10-vote margin — 341 to 331 — part-time faculty who cast ballots in the election voted to be represented by the Service Employees in their dealings with the University. Approximately 1,200 part-time faculty were eligible to vote in the mail ballot election held in October 2004.

The University believes the NLRB’s certification of the election results is flawed because all part-time faculty members were not provided a full and fair opportunity to cast ballots in the election. During the election two votes were cast by individuals who were not employees of the University: they were not paid by GW, did not receive W2 tax forms, and were not listed in the University’s database as employees. These individuals were employed by a third-party firm, independent of GW, which supplied their teaching services to the University, and were not on the list of part-time faculty eligible to cast ballots.

Despite that fact, the two individuals obtained ballots from the NLRB and cast those ballots. Because the NLRB subsequently concluded that these individuals were eligible to vote, GW believes that other individuals whose teaching services were obtained in a similar way should have an equal opportunity to cast their ballots in an election to determine whether they will be represented by the Service Employees.

“Because the number of such individuals in this category is greater than the slim 10-vote difference in the union’s favor, the votes of these individuals would be determinative of the election results,” stated Executive Vice President Donald Lehman in a June 29 memo to part-time faculty. The University, therefore, has determined that it cannot recognize the Service Employees as the certified representative of the part-time faculty. The University believes that all eligible part-time faculty, as the NLRB has interpreted eligibility, should now be allowed to cast ballots.

Lehman stated, “This decision was not reached lightly. But, this is too important of a matter to the part-time faculty — indeed, to the entire University community — to have it decided without extending to all eligible part-time faculty the opportunity to have their voices heard.”

The NLRB regional director issued a Complaint and Notice of Hearing July 29 in response to an unfair labor practices charge from the Service Employees stemming from the University’s decision not to begin collective bargaining with the union. The NLRB’s issuance of a Complaint is the procedural mechanism for formal consideration of the University’s position. The University has filed an Answer to the Complaint. Other actions consistent with the NLRB’s administrative process will take place throughout the fall. The University continues to work cooperatively with unions representing other employees on campus.

For more information and future updates, visit www.unionization.gwu.edu.

Send feedback to: bygeorge@gwu.edu