Unionization In
The Classroom: GW's Response To Organizing Part-Time Faculty |
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LETTER
TO ACADEMIC DEANS
March 17, 2004
TO: Deans
FROM: Donald R. Lehman, Executive Vice President for Academic
Affairs
RE: Recent Union Organizing Efforts at the University
As
we discussed during the Council of Deans meeting on March 10, 2004,
the Service Employees International Union, Local 500 (the Service
Employees) has filed a petition with the National Labor Relations
Board (NLRB) seeking to represent most part-time and
regular part-time faculty at the University**.
The
Service Employees claim that they have gathered enough signatures
from part-time faculty to demand that an election be held among
those part-time faculty in the appropriate bargaining unit to decide
whether the part-time faculty wish to have the Service Employees
be their exclusive representative for purposes of collective bargaining.
If they are successful, a resulting collective bargaining agreement
could exclusively govern, among other things, all of the part-time
faculty members pay, benefits, course schedules, workloads,
appointment and reappointment procedures, and hours of work.
This
possibility raises serious issues about the nature of our relationship
to the part-time faculty. It may also have significant implications
for classroom instruction and the Universitys academic strategic
plan. Further, it is unclear whether those individuals who were
approached to sign union authorization cards have received balanced,
fair, and correct information about the requirements of union membership
and how these requirements may affect the working and educational
relationships of its members.
While
GWs academic leadership has serious concerns relative to the
unionization of part-time faculty, and along with it forced collective
bargaining over matters traditionally involving issues of academic
freedom, we support and encourage a healthy and vigorous discussion.
And, there will be opportunities prior to any election for us to
engage in this discussion. At this time, however, I wish to provide
some important guidelines on the parameters for such a discussion,
and I encourage you to share them with department chairs.
Legal
Framework
A federal law known as the National Labor Relations Act (the Act)
provides the legal framework within which the University and any
potential labor organization must proceed. The National Labor Relations
Board (NLRB) is the agency charged with administering
the Act, by setting forth the rules over how we can communicate
with our part-time faculty concerning the Service Employees
organizing drive.
Section 8(c)
of the Act states:
The expressing
of any views, argument or opinion or the dissemination thereof,
whether in written, printed, graphic or visual form, shall not
constitute or be evidence of an unfair labor practice under any
provision of this [Act], if such expression contains no threat
of reprisal or force or promise of benefit.
This
provision protects discussions and expressions of opinion as long
as there is no threat of reprisal, force, or promise of benefits.
This right of expression includes the right to state opinions as
to whether a union contract with part-time faculty would serve our
best academic interests.
How
We Can Communicate
University management, faculty, and administrators are free to express
their opinions and engage in discussions about the issues raised,
provided a few simple guidelines are followed.
1.
No individual can threaten a part-time faculty member because of
his or her union activities or sympathies. For example, we cannot
threaten to give a person a poor reference or refuse to re-appoint
someone as a part-time faculty member because of his or her union
involvement. We also cannot threaten adverse consequences such as
increased work, fewer opportunities, or increased costs associated
with part-time faculty.
On
the other hand, we can inform part-time faculty that unionization
could lead to changes in the reliance of faculty on them. We can
tell them that the negotiation of a union contract may result in
restrictions on the way faculty work with part-time faculty. We
can also explain that department and individual decisions on a wide
range of issues could be limited by inflexible, across the
board union contract rules. Of utmost importance at this early
stage, we need to inform them that they are not obligated to vote
for the union at any election merely because they have previously
signed union petitions or authorization cards, nor must they talk
to a union organizer.
Further,
we can explain to part-time faculty that academic departments may
be bound by union negotiated pay rates, raises, benefits, and course
schedules rather than proactively addressing these issues individually
and in a timely fashion.
In
addition, a union contract may require significant up-front
initiation fees and dues, which are often deducted directly from
their paychecks as a condition of continued employment. We can remind
them that the union, in the event that an individual member refused
to participate in a strike or any other form of work stoppage, could
fine that individual, enforce those fines in court, or demand that
the University terminate his or her appointment.
2.
We cannot interrogate part-time faculty about their union sympathies,
whether they signed a union authorization card, or how they plan
to vote in the event of an election. In addition, we cannot question
individuals about their prior union affiliations, internal union
affairs, or union meetings. We can, however, actively listen to
and relay this information if it is volunteered by an individual.
3.
We cannot make promises of favorable treatment as an inducement
not to support the union. For example, we cannot promise part-time
faculty pay increases, promotions, lighter workloads, or other special
favors on the condition that they refuse to join the union or vote
against it.
4.
Finally, we cannot engage in surveillance or create the impression
of surveillance of the union activities or sympathies of part-time
faculty. An example of this would be asking someone to attend a
union meeting and report on who was there and what was discussed.
As previously discussed, however, we can actively listen and relay
this information if it is volunteered by an individual.
In
summary, while we must avoid any communication that can be perceived
as threatening, interrogating, promising, or surveilling, we always
have the right to communicate the facts, our own personal opinions,
and any experiences we may have concerning unionization. As always,
the University remains committed to working with everyone to improve
our academic community. Just as importantly, we believe in listening
and addressing our communitys concerns. As part of our ongoing
efforts, we need your input. Please relay any issues or concerns
that you are aware of or know that part-time faculty may have, so
that we have an opportunity to respond.
As
an aid to you, I have attached several examples of comments that
University representatives are legally permitted to say in response
to union activity, as well as examples of communications that are
prohibited by federal labor law. In addition, I have included a
summary of how best to respond to various forms of union activity
that you may face on campus, at home or anywhere in between. You
may wish to review the Universitys website on this issue at
www.unionization.gwu.edu.
Again,
we believe that having a third party stand between part-time faculty
and the academic departments is not in the best interests of the
students whom we serve. If you or anyone you know have any questions,
please feel free to contact me.
**The University
was faced with a union organizing campaign over the course of the
last few years from a group affiliated with the United Auto Workers.
At that time, we understood that the campaign included graduate
teaching assistants (GTAs) as well as part-time faculty. As best
we understand now, the Service Employees have petitioned the NLRB
to represent only part-time faculty and not GTAs. Of course, that
does not mean that there are not ongoing efforts to organize GTAs,
and the information provided in this memorandum applies to any efforts
to organize GTAs as well.
ACTION
TO BE TAKEN IN RESPONSE TO UNION ACTIVITY
If This Happens |
Take This Action |
A UNION REPRESENTATIVE OR SOMEONE CLAIMING TO
REPRESENT A UNION APPROACHES YOU TO DISCUSS UNION REPRESENTATION
OF PART-TIME FACULTY |
1. ADVISE THE INDIVIDUAL THAT ALL MATTERS PERTAINING
TO UNION REPRESENTATION ARE HANDLED BY DON LEHMAN.
2. DO NOT ANSWER ANY QUESTIONS OR PROVIDE DATA OR
INFORMATION ABOUT PART-TIME FACULTY.
3. POLITELY, BUT FIRMLY, ASK HIM OR HER TO LEAVE.
4. IF THE INDIVIDUAL PERSISTS OR ATTEMPTS TO SPEAK
TO PART-TIME FACULTY, OR OTHERS, ADVISE HIM OR HER THAT HE
OR SHE IS TRESPASSING AND IT MAY BE NECESSARY TO CALL CAMPUS
SECURITY. IF YOU ARE FORCED INTO A POSITION OF TALKING TO
HIM OR HER:
(A) HAVE ANOTHER MEMBER OF THE UNIVERSITY ADMINISTRATION
WITH YOU AT ALL TIMES.
(B) NOTE HIS OR HER NAME AND UNION AFFILIATION.
(C) NOTE WHAT HE OR SHE HAS TO SAY BUT ADVISE HIM
OR HER AGAIN THAT ALL MATTERS PERTAINING TO UNION REPRESENTATION
ARE HANDLED BY DON LEHMAN.
(D) IF HE OR SHE STATES THAT HE OR SHE REPRESENTS
A MAJORITY OF THE PART-TIME FACULTY, OR OTHERS, MERELY ADVISE
HIM OR HER THAT YOU DOUBT THIS. DO NOT ELABORATE ON THIS
SUBJECT OR ENGAGE IN ANY CONVERSATION OR ANSWER ANY QUESTIONS.
5. IMMEDIATELY CONTACT DON LEHMAN.
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A UNION REPRESENTATIVE OR SOMEONE CLAIMING TO REPRESENT A
UNION ATTEMPTS TO HAND YOU UNION AUTHORIZATION CARDS OR A PETITION
SIGNED BY PART-TIME FACULTY |
1. UNDER NO CIRCUMSTANCES ARE UNION AUTHORIZATION
CARDS OR A UNION PETITION TO BE RECEIVED, INSPECTED, OR LOOKED
AT BY ANY MEMBER OF THE UNIVERSITY
(A) REFUSE TO TAKE THE MATERIALS.
(B) IF THE CARDS ARE DROPPED OR LEFT ON YOUR DESK
OR IN YOUR DEPARTMENT, HAVE ANOTHER MEMBER OF UNIVERSITY
ADMINISTRATION WITNESS THE IMMEDIATE FORWARDING OF THE CARDS
TO DON LEHMAN. (DO NOT EXAMINE THEM IN ANY MANNER.)
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A UNION REPRESENTATIVE OR SOMEONE CLAIMING TO REPRESENT A
UNION APPEARS OUTSIDE THE BUILDING IN WHICH YOUR OFFICE IS LOCATED
AND BEGINS TO DISTRIBUTE LITERATURE. |
1. REPORT THE INCIDENT TO DON LEHMAN IMMEDIATELY.
2. GET COPIES OF THE LITERATURE DISTRIBUTED.
3. MAKE NOTE OF THE TIME THAT DISTRIBUTION BEGAN AND
THE TIME IT ENDED, THE NUMBER OF PEOPLE MAKING THE DISTRIBUTION,
AND THEIR LOCATIONS.
4. MAKE BRIEF NOTES DESCRIBING THE INDIVIDUALS, LICENSE
NUMBERS, ETC.
5. ATTEMPT TO ASCERTAIN THE EXTENT TO WHICH INDIVIDUALS
ACTUALLY RECEIVED AND RETAINED THE LITERATURE.
6. NORMAL OBSERVATION BY MEMBERS OF THE ADMINISTRATION
MAY AND SHOULD BE MADE IN THE REGULAR COURSE OF THE DAY. |
YOU RECEIVE A TELEPHONE CALL FROM A UNION REPRESENTATIVE OR
SOMEONE CLAIMING TO REPRESENT A UNION. |
1. OBTAIN HIS OR HER FULL NAME, THE LOCAL NUMBER OF
HIS OR HER UNION, AND HIS OR HER TELEPHONE NUMBER.
2. ADVISE HIM OR HER THAT ALL UNION MATTERS ARE HANDLED
BY DON LEHMAN AND THAT HE OR SHE SHOULD DIRECT INQUIRIES TO
HIS ATTENTION. |
YOU RECEIVE A TELEPHONE CALL FROM A MEMBER OF THE PRESS INQUIRING
ABOUT THE UNIVERSITYS POSITION ON UNIONIZATION. |
ADVISE HIM OR HER THAT THE OFFICE OF UNIVERSITY RELATIONS
HANDLES SUCH INQUIRIES AND SUGGEST THAT HE OR SHE CONTACT MATT
NEHMER, UNIVERSITY RELATIONS, AT 994-6467. |
WHAT
YOU CAN SAY TO PART-TIME FACULTY IN SUPPORT
OF THE ACADEMIC LEADERSHIPS POSITION
1.
You can tell them you are opposed to the union.
2.
You can tell them that you believe they do not need the union.
3.
You can tell them that you believe their interests are served without
having the union standing between them and the academic leadership.
4.
You can remind them of what they have received from the University
without the union and without paying union dues and initiation fees
(e.g., pay competitive with area institutions, flexible scheduling,
benefits for regular part-time faculty).
5.
You can refer them to the Universitys Web page (www.unionization.gwu.edu)
for more specific information.
6.
You can tell them that the union is an outsider.
7.
You can say that unions may cause strikes.
8.
You can tell them about the disadvantages of joining a union, such
as the fact that unions may call strikes and may require the payment
of dues, initiation fees, and assessments.
9.
You can tell them about the independence they will lose by joining
the union.
10.
You can tell them about NLRB decisions allowing unions to fine members
who cross picket lines.
11.
You can tell them that they do not have to sign authorization cards,
or to vote for the union in the event they have already signed authorization
cards.
12.
You can tell them they do not have to talk to an organizer or allow
him or her in their homes.
13.
You can state your opposition to compulsory unionization.
14.
You can say that the union may demand that dues and fees be deducted
from part-time faculty members paychecks.
15.
You can point out, and correct, false or misleading union propaganda.
16.
You can remind the part-time faculty that there will be no automatic
increase in part-time faculty wages or benefits, just because the
union becomes the bargaining agent, and note that the part-time
faculty at NYU is still without a collective bargaining agreement
over one and one-half years since they voted to unionize.
WHAT
YOU CANNOT SAY TO PART-TIME FACULTY
1.
You may not promise part-time faculty pay increases, promotions,
improved working conditions and benefits, or special favors, on
the condition that they refuse to join the union or vote against
it.
2.
You may not threaten part-time faculty with loss of a job or a reduction
in wages, or use threatening or intimidating language calculated
to influence the exercise of his or her right to support the union.
3.
You must not discriminate against part-time faculty members taking
part in union activities by separating them from other part-time
faculty, intentionally assigning them to undesirable assignments
or tasks, or prohibiting them from teaching previously authorized
courses because of their union activities.
4.
You may not threaten to or actually discipline or terminate the
appointment of part-time faculty members for engaging in union activity
provided they are engaging in this activity outside of their classroom
instruction periods and other normal working times. However, even
though a part-time faculty member is on non-working time, he or
she may be warned and disciplined for interfering with another part-time
faculty member who is engaged in classroom instruction or other
normal work responsibilities.
5.
You may not engage in surveillance of part-time faculty members
attending union meetings or receiving union handbills, or give the
impression that their activities are being watched.
6.
You may not question part-time faculty about their prior or present
union affiliations, internal union affairs, or union meetings, nor
ask them whether he or she has signed a union card. It is not improper,
however, for you to receive such information if an individual volunteers
it.
7.
You may not systematically visit the homes of part-time faculty
to urge them to vote against the union.
8.
You may not solicit or encourage part-time faculty to request the
return of their authorization cards, or assist them by writing letters
to the union or the NLRB. However, you may respond affirmatively
to their questions as to whether they can get their cards back,
and advise them, if this is their desire, to contact the person
who solicited their signatures.
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