Frequently Asked Questions | Staff Unionization Information

Last Updated Oct. 8, 2024

Bargaining Unit Composition

Which bargaining unit am I in?

The staff voted to have two separate bargaining units: one unit comprised of professional employees and another comprised of non-professional employees. Generally, employees whose positions require a four-year degree in a certain discipline as a requirement to perform their job duties are considered professional employees, and employees whose position does not require a four-year degree to perform their job duties are considered non-professional employees.

A voter list that was posted with the Notice of Election included the names of employees that were eligible to vote in the election based on their classification as professional or non-professional. These employees are also considered eligible to be included in the professional or non-professional bargaining units, based on their respective classifications.

However, during the election process, the University and the USW challenged the eligibility of certain employees based on their status. For example, some individuals on the list were later identified by the USW and/or the University as managers, and as a result their ballot was challenged. The parties may discuss these challenges as well as the scope of the professional and non-professional bargaining units during the collective bargaining process.

I did not receive a ballot but think I should be a part of the union. What happens now?

There were some staff employees who were not on the voter list but requested ballots from the PLRB and cast those ballots in the election. Because these individuals were not on the voter list, their ballots were challenged by the PLRB. The University and the USW may discuss these challenged voters, as well as the scope of the professional and non-professional bargaining units, during the collective bargaining process.

I was listed as an eligible employee for the staff union, but I do not think I should be based on my managerial status. What happens now?

During the election process, the University and the USW challenged the eligibility of certain staff employees based on their classification as a manager or supervisor. The parties may discuss these challenges as well as the scope of the professional and non-professional bargaining units during the collective bargaining process.

Staff members have been hired since the list that was approved by the PLRB to be included in the collective bargaining unit. Where can those staff go to determine if they are a unit member?

The University and the USW may discuss the scope of the professional and non-professional bargaining units during the collective bargaining process, which may include staff members hired after the eligibility list was disseminated.

Union Representation

Will I have to join the staff union? Will I be forced to pay union dues or any other fees that the union may decide to assess to staff even if I don't want to be in the union? What are the options for employees who do not wish to be under a union?

Staff members have the right to choose whether to be members of the union and pay dues or not. However, whether staff members join the union or not, all staff members in the certified bargaining unit will be exclusively represented by the USW and their terms and conditions of employment will be governed by what is negotiated between the University and the USW.

If I choose NOT to sign my union card and join the union: 1. Does that truly mean I do not have to pay dues? 2. Will I lose out on any signing bonuses that are bargained by the union? 3. Does that mean they will not help me if I have a problem with my job/supervisor?

Even if you choose not to join the union, the terms and conditions of your employment will be governed by what is negotiated between the University and the USW. Additionally, the USW is required to equally represent both members and non-members and cannot discriminate against employees according to their membership status.

Can I opt out of the union based on personal preference?

Once a union is certified, it becomes the exclusive representative for the bargaining unit employees. For information regarding opting out of the union, employees should contact the USW.

What are union dues and how are they established?

Like any organization, unions have to financially support themselves. The money they collect in dues and fees goes to administrative, advertising, travel and other expenses, as well as salaries for their officials. Unions also hire lobbyists and consultants. You can find an individual union's expenditures on the LM-2 form it files with the government every year: https://olmsapps.dol.gov/olpdr/

The union determines the amount of dues and fees. Union dues are paid by employees to the union, and may be deducted directly from an employee’s pay. Standard dues from the USW are approximately 1.45% of an employee’s total earnings.

Is it true that the union may require me to pay more than just dues each month?

Yes. If you are a union member, the union may require contributions for strike funds, building funds, initiation fees, fines, assessments and other special project funds.

Contract Negotiations

What happens to my pay while negotiations are going on?

During negotiations, the University is required to maintain the status quo for wages for employees in the bargaining unit.

How long do negotiations typically take, and does it matter if it’s the first contract being negotiated?

During collective bargaining neither 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. Since 2004, it has taken on average 409 days to get to a first union contract.^[1] There is no legally required time limit for contract negotiations to conclude. The only requirement is for the parties to bargain in good faith.

[1] https://news.bloomberglaw.com/bloomberg-law-analysis/analysis-how-long-does-it-take-unions-to-reach-first-contracts

What does "bargain in good faith" mean?

It means that both parties will meet at reasonable times and places, make proposals and counter proposals, and explain their positions in a sincere attempt to reach an agreement. Neither party is required to make concessions. If the parties are unable to reach an agreement, also known as impasse, they must submit the dispute to a mediator (possibly a fact-finding panel) until an agreement is reached.

Additional Questions

I have additional questions - Whom should I contact?: Contact the University’s Office of Human Resources with additional questions.

Supervisor and Manager FAQs

What changes can I make or not make during a status quo period?

Once the Pennsylvania Labor Relations Board (PLRB) has certified the professional and non-professional units, the law requires that the University maintain the “status quo” for wages, hours, and terms and conditions of employment while the University and the United Steelworkers (USW) negotiate collective bargaining agreements. Status quo is another way of saying that the parties must continue the existing relationship in effect until a collective bargaining agreement is negotiated.

Importantly, the Public Employee Relations Act (PERA) applies a “static” status quo standard to wages. The University cannot unilaterally adjust wages up or down, including any periodic wage adjustments that would be considered part of the University’s normal ongoing operations. Additionally, the University will continue current benefits in effect for represented staff employees until a collective bargaining agreement is reached between the parties.

Are there additional limitations on how I interact with my represented employees during the bargaining period?

The USW is now the exclusive representative of the professional and non-professional staff employees. This means that the USW has the authority and the exclusive right to negotiate with University management on the amount of wages, benefits and working conditions for employees.

Supervisors and managers should avoid negotiating directly with staff employees who are members of the bargaining units regarding wages, benefits and other working conditions. This also includes soliciting feedback from staff employees about changes they would like to see concerning wages, hours, and terms and conditions of employment. For example, you should not say things like:

What changes would you like to see in the contract?
Is there an hours of work provision that is important to you?
Sharing with staff members your opinion of what should or shouldn’t be in the CBA

How do I know which of my employees are represented?

For the present moment, you should refer to the Voter Eligibility List and treat all of those employees as though they may be represented.

In the coming weeks, the University will be establishing a Status Quo Committee to help address specific situations and questions. When available, information on submitting questions will be shared via HR Partners.

Is there guidance for what I can and cannot say as it relates to contract negotiations?

You must refrain from engaging in conduct or behavior that would constitute a violation of TIPS (Threats, Interrogation, Promise, Surveillance). These rules continue to apply during contract negotiations. Examples of TIPS violations are below:

Threaten loss of wages/hours, etc., as a way to influence staff employees concerning negotiations.
Interrogate staff employees about negotiations, union strategies, or how an individual intends to vote at ratification.
Promise increased or better benefits if staff employees acts in a particular manner (i.e. accepts University’s proposal).
Surveillance (or give the impression of spying) on staff employees engaging in union activities or private union meetings pertaining to proposals/negotiations.

How is the unionization of staff being communicated to new hires/ offers in process?

The University will include unionization information in the new employee orientation materials to inform them about staff unionization. In addition, there will be consistent updates on the unionization website to review.