Union Basics
- What is a union?
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A union is an organization that has the exclusive right to bargain with the employer over the wages, benefits and working conditions of the workers it represents.
- Who decides if a workplace will be unionized?
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Under the Pennsylvania Public Employe Relations Act (PERA), public sector employees have the right to form and join a union. Under PERA, employees also have the right to not support or join a union. The decision is typically made by the majority of employees who vote in an election conducted by the Pennsylvania Labor Relations Board (PLRB). The law and the PLRB are neutral. They give employees a free choice and enforce the decision that a majority of employees who vote in the election make.
- How does a union get the right to represent employees?
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Usually, a union files a petition with the PLRB requesting an election among a designated group of employees known as a "bargaining unit," after the union has obtained the legally required number of authorization cards signed by employees of the proposed bargaining unit. The union wins the right to represent the group if a majority of the eligible employees who actually vote in an election choose union representation. For example, if there are 1,000 employees eligible to vote and only 100 vote, then 51 employees will decide whether all 1,000 employees will be represented by the union. This is why it is important to vote if an election is held and make your voice heard.
- What rights do you have to express your opinion about union representation?
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Staff who support the union and staff who do not support the union have equal rights in expressing their views. Staff can freely discuss their opinions and experiences about union representation with fellow employees.
- If approached, are you required to speak with union organizers and representatives?
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No. You have a choice to speak or not speak with union organizers and representatives. There is no obligation to speak with union organizers or representatives either at work or elsewhere, and employees do not have to let a union representative into their homes.
Election Process
- Who votes in a union election?
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Employees whose positions are included in the potential bargaining unit are eligible to — and should — vote. Every vote counts. If an employee does not vote, that means someone else is making the decision for them. The vote is by secret ballot.
- Are there a minimum number of employees that must vote to decide an election?
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No. A simple majority of the employees who cast votes in the election will decide the outcome. For example, if there are 200 employees eligible to vote, and only 20 vote, then 11 employees will decide whether all 200 employees will be represented. This is why each employee's vote is so critical.
- If the union is elected as bargaining representative, will you have to become a member of that union and pay dues?
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No. You cannot be required to belong to the union as a condition of employment.
- If you can choose not to be a member, then why does it matter if there is a union or not?
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If a union wins an election for exclusive representation, the union has the exclusive right and responsibility to represent all employees in the bargaining unit. The union will then have the exclusive authority to negotiate with management on wages, benefits and working conditions that employees will receive. You cannot opt out of being represented by the union if it is elected.
Union Representation
- If staff employees vote for unionization, how would your employment relationship with the University of Pittsburgh change?
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If the union is elected, your relationship with your manager/supervisor and the University changes in several significant ways, including:
- Currently, you may deal directly with your manager/supervisor and the University regarding your employment on matters like wages, benefits and working conditions. If elected, the union becomes your official representative and speaks for you. PERA would prohibit the University from directly dealing with you regarding your terms and conditions of employment.
- Now, you have a voice. You can speak for yourself, directly to your supervisor and any manager in the University. In addition, the University has a robust shared governance process through which staff participate and engage with the University administration on matters related to their employment. If the union were voted in, the union would be your exclusive voice.
- Currently, your manager has the flexibility to treat you as an individual and work directly with you to address your personal issues and needs. In a union environment, this flexibility may be limited by the contract and issues may have to be addressed through your union representative.
- Can the union promise us a raise and increased benefits?
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The reality is that raises and increased benefits are subject to bargaining. The parties must mutually agree to any raises or increased benefits through good faith negotiations. If a union is elected, any promises offered by the union during a campaign will go through negotiations between the University and the union.
- What are union dues and how are they established?
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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 if the union wins the election, the union may require me to pay more than just dues each month?
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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.
- What happens to my pay while negotiations are going on?
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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?
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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.
- What does "bargain in good faith" mean?
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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?
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Contact the University’s Office of Human Resources with additional questions.