Updated: Oct. 22, 2018
Find fact-based responses to some of the most frequently asked questions about union campaigns and union representation below.
Do you have more questions? Just ask. UT is committed to providing factually accurate information for our faculty. This section will be updated frequently with faculty questions and factual responses.
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Eligible Faculty
Why is the union trying to organize full-time instructional and adjunct faculty?
We understand the union has recently targeted several Florida universities, and UT may be their latest campaign target. Most union organizing drives involve efforts by a single union to solicit voters to sign authorization cards. The initial contact between the union and potential voters could be initiated by a union, or it could be initiated by a potential voter who approached the union first.
Active organizing begins when the employer becomes aware of union organizing activity. UT administration learned about the union organizing campaign on Aug. 15, 2018. In accordance with the law, UT cannot make any changes to the terms or conditions of employment, including wages and benefits, for the eligible faculty group (adjunct and full-time instructional faculty) now that we are aware of union organizing, unless those changes were already in process. We regret that the union is already restricting our ability to work directly with faculty on the areas we regularly review and know we can improve.
While we can’t speak for other universities or the union, at UT we believe that the strong and collaborative working relationship that exists between faculty and administration is a unique asset of our University, and we can best support our faculty and provide excellent educational experiences without a labor union.
Which faculty can be unionized?
The law provides that faculty in "an appropriate bargaining unit" may unionize provided they are not supervisory or managerial according to criteria outlined by federal law. Based in part on our strong commitment to the shared governance program at UT, federal case law that applies to private employers (like UT) states that tenured and tenure-track faculty are managerial employees, and therefore, are not eligible to be represented by a labor union, may not support the union organizing campaign, and cannot engage in collective bargaining. The University’s legal counsel is confident that UT tenure-track and tenured faculty meet the criteria of these legal rulings going back to Yeshiva v NLRB in 1980 and, more recently, Pacific Lutheran University v SEIU, Local 925 in 2014.
The federal law differs from the state law applicable to many public sector educational institutions like USF and HCC. The University takes very seriously its responsibility of providing faculty with accurate and factual information about the important topic of unionization.
Relevant Cases: National Labor Relations Board v. Yeshiva University, 444 U.S. 672 (1980) and Pacific Lutheran Univ. & SEIU, Local 925, 361 N.L.R.B. No. 157 (N.L.R.B. Dec. 16, 2014)
Faculty Rights
What are my rights regarding union representation?
Eligible faculty have the right to choose whether or not they want a labor union speaking and acting on their behalf regarding the terms and conditions of your employment. UT respects the rights as well as the personal opinions and privacy of all our faculty.
During the union election campaign, full-time instructional and adjunct faculty may be approached about the union. You have the right to discuss the union or to not discuss the union. If you would prefer not to discuss the union, you may exercise your right to not engage in these discussions and inform your colleagues that you are not interested in discussing the union or the campaign.
What are my rights if I don’t want a union here?
Faculty have the legal right to oppose the union. You also have the right to let other faculty know your opinion and you can communicate that opinion in whatever manner you choose (in compliance with federal laws and accordance with our university policies). Ultimately, if an election were to be held, eligible faculty have the right to vote “no” to a union.
Can anyone retaliate against me for supporting the union?
The University will not tolerate intimidation or retaliation against full-time instructional or adjunct faculty who invoke their right to organize.
Can anyone retaliate against me for opposing the union?
Union organizers and union sympathizers have no right to threaten or coerce you when you say “no” or that you are not interested in union representation, and the University will not tolerate intimidation or retaliation against our faculty regardless of one’s position on the issue. Our goal is to provide the facts and to ensure eligible faculty are able to make an informed decision.
Union Authorization Cards
What is a union authorization card?
A union authorization card is a legal document that authorizes the union to represent you. By signing this card or agreeing to it electronically, you are authorizing the union to speak and make decisions for you about the terms and conditions of your employment.
Despite the simple appearance of most union cards, a signed authorization card is legally binding. Like any contract, you should understand what you are being asked to sign.
Do faculty members have to sign a union card or attend a union meeting?
No. The National Labor Relations Act (NLRA) protects the rights of eligible faculty to say “no” to union cards, union meetings, and union representation. UT respects your rights as well as the personal opinions and privacy of our faculty.
We would encourage full-time instructional and adjunct faculty not to sign a union card without understanding the facts about union representation, including the impact a union could have on our faculty and our student experience.
If I already signed a card, do I have to support or vote for the union?
No. Signing an authorization card does not obligate you to continue to support the union. You have the right to change your mind and can always vote “no” if there is a secret ballot election.
Union Organizing Campaign
Has UT given the union my personal contact information?
Absolutely not. The University respects the privacy of our faculty, staff and students. We have not and will not share personal contact information with any outside organization, including the union, unless required by law. If you’ve been contacted by the union, you may want to ask the union how they got your information.
If the union files a petition for election, the University would be required by federal law to provide the National Labor Relations Board and the union the personal contact information of the bargaining unit faculty listed in the petition. There are no restrictions to how the union would be able to use that information to contact faculty, and we hope that we do not have to face that challenge.
What is a union?
A union is a business and advocacy organization that serves as the exclusive bargaining representative for a group of employees for the purposes of negotiating with an employer to establish the terms and conditions of employment. A union typically charges its members for providing this service in the form of union dues and fees.
Who is a union organizer?
Most unions employ staff called “organizers” who are paid by the union to get faculty to sign cards and support the union. The union organizer may coordinate with faculty members who support the union to try to convince their colleagues to sign an authorization card or attend a union meeting.
What is the NLRB?
The National Labor Relations Board (NLRB) is an independent federal agency charged to administer the National Labor Relations Act (NLRA). The NLRB issues rules and guidance under the NLRA, it conducts union elections, it prosecutes violations of the NLRA (unfair labor practices), and it issues case decisions interpreting the NLRA. The Board is made up of five members, who are political appointees, typically with three members from the party in power and two from the minority party.
There are 26 regional offices that conduct elections and investigate charges. Information for the regional board office for Tampa:
National Labor Relations Board, Region 12
Fifth Third Center
201 East Kennedy Blvd
Suite 530
Tampa, FL 33602-5824
Why is the union asking full-time instructional and adjunct faculty to sign cards?
Union cards are part of a union’s organizing campaign. If the union obtains signed authorization cards from at least 30 percent of the full-time instructional and adjunct faculty it wants to represent, it can request a secret ballot election.
Is this University paying for outside legal counsel and consultants to block unionization of faculty? Why not remain neutral?
The University is committed to providing the facts on this issue that could have a real impact on our faculty, our students and the culture of the University. This is not about blocking your rights to choose.
We have devoted some resources for educational and legal guidance because we feel that it is critical for UT administration and college and department leaders to be equipped with the facts about the NLRA and the NLRB in order to comply with the law.
If a union files a petition for employees to unionize with the NLRB, the employer has to comply with numerous legal obligations under the NLRA, and potentially prepare for evidentiary hearings before the Regional Director of the NLRB. These are very specialized areas of the law, and the University will seek the advice of outside counsel to comply.
Union Representation
How can a union affect how faculty and department chairs and/or university administrators work together?
If full-time instructional and adjunct faculty unionized, the union would serve as the faculty’s exclusive representative, meaning department chairs and university administration would be prohibited from dealing directly with the full-time instructional and adjunct faculty regarding their pay, benefits, course assignments, leaves of absence, accommodations and all other terms and conditions of employment.
Can a union guarantee changes for full-time instructional and adjunct faculty?
Understand that unions are allowed to make promises even though they have no legal power to guarantee what they are promising in order to get faculty to sign a card and support the union. The NLRB ruled this to be “pre-election propaganda” [Shirlington Supermarket, Inc., 106 NLRB 666 (1953)]. There is no guarantee what will be included in a union contract, and the union cannot compel the university to agree to specific demands.
Can the union get us the same benefits that they negotiated for faculty at USF or HCC?
There is no guarantee what will be included in a union contract, and the union cannot compel the university to agree to specific demands. USF and HCC continue to negotiate with the union several months after the union was elected without an agreement. At this time, the union hasn’t secured anything for faculty at these schools.
In addition, the federal labor law differs from the state laws applicable to many public sector educational institutions like USF and HCC.
If there were a faculty union, could faculty continue to sit on departmental and University committees?
It’s possible that the current University and department structure could change if faculty were to unionize. There are no guarantees how a union contract would affect the current structure of the departmental and University committees
How will unionizing impact the financial future of the university?
We can’t say for certain how a union will change the future of the university, but we do believe that a third-party intermediary will affect how faculty and the University are able to collaborate on issues important to all of us. Our position on this issue is based on what we understand to be the result of faculty unions at other universities. We want what is best for our faculty and students.
Would all members of the bargaining unit be represented by the union, even if they are not a union member?
Yes, whether or not a faculty member is a member of the union, all faculty in the bargaining unit would be represented by the union and would be covered by the terms and conditions of the union contract. However, it is likely only those faculty who join the union and pay union dues could vote on union business, including contract ratification and strike votes.
Will I be forced to pay union dues?
As a right-to-work state, union-represented employees in Florida cannot be required to join a union or pay union dues as a condition of employment. If represented by the union, you will be contractually bound to the rules and regulations of the union contract, whether or not you are a member or voted for the union. You cannot opt-out of union representation or the contract.
It’s important to understand that a union’s main source of revenue is member dues, and therefore, unions are often motivated to get more dues paying members. In Florida, 84 percent of union-represented workers are union members, according to the U.S. Bureau of Labor Statistics.
If you paid dues to SEIU-FPSU, your dues would be approximately 1.56 percent of your monthly income.
I am not a faculty member who is currently being targeted by the union. Why is this important?
Even our tenured and tenure-track faculty could be affected if any faculty group becomes unionized because a union acting as an intermediary between faculty and university administrators could impact faculty contributions to the University and our students’ educational experiences.
We expect also that the union will seek to influence tenure-track and tenured faculty and encourage them to support the union’s efforts. Based on federal law, UT’s tenured faculty cannot campaign against the university because their role is considered managerial due to our commitment to shared governance.
Collective Bargaining
How does collective bargaining work?
If the union won an election, federal law requires representatives of the union and the university to begin negotiating, in good faith, the contract terms between the union and the university. The law does not require that the university has to agree to the union’s demands nor that an agreement be reached.
What can a union bargain for?
All matters related to wages, hours and working conditions are mandatory subjects of bargaining. Examples include salary, work hours, shared governance, health insurance, retirement plans, appointment duration, and disciplinary procedures.
What are my options if the union contract doesn’t include all of my current benefits? Can I opt out of the contract?
There are no guarantees what will be included in a union contract, but it is legally guaranteed that faculty working in positions within the bargaining unit will be covered by any collective bargaining agreement negotiated by the University and the union. Terms and conditions of employment for the bargaining unit, including wages and benefits, are all subject to collective bargaining. You cannot opt out of a union contract if you are represented by a union.
This is true regardless of whether or not the faculty member is a full, dues-paying union member. That means that bargaining unit members would then have no right to individually negotiate better pay or benefits on their own behalf, so long as they remain in a position within the bargaining unit. For example, a bargaining unit member will be unable to elect or otherwise shape his or her schedule, unless doing so complies with the terms of any collective bargaining agreement between the University and the union.
Could the University make an exception for me and not require that I follow a section of the union contract if I didn't like a particular section?
No. A union contract is a binding contract and applies to all faculty members of the bargaining unit. Unless the contract states otherwise, exceptions are not allowed.
Strikes
Would there be a strike if a union represented UT faculty?
It’s not certain, but a union’s greatest leverage during contract negotiations is the threat of a strike. If a strike is authorized, all faculty who are represented by the union would be pressured to go on strike, and union members could face possible union charges, discipline and fines for refusing to strike and/or for crossing the picket line.
