union organizing - frequently asked questions
Below are answers to frequently asked questions regarding union organizing.
General Questions about Union Organizing
If a majority of those in a bargaining unit sign a card indicating their support for the union, all those in the bargaining unit (and those who occupy union-represented positions in the future) would be exclusively represented by the union in their dealings with the university concerning terms and conditions of employment. This is true for all employees in the bargaining unit, whether or not they signed a card. If a union demonstrates majority support from the employees within a bargaining unit, not all represented employees must join the union. In terms of whether any represented employee has to join a union or pay dues, MERC guidance states the following:
"On June 27, 2018, however, the United States Supreme Court, in Janus v. Am. Fed'n of State, Cty., & Mun. Employees, Council 31, 138 S. Ct. 2448, held that public sector agency shop arrangements violate the First Amendment of the United States Constitution. Consequently, public sector employers and unions may no longer enter into any agreement that requires employees to join or financially support a union as a condition of obtaining or continuing employment."
The agency in Michigan that enforces Michigan law in this area for public sector employees is the Michigan Employment Relations Commission (MERC). The contact information for MERC is here:
The Department of Licensing and Regulatory Affairs
Bureau of Employment Relations
Cadillac Place
3026 W. Grand Boulevard, Suite 2-750
PO Box 02988
Detroit, MI 48202-2988
Tel: 313-456-3510 Fax: 313-456-3511
If you signed a union authorization card or petition, and you want to cancel that authorization, it is your right to do so. The choice is yours to make. Under the law, the University cannot, and will not, encourage or discourage employees from attempting to cancel or revoke their authorization. However, the University can provide information about your rights, including the proper procedure for revoking your authorization signature. Employees who desire to revoke their authorization have two options:
- Go to a union organizer or to the supporter you gave the petition or the card and ask to cancel or revoke your authorization.
- Write to the union stating that you are canceling and revoking your authorization on the petition or card that you signed.
We are providing this information because employees have asked about it and want to know their legal rights. Whether or not you revoke your authorization is your decision. The University will have no way of knowing who has signed an authorization or asked to cancel an authorization.
Questions Regarding the December 17, 2021 Board Resolution
Generally, the resolution means that:
- The University (including all supervisors) will not issue any opinions about unionizing, either for or against,
- The University will follow the process in the resolution to determine a reasonable bargaining unit, and
- The University will voluntarily recognize a bargaining unit if it demonstrates majority support through a “card check” process outlined in the resolution.
A union campaign typically begins with one or more unions reaching out to employees to determine if there is interest in joining a union. There may be meetings held by the union, information distributed, and other efforts to reach employees. If a union is able to obtain cards signed by at least 30% of a proposed bargaining unit indicating that they want to join the union, they provide the cards to the Michigan Employment Relations Commission (MERC). A “bargaining unit” is a group of employees who share a community of interest. MERC then verifies the cards, determines whether the proposed bargaining unit is appropriate and if cards are verified and the bargaining unit composition is approved, MERC conducts a secret-ballot election. If a majority of those in the bargaining unit who choose to vote do so in favor of the unit, the entire unit becomes unionized.
Alternatively, in campaigns in which a “card check process” (or voluntary recognition process) is used, a union or unions then will approach employees about signing a card, authorizing that union to represent the employee for collective bargaining purposes on mandatory subjects of bargaining of wages, hours and working conditions. Then, when a majority of employees in a particular unit sign the card, the employer agrees to recognize that union as the bargaining representative of that unit. There is no election – the card is the employee’s sole voice on the matter. The Board of Trustees resolution states that the University will use the voluntary recognition process.
Once a union has been recognized, the employer is required to bargain over your terms and conditions of employment with your union representative. That bargaining will result in what is referred to as a “collective bargaining agreement,” which is an agreement between the University and the union that outlines terms and conditions of employment.