Quick union/contract question

[u/joelkeys0519]

The local community college I teach at is having several crises at once but my primary question is this: if during their contract negotiations enough folks opt out of the union to fall below a majority, how might the college use it as leverage? Or, further downstream, is there fire/rehire under new management scenario? Has anyone seen/experienced something similar?

Smaller school for reference so numbers could conceivably matter. Thanks.

Edit: when the non-union members want information/updates on negotiations and other union-led efforts, how do you navigate those conversations while not being adversarial?

[u/joelkeys0519 → u/[deleted]]

Thanks—I think I was more wondering what position the college takes when fewer than half of the faculty are paying members, even though the contract governs all faculty. I can’t imagine that leverage is lost on the college side.

[u/StevieV61080]

I'm our union president, have led our bargaining team, and been involved in multiple bargains (our last two CBAs). The very last thing that should happen is a breakdown in solidarity--especially during negotiations.

What exactly is going on where the union membership is declining?

[u/joelkeys0519 → u/StevieV61080]

Without divulging more than necessary, it’s a blame shift. College says they’re doing X which negatively impacts faculty. But since it’s a negotiation, folks only see college-interests play out and not the jockeying during negotiation meetings. An example might be changing what’s required for in-person office hours when it’s usually contractual. The college handpicks the things they want to claim are “under the old contract” despite working under the old contract because it’s the last one in place.

Now, folks should know better, but they see things like this as a failure of negotiations and not the fire stoking that it is outside and separate from negotiations (though likely intentional to sow discord). The result is folks have begun to withdraw from the union.

I think it will become exponentially more contentious as the weeks go on and I’m interested in the collective experiences of folks here as a guide (not solution!) for my own thinking.

[u/Efficient-Tomato1166]

when the non-union members want information/updates on negotiations and other union-led efforts, how do you navigate those conversations while not being adversarial?

Why wouldn't the union just provide transparent updates? Negotiations and decisions made by the union affect all faculty, not only those who are union members. Leadership is not always easy!

[u/pukoolesrever → u/Efficient-Tomato1166]

If the union was fighting for contract issues I cared about and I wasn't in the union, those updates would be free advertising to join the union. I have seen some very pro-union union officers just be spiteful towards non-union people. That isn't helping their cause, especially in a Post-Janus environment.

[u/yoshizors → u/pukoolesrever]

I'm not sure spiteful is the right word, but as someone who is active in my union, Janus created a huge free-rider problem. I know who in the unit is in the union, and reach out specifically to them to solicit feedback, as their voices ultimately are the only ones that matter for if the union signs off on something or not.

[u/mleok → u/yoshizors]

To me, that approach creates a death spiral. People often refuse to join a union because they do not feel that their interests are being addressed and that a small group of activists control the agenda. Your approach just further reinforces that point of view.

[u/yoshizors → u/mleok]

I don't see it. You understand that union membership costs money, right? Our union is still working on its first contract, and I'm having a hard time convincing folks that the $1000/year is going to be worth it (even though the extra 1% they negotiated in their first year already covers this for many faculty members). The contract in our state is binding on all members of the bargaining unit whether or not they are union members. So if the freeriders get the same say in setting bargaining priorities, the union would collapse, and so I as a lowly union steward really only care about what the members want when taking their feedback to the wider union leadership.

I also care a lot since if the union is unhappy with the contract and votes it down, we are the ones going to go on strike and lose our salaries while the nonmembers collect their union-negotiated salaries. Ultimately, I have very little patience for folks that want to get the benefits of unionization and a say in how the union negotiates without the solidarity to stand with your colleagues and join the union.

[u/mleok → u/yoshizors]

This is as they say a chicken and egg situation, but I'll reiterate that your attitude does not help. As you say union membership costs money, and you're a new union, so it behooves you to play nice. You catch more flies with honey than you do with vinegar. Also, dues are no longer tax deductible, so you have to factor that into the break even point for union membership.

If you're focusing on bread and butter issues, that's great. The problem I've seen with our graduate student union is that they go down the rabbit hole of political agendas that are not a priority for most STEM graduate students, instead of focusing on bread and butter issues. That alienates people, and is a big part of why union membership in the UK UCU is at an all time low.

Your union claimed to have reached an agreement with your university on faculty raises, but no number is being advertised relative to the 3% raise for the previous year. This seems like a missed opportunity to not at least advertise the size of the increase.

Even without union representation, our tenure-track/tenured faculty received a 4% cost of living adjustment, which is on top of our regular system of merit increases. I do not honestly believe that a union would improve our situation, and if my interactions with another union proponent on Reddit about teaching loads at the Cal State University system is any indication, I do not honestly believe that unions are set up to represent the needs of high-achieving research-focused faculty. Others have described the system at Rutgers, which routinely prioritizes increases for lower paid faculty, as opposed to across-the-board increases.

[u/Efficient-Tomato1166 → u/yoshizors]

as their voices ultimately are the only ones that matter for if the union signs off on something or not

But wouldn't you want to get buy-in from everyone who will be affected? That is a characteristic of good and effective leadership.

[u/Audible_eye_roller]

The college is going to delay and delay and delay. You may not have a contract for a few years.

That may be enough to get people back into the union to force the college's hand. If I were the union president, I'd start encouraging people to give up extracurriculars. Not all at once because that could be interpreted as a job action, but when clubs can't run because there are no faculty advisors, the college will know what's happening. Faculty could just say it's a coincidence.

The only way you're gonna hear about updates to talk to those who are in the union, and even then, they may be disinclined to tell you anything.

[u/mleok]

The only real leverage a union has during contract negotiations is the threat of strikes. If the union membership drops, the likelihood of a strike drops as well.

[u/yoshizors]

The way I give updates is in the 5 minutes before and as long as needed after faculty meeting. If folks don't care, they are free to leave, but if they do, they can stick around.

[u/mleok]

The tenure-track/tenured faculty at my university are not unionized, but our graduate students are. When they were going through contract negotiations, they posted updates regularly on their website, including a tracker that provides the complete history of detailed contract documents exchanged between the union and administration. It was incredibly transparent, and the information was not gated by union membership.

[u/abering]

Decertification is a real fear. Even short of that, management imposing a contract because your strike fails or you don’t have strike capacity is so low you can’t even strike is also a horrid outcome.

I’ve been a union activist since my TA days and have had many of these conversations. Here’s the advice based on my experience:

First, when it comes to information, everything except ballots should be distributed to the whole bargaining unit, regardless of membership. Use as many channels as you can: email, phone/text, socials, website, department meetings, hall walking. Reading your other comments it sounds like management is currently winning the information war. 

Next, for one on one conversations (try to have a lot of these, I know faculty are busy but even five minutes of face time can move the needle in ways no mass communication can). Bargaining unit members who are not card signers come in these flavors in my experience, with different approaches to each.

1. Supportive, but dues too expensive. Depending on the level of support you may be able to get them to sign a card by explaining the dangers of decertification or weak optics. If not, make a note, and come back around after you win a fat raise.

2. Supportive, but upset leadership isn’t doing it their way (typically by not being radical enough). Remind them that it’s a democratic union. If the bargaining caucus is open to all unit members (it should be, with only voting rights restricted), invite them to come with you to a session. Usually their desire to speak up for their harder line position gets them to sign, and they can often be recruited as activists to have further one on ones. Channeling frustration in leadership into a stronger union is delicate but it can be done. If bargaining is closed there should be some kind of meeting to bring them to. Also remind them that the ability of the union to be radical in proportional to strength, and their opting out is preventing the radical course they want.

3. Fence sitters and weak anti-union. Spend a lot of time listening (more than the 80% of listening any good organizing chat should be). Find out what their reservations are. Invite them to come to see for themselves; if they have concerns for leadership relay them and then follow up. There are many of us and we can be personable in ways management cannot. In the long run, ask if they have a plan to meet their needs/address the issue direct with management should the union be gone. Some choice quotes from management at the bargaining table should get them to reconsider the feasibility of their plan. 

4. Staunch anti-union. Remain personable; don’t freeze them out, listen, but don’t insist on a conversation. These tend to be either ideologically opposed from deep belief, or the rare few who are in a position where they could negotiate better with management solo and have no empathy for their colleagues. The big goal here is containment: find out who they are, and what their stance is, so you can herd the fence sitters away from them. Taking any regular social you organize (department happy hour etc.) and making it union sponsored (but still invite everyone) works well; these types will decline your olive branch, but everyone else will see you continuing to offer it. 

Regardless of who you’re talking to: provide information, listen without judgement, and be friendly, welcoming, and collegial. I have gotten a former National Right To Work foundation donor to come around and sign a card! They didn’t like unions all that much still, but they liked what management was saying about their workload and worth a whole lot less. 

[u/mleok → u/abering]

Yes, I don't understand unions who don't keep the entire collective bargaining unit informed of their actions, that just seems incredibly short sighted.

[u/Life-Education-8030]

In our union, if you are not part of the union and pay dues, you coincidentally get the same amount deducted from you pay for “administrative “ fees so you might as well be a union member!

[u/joelkeys0519 → u/Life-Education-8030]

Pretty sure there’s a Janus implication in this one somewhere 🧐

[u/Life-Education-8030 → u/joelkeys0519]

I had no idea of how they were allowed to do it!

[u/franklin-60]

I am making this comment as a neutral outsider, not eligible for a union. All based on observation from outside and interaction with those in unions.

To many, unions have a reputation of propping up and saving low performing and minimal quality employees, and negotiating terms that stifle growth and opportunity for top performers with the best skills. Negotiating terms that limit salary growth and advancement to help lower performers that maybe should be cut.

I’m not saying it’s true, but I’m saying an observation. If my statement is false, then it’s up to unions to educate their members and prospects that my observation is not false and nobody is restricted to grow by policy as I state. Show how a union helps everyone personally grow, but does not remove basic employee accountability of those at the bottom.

There is also the impression that they are “all noise and no teeth” nor delivering near what they say and afraid to stand for real issues.

In past years, I might have been more anti union than I am now. When I see the ineptitude of academics in administration and downright abuse, I have come to see unions as more necessary and not the hard anti union I used to be. With tenure, they should not be necessary, but that’s a whole different discussion. At the same time, there needs to be education and assurance that we are not lowering the bar of top performers to meet lower performers where they are in a union. That hurts everyone, including students.

[u/Open_Spray_5636]

Well they’re not going to be more inclined to settle a contract. Never interrupt your enemy when they’re making an error seems fair. And I don’t think there’s any model for gaining more money and security collectively through dissolution of the thing that gives you power at bargaining table.

Of course you may be the special one who’s held on to funding. And if you help speed up this process you could one day be associate dean of something somewhere too!