Unionization In The Classroom: GW's Response To Organizing Part-Time Faculty


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FREQUENTLY ASKED QUESTIONS (printer-friendly version)

Updated September 2007

1. What is the current status of negotiations with the part-time faculty union?

The University began negotiating a collective bargaining agreement with Local 500 of the Service Employees International Union early in 2007. We have reached tentative agreement on many provisions and believe that a constructive atmosphere exists for the ongoing negotiations.

2. What does “tentative agreement” mean?

Parties negotiating a collective bargaining agreement may agree to particular articles, but understand that the agreement is not final until the entire contract is agreed to and fully executed.

3. When will the collective bargaining process be complete and when will a contract take effect?

We cannot estimate when a final contract may be agreed to by the parties.

4. Who is on the University’s bargaining team?

The University’s team is composed of Annie Wooldridge, assistant vice president for faculty recruitment and personnel relations; Ed Caress, emeritus professor of chemistry and former interim dean of GW's Columbian College of Arts and Sciences; Susan Kaplan, senior counsel; and Jonathan Fritts, the University’s outside counsel in this matter.

5. Will part-time faculty have an opportunity to vote on the agreement?

Ratification is a process that is determined by the union according to its own rules.

6. Am I now a member of the union?

You are not a member of the union unless you have affirmatively joined. By virtue of the National Labor Relations Board’s certification, Local 500 represents all part-time faculty in the bargaining unit for purposes of collective bargaining. However, at no time can the union require actual membership in the union. The issue of providing financial support to the union is a subject of bargaining for faculty members in D.C. and Maryland.

7. Do I need to pay dues to the union?

Providing financial support to the union is a subject of bargaining. At this time, the union cannot require that part-time faculty pay dues and at no time can the union require part-time faculty to become actual members.

8. What is an agency shop? An open shop? A closed shop?

These types of arrangements are contained in a union security clause, which is a provision in a collective bargaining agreement that requires employees to pay dues or the equivalent of dues (called an “agency fee”) to the union as a condition of employment. By law, a union security clause cannot require actual membership in the union. An agency shop is what can be lawfully required in a union security clause—the payment of the monetary equivalent of dues to a union, but not actual membership in the union. An open shop refers to a workplace that is not covered by a union security clause. A closed shop refers to a requirement that individuals be members of a union before being hired by an employer. It is unlawful to have a closed shop.

9. What is a dues check-off?

This term refers to a provision in a collective bargaining agreement permitting the payment of membership dues or agency fees (see #8 above) through payroll deduction. It must be voluntarily requested by an employee represented by a union.

10. What is the status of my appointment with the University for teaching during the upcoming terms?

Your appointment will be valid and you should assume that its terms remain as stated unless and until there is a collective bargaining agreement in effect that provides otherwise. The University is continuing to employ individuals to teach on a part-time basis consistent with its current processes, the terms of appointment letters, and applicable law.

11. What was the outcome of the case in the United States Court of Appeals?

The University exercised its lawful right to appeal the decision of the National Labor Relations Board certifying the election result. We did so based on the fact that the election results were extremely close (Local 500 prevailed by 10 votes) and the University’s good faith belief that a material number of part-time faculty were disenfranchised. Under federal labor law, an appeal of an NLRB decision is made directly to the U.S. Court of Appeals. On Nov. 27, 2006, the United States Court of Appeals for the District of Columbia Circuit upheld the NLRB’s certification of the election. We concluded that the University community, including our faculty, staff, and, most importantly, our students, would not be well served by further appeals. Therefore, the University did not request further court action in this case and agreed to begin bargaining with Local 500 of the Service Employees International Union.

12. How can I get involved?

The University encourages all part-time faculty to get involved in this process and recommends that those who wish to do so contact Local 500 for further information.