September 1, 2005

To: Part-time Faculty Members
The George Washington University
From: Donald R. Lehman, Executive Vice President for Academic Affairs
Subject: Part-Time Faculty Unionization Update

As we begin a new semester, I write to update you on what has occurred since the memorandum I wrote to you at the end of June and expand a bit on why the University has taken the position it has with respect to the representation election. You have already received (and will probably continue to receive) communications from Local 500 of the Service Employees International Union accusing the University of committing an “unfair labor practice” and of violating the law. We respect the right of people to disagree with the position the University has taken, but it is important to separate fact from hyperbole.

You may remember that the National Labor Relations Board’s (NLRB) certification of Local 500 as the representative of the part-time faculty resulted from a difference of only 10 votes out of 672 counted. The University believes that this certification is flawed because it does not result from an election that provided all eligible voters with a full and fair opportunity to vote.

The current count includes the votes of two individuals who are not directly employed by the University. Their teaching services are provided through a supply contract between the University and their employer, a third party. The University is not contesting the NLRB’s now settled ruling determining that the ballots cast by these two individuals should count. Rather, the University is contesting the results of the election because there are others who were not provided with an equal opportunity to vote, despite having the same teaching arrangement that these two individuals have with the University. Therefore, the University believes the NLRB, through its direction to count these two ballots, disenfranchised about 30 individuals who have the same arrangement as those two individuals whose ballots were counted. The votes of these approximately 30 individuals could determine the outcome of the election. They should, therefore, have their voices heard on this important issue. For this reason, the University has decided to seek a determination that, if successful, would allow this to occur.

The only way GW could seek such a determination was to not commence negotiations with the Local 500 and to wait for the union to file an unfair labor practice charge. This has occurred. The matter is now taking a somewhat complicated (but routine for the NLRB) procedural route within the NLRB and will be subject to judicial review by the courts. Again, what is important to remember is that GW has done nothing more than to follow the established procedures for seeking a formal ruling on whether these 30 or so similarly situated “suppliers” should have been provided with an opportunity to cast ballots equal to that provided to the voters whose eligibility was clear prior to the election period. The University abides by the rule of law and will respect the results of this process, regardless of the outcome.

I will continue to provide you with information periodically and encourage you to consult the Web site on part-time faculty unionization (www.unionization.gwu.edu), which we will keep up to date. The site includes a section for feedback, through which you can submit questions. I have also attached a Fact Sheet that you might find informative.

On behalf of the GW administration, I wish you every success during the academic year.