June 29, 2005

To: Part-Time Faculty
From: Donald R. Lehman, Executive Vice President for Academic Affairs
Subject: Update on Part-Time Faculty Unionization Efforts
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By now, many of you have heard that, by a slim 10-vote margin, part-time faculty who cast ballots in the election held by the National Labor Relations Board (NLRB) voted to be represented by Local 500 of the Service Employees International Union (Service Employees) in their dealings with the University. I would like to provide you with some of the recent history relating to the vote count and, more importantly, share with you the University’s position with respect to the election results.

As you may know, after the initial ballot count immediately following the October 2004 election, there were 12 more votes cast by part-time faculty in favor of unionization than against unionization. However, 50 ballots were challenged by the Service Employees and/or the NLRB and were not counted. Because the number of challenged ballots exceeded the 12 vote margin, the results of the election were not final at that time. It took several months of dialogue between the Service Employees and the University before the union withdrew their challenges to all but 12 ballots. Three additional ballots remained challenged by the NLRB. After a hearing was held in January 2005 before an Administrative Law Judge (ALJ), in which the ALJ heard testimony from many of the part-time faculty members whose ballots were challenged, the ALJ issued findings, on March 25, 2005, recommending to the NLRB that all 15 of the contested ballots be counted. The ALJ’s findings supported the University’s position with respect to all but three ballots. On May 6, 2005, the NLRB accepted the ALJ’s recommendations with respect to all 15 ballots. Consequently, on May 17, 2005, the NLRB opened and tallied the ballots it had concluded were cast by eligible voters. The result of the count is that 341 part-time faculty cast ballots for representation and 331 cast ballots against representation. The NLRB has now certified the election results.

Two of the accepted challenged votes were cast by individuals who were not employees of the University: they were not paid by GW, did not receive W2 tax forms, and were not listed in the University’s database as employees. Rather, these individuals were employed by a third-party firm, independent of GW, which supplied their teaching services to the University. Therefore, these “suppliers” were not on the list of part-time faculty eligible to cast ballots. Despite that fact, the two individuals obtained ballots from the NLRB and cast ballots. Because the NLRB subsequently concluded that these individuals were eligible to vote, the University believes strongly that other individuals whose teaching services were obtained in a similar way should have an equal opportunity to cast their ballots in an election to determine whether they will be represented by Local 500.

The Service Employees has recently requested that the University begin to bargain with it on matters relating to part-time faculty. On June 29, 2005, the University responded to the union, explaining that we believe the NLRB’s certification of the election results is flawed because including the ballots of the two “suppliers” in the count has the direct effect of leaving out all other individuals who teach at the University through similar arrangements. Because the number of such individuals in this category is greater than the slim 10-vote difference in the union’s favor, the votes of these individuals would be determinative of the election results. The University, therefore, cannot recognize Local 500 as the certified representative of the part-time faculty and will not begin to negotiate with the union. The University believes that all eligible part time faculty, as the NLRB has interpreted eligibility, should now be allowed to cast ballots.

To reiterate, the NLRB, by concluding that these two individuals, who did not meet the eligibility criteria required to vote in the election as stated in the stipulated agreement under which the election was conducted, were eligible to vote, has in fact made a larger group of similarly situated individuals eligible to vote. This larger group has not been provided a full and fair opportunity to cast their ballots, and until that issue has been resolved, the University does not believe it is appropriate to negotiate with Local 500. This decision was not reached lightly. But, this is too important of a matter to the part-time faculty – indeed, to the entire University community – to have it decided without extending to all eligible faculty the opportunity to have their voices heard.

You will likely hear more about this matter in the coming weeks. I encourage you to consult this Web site on part-time faculty unionization (www.unionization.gwu.edu) and to submit any questions you have through the “Your Feedback” section of this site.