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Staff Unionization at American University Student Affairs, Office of Information Technology and Office of Communications and Marketing

Some non-supervisory staff in Student Affairs, Office of Information Technology and Office of Communications and Marketing are seeking representation by the Service Employee International Union Local 500 (“SEIU”). They are proposing to join the existing SEIU staff union bargaining unit that currently represents non-supervisory staff in Academic Affairs, the Office of Enrollment, and the AU Museum. The National Labor Relations Board (NLRB) will hold an election to decide whether staff in those units will be represented by SEIU.

AU's staff are an integral part of the university’s academic mission, and the university respects their right to decide whether union representation is in their best interest. AU encourages all non-supervisory staff in Student Affairs, Office of Information Technology and Office of Communications and Marketing to:
1.   become knowledgeable about what unionization would mean for your role,
2.   consider the pros and cons of union representation; and
3.   make an informed personal decision regarding your vote in the election that will be conducted by the National Labor Relations Board.
4.   Participate in the election.

The outcome of the election will be decided by a simple majority of the ballots cast, even if only a minority of eligible staff members vote. For example, if the proposed bargaining unit has 200 employees but only 100 of them vote in the election, as few as 51 staff members could decide the status of unionization for all 200 staff.
Joining a union means that the SEIU, and only SEIU, would be empowered to negotiate with the university on behalf of all bargaining unit members about all terms and conditions of employment, including wages, benefits, working conditions, complaints, grievance procedures, etc.

Background Information

This background information about unionization and unions at American University is provided for staff within the proposed bargaining unit, which is limited to non-supervisory staff below the level of Associate Director in Student Affairs, Office of Information Technology and Office of Communications and Marketing. The information is intended to support employees in making an informed choice about their vote when the National Labor Relations Board (NLRB) holds an election for representation in the SEIU Local 500.

A union is a private organization that represents a group of employees in their dealings with their employer. The group of employees the union represents is called a “bargaining unit.” The union negotiates with the employer over terms and conditions of employment, such as wages, benefits, work schedules, grievance resolution, and career advancement opportunities.

Currently, SEIU Local 500 represents staff in the Provost and Enrollment Divisions, adjunct faculty, and graduate assistants. SAG-AFTRA represents content creators at WAMU. 

American University respects our employees’ right to organize. We have worked to build productive relations with the unions that currently represent AU employees and have successfully negotiated multiple contracts that support the interests of employees and the university.

SEIU Local 500 filed a petition with the NLRB for an election based on interest from the potential bargaining unit members. The petition was filed on April 29, 2024.

The National Labor Relations Act (NLRA) grants employees the right to form, join, or assist labor organizations, or to refrain from participating in such activity. It sets out what employees are covered by the law, how the parties must participate in the bargaining process, and puts the NLRB – an independent federal agency – in charge of enforcing the law. The NLRA applies to all organizations whether or not there is currently a union at that organization, and states that neither an employer nor a union may interfere with, intimidate, restrain, coerce, or discriminate against an employee because the employee has exercised rights granted under the law or refused to do so.

Employees have the right to organize, form, join, or assist any employee organization. They have the right to bargain collectively or engage in concerted activity for collective bargaining. They also have the right to refrain from engaging in any of these activities    although if a union wins an election, all the members of the bargaining unit, whether they voted for, against, or didn’t vote at all, are covered by the terms of any collective bargaining agreement negotiated by the union, whether or not they choose to join the union.

Absolutely not. The university recognizes the right of staff to engage in concerted activity to advance their common interests. Under no circumstances will the university take adverse action against a staff member for exercising those rights. Federal law also protects individuals from retaliation for their advocacy either for or against unionization.

To petition the NLRB for an election, the union must demonstrate a “show of interest” by getting signatures asking for representation from at least 30 percent of the employees in a potential bargaining unit. Typically, unions wait until they have signatures from more than 50 percent to be sure of winning the election.

Staff have a federally protected right to oppose unionization. If you do not want to be represented by a union, make your voice heard by voting your preference in the union election. 

If there is a unionization election, it will be decided by a simple majority of those who cast ballots, even if only a minority of staff members vote. For example, if the proposed bargaining unit has 200 employees, but only 30 of them vote in the election, the majority vote of those 30  will determine the status of unionization for all 200. In this example, the “yes” vote of 16 staff would decide the election for staff covered by the bargaining unit. 

Staff within the proposed bargaining unit would be covered by the collective bargaining agreement currently in place for staff in the Provost and Undergraduate Enrollment Divisions. The collective bargaining agreement currently is limited to non-supervisory staff below the level of Associate Director in the Provost Undergraduate Enrollment Management and the AU Museum divisions. As a part of this unit, staff will be represented by SEIU Local 500, an outside organization, for purposes of negotiating a uniform set of employment terms and conditions, including pay, benefits, promotions, and grievance resolution.

Currently, staff that are not represented by a union can communicate directly and individually with the administration regarding working conditions and can also work with their manager, unit leadership, Human Resources, Staff Council, and the Benefits Advisory Project Team to address matters involving terms and conditions of employment. 

A union would create different structures for the represented staff. Contracts would be negotiated by bargaining committees composed of union members. The concerns of staff in the bargaining unit members would be channeled through union representatives and a labor-management committee composed of union members serving in these roles in addition to their AU jobs. Problems and concerns regarding terms and conditions of employment would be addressed through these new structures. Members of the union pay dues every paycheck, and those who choose not to join still pay a fee to the union for this representation.

Under the existing collective bargaining all employees in positions in the bargaining unit are required to either pay dues or an agency fee. An agency fee is a fee paid to the union to cover their costs of representation including salaries and expenses for union personnel (who are not AU employees). Per the existing contract, failure to pay dues or the agency fee will result in termination of your employment. Below are the current rates for this bargaining unit.

Bargaining Unit: AU Staff

union dues (2024 Dues) and agency fee (AF Rates)
Pay Schedule Annual Salary is: 2024 Dues AF Rates
Bi-weekly More than $16K $18.46 $16.38
Bi-weekly $5500 - $16K $16.15 $14.33
Bi-weekly Less than $5500 $9.23 $8.19
Monthly More than $16K $40.00 $35.50
Monthly $5500 - $16K $35.00 $31.06

 
If you have questions or regarding staff unionization, email laborrelations@american.edu.  

Election & Collective Bargaining How an Election and Collective Bargaining Work

This information about union elections and collective bargaining is provided for non-supervisory staff within the proposed bargaining unit, to make an informed choice about voting if the National Labor Relations Board (NLRB) holds an election for representation by the union.

Typically, supporters of the union will ask colleagues to sign authorization cards declaring their support for the union to represent them exclusively in negotiating the terms and conditions of their employment.

A union that claims to have a “showing of interest” in a proposed bargaining unit will then file a petition with the National Labor Relations Board (NLRB) seeking to represent a specified bargaining unit. If the NLRB finds the unit appropriate and determines that at least 30% of all staff within the proposed unit have signed an authorization card, it will process the petition and call for an election.

The NLRB will run a secret ballot election. All members of the proposed unit would have the opportunity to cast a "yes" or "no" vote in favor of or opposed to being represented by the union. It is important to note that signing an authorization card in support of the petition does not make you obligated to participate in the election or to vote in support of or against union representation.

If a majority of the voters who cast a ballot vote to unionize, the union will exclusively represent everyone within the unit, including those who vote no or did not vote at all. It is therefore possible that a small number of staff who participate in the election could dictate the outcome for everyone. The University encourages all staff members to make their voices heard by voting.

If the union is approved in the election, staff members in a bargaining unit cannot opt out. All eligible employees in the bargaining unit are covered by and subject to the union agreement. 

If a majority of the voters who cast a ballot vote to unionize, the union will exclusively represent everyone within the unit, including those who vote no, or did not vote.

It's important for staff who would be impacted to explore the facts about unionization, take a position, and vote.

If you have questions or feedback for American University regarding staff unionization, email laborrelations@american.edu.

Staff & Manager Guidelines

This guidance is provided for staff and managers of staff who are seeking to join the existing SEIU Local 500 unit covering AU staff in the Provost and Undergraduate Enrollment divisions and AU Museum. This includes non-supervisory staff in Student Affairs, Office of Information Technology, and Office of Communications and Marketing.

You have the right to tell them your position or to simply refuse to talk with them about the issue. You can ask them to stop approaching you, pressuring you, or disrupting your workday. If they refuse, you should report it to your supervisor or Human Resources. Harassment or disruptiveness is not an acceptable organizing technique.

Yes. The university’s primary goal during this process is to foster a civil, informed discussion that allows staff to make a free and informed choice about union representation. Sharing your opinions and viewpoints with your colleagues is vital toward achieving this goal.

While the university encourages open and candid conversation and diverse perspectives, you have the right not to discuss the matter. You are free to exercise your right not to engage in the discussion and to express this position to your co-workers or any else who tries to engage with you on this topic.

Union organizers and supporters are not allowed to interrupt work in order to advocate for unionization, so they should not be engaging in organizing activities during regular working hours. They can organize before or after regular working hours or during breaks.

The University is required to provide contact information (including personal email addresses, home addresses and phone numbers, and cell phone numbers) regarding employees in the proposed bargaining unit.

However, you have the right to tell them you do not want to discuss it. Just as you have a right to freely express your views about unionization, you have the right to refuse to engage in a conversation with union organizers or anyone else about your views on unionization. If you feel that a union organizer has acted in a way that makes you uncomfortable, you should reach out to your supervisor or Human Resources at laborrelations@american.edu for support.

Manager’s Do’s and Don’ts

What Managers Can Say

Facts

It’s legal to share publicly available facts from the NLRB, unionfacts.com, and other reputable sources.

Opinions

It’s legal to share why you feel a union is, or is not, needed for employees. 

Managers may:

  • Correct inaccurate statements you hear or read.
  • Listen to a staff member who comes to you freely to talk about the union. Be mindful not to threaten, interrogate, or make promises.
    • Explain that they would give up the ability to talk directly with you about wages, benefits, complaints, promotions, or other terms and conditions of employment.
    • Explain the realities of collective bargaining:
      • Negotiations may impact all the terms and conditions of employment, including wages, benefits, workplace schedules, workplace complaints, and other processes.
      • Negotiations are a give-and-take process in which neither side is likely to get exactly what it wants without giving something else up.
      • Neither the university nor the union are obligated to agree to what the other proposes.
  • Tell employees that dues or fees are a part of being in the bargaining unit.
  • Remind staff they may not use AU resources and time on organizing activities.
  • Report to your department head or HR if you see disruptions in the workplace.

What Managers Can't Do

Threaten

It’s illegal to threaten any action, such as disciplining an employee who engages in union organizing or closing a unit or office if the employees vote a union in.

Interrogate

It’s illegal to interrogate employees about their opinions on unionization or their union activities.

Promise

It’s illegal to promise benefits or pay increases to employees if they withhold support for the union.

Surveillance

It’s illegal to create an impression that the university is surveilling organizing activities (such as by attending or monitoring events which are not open to all absent an invitation or permission).

Managers cannot:

  • Pressure employees to vote either way in an election. It’s a personal decision.
  • Make negative comments about employees who want a union (or those who oppose the idea).
  • Ask employees about their position, or the position of their fellow employees, regarding    the union.
  • Ask about the status of the unionization effort.
  • Stop employees from engaging in organizing activities during non-work time.

We encourage every staff member to:

  • become knowledgeable about what unionization would mean to non-supervisory staff in the proposed divisions,
  • consider the pros and cons of union representation,
  • make an informed personal decision, and
  • vote in an election conducted by the National Labor Relations Board.

If you have questions or feedback for American University regarding staff unionization, email laborrelations@americn.edu.