Unions 101

Facts vs. Promises

Wondering what is true when you hear conflicting information about unionization? You should know:

Under the National Labor Relations Act, the law holds employers to a higher standard than labor unions during a union campaign.

Source: National Labor Relations Act, 29 U.S.C. §§ 151-169,
www.nlrb.gov/resources/national-labor-relations-act-nlra

Employers

  • Must stick to the facts
  • May not make promises to employees
  • May not make misleading statements
  • May not threaten negative outcomes if the union is elected

Unions

  • Are not legally required to tell the truth
  • May make promises to employees even if they cannot guarantee them
  • May make misleading statements to employees
  • May threaten negative outcomes for not signing a card or voting for the union

You should know:

The union is not held to the same legal standards for accuracy in communications with employees. Specifically, in key precedent-setting cases, the National Labor Relations Board has ruled:

Unions can promise wage increases, better benefits, and protecting what you now have during an election campaign, even though they have no power to guarantee those things because those promises are considered “mere pre-election propaganda.”

Shirlington Supermarket,. Inc., 106 NLRB 666 (1953)

Unions can tell employees that if the union wins the election, they can make more money, even if that is not necessarily true, because “employees generally understand that a union cannot automatically obtain benefits by winning an election but must attempt to achieve them through the collective-bargaining process.”

Thrifty Rent-A-Car, 234 NLRB 525 (1978)

Unions can issue “misleading campaign propaganda” because the NLRB does not think employees are “naïve” enough to believe all that they are told in the course of a union election campaign.

Shopping Kart Food Market, Inc..,228 NLRB 1311 (1977)

Ask yourself:

Can I believe the union’s promises?

A union may have asked you to sign an authorization card, and you likely have many questions about what a union is, what a union does and what it means to be represented by a union. Here are some answers to common FAQs:
Key Dates What Happens
What is a union?
A union is an organization that negotiates with employers on behalf of employees. A union is not a charity or social justice organization. A union is a business that survives only by collecting dues from its members. Unions employ people, pay salaries to employees, and have overhead expenses.
Why are union organizers so interested in organizing?
Unions continue to lose dues-paying members and they need more members to survive. The union gets its money from the dues it charges its members – fewer members means less money for the union. When the union needs more money, it has to either increase the dues its current members have to pay or it has to get MORE dues-paying members.
How do dues and union rules work?
A union member may be required to pay union dues, fees, and assessments, and must comply with the union constitution and bylaws. If a union member fails to obey the constitution and bylaws, they could be subject to fines. Union constitutions and bylaws often are over 100 pages of rules that would apply to you as a member.

Here’s some additional facts about the realities of union representation that the union may not tell you up front:

  • A union member is bound by whatever contract the union reaches with Clinica, regardless of whether the member was in favor of all of the terms reached in the agreement.
  • Union interests are not always the same as employee interests – in bargaining with an employer, a union may place things it wants, like the ability to take dues directly out of employee paychecks, above what the employees want.
  • Colorado is not a “right-to-work” state, which means you could be fired if the union negotiates a union security clause into the agreement. This is true even if you don’t support the union or are not pleased with their work representing you.

Questions to Ask SEIU Local 105

Unions are permitted to make promises during the campaign time, while Clinica is not. Before voting “yes” or signing a union petition or card, ask the union organizer for a commitment in writing about each of their promises below. They won’t be able to sign, because there are no guarantees in bargaining.

FAQs- What May Happen if a Union Comes In

All physical health employees at the Westminster, Thornton, Pecos, Lafayette, and Peoples’ clinics would be part of the legally appropriate bargaining unit. This includes the following roles: case managers, clinic operations specialist, clinic operation technician, pod support, medical assistants, enrollment specialists, medical records, referral case manager, behavioral health professional, behavioral health case manager, behavioral health care coordinator, dietician, nurses, nurse practitioner, physician assistant, physicians (family practice, OBGYN, psychiatrist). Per federal labor law, supervisors and managers are not included in a potential bargaining unit.

Federal labor law determines which job classifications are appropriate to be grouped together as a potential bargaining unit. These groupings are based on a variety of factors like job duties, requirements for the position, and patient interaction. Because federal labor law treats “office clerical employees” as a stand-alone group from employees that have a direct care focus, office technicians may not be included in this bargaining unit.

No. Federal labor law only requires that both sides negotiate in good faith. It does not require that the union and Clinica reach an agreement. If a union came in, collective bargaining might result in a contract or it might not.

Yes. That’s one possible outcome of bargaining. There is no “standard” contract or pre-determined outcome of negotiations. You may hear that bargaining is a gamble and that’s true. A contract could get you more, less, or about the same. It’s also possible that a contract could have something one employee supports while other employees oppose that same thing. Rules based on seniority for things like who gets time off during popular vacation weeks and/or holidays.

You don’t. What the union says during a campaign is not a guarantee and a union cannot guarantee the outcome of any proposal during bargaining. If anybody tells you they know the outcome of bargaining in advance, they either don’t understand the process or they are being untruthful. Questions to Ask the Union.

Federal labor law includes “the duty to bargain.” This means that as an employer, Clinica could not make certain changes unscheduled without bargaining with the union. Compensation changes are an example of a term of employment that must be negotiated. 

Yes, but the rules of engagement would most likely change. You could still contact leaders, but their ability to respond would most likely change. The union would be your “exclusive  representative.” That means that your manager(s) could not bypass the union and work directly with you to find solutions as they can today.

We can only tell you what is typical in a unionized organization like ours. Colorado is not a “right-to-work” state, so a union contract can require that employers deduct dues from your paycheck and even force them to fire employees who don’t or can’t pay. As a result, you could be required to pay union dues as a condition of keeping your job at Clinica – even if you did not want to be represented by the union.