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?
5 Things You Should Know
The Process
The Service Employees International Union (SEIU) sent CFHW a letter demanding recognition and to skip the election process. CFHW filed a petition with the National Labor Relations Board (NLRB) - the federal agency responsible for labor laws - to ensure an election took place. The NLRB will determine at a hearing when the election will take place. Once we know the date(s), we will let you know.
Secret Ballot
The election ballot is anonymous. CFHW won't know how you voted. SEIU won't know how you voted. And, most importantly, the SEIU organizers won't know how you voted.
Speak Up
We understand that the SEIU has been telling employees that they "will get in trouble” for talking about the union. This is false. Employees have a right to speak to CFHW about the SEIU and the upcoming vote. Employees will NOT be disciplined for supporting unionization, nor will employees be disciplined for not supporting unionization or asking any questions about this process. We encourage open debate and opinion on the topic of unions, as required by the NLRA.
The Vote
An NLRB election is determined by the majority of eligible voters that actually show up to vote. The most important thing is that you vote. You will be bound by the outcome of the election, whether you vote “yes” or “no” or choose to not vote at all. Please make sure your voice is heard.
No Opt-Outs
You will be represented by the SEIU, whether you vote or not - and the terms and conditions of your employment will be controlled by what is negotiated in the union contract.
Please make sure your voice is heard. Vote!
Questions to Ask SEIU Local 105
If the union organizer asks for a commitment from you, ask them for a commitment from the union and get it in writing.
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Will the union guarantee a raise that will cover the cost of my union dues? |
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Will the union increase the supply of providers, dentists, hygienists, and other classifications in our areas? |
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Will the union guarantee that I will not be furloughed or laid off? |
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Will the union guarantee increased staffing levels and reduced workloads for all classifications? |
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If there’s a strike, can the union promise I won’t be asked to stop caring for patients, even if the strike lasts a long time? |
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If the union calls a strike, will the union guarantee I’ll be paid my full wages during the strike? |
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FAQs- What May Happen if a Union Comes In
Would all employees be represented by the union?
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.
Couldn't we demand to get a contract faster?
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.
Could employees end up with less?
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.
How do I know if we will get what the union is saying we will get?
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.
Would we get regular annual increases while the union and Clinica are in contract negotiations?
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.
If I have an issue, I can call my manager any time and they will respond. Couldn't I do that with a union?
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.
Would I have to pay dues if I vote against the union?
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.