“Why not just give the union a try?”
Why Can’t Faculty Just Try Out the Union?
Once a union is voted in, it can be difficult to remove the union, even if a majority of members become
dissatisfied with the union’s representation. Under the National Labor Relations Act, employees may
request a special “decertification” election to vote out a union. However, that is not easy. Employees
must have 30% or more of the bargaining unit sign a “showing of interest” in decertification. The employer
is prohibited by law from being involved at all in this petition process—the effort must be entirely
employee-driven.
Decertification petitions are common but often unsuccessful.
Unless and until 30% of the employees sign a decertification
petition, the union is there to stay indefinitely, regardless of
how active or beneficial it is to employees. In 2015, more
than 400 decertification petitions were filed nationally against
unions, but only 106 of those resulted in union decertification.
Unions aggressively resist decertification, and they have
significant resources to put toward that effort.
Union Decertification Petitions (2015)
Union
succeeds
Petitioning
employees
succeed
74%
26%
The Union Will Use its Voice at the Table to Defend Its Interest
Unions are wholly reliant on members’ dues, and they often react very aggressively when unit members
are involved in a decertification petition process. SEIU’s Constitution clearly states union members can be
tried for “[g]ross disloyalty or conduct unbecoming a member” and the Union may “impose such penalty
as it deems appropriate.” SEIU Constitution, art. XVII, sections 1(3) and 5. That usually comes in the
form of fines, expulsion, or reduction in benefits and privileges.
How a Vote Now for the Union Would Lockout a Free Choice for other Future Faculty
Once established as employees’ representative, a union enjoys a continuing presumption of majority
support, even if that is no longer a reality. On the other hand, if faculty vote “No,” and allow MCAD
leadership to continue to work directly with them and others to improve their satisfaction at MCAD, the
faculty could vote again on the union issue in as little as 1 year.
If the majority votes NO, a union can
petition again to represent faculty in as
little as 12 months.
If the majority votes YES, the faculty
will be taking an indefinite gamble on
the Union.
Vote “NO” to allow MCAD leadership to continue to work directly with faculty on faculty issues
For more information related to potential unionization at MCAD visit the following web site:
http://intranet.mcad.edu/mcad-unionization-faq