Understanding labor union representation starts with addressing the most common questions about the process and its implications.
Click the questions below to see the answers. If you have a question, please ask here.
General
A union is a business. All businesses require revenue. For a union, its primary revenue sources are member dues and fees. Members pay for the union to negotiate a collective bargaining agreement, also known as a labor contract. Even though members pay for this service, unions are not required to uphold promises made during a campaign.
A union may make any promises it likes during a campaign, but it cannot guarantee that wages, benefits, or the terms and conditions of employment will improve. No one knows what will be in a collective bargaining agreement in advance, and neither party is required to agree to the other’s demands during bargaining.
The union cannot guarantee that things will only improve. You may end up paying dues whether or not you like the terms negotiated in the labor contract.
Once elected, it’s a difficult and lengthy process to decertify or remove a union, regardless of whether you like the terms negotiated. There are specific timeframes when you can attempt to remove a union. Also, employers are not legally allowed to help employees with this process. The union uses member dues to pay for “representational activities,” which can include dissuading employees who want to leave from doing so.
Authorization Cards
A union authorization card or petition – also called a “union card” – is a legal document that potentially can give a union the sole and exclusive right to speak and act on behalf of the employees in all matters regarding wages, benefits, and terms and conditions of employment at SSM Health.
No. But it is the first step toward unionization, and that is why we suggest you carefully think about what signing a card/petition means.
Union organizers and employees who support them can be extremely persistent and aggressive. We want you to have the facts about your legal rights. Federal law provides employees with:
- The right to sign or not sign a union card
- The right to campaign for or against the union
- The right to not be bothered by union supporters while you are working or in patient care areas
- The right to talk or not talk to a union representative if you are contacted at home or approached on your way to/from work
- The right to tell union organizers you are not interested
- The right to say “no”
The union can do several things with a signed authorization card/petition.
- If the union gets 30% of employees in a bargaining unit (employee group) to sign cards, the union could go to the National Labor Relations Board (NLRB) and file a petition for an election in which employees vote to determine whether or not they want to be unionized.
- If the union gets enough signatures on a petition or signed cards – typically, a majority of the employees the union wants to represent it – it can demand SSM Health recognize it as the bargaining agent for all the employees in certain unit or units. Under this scenario, you could become unionized without a secret ballot election.
- The union can keep the card because it’s valid for at least one year from the day it’s signed. (Organizers also may ask employees not to date the card, which means the signed card remains valid longer.)
- The union may use it to send you mail, to call you at home or to visit you at home.
Authorization documents can take many forms and generally look harmless.
- Hard copy cards may resemble a magazine subscription renewal card.
- Petitions may look like a normal piece of paper often with very small writing outlining the legal obligations that come with signing.
- Some authorization documents are simply online forms that ask you to click on “I agree.”
Regardless of their appearance, however, a signed authorization card is a legal power of attorney that authorizes a union to act as the collective bargaining agent for you and other employees in negotiations with the employer. The documents also provide the union with personal information, including a home address and telephone number so the union representatives can contact you or visit you at home. The card may ask what department you work in and the type of work you perform. The NLRB requires only a signature and date on authorization cards; it is the union that wants the additional information about you that is requested on a card.
Signatures on union authorization documents can be gathered in a number of ways including:
- Going to your home and asking to come in and speak with you
- Online and through texts and emails
- Waiting for you as you leave work
- Approaching you and other employees in SSM Health facilities while at work, in the break area or in the parking garage
- Through meetings purported to offer professional education credits
- Through sign-in sheets at informational meetings
- Through co-workers who support the union
- Through flyers sent to your home with cards attached
Signing a union authorization card, petition or online form does not guarantee anything. If a union were to be voted in, the only thing it can do is negotiate on behalf of those it represents. In contract negotiations, you could end up with more, the same or less than you currently have. No one can predict the outcome of union contract negotiations.
An employee who signs a card and then later changes their mind has every right to ask for the card back, and to rescind their authorization of union representation by sending a letter via certified mail to the union’s local office. It is also a good idea to send a copy to the National Labor Relations Board regional office as well, so that they know that the employee has revoked the authorization and requested that the card be returned. An employee also can attempt to revoke the card by asking the person the card was given to, to return it.
Collective Bargaining
Collective bargaining is the back-and-forth process between a union and an employer to try to reach an agreed-upon labor contract, also known as a collective bargaining agreement. If a union is elected, the union will collect dues and/or fees from you in exchange for managing this process on your behalf.
According to an analysis by Bloomberg Law, it takes an average of 528 days to reach a first-time labor contract in health care settings. There is no requirement that a contract ever be reached, and, for the entire duration of negotiations, companies are legally required to ‘maintain the status quo,’ meaning they generally can’t make unilateral changes to pay, benefits, or working conditions.
Both the union and the employer have a duty to bargain in good faith. However, the only topics that must be bargained are pay, benefits, and other terms and conditions of employment. These conditions include working hours, seniority, scheduling practices, promotions, transfers, and grievances. These topics are mandatory to discuss if one party brings them up.
No. Like most negotiations, the process is two-sided and neither side is legally required to accept the other side’s demands. SSM Health has the legal right to agree to or decline any union demand.
With collective bargaining, things can get better, worse, or stay the same. The National Labor Relations Board’s case law states: “Collective bargaining is potentially hazardous for employees, and as a result of such negotiations, employees might possibly wind up with less benefits after unionization than before.” (Coach and Equipment Sales Corp, 228 NLRB 441).
No. Collective bargaining occurs between the union and the employer. Each party may have a bargaining committee. The union’s bargaining committee could consist of a few members of the bargaining unit. These members can push for the union to focus on their priorities, even if they don’t align with yours.
No. Once a union has been voted in and a labor contract has been negotiated, you cannot opt out of the contract – even if you don’t like the terms, never supported the union, voted no in the election, or don’t want the union.
Dues
According to SEIU Wisconsin’s bylaws, dues are 1.65% of biweekly or monthly wages. The most recent annual financial filing with the federal government, called an LM-2 report, SEIU Wisconsin charges members up to $160 per member per month. Click here to calculate your estimated monthly dues.
The union determines the amount it charges members and has the right to increase dues at any time. Dues amounts are not negotiable, and SSM Health would have no say in what the union charges you.
Typically, when a union is newly elected, members will be required to pay dues once a collective bargaining agreement or labor contract is reached.
While it is entirely up to the union, it’s not uncommon for unions to waive initiation fees for current employees. However, it is likely that the union would charge new employees this fee, which could hinder our recruitment efforts.
Yes, unions usually have a constitution and bylaws that members are required to follow. Violating the rules outlined in those documents can result in additional fees, fines, penalties, and assessments beyond monthly union dues. Before considering whether or not to support a union, it’s important to read those documents carefully, so you are aware of the rules you would be expected to follow.