These are some Frequently Asked Questions about unions, union campaigns and union representation. Click on each section to see a variety of questions and answers about that topic.
To ask your own question, or to see the answers to questions your fellow associates have asked, go here.
Union Organizing at Videojet
Are Videojet sales professionals going to be represented by a union? Most of you are aware that some Sales Engineers have been working with the International Association of Machinists and Aerospace Workers (IAM) on efforts to unionize the sales team. The Company and many members of our sales team do not feel that a union is the best path forward. We have received a lot of questions from our sales team about how this situation could impact you. The following is intended to answer what we believe are the most frequently asked questions about this issue. As always, if you have further questions, we are happy to provide information.
Should I sign (or click submit) a union authorization card? You have the right to sign a card or not sign a card. If you do not want a union here, signing or clicking submit on a card can be risky because:
1. The card expressly gives the union your authorization to represent you
2. You are giving the union a lot of your personal information
3. The card can be used by the union to demand representation without an election (if enough sign/click)
4. If an election were to be held, the outcome for all would be decided only by those who actually vote. In that case, those favoring the union might be most likely to vote while others might not be as motivated. Regardless, the outcome would bind everyone—even those who voted against the union or did not vote. So, elections don’t always indicate the true preference of the majority of all associates in the bargaining unit- just those who end up voting. Sometimes, elections outcomes are determined by a one vote margin.
Will we have a vote on whether we want to be represented by a union? That depends. If the IAM does not obtain at least 30% of the bargaining unit members’ signatures (or digital “clicks”) on authorization cards, the union does not have enough support to move forward. However, if the IAM obtains at least 30% signatures or clicks, it can file a petition for representation and ask the NLRB to schedule a secret ballot election process to determine whether Videojet’s sales associates are unionized.
If the IAM obtains more than 50% of the members’ signatures/clicks, it can request the company recognize and bargain with the union without an election. In that case, the company has the option of accepting the union as representative of ALL members, or filing its own petition with the NLRB for a secret ballot election to determine the representation issue.
Does the union win by getting a majority of the associates in the proposed bargaining unit to vote for unionization? No. A union election is determined by the majority of those that vote, not the majority of potential voters. That means that if the proposed bargaining unit consists of 50 Sales Engineers and 10 National Account Managers, and only 20 associates vote, the union would only need 11 yes votes to unionize all 60 associates.
What is a bargaining unit? The term bargaining unit refers to the classification or classifications (i.e., Sales Engineers and National Account Managers) that could be considered as a single unit of associates represented by a union for collective bargaining.
Who determines what positions are part of the bargaining unit? The composition of a bargaining unit is decided by the National Labor Relations Board (NLRB) based on whether the associates in the proposed unit share a community of interest, generally related to similar work and working conditions.
If the sales team is ultimately unionized, can I opt out and continue negotiating my own terms and conditions of employment? No. Even if you live in a state where mandatory union membership is illegal (called Right to Work States) you are still considered a member of the bargaining unit and it would be illegal for us to negotiate directly with you. The union negotiates and can make binding decisions on behalf of all members of the bargaining unit.
What does it mean that mandatory union membership does not apply to me if I live in a Right to Work State? It just means that a union contract cannot contain a provision that requires you to pay union dues in order to keep your job. If you do not live in a Right to Work State, any union contract could require dues payments as a condition of ongoing employment at Videojet. Unions normally want a provision like this in the contract to maximize their revenue and support. Anyone not required to pay dues by their state law or contract provisions would be permitted to pay dues if they so desired but if they chose not to, they would likely not be able to vote on the union contract or hold union office. Any potential collective bargaining agreement would still apply to all associates in the bargaining unit, regardless of whether they are dues paying members.
I’ve heard that the union is making promises. Why shouldn’t I vote for the union based on those promises, and why isn’t Videojet making me any promises to try to win my vote? You have the right to vote as you wish but you shouldn’t vote for the union based on promises– because the union can’t guarantee that its promises will come true. The union’s promises will never come true unless Videojet agrees to them. As for Videojet, the law doesn’t allow us to make promises to get your vote. Those are just the rules, and we have to follow them.
Are you saying Videojet wouldn’t have to agree to whatever the union promised us? That’s exactly what we’re saying. If the union wins, we’ll have to meet with them, consider their requests, make our own proposals, and try to reach an agreement. But we wouldn’t have to agree to anything we don’t want to do . . . and we certainly wouldn’t agree to anything that’s not in the best interest of Videojet and you.
Wait. Isn’t there a standard “union contract” that we get if the union wins? No, that’s not how it works. The union probably wants you to think that, but it’s not true. Every employer is different, and every employer has the right under law to negotiate for what it wants.
Okay, so how long will it take to negotiate a contract if the union wins?
A: Who knows? On average, it probably takes somewhere between one and two years. Sometimes less. Sometimes more. And sometimes, the two sides never get an agreement — especially if the union wins an election based on promises it can’t deliver.
So what would happen to our compensation structure while the union and Videojet are negotiating? During negotiations, Videojet wouldn’t have the right to make any changes on its own to your compensation structure, including enhancements. The law says we would have to keep everything “status quo.”
But once we get a contract, our economic package will definitely go up, right? Don’t you just start with the compensation structure you have and go up from there? No. Nothing is guaranteed in collective bargaining, including current wages and current benefits. You wages and benefits could go up, could remain the same and can even go down. Collective bargaining can be a risky process.
So how could our wages and benefits go down during union negotiations? Everything is up for negotiation, so the union can use your wages and benefits as bargaining chips. To get the things it wants, the union could trade away some of your wages and benefits. Likewise Videojet might find that a union contract costs more in other ways and may need to modify the overall compensation structure to ensure continued viability and competitiveness. Such modifications could include reductions to pay or benefits. And, union dues usually come straight out of members’ paychecks, so you have to factor in those reductions.
Questions about union organizing.
What is a union organizer? Unions generally employ a staff of representatives who function as “organizers.” Organizers are paid by the union to organize (that is, unionize) groups of associates or entire companies.
Am I under any obligation to talk with a union organizer? No. There is absolutely no obligation for you to talk with a union organizer.
The union organizer “promised” me an increase in wages and benefits. Can an organizer guarantee that my wages and benefits will improve under union representation? No. Union organizers are in the business of organizing workers. You can expect them to make promises about wages and benefits—and other issues—to get you to attend a union meeting or sign a union authorization card. If an organizer promises a particular benefit, ask for that benefit in writing. It is highly unlikely that any organizer will be willing to put in writing any of their promises.
Why would union organizers make promises when, in reality, they are under no obligation to make good on their promises? Unions are a business like any other. They generate income through union dues. Union organizers have one task and that is to organize workers so the union can obtain increased income, i.e. more union dues. These organizers will often tell you what they think you want to hear to get you to attend union meetings and vote for the union. If a union representative makes promises, ask for those promises in writing.
What are my rights during an organizing campaign and election?
If I signed an authorization card, do I have to vote for the union if there is an election? NO! Even if you signed a card, you can vote however you like in an election. The election is a secret ballot process. You do not sign the ballot and no one will know how you voted unless you tell them.
If I want to attend a union meeting, can I? Yes. It is your choice to attend – or not attend – a union meeting. Our hope is that you will not be interested in such meetings, but it is absolutely your choice and your right to attend union meetings if you want to. However, if you feel you are being threatened, intimidated, or harassed to attend a meeting, let your leader know. This is unlawful and you do not have to tolerate that type of treatment.
Can I oppose the union? Yes! You absolutely have the legal right to oppose the union. You also have the right to let other associates know your opinion and can voice your opinion in appropriate ways.
Will I lose my job if I vote for the union? No. We believe that having a third party, including unions, between our associates and leaders is absolutely unnecessary, but where associates have chosen such representation, or been required by law to do so, we will pursue an honest, business-like approach in working with those representatives.
What kind of power does a union have?
Can a union prohibit our company from disciplining an associate who violates company rules? No. All associates are expected to comply with company policy, practice, and work rules. There are standards and expectations for all associates – regardless of whether associates are organized or union-free.
Can a union have a member of management removed because the union or associates think the manager is unfair? No. The company decides who its leaders are and where they will work, and does so fairly and honestly. Unions generally do not have a say in staffing, assignment or management of associates.
Can a union guarantee me job security? No. We set the strategic direction for the company – including decisions on employment levels, product development and product sourcing – with the long-term goal of returning shareholder value and maintaining global competitiveness. True job security for our associates comes when we are able to meet those two goals – not as a result of any union contract.
What does it mean for a union to become my “exclusive bargaining representative”? It means the union would become your exclusive agent and spokesman in dealing with the company concerning all terms of employment. If the union is ultimately named as the exclusive bargaining representative, the individual associate loses the right to deal with his/her employer for him/herself concerning pay, benefits, and terms and conditions of employment. The employer must deal only with the union. If the associate chooses to address individual issues with the company, the union has the right to be present and any solution cannot violate the terms of the union contract. See more about representation and collective bargaining here
How does voting work, and what happens after the election?
Will anyone know how I vote in the election? Not unless you tell them! Under current labor law, the election is a “secret ballot” election conducted by the National Labor Relations Board.
Do I have to vote if there is an election? No, you are not required to vote. However, the outcome of the election could have a tremendous impact on your job and working environment. It is your choice, but if you care, you should consider voting.
How is the outcome of the election determined? The outcome of the election is determined by the number of votes actually cast, not the number of associates eligible to vote. That is why your vote is so important. The winner must have a simple majority. That’s 50% plus one of the votes cast. For example, if 20 associates vote, only 11 have to vote for the union for it to be successful in the election, and obtain the right to represent all bargaining unit associates.
If there is an election, is there a minimum number of associates who must vote for the election results to count? No. A majority of the associates voting determines the outcome. For example, if there are 60 associates in the bargaining unit, and only 20 of them decide to vote, the union can win the election if just 11 associates vote for the union. In that scenario, the union then becomes the collective bargaining representative for all 60 associates. See this page for more details.
If the union wins the election, which associates does it represent? If the union wins the election, it will represent every employee in the bargaining unit who is eligible to vote. Not only does it represent those associates who voted for the union, it also represents those who voted against the union, as well as those who failed to vote. That is why elections can be risky.
If the union wins the election, do I have to join the union? That depends. If you are not in a “Right to Work” state, the union may try to negotiate with the company to require all associates to join the union and pay union dues or be terminated. If you work in a “Right to Work” state, you cannot be forced to join the union as a condition of employment, but you would likely be pressured by union members to pay dues or be labeled as a “freeloader”. Non-members do not usually have the right to vote on union contracts or have a say in selecting their union officers and representatives.
Questions about dues, fees and other assessments.
Does it cost money to be a member of a union? Yes. In fact, over a period of time it can cost a great deal of money. Unions survive on the money they receive from their members in the form of dues, fees, fines and assessments. That is why unions want you to become a member. Union dues vary in amount from union to union. Generally, monthly dues are equivalent to two hours of pay. Think of it as working for the union the first two hours of every month; only they get paid for your labor, not you.
Can unions raise their dues without a vote? Under many unions’ rules, the union has the right to automatically raise dues annually or at their discretion (without employee vote). See more on this page.
How is the amount of union dues established and what would that money be used for? The union determines the amount of dues and fees. The union would also determine how your dues are spent. You should be aware that, with members’ consent, some of your money could be used to support political candidates of the union’s choice (regardless of whether you agree with the candidate).
What are initiation fees? An initiation fee is the initial cost charged by a union to the employee for the “privilege” of joining a union. This amount can vary significantly.
What are union fines? Fines are charged against members by unions for violations of rules of the union constitution and bylaws. Under some unions’ rules, you may be fined for crossing a picket line, disrupting a union meeting, or for “conduct unbecoming a union member”. When a union member is found guilty of having committed an offense, many unions “discipline” members by fining them for the offense and taking away their voting privileges.
What are assessments? Assessments are the “extra” costs of unionization that associates may be required to pay. They are expenses over and above the payment of normal dues, fees and fines. The most common reasons to charge members assessments are for strike funds and to help the union with its operating costs. These fees are not voluntary and must be paid in order to remain a member in “good standing.”
What is “check-off”? “Check-off” is a procedure whereby union dues, fees, fines and assessments are automatically deducted from the employee’s paycheck and given to the union before any wages are paid to the employee. Generally, this is the first item the union tries to attain in contract negotiations. Unions have been known to forego demands for greater associate wages and benefits to obtain “check-off.”
Questions about the collective bargaining.
Is it possible an agreement between the union and the company could result in less wages and benefits than I currently have? Yes. There is absolutely no guarantee that the union will negotiate any improvement in your wages and benefits. In fact, you could get more, you could get the same, or you could get less. If a union organizer promises better wages, ask for the promise in writing. It is highly unlikely that they will give you one.
If the union and the company are not able to agree during bargaining, what will happen? There are typically two options: (1) leave things the way they are; or (2) strike. Under current law, there is no guarantee that the union and the company will arrive at an agreement and sign a labor contract. It is possible for a union and a company to continue operations without a contract for years. Regardless, you could be responsible for paying dues, fees, fines and assessments.
Can the union “fix” anything or “force” the company to do anything? No. By law, the company does not have to agree to any union demands.
Questions about strikes.
If a strike is called, does the company continue to pay wages and benefits to striking associates? No. Once a strike begins, all wages stop. You may retain some benefits, but this is not guaranteed. Once a strike is over, you do not get back-pay for the time you were out on strike. In addition, it is possible that accrual of credited service will be suspended during periods of strike activity.
Can I collect unemployment compensation while on strike? When striking over economic conditions (wages and benefits), most states do not allow associates to collect unemployment compensation.
Does the union provide strike benefits? Some unions provide strike benefits while others do not. Providing strike benefits is purely at the union’s discretion. The amount of strike pay is usually a small portion of employee’s normal pay.
If I go out on strike, can I be replaced? Yes, if the strike is an economic strike (over wages and benefits). In those circumstances, you can be permanently replaced if the company determines they need to hire replacement workers.
Can I come to work if I decide I do not want to strike anymore? Yes, provided you have not been permanently replaced, you can always choose not to strike and return to work. The union does not like it when union members “cross the picket line”, but it is your personal choice to work or strike. In addition, the union may fine members for “crossing the picket line.”
Can we get rid of the union if we decide representation isn't working?
If associates vote in a union and we change our minds, can’t we just tell them to leave? No. If you select a union to be your bargaining representative, that union does not have to leave your facility just because you change your mind. In fact, associates will have to wait at least a year after a union is voted in before they can even try to remove the union (a process called “decertification”). If a contract has been put into place, the waiting period could be extended to up to 3 years. The process of decertification requires another election. To be successful, the majority of those voting will have to agree that the union needs to go. In most cases, unions strongly oppose decertification efforts by associates.
If associates want to decertify a union, can the company help with the process and legal fees? No. By law, the company will not be able to help you with the decertification process or legal expenses associated with decertification. Associates would be responsible for navigating the decertification process on their own and paying for all legal costs relating to the decertification process.
Questions about right to work.
What does Right to Work mean? In a “Right to Work” state, no person can be required to maintain union membership as a condition of employment. In other words, the union cannot demand that an employee be fired for failing to pay dues or fees. Nonetheless, if a union is voted into a company, all associates in the bargaining unit are represented by the union – even those associates who choose not to be union members. As a result, the question of unionization is an important one — even in a Right to Work state.
If I am in a Right to Work state, why should I care about unionization or a union election, if I cannot be forced to join a union? There are many reasons why you should care. First, you should know that unions are currently trying to get Congress to take away all Right to Work legislation. If they get what they want, no states will have the power to enact Right to Work legislation and associates in unionized facilities could be required to maintain union membership in order to keep their jobs. Second, if your facility is unionized all associates in the bargaining unit are represented by the union – even those associates who choose not be union members.
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Get an insider’s perspective!
Joe Brock was literally born into the Teamsters union. His father was a top ranked union leader most of his life, and raised Joe on the picket lines and in the union halls. Joe eventually joined the ranks of union members, becoming an officer, a spokesman, and eventually the President of his large local.
Joe finally realized that the rhetoric he heard in the union halls and in organizing campaigns had very little to do with unions’ true agenda. Today, Joe works on behalf of workers across the country, giving them the inside scoop on how a union really operates, so that they can make an informed decision when it comes time to cast their vote in a union election.