Click on a topic:
Grievance Guide Discipline Guide
Negotiated Agreement Collective Bargaining Law
UNM Human Resources Policies Grievance Form
Click on a topic:
Union membership fair share & Union dues
disciplinary/grievance representation Union support for non-Union members
individuals negotiating contracts
Question: If I'm in the Bargaining Unit (BU), am I automatically a Union member?
Answer: No. Only BU employees who voluntarily join the Union and pay dues are US-UNM members with all the rights and benefits afforded them by law and the local. Contrary to malicious rumors, no bargaining unit employee pays US-UNM any money except through voluntary union membership.
membership has its privileges!
Question: Does the Union want to force all BU employees to become members and pay Union dues?
Answer: No. By law the Union cannot make anyone join the Union or pay Union dues. US-UNM encourages all BU employees to join the Union to ensure a highly democratic organization. If non-Union BU employees want to retain their "right to work" without having to join the Union but demand the same voice, protection, and benefits as Union members, then they should ask their employer to agree to a "Fair Share" clause in the contract. US-UNM believes that only through Fair Share will non-Union employees have the same workplace representation, protection, and benefits they deserve and Union members already enjoy. However, US-UNM has no intention of negotiating fair share during the upcoming contract talks.
For Your Information: Fair Share--What's it all about?
Union busters like to create a scare about "fair share." They do this by misrepresenting the truth and the law! Fair share is a long standing principle in labor law that enables unions to pay for the very costly comprehensive services they may be required to provide to all bargaining unit (BU) employees--if full servicing is something that is agreed to during negotiations.
A common misunderstanding is that Unions are required by law to fully service the entire BU--from negotiating contracts to representing employees during discipline proceedings. The fact is that only dues paying Union members receive full service from the organization they help fund through their membership. All other (non-dues paying) employees are represented without discrimination as to membership during contract negotiations. In other words, the Union cannot pick and choose from the bargaining unit for whom it will negotiate a contract--it must negotiate for the entire group. And that's where the legal obligation ends.
It is the policy of US-UNM to first service and take care of its members. However, we do encourage all employees to let us know about their workplace issues so that we can advise them about their rights under the contract. We are always happy to educate and inform employees about the procedures and protections we negotiated in the contract. Unlike some organizations, we believe that all workers need to be informed about their the legal rights, privileges, and protections. Without fair share, only Union members can be assured of the collective resources that will maintain these rights. Non Union employees are on their own to defend their rights--a costly price to be paid individually!
For your information, here is the law's definition of "fair share" from the Public Employee Bargaining Act, Section 4, Article J.:
"Fair share" means the payment to a labor
organization which is the exclusive representative for an
appropriate bargaining unit by an employee of that bargaining
unit who is not a member of that labor organization equal to
a certain percentage of membership dues. Such figure is to
be calculated based on United States and New Mexico statutes
and case law identifying those expenditures by a labor
organization which are permissibly chargeable to all
employees in the appropriate bargaining unit under United
States and New Mexico statutes and case law, including but
not limited to all expenditures incurred by the labor
organization in negotiating the contract applicable to all
employees in the appropriate bargaining unit, servicing such
contract and representing all such employees in grievances
and disciplinary actions.
What's important to remember is that fair share is not automatic, but negotiated between the Union and the employer, like any other contractual item. The Union does not force anyone to accept fair share; rather, where it is agreed upon it is done so in the best interest of all parties involved. Employees win because the services they receive from the Union are fully funded and maintained. The Union wins because we can better serve all employees and make their working lives more humane and dignified. And the employer wins because a better serviced and protected workforce is more productive and happier.
membership has its privileges!
Question: If I'm not a Union member, will the Union represent me during disciplinary proceedings or grievances?
Answer: Maybe. The Union is only obligated by law to represent all BU members as the collective bargaining agent for negotiating the terms of contracts with the University. Any employee has the right to use his or her own representative during discipline or grievance proceedings. Dues-paying US-UNM members have the advantage of Union representation, including free legal counsel in certain situations. In certain cases, where a BU member is fighting an issue that could affect all staff, we will take that fight on through the entire grievance process, even filing a Prohibited Practices Complaint with the Labor Board, as we did in 2005. If you need help with the grievance process or contract, we can advise you.
membership has its privileges!
Question: Will the Union do something for me, even if I'm not a dues-paying member?
Answer: Yes. US-UNM believes all employees have a voice at work through the Union. We encourage any BU employee to let us know about workplace issues and concerns. Also, we will provide BU members with a free copy of the contract upon request and we will gladly counsel employees about their contractual rights. Additionally, US-UNM extends an open invitation to any BU employee wishing to join the Union and become eligible to help negotiate and ratify contracts with the University.
membership has its privileges!
Question: Does the Union advocate merit pay?
Answer: Merit pay is different than a monetary award in that merit pay affects an employee's base pay. Any monetary amount added to base pay (unless an employee is promoted to a new position) is subject to collective bargaining, by law, to prevent employers from discriminating against employees, practicing economic favoritism, or providing unequal compensation opportunities to otherwise equally deserving employees of the bargaining unit. In other words, merit pay would have to negotiated for every member of the BU at once, which makes it a raise.
Historically, US-UNM and other labor Unions have fought long and hard against economic injustice—and the best weapon we have is to make all base pay increases the subject of collective bargaining, not sweetheart deals among a few “favored” employees and their supervisors.
However, the membership of US-UNM does want all meritorious employees to be rewarded for their hard work and dedicated service to the University. But we will only support a fair process in determining merit pay consistent with the negotiated agreement.
As the Union becomes stronger-- through greater membership-- we will be able to discuss with the University a wider range of opportunities for base pay increases and develop practical procedures for obtaining such increases.
membership has its privileges!
Question: Is the Union doing anything about BU jobs being excessively re-titled?
Answer: Yes. US-UNM knows that this strategic practice often makes employees ineligible for BU status and denies Union eligibility. We also know that the University uses re-titling as a way to get the same work done with fewer or less senior (less costly) employees. Although US-UNM respects the University's right to manage its personnel, we have an interest in making sure that as a group the BU is not mismanaged; that BU employees are equitably compensated for seniority, experience, and skills; and we want to promote a more stable workforce for a better UNM and stronger Union. With the support of dues-paying members, US-UNM will bring up the issue of jobs re-titling at our next contract negotiations.
membership has its privileges!
Question: Does the Union want to put maximum limits on employee salaries?
Answer: You're kidding right? Only union busters and employers want you to believe that the Union is responsible for leveling or capping salaries. As workers, our wages are our livelihood and we want to increase them as much a possible. For employers, our wages are a liability and they want to limit them as much as possible. Unions use their collective resources to bring bargain unit salaries up from poverty levels, not the other way around. It is not in the best interest of our members to limit their earning power, but sometimes we're just not strong enough to "force" management to be more "generous." This is why US-UNM encourages all employees to join the Union and fight collectively for raising the bottom and top salary levels.
membership has its privileges!
Question: Can bargaining unit employees negotiate their own contracts?
Answer: No. Labor law dictates that only a legally recognized collective bargaining agent such as the Union can negotiate the employment terms and conditions for bargain unit employees. Unions are democratically elected by employees to use collective resources to represent them as a group. It is pie-in-the-sky thinking to believe everyone can and will negotiate individually for the best working conditions and compensation possible. Even management doesn't want this, nor could they spend time and money individually negotiating thousands of contracts. The reality is that wage earning employees are by themselves too often vulnerable and without the necessary resources to match the negotiating power of the employer. As a whole, collective bargaining yields greater overall increases in compensation and benefits than individual haggling. Self-centered employees who "look out for number one" and condemn the Union for its collective bargaining power typically have little to lose anyway--unlike most of us struggling from paycheck to paycheck to support our families, pay off debts, and save a little money for the future. US-UNM members and the majority of bargaining unit employees believe in the power of collective bargaining.