Union Campaigns in State Government
How do state employees form a union?
The process for electing and certifying an exclusive bargaining agent is prescribed under 39-31-202, MCA, and ARM 24.26.612. In short, the union must file a petition with the Montana Board of Personnel Appeals. The union must show the board, through authorization cards, that 30 percent of the employees in the proposed unit have indicated a desire to be represented for collective bargaining purposes by the petitioning union.
Once a union has filed the petition and produced the required authorization cards, the board will notify the employer of the petition and will provide a description of the unit proposed by the petitioning union. The employer can file a counter petition if it believes the proposed unit is inappropriate.
The Board of Personnel Appeals schedules an election once the parties resolve any issue pertaining to the appropriateness of the unit. The election may be conducted on site or through mail ballots. The election determines whether a union exists in the work environment or not.
The State Office of Labor Relations will represent the State of Montana as the employer in the election and certification process. Supervisors and managers with specific questions about union campaigns can contact any of the negotiators. Employees with specific questions about this matter should contact the Board of Personnel Appeals at 444-0032.
What if employees in our office decide they no longer want union representation? Can they get out of the bargaining unit?
If a majority of employees in a collective bargaining unit wants out, they have a legal right to file a decertification petition and go through an election process similar to the initial union election. Once any type of election takes place, regardless of the outcome, no new election can be held for at least 12 months. When the union wins an election and negotiates a contract with the employer, no subsequent election can take place sooner than 90 days prior to the expiration of the contract. All labor agreements in state government's executive branch currently have two-year terms.
If employees in your office are part of a larger collective bargaining unit, they cannot be excluded from the unit unless the union agrees to exclude their positions by changing the contract language. Composition of the bargaining unit is a permissive subject of bargaining, with neither the union nor the employer being required to negotiate over the issue. The Board of Personnel Appeals does not allow for partial decertification of a bargaining unit.
The process for decertifying a union is prescribed under ARM 24.26.643. The State Office of Labor Relations will represent the State of Montana as the employer in any decertification process. Supervisors and managers with more specific questions about the decertification process cancontact any of the negotiators at the State Office of Labor Relations. Employees with more specific questions about decertifying a union should contact the Montana Board of Personnel Appeals at 444-0032.
How are union elections determined?
Union elections are decided by the majority of employees who actually cast ballots - not by a majority of employees who are eligible to vote. Eligible employees who do not vote will be bound by the choice of the majority of employees who do vote.
Someone gave me a card to sign asking for union representation and a union election. If I don't sign, will I still have the right to vote in a union election?
Yes, assuming your position is in the proposed collective bargaining unit the union seeks to represent. A union may petition the Board of Personnel Appeals to hold an election when the union has signed authorization cards from at least 30 percent of the employees in the proposed collective bargaining unit. If an election is held, all employees in the proposed bargaining unit have a right to vote - not just those who signed cards.
If the union wins the election, will employees have to pay union dues?
The union and the state will negotiate a collective bargaining agreement if the union wins the election. Unit employees would only be obligated to pay union dues or representation fees if required in the collective bargaining agreement.
Most of the labor agreements in the executive branch of state government contain requirements for "agency shop" provisions. An agency shop provision requires employees pay either union membership dues or a "representative fee," in an amount determined by the union. Under most agency shop provisions, the employer is required to discharge employees who fail to pay the dues or representative fee.
I heard we will be guaranteed flexible work hours, job security, a classification upgrade, higher pay, and a union pension if the union wins the election. Is that true?
No. The only guaranteed employee benefits are those provided by law for all employees, union or not. Pay and other conditions of employment, such as flexible work schedule, are subjects of bargaining. While both parties must negotiate in good faith, terms regarding those issues are subject to mutual agreement and the state is not required to fulfill promises union organizers make to their constituents. Pay is a mandatory subject of bargaining, which means that the parties cannot refuse to negotiate issues regarding pay. However, agencies are limited by the Legislature's appropriation of funds for pay.
I supervise a work unit that's voting on representation. Can I state my opinions on unions to workers during an organizational or decertification campaign?
It is an unfair labor practice for a public employer, which includes supervisors and managers, to "interfere with, restrain, or coerce employees" in the exercise of their protected rights. While stating your opinion is not an unfair labor practice, it is important that you be cautious about what you say and do during an organizational or decertification campaign. To be on the safe side, you should maintain a position of neutrality. Do not offer opinions or show favoritism. Stay clear of matters involving internal union affairs.
Can a union representative or a fellow employee solicit other employees' support during work time?
Oral solicitation by union representatives and employees is allowed during non-work time. Distribution of union literature and campaign materials is allowed in non-working areas during non-working time. Non-working areas include parking lots, cafeterias, lobbies, and rooms used for coffee breaks. If coffee or lunch breaks are taken at the work site, the work site becomes a non-working area during non-working time. Solicitation of authorization cards is considered oral solicitation.
What are the employer's rights if solicitation is interfering with work?
Employers have a right to ensure that union solicitation and distribution does not disturb ongoing work. Employers should prohibit distribution both during working time and in working areas. Employers may prohibit oral solicitation during work time, and may also prohibit union representatives and employees from using state telephones, copy machines, computers, and other equipment or property to further a union cause. If employees do not comply, supervisors have the right to counsel or discipline them for those actions.
May an employer restrict the union from posting literature on state-owned bulletin boards?
The question of whether unions may post literature on state-owned bulletin boards is answered on a case-by-case basis. Policy, past practice, collective bargaining agreements, and the locations of the bulletin boards are all factors that must be considered. Your agency human resources officer and the State Office of Labor Relations staff can help you find an answer.
How should employers handle disciplinary matters during an organizational campaign?
Employers have the right to continue to counsel or discipline employees for job-related reasons.
Tags: Labor Relations and FAQs