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What You Need to Know About Collective
Bargaining
MCEA Fact Sheet
What is collective bargaining?
Who will oversee the CB process?
Who is covered by collective bargaining?
How will I know if I am eligible?
How do we choose a union representative?
When will the elections be held?
Who will be on the election ballot?
Who should I vote for?
How will the winner be chosen?
How important is it that I vote?
What does a vote for "no representative" mean?
What about the cards unions are distributing for
employees to sign?
What happens after the election?
Will I have to become a member of the union that
wins a representation election?
Must we pay the union special fees to bargain on
our behalf?
Will I lose benefits as a result of collective bargaining?
I thought we had protection under the Education
Article, which gave us parity with State employees?
How will employees not eligible for collective bargaining
be treated?
Suppose the university and union fails to reach
an agreement on a pay raise or other items?
In summary, what are the highlights of Senate Bill
207?
How can I get a copy of the bill?
How can I get more information?
What is collective bargaining?
In 2001, the General Assembly enacted Senate Bill 207, granting
collective bargaining rights to eligible non-faculty, non-management
employees of the University System of Maryland, Baltimore City Community
College, Morgan State University, and St. Mary's College of Maryland.
Collective bargaining is a labor-management process between management
and employee representatives to negotiate the wages, hours, and
conditions of employment. The resulting agreement is called a memorandum
of understanding (MOU) and must be approved, or ratified, by the
Board of Regents or the institution's governing board, as well as
groups of employees it affects. For the statute, go to www.mhec.state.md.us.
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Who will oversee the CB process?
The law charges a five-member State
Higher Education Labor Relations Board (SHELRB) with the responsibility
for overseeing and administering the process, setting up procedures,
establishing unfair labor practices, and investigating any claims
of unfair labor practices. Robert R. Neall, a former legislator
and Anne Arundel County Executive, is the chair. The other board
are Harriet Cooperman, Esq., Leo Gant, Sheldon Steinbach, Esq.,
and Seymour Stern, Esq.
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Who is covered by collective bargaining?
Generally, most staff formerly considered classified and associate
will be eligible to vote in the elections to choose a union/bargaining
agent. Contingent employees are not eligible, nor are managers,
faculty, student workers, graduate assistants, and employees considered
confidential, for example, the Secretary to the President.
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How will I know if I am eligible?
The President/governing board of each institution will determine
which employees are covered by collective bargaining and will assign
job classification titles and positions to the appropriate bargaining
unit. Each institution will review each employee's duties, determine
whether they are eligible, and notify him or her of the status.
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How do we choose a union representative?
Employees will be divided into three groups, called bargaining units:
exempt, nonexempt, and sworn police officers. Elections will be
held by secret ballot at each institution to select a union to serve
as employees' bargaining agent. There is a potential for a total
of 51 elections (elections for 3 bargaining units at each of the
14 University System of Maryland institutions, MSU, SMCM, BCCC).
But the law allows institutions to hold joint elections. Who
represents whom?
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When will the elections be held?
The SHELB will determine when and how elections will be held (i.e.
mail-in ballot, on-site voting, or another method). To petition
the SHELRB to conduct an election, a union must collect dated and
signed authorization cards from at least 30 percent of eligible
employees in a bargaining unit. Other unions may get on the ballot
if they gather cards from 10 percent of employees in the unit. Once
the board certifies the petition, the election must be held within
90 days.
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Who will be on the election ballot?
Any union that wants to be on the election ballot to represent university
employees must obtain authorization cards from at least 10 percent
of eligible employees in a bargaining unit by a date to be determined.
In addition to the eligible units, each ballot will include a choice
for "no exclusive representative."
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Who should I vote for?
It is important that you make your decision based on accurate information
- not hype and empty promises. Consider the union that will be most
effective in representing your interests - not the union's interests,
not management's interests, and not the State's interests. MCEA
urges employees to vote MCEA, an independent union that can be trusted.
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How will the winner be chosen?
The SHELRB will certify as the winner the exclusive bargaining representative
who obtained a majority vote (50 percent +) of eligible, voting
employees. Each institution could have different results for each
bargaining unit, for example: MCEA as the representative for one
unit, no representative for another unit, and still another for
the third unit.
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How important is it that I vote?
Extremely important. Suppose there are 500 employees in your bargaining
unit and only 100 of them vote. This means the election results
may be based on the simple majority of 51 people, or 10 percent
of eligible employees. Whether they select "no exclusive representative"
or a particular union, the entire unit will be bound by voting employees'
decision.
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What does a vote for "no exclusive representative"
mean?
Basically, things would remain as they are. The governing board
of your institution would continue to determine the wages and conditions
of employment and the shared governance concept would remain.
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What about the cards unions are distributing
for employees to sign?
Signing this authorization card does not constitute a vote; it merely
indicates you are interested in having a particular union in the
election. The card also provides a method of communication. However,
signing an interest card does not obligate you to join a union or
to pay dues. When election time comes, you do not have to vote for
the union because you signed its authorization card. MCEA urges
your support of our union.
What happens after the election?
After the SHELRB certifies the results, the winning union becomes
the exclusive bargaining agent for the respective bargaining unit.
Management and the union must meet and negotiate in good faith.
The union must represent all employees in the unit fairly, without
regard to union membership. All matters of agreement must be incorporated
into a Memorandum of Understanding (MOU), which cannot be in effect
for less than one year or more than 3 years.
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Will I have to become a member of the union
that wins a representation election?
No. Maryland law does not require that you join a union. But any
employee who wants to take advantage of MCEA's benefits and aggressive
legal and grievance representation, and be a part of our member-controlled
activities can join by calling 410-298-8800 or 1-888-611-MCEA. Our
dues are $10.25 per pay - the lowest and the best value.
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Must we pay the union special fees to bargain
on our behalf?
No! Service fees currently are prohibited, but bills were introduced
during 2003, 2005 and 2007 session that would have authorized service
fees. Once again, MCEA and State workers successfully defeated an
attempt by AFSCME and other AFL-CIO affiliates to force State employees
to pay service fees for collective bargaining, as we did in 1999.
This would have meant employees would have to pay about $200 per
year to the bargaining agent. MCEA collected 10,000 signatures,
held rallies, and urged employees to voice their opposition to service
fees to legislators. Getting the message loud and clear, the Governor's
office submitted SB 207 to the General Assembly without authorization
for service fees. MCEA continues to oppose service fees. The other
union supports them.
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Will I lose benefits as a result of collective
bargaining?
Any changes in benefits must be negotiated by management and the
union, ratified by employees in the bargaining unit, and approved
by the USM Board of Regents or governing body. Any benefits granted
by law, such as leave, must be changed through legislation, as must
items requiring funding. Health insurance and retirement benefits
may not necessarily be part of the bargaining process. However,
tuition remission will be negotiable.
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I thought we had protection under the Education
Article, which gave us parity with State employees?
Until July 1, 2001, there was language in the Education Article
Section 12-111 that provided that university employees would earn
the same cost-of-living adjustment, certain benefits, and rights
as State workers (vacation privileges, retirement status, retirement
benefits, and grievance procedure). After heavy debate, legislators
repealed that language from Senate Bill 207. Legislators obtained
assurances from university officials that the reason for eliminating
the parity clause was not to reduce benefits. However, it was made
clear that without the clause, benefits and pay negotiated through
the State employees' collective bargaining process would be independent
of those negotiated through the university process. That's why is
will be important to choose MCEA, a union that has employees' interests
at heart.
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How will employees not eligible for collective
bargaining be treated?
They will not be able to vote in the elections and cannot vote on
a memorandum of understanding. In the State CB process, employees
not covered by collective bargaining received the same pay and benefits
and are subject to the same personnel regulations authorized in
the MOU. It will be up to each institution to decide how to treat
employees ineligible for CB.
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Suppose the university and union fails to reach
an agreement on a pay raise or other items? Negotiations on
certain issues would come to a deadlock, or impasse. The collective
bargaining statute does make provisions for the employer and exclusive
bargaining to hire a fact finder if negotiations for the next fiscal
year are not completed by Oct. 25.
In summary, what are the highlights of the
SB 207/collective bargaining statute?
- Eligible employees: non-management, non-faculty employees at
USM, MSU, SMCM, and BCCC
- Excluded employees: contingent, faculty, supervisors, managers,
and administrators, an employee whose regular place of employment
is outside Maryland, confidential employees, employees entitled
to other CB agreements, student employees, teaching assistants,
and fellows
- 3 bargaining units at each institution: exempt, non-exempt,
sworn police officers
- Institution may join for purposes of CB before an election and
after the certification of representatives
- Election by secret ballot
- Ballot to include eligible unions and option for "no representative"
- Service fees prohibited
- Employee rights: may take part or refrain from forming, joining,
or participating in any union activities; may engage in collective
bargaining activities, may discuss matters with management without
union intervention
- Management rights: hire, direct and supervise; promote, demote,
discipline, discharge, retain/layoff employees; terminate employee
because of lack of funds or work, set qualifications for appointment
or promotion; and promulgate State rules and regulations
- Strikes, work slowdowns, work stoppages, and other similar job
actions prohibited
- Lockouts by management prohibited
- No procedure for resolving impasses
- Each institution must submit to the General Assembly a report
on contractual/contingent employees by December 2001
How can I get a copy of the bill?
Visit the General Assembly's web site at http://mlis.state.md.us/2001rs/billfile/sb0207.htm
, then click on "prior session information ", then the
"year 2001", then insert SB 207.
How can I get more information?
Call the Maryland State Labor Boards at or go to www.mhec.state.md.us/SHELRB
or call MCEA Headquarters at 410-298-8800 or 1-888-611-MCEA, ext.
231.
MCEA, updated June 2007
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