Informed Choice :: Questions & answers about union organizing at UVM.

Informed Choice home :: Questions by topic :: updated 08.01.05

	What role will the Staff Council have should the union be voted in?
	If a union is voted in, the union will be the legal and sole representative of all employees in the collective bargaining unit for all bargainable issues. In general, bargainable issues are those relating to wages, hours, and working conditions. Once a union is elected, Staff Council cannot play a role that would usurp or be a substitute for the responsibilities that a union would have as the sole representative of bargaining unit employees. Staff Council’s recreational and social activities could continue for represented employees, if there were enough interest and support for such activities. 08/01/05

	My biggest concern is that I will be forced to be represented by a union because my peers have voted in favor of representation. Please describe what my options might be in the event this occurs. Can I say, "no thanks" and continue to fall under normal UVM polices and guidelines?
	If the Vermont Labor Relations Board certifies that your position belongs in a collective bargaining unit, and the union wins the election, you will be represented by the union, whether or not you voted in favor of the union. Once a collective bargaining agreement is in place, all the employees in the bargaining unit -- including those employees who voted against union representation – will be covered by the terms of the agreement. Bargaining unit employees will not have the option to say “no thanks,” if the terms of the contract should conflict with the University’s policies, procedures, guidelines and provisions for non- represented employees. 08/01/05

	As the administrative coordinator of my department, I am the budget director and deal with all staff and faculty personnel issues such as payroll issues, leave time, etc. Does this mean that I would be exempt from the union if it should happen to pass?
	Under Vermont law, a “confidential employee” is an “employee having responsibility for, knowledge of, or access to information relating to collective bargaining, personnel administration or budgetary matters that would make membership in or representation by an employee organization incompatible with his or her official duties.” Persons who fall within this definition –either as a matter of agreement between the employer and the union or by Vermont Labor Relations Board ruling are not eligible to belong to a union because – as a principle of labor law—employees should not be required to work under conditions where they might be subject to divided loyalties. Moreover, “confidential employees” have access to proprietary information that could adversely affect the University’s ability to bargain contracts and/or conduct labor relations if such employees where members of a collective bargaining unit. “Confidential” determinations are made on a case-by-case basis, and many factors may be taken into consideration. Such factors include, but are not limited to: the type of budgetary and/or personnel information handled; the frequency and percent of effort devoted to such work assignments; whether the employee has input during decision-making processes; whether the employee drafts policies, appointment letters, grievance responses, etc.; or whether the employee serves in ` a confidential capacity as an assistant to anyone in authority with labor relations responsibilities. If the union agrees with the University’s assertion that a position is “confidential” or if a Board hearing determines that someone is a “confidential employee,” then the individual will be ineligible to participate in the election, and will not be included in the collective bargaining unit if the union wins the election. 08/01/05