FAQ - Union Representation

A union is an organization which has as one of its purposes to collectively bargain the wages, hours and conditions of employment of a particular group of employees. It acts as your exclusive representative for these purposes. In order for the union to become your exclusive representative, a sufficient number of employees must show an interest in being represented.

If, through the representation process, the union represents you, it also represents all employees like you throughout the UC system. The union has the authority and the exclusive right to negotiate with UC management on the amount of wages, benefits and working conditions that the employees will receive. The legal power to negotiate as an individual would change and the union would become the agent for all employees in the bargaining unit. Once the union represents you, potential wage increases could be less a matter of individual performance and achievement, and would be the outcome(s) of the collective bargaining process.

There are two ways that this can occur.

A union can collect enough authorization cards from you and your coworkers. It will need to collect cards from over 50% of the designated group of employees (called a bargaining unit) to automatically become your collective bargaining representative.

It can also happen by a vote. In order for a vote to happen, the union would have to collect authorization cards from at least 30% of the bargaining unit. Then the Public Employment Relations Board (PERB) would hold an election. In order for the union to win the election, 50% of the employees who vote would have to vote in favor of unionization. If that happened, you would be represented by the union.

An authorization card is a document giving your permission for the union to represent you and requires your signature.

It means you are choosing the union to act as your representative. A union may submit these cards to PERB, and based on a card check and not an election, become your exclusive representative if it obtains a majority of signed authorization cards. If a union obtains less than a majority but more than 30% of signed authorization cards, there will be an election.

Yes. If the union submits enough cards (50%+1), then there will be no election and the Union would be legally certified as exclusive representative for all employees in the bargaining unit. There would be no opportunity to vote.

Yes. There is such a process called decertification, which is also driven by employee choice. This process is complex and can take a long period of time. It requires the filings of a certain amount of cards and a subsequent election.

The University would not and cannot be involved in this process.

No. If the union is certified as your bargaining representative, you will have the option of joining the union or being represented by the union.

If you are a member, you have the right to vote on union business. You can elect union officials, vote on negotiation issues depending on the union, or ratify the collective bargaining agreement.

If you are not a member, then the union will represent you without your voting.

No. If the union collects enough cards, there will be no election and there will be no vote. Then your signature on the authorization card is your vote for the union. But if the union does not get enough cards, and there is an election, you may vote your opinion as of the date of the election. You are not bound to vote for the union on the basis of your signature.

Under current PERB case law, authorization cards cannot be revoked.

If the union collects more than 30% of the signed authorization cards but less than a (50%) majority, PERB will hold an election. You will have two ballot choices:

1. "No Representation" – this means you DO NOT WANT unionization
2. The union’s name– this means YOU DO WANT unionization

Whichever option receives a simple majority of the votes cast wins. If a majority of those voting select "No Representation" you will continue to participate in the University's personnel programs for non-represented employees.

No. A majority of the employees actually voting determines the outcome. If only 100 people vote, then only 51 need to say yes. They would end up deciding for every other employee in the group. This is why you should make sure to vote.

No, if your position is included in the bargaining unit, you may – and should – vote.

The University adheres to the principle that representation by a union is a matter of employee choice.

UC supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. The University believes that its role is to ensure that you have an informed choice when faced with this important decision and to ensure that you understand the process.

No. Membership in the union is up to you. By law you cannot be forced to join the union. However, you will have to pay something to the union for its representation. These are called “agency fees”. The amount depends on the union.

Generally, once a union is certified, all employees represented by that union are subject to paying either dues or fees.

The union determines the amount of dues and fees. The union would be able to inform you about their current dues structure. If you have questions about the dues structure, then you should make further inquiries directly to the union.

Each union has its own rules about whether all employees or only union members (i.e., dues-payers) can express their views on contract matters.

All wage issues will be subject to the collective bargaining process.

No. These matters are part of the negotiations process between the University and any union certified to represent a unit of University employees.

You have several options. As long as you are not using work time or an inappropriate location where you are interfering with operations, you can make your opinions known.

You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You may also choose not to sign an authorization card if you are not in favor of it.

If there is an election, you can vote for union representation or you can vote against it.