Information on Non-Tenure-Track Faculty Unionization at Skidmore College 

A labor union is an organization that negotiates a labor contract with an employer on behalf of a designated group of employees. The designated group of employees is known as a “bargaining unit,” and the labor contract is known as a “collective bargaining agreement” (CBA). The CBA governs the terms and conditions of employment for bargaining unit members.  

In a non-union workplace there can be a direct working relationship between each employee and the supervisors and managers who oversee the employer’s operations. The employer develops terms of employment based on personnel policies that reflect the employer’s mission and values, and a wage and benefits package that reflects the competitive labor market and the employer’s need to recruit and retain qualified personnel. In a non-union setting, employees may raise issues or concerns with members of management at any time.  

In a unionized workplace, the labor union serves as the exclusive spokesperson for all bargaining-unit members as a collective. The terms of employment are established through the collective-bargaining process, resulting in a Collective Bargaining Agreement (CBA). Employees are typically required to pay membership dues to the union through payroll deduction. The formal legal relationship between the union and the employer replaces the direct relationship that each employee may have with their employer in a non-union setting. Direct dealing between any supervisor or manager and any individual employee regarding the terms and conditions of employment is prohibited by law, unless specifically sanctioned in the CBA.  

As an institution and an employer, Skidmore is neither pro- nor anti-union. We respect the rights of our employees to choose the type of work environment they want. Skidmore already works with several unions that represent staff members in certain areas such as dining services and facilities services, and the College will work with any additional unions that our employees may decide to elect. 

The NLRA is a federal statute enacted in 1935 that protects the rights of all private-sector employees to choose by majority vote whether or not to join a labor union. The NLRA is not designed to promote or discourage unionization; rather, it simply protects the right to choose.  

The NLRB is a federal agency that administers and enforces the NLRA. The NLRB conducts elections for employees to decide whether or not to unionize, and it regulates the collective-bargaining process and other aspects of labor relations in unionized workplaces.

The NLRB’s formal process begins when a union files a petition for an election among employees in a defined bargaining unit. In its petition the union proposes whom it believes should be included and who should be excluded from the bargaining unit.  

Next, the employer informs the NLRB whether it agrees or disagrees with any aspect of the union’s proposed unit. The NLRB then convenes a hearing, after which it issues a determination as to the scope of the bargaining unit and all election details. The governing principle in bargaining-unit formation is whether all employees in the group share a sufficient “community of interests” with one another. 

After the appropriate bargaining unit has been established, the NLRB conducts an election among the employees in that unit. This is a secret-ballot election in which each eligible member of the bargaining unit can vote “yes” or “no” to form a union. The election is decided by a majority of votes cast, so turnout is important. All members of the bargaining unit are bound by the outcome, so everyone should cast their ballot. 

The petition was filed by a division of the Service Employees International Union (SEIU) known as Local 200 United. The person who signed the petition on behalf of the SEIU is a union organizer named Sean Collins. The union’s proposed bargaining unit seeks to include “all part-time and full-time non-tenure-track teaching faculty, Librarians and Accompanists,” while excluding “all tenured and tenure-track faculty, department chairs and program directors, managers, supervisors, confidential employees and guards as defined by the [NLRA].” 

Skidmore neither favors nor opposes the formation of a union for certain faculty members. It is not the College’s place to take a position on this. This is a choice for the affected faculty members to make. 

The election date will be set by the NLRB following the hearing, which is scheduled to occur in late May. This means that an election will likely not happen until sometime in June or later.   

No. In a unionized workplace all members of the bargaining unit are considered members of the collective that the union represents. If a majority vote to elect the union, then everyone in the defined unit will be bound by the outcome regardless of whether someone in the defined unit voted against the union or chose not to even vote. After a union is elected, it negotiates a CBA that will govern the terms of employment for everyone in the collective. The CBA may also contain a “union security” clause that mandates payment of union membership dues through payroll deduction by every member of the bargaining unit. 

No. The law only requires that the union and the college bargain in good faith to reach mutually agreeable terms for a CBA. Union membership guarantees a process, but no outcomes. (See also above FAQ on key differences between a unionized and non-union workplace).  

The law does not impose a specified timeframe for the parties to negotiate a CBA. Collective bargaining is inherently a complex and time-consuming process. Studies have shown that most initial CBAs following unionization take more than a year to negotiate, and it is not uncommon for the process to take much longer. It is important to note that current wages and other terms of employment cannot be changed until the parties have reached a final agreement. 

Under a typical union security clause, all bargaining unit members would be required to pay for union representation via payroll deduction. Objectors to joining the union (known as “Beck Objectors”) can decline to actually join the union as dues-paying members and can pay a reduced amount, known as core membership dues, which typically amount to approximately 90% of full dues. It is the union’s responsibility to inform members of the collective bargaining unit that they have this option.

No. The law prohibits employers from unilaterally setting pay rates for bargaining unit members, and that includes paying at a higher rate than specified in a labor contract. 

No. These increases are the result of a year-long faculty and staff compensation study that began in May 2021. Among its outcomes, the study resulted in a broad restructuring of compensation levels to better recognize and reward the vital contribution our non-tenure-track faculty colleagues and other faculty members make and to ensure Skidmore remains competitive as it seeks to attract and retain talented individuals. 

We recognize that many non-tenure-track faculty have been on successive terminal contracts for many years. During the past year, the Office of the Dean of the Facultyhas been exploring ways to provide greater security, stability, and continuity for ourNTT colleagues. When the College was notified about potential unionization, we were required to pause our work on this project, pending the outcome of the unionization choice. Like many colleges, Skidmore has issued these contracts to ensure that experienced, well-qualified faculty members are available to fulfill institutional needs, including teaching much-needed courses in the curriculum, alleviating enrollment pressures, and serving as replacements for other faculty members’ absences, sabbaticals, or leaves. But we fully appreciate the need for a better system for renewing/reissuing the contracts of NTT faculty and are eager to resume work on this. 

The NLRB has long-standing principles governing the appropriate makeup of bargaining units. After some discussion among NLRB and union and college representatives, the union withdrew its proposal to combine the two groups and the NLRB has approved separate elections for each group. 

Yes. Depending on the majority of votes cast in each election, the result could be one bargaining unit, two bargaining units, or no bargaining units.

Not necessarily. If a union is elected, the existing terms and conditions of employment would remain unchanged until a negotiated collective bargaining agreement is reached. There are no guarantees about the outcome of the negotiations nor about what pay, benefits, and other terms would be agreed upon. There could be positives and there could be negatives. Negotiating a collective bargaining agreement is complex and time-consuming. Studies have shown that most first contracts take more than a year to negotiate. 

If a union is elected, Skidmore would be prohibited by law from making any unilateral changes to the terms and conditions of employment. Instead, any changes would have to be negotiated with the union bargaining representatives, including wage adjustments. A question of law arises as to whether or not automatic rollout of the annual GSA to faculty in a collective bargaining unit would constitute a change or a continuation of existing conditions. This is a gray area of the law, particularly in light of the varying amounts of the GSA during the past three years during the global pandemic. Thus, there is no clear answer to the question of whether or how long NTT faculty members might have to wait for future pay adjustments in the event the union wins one or both elections and bargaining extends into the 2023-24 academic year.

Again, this would depend on a legal analysis over what constitutes a change or a continuation of existing terms and conditions of employment. As noted above, in the event of unionization, any and all changes would be subject to the collective bargaining process, meaning that no changes could take effect until the parties have reached an agreement.

Shared governance is a core principle of Skidmore College. We believe deeply that shared governance improves the life of the College, and our strong preference is for non-tenure-track faculty to continue to be eligible to participate in shared governance. However, to the extent that non-tenure-track faculty are considered members of a collective bargaining unit, opportunities for participation in shared governance may be limited. The U.S. Supreme Court has long held that participation in shared governance is generally considered a supervisory responsibility that is inconsistent with inclusion in a bargaining unit of union-represented employees.

If a union is established in one or both bargaining units, this issue would necessarily be subject to negotiation between the union and the College.

Not necessarily. All terms and conditions of employment, including compensation and benefits, would be subject to negotiation. There are no guarantees in collective bargaining. As the NLRB has advised, the collective bargaining process can result in compensation and benefits that go up, stay the same, or go down. In addition, as noted above, certain legal complexities can affect what happens going forward. Skidmore has a long history of increasing compensation over time, and the College’s commitment to ensuring we remain competitive in order to recruit and retain talented NTT faculty members will continue with or without a union.

Two elections will be conducted simultaneously by the National Labor Relations Board. Mail ballots will be mailed out by the NLRB to each voter’s home address on Monday, Sept. 12^th, and completed ballots must be returned by mail so that they are received by the NLRB no later than Monday, Sept. 26^th.

Full-time non-tenure-track faculty, including Librarians, will vote in one election; and part-time non-tenure-track faculty will vote in a separate election. You will be eligible to vote only in the election for your job classification, and you should receive only one ballot.

Skidmore College will provide the NLRB and the union with a list of employees eligible to vote, classified by job title, along with the current home addresses on record with the College. If you need to update your home address, please notify Human Resources promptly. If you do not receive a mail ballot by Monday, September 19, 2022, you should contact the NLRB’s Albany office at 518-431-4155 to request a duplicate mail ballot kit.

The NLRB will count the returned ballots on Tuesday, September 27, at 2:00 p.m.

The election will be decided by a majority of returned ballots. Anyone who fails to return a completed ballot will forfeit the right to have a say in the outcome but will still be bound by the result. So, for example, if 100 people are eligible to vote but only 25 of them vote, the decision for the entire group will be made by the majority of the 25 who choose to vote.

We strongly urge all eligible non-tenure-track faculty to participate in this important decision by returning your ballot. Also, please follow the NLRB’s detailed instructions carefully to prevent your ballot from being deemed void.

The NLRB will count the votes at 2:00 p.m. on September 27, via videoconference.  Video link details will be confirmed by the NLRB closer to the date. The preliminary results will be announced that afternoon; however, the results will not be considered final until officially certified by the NLRB which occurs one week later absent any legal objections.

If the union is elected by a majority of voters in one or both elections, the College and union will commence bargaining over your compensation and other terms of employment. Nothing would change until the parties reach an agreement. The process of negotiating an initial collective bargaining agreement (CBA) would begin in earnest but studies have shown that most initial CBAs following unionization take more than a year to negotiate, and it is not uncommon for the process to take much longer.

No. If a majority of returned ballots for your job classification vote in favor of unionization, then everyone in your job classification will be bound by the outcome, meaning that the union will have the exclusive legal authority to negotiate and make decisions about the terms of your employment on behalf of the collective from that point forward. You would also be required to pay the union membership dues (or a similar amount in fees), which would be deducted from your paycheck under a typical “union security and dues checkoff” clause. Objectors to joining the union (known as “Beck Objectors”) can decline to join the union as dues-paying members and can pay a reduced amount, known as core membership dues, which typically amount to approximately 90% of full dues. It is the union’s responsibility to inform members of the collective bargaining unit that they have this option.

Skidmore would have no say over how much the union decides to charge its members nor how that money is spent. It is up to the union to advise you of its current dues structure and of any future increases in dues. All unions are required to file detailed financial statements on an annual basis with the U.S. Department of Labor. Known as LM-2s, these statements can be viewed by anyone at http://olmsapps.dol.gov.

No. Federal law protects your right to vote for or against unionization in a secret ballot election. The NLRB’s vote counting process is designed to protect the anonymity of each voter’s personal choice.

Skidmore cannot prevent union representatives from contacting you. Union representatives have a legal right to do so and, of course, you have a legal right to ask them not to contact you. In a few weeks, to prepare for the upcoming vote, Skidmore will be obligated to send the NLRB the list of names and personal contact information for all non-tenure track faculty members eligible to vote. Generally, the college would treat this information as confidential and would not share it with any third party. In this case, however, the College is required to provide it to the NLRB and the union. As a result, you may receive visits, calls, emails or texts from the union representatives.

Vested retirement benefits would not be affected by the union decision, but healthcare benefits for retirees are non-vested benefits. These and future accruals would be subject to bargaining between the college and the union.

During the period following a vote to unionize, all current benefits would continue unchanged until a collective bargaining agreement is reached. 

This is a secret ballot, and the NLRB goes to great lengths to protect voters’ names. While the union and others may know that you voted, they will not see how you voted. Your decision on whether to support or oppose formation of the union is protected from disclosure.

The National Labor Relations Board provides detailed instructions on voting. Please see the information here.

A majority of states now have “Right-to-Work” laws that ensure individual choice whether or not to join a union, but states like New York have retained strong protections for the rights of workers to organize and speak collectively. As a result, workers in a unionized setting in New York who benefit from collective bargaining on their behalf can be required to pay dues to the union. See earlier FAQs for information about “Beck Objectors.”

Yes, but there are serious legal obstacles to removing a union once it has been certified as the legal representative of the covered employees. No attempts to decertify a union are permitted during the one-year period following an election. In addition, no attempts to decertify are permitted for up to three years while a collective bargaining agreement remains in effect, except during a 30-day window within 60-90 days of contract expiration. Employees must follow a legal process in accordance with NLRB rules without any assistance from management and despite any opposition from the union. If all these conditions are met, then a union can be removed by a majority vote, but this rarely occurs. 

Please email dfaculty@8n99.com with questions.