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Frequently Asked Questions - Faculty Petition for Representation

Below are various questions and answers to issues that have been raised, or may be raised, as this faculty petition for representation process continues.

 

Will union negotiations result in changes to compensation and benefits?

No specific changes are guaranteed, and no adjustments up or down would be immediate.    

During the initial bargaining process, current pay, benefits and working conditions typically remain at status quo or frozen unless and/or until a contract is agreed upon and ratified. 

The timeline for the bargaining process varies. It is the University鈥檚 understanding that the most recent successful faculty unionization effort in the state of Ohio was Miami University. Faculty there voted to unionize in May 2023, and a tentative agreement was recently reached for a first contract. 

What does "status quo" mean?

In labor relations, "status quo" refers to the principle that during union organizing, bargaining, or contract negotiation, the employer must maintain the existing terms and conditions of employment (wages, hours, benefits, etc.) until an agreement is reached.

Will I still be able to negotiate individual overload or additional compensation terms with my college leadership?

Unionization typically means that individual faculty included in the bargaining unit cannot negotiate directly with management on issues covered by the collective bargaining agreement.  

A typical faculty collective bargaining agreement includes standardized compensation expectations for all union members, for example standard compensation by rank and standard overload pay. 

By way of further example, a faculty member taking on additional duties currently may negotiate directly with a department chair, school director or dean. If a union is formed, management would lose some ability to negotiate directly with individual faculty on compensation matters and must instead follow the terms of the collective bargaining agreement and work through the union鈥檚 designated representatives who speak on behalf of their covered members. 

What workplace issues are subject to the collective bargaining process?

In Ohio, not all issues are subject to collective bargaining.  Technically speaking, 鈥渕andatory鈥 subjects are required to be bargained, 鈥減ermissive鈥 subjects may be bargained but that is up to management, and 鈥減rohibited鈥 subjects may not be bargained. 

Generally, a public employer maintains the unilateral authority to determine matters of managerial policy which is not subject to bargaining.  The Ohio Revised Code lists many of these inherent 鈥渕anagement rights鈥 such as:  determining the programs of the University, standards of services, its overall budget and organizational structure; evaluating employees; determining personnel and process to carry out its business; and determining the adequacy of the workforce, including layoffs, among others.    

A public employer is not required to bargain on subjects reserved to management unless it voluntarily agrees to in a collective bargaining agreement.  However, because Ohio law requires public employers to bargain with a union on matters relating to wages, hours, or terms of employment, at times a 鈥渂alancing test鈥 is used to determine when a subject will be subject to bargaining. 

Prohibited subjects are not subject to a balancing test.  For example, according to Ohio law, specifically Ohio Revised Code Section 3345.45, university faculty workload policies are considered a prohibited subject for collective bargaining, meaning that unions cannot negotiate with the university regarding faculty workload under law and the State Employment Relations Board (SERB) rules.  Put another way, the University administration has the authority to determine faculty workload. Ohio law mandates that all state universities establish formal faculty workload policies. These established workload policies are explicitly excluded as not appropriate subjects for collective bargaining. 

How does this unionization process impact Faculty Senate?

黑料视频 remains committed to shared governance, regardless of the outcome of this process. If a faculty union is formed, Faculty Senate may lose some ability to address topics currently under its purview. 

Faculty Senate was created by a resolution of the Board of Trustees. The Faculty Senate Bylaws and Faculty Senate Constitution describe the Functions of Faculty Senate. Those functions currently include acting upon faculty grievances and recommending policies related to faculty employment to the Provost.  

As explained above, an analysis would need to be made whether certain subjects now addressed by Faculty Senate (and the Faculty Handbook)  would be 鈥渕andatory鈥 subjects required to be bargained, 鈥減ermissive鈥 subjects that may be bargained but up to management, or 鈥減rohibited鈥 subjects that may not be bargained. 

Mandatory subjects once under the purview of Faculty Senate (and the Faculty Handbook) may no longer be able to be addressed in this manner, and may become only subjects for the collective bargaining process.  If so, Faculty Senate would lose some ability to address these topics and they must instead follow the terms of the collective bargaining process and work only through the union鈥檚 designated representatives who speak on behalf of their covered members.  It is the University鈥檚 current assumption that the establishment of a faculty union would necessitate changes to the functions of Faculty Senate (and Faculty Handbook.) 

How does this unionization process impact the Faculty Handbook?

This is addressed immediately above.  Again, the Faculty Handbook in its current form may require review and revision if a collective bargaining process is to be established. By way of example, Sections II, III and V of the handbook in particular contain content that would potentially overlap with the labor relations process, and as such, those sections may need to be removed or significantly modified.  

Would the Faculty Handbook serve as the starting point for discussions about the Collective Bargaining Agreement?

The collective bargaining process typically begins with union representatives and the University both bringing forward their respective bargaining position. Because 黑料视频 has never operated with a faculty collective bargaining agreement (CBA), both sides would be beginning from 鈥渮ero.鈥 The Union will set its own bargaining strategy; it may use current compensation practices as a guide in developing its initial bargaining position or it may not. But, there is no guarantee that any or all of the existing compensation practices would be retained in a CBA as everything is subject to negotiations and may go up, down or stay the same. 

Can individual faculty opt out of union representation?

Under Ohio law, when a majority votes cast by eligible voters vote in favor of representation by a union, the union represents all members of the certified collective bargaining unit.

You have the right to decide whether or not to become a dues-paying member of the union; however, the terms and conditions of your employment would still be covered by the collective bargaining agreement for your bargaining unit. 

Will I have to pay union dues?

That is governed by union by-laws and is a union matter.  Typically, if a union is formed, eligible members will be paying union dues to AAUP. However, faculty will have options to opt out based on a 2018 Supreme Court Ruling. The Buckeye Institute offers . 

How much should faculty expect to pay in union dues?

It is the University鈥檚 understanding that union dues are not finalized until after the union is formed. As examples, published dues for active members at the University of Cincinnati are 1 percent of base salary. At Kent State University, dues are 0.8 percent of base salary. 

The union鈥檚 鈥淔AQs鈥 on their website state: 鈥淒ues must be voted upon by the membership and negotiated with the university. They typically fall at or below 1% of one鈥檚 base salary at other unionized campuses in Ohio.鈥 

It is important to note that you have the right to decide whether or not to become a dues-paying member of the union; however, the terms and conditions of your employment will still be covered by the collective bargaining agreement for your bargaining unit. 

What would happen if I didn鈥檛 agree with the planned future direction of the union?

That again is a union matter.  Union decisions, including contract terms and priorities, are usually determined by the union鈥檚 internal governance guidelines. This typically means that, even if you disagree with the union鈥檚 stance, you are still bound by its decisions and direction.