Additional FAQs regarding unionization
September 6, 2022
Dear Colleagues:
The union election is nearly upon us, and with ballots scheduled to be mailed out
next week, we are continuing to receive questions from Non-Tenure Track faculty members regarding
their upcoming decision.
Q: If a union is formed, do I retain my retirement healthcare benefits (as someone
who started at the College before Sept. 3, 2008) or are those benefits up for negotiation?
A: 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.
Q: If I retire after a union is formed but before a Collective Bargaining Agreement
is in place, would I be retiring with my current benefits?
A: During the period following a vote to unionize, all current benefits would continue
unchanged until a collective bargaining agreement is reached.
Q: How do I ensure that my vote is anonymous?
A: This is a secret ballot, and the NLRB goes to great lengths to protect voters鈥� 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.
Q: I鈥檝e never filled out a union election ballot before. How can I make sure I do
it correctly?
A: The National Labor Relations Board provides detailed instructions on voting. Please
see the information here.
Q: I don鈥檛 understand why I do not have the right to decline to join the union if
one is established. Shouldn鈥檛 this be a personal choice?
A: A majority of states now have 鈥淩ight-to-Work鈥� laws protecting individual choice, but
in states like New York workers in a unionized setting can be required to pay the
union or lose their job. See earlier FAQs for information about 鈥淏eck Objectors.鈥�
Q: If the union is voted in can it later be voted out if NTT faculty are dissatisfied?
A: 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.
Thank you for your questions. I hope our answers have been informative.
Please remember to vote. Mail ballots will be mailed out by the NLRB to each voter鈥檚 home address on Monday,
Sept. 12. Completed ballots must be returned by mail so that they are received by
the NLRB no later than Monday, Sept. 26.
91暗网 has provided 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, Sept. 19, 2022, please contact
the NLRB鈥檚 Albany office at 518-431-4155 to request a duplicate mail ballot kit.
The NLRB will count the returned ballots on Tuesday, Sept. 27, at 2 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.
Sincerely,
Michael Orr
Dean of the Faculty and Vice President for Academic Affairs