Elections that answer questions of whom the employees want to represent them are known as

Also known as the Wagner Act, this bill was signed into law by President Franklin Roosevelt on July 5, 1935. It established the National Labor Relations Board and addressed relations between unions and employers in the private sector.

After the National Industrial Recovery Act was declared unconstitutional by the Supreme Court, organized labor was again looking for relief from employers who had been free to spy on, interrogate, discipline, discharge, and blacklist union members. In the 1930s, workers had begun to organize militantly, and in 1933 and 1934, a great wave of strikes occurred across the nation in the form of citywide general strikes and factory takeovers. Violent confrontations occurred between workers trying to form unions and the police and private security forces defending the interests of anti-union employers.

In a Congress sympathetic to labor unions, the National Labor Relations Act (NLRA) was passed in July of 1935. The broad intention of the act, commonly known as the Wagner Act after Senator Robert R. Wagner of New York, was to guarantee employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.” The NLRA applied to all employers involved in interstate commerce except airlines, railroads, agriculture, and government.

In order to enforce and maintain those rights, the act included provisions for the National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. To this day, the board of five members, appointed by the President, is assisted by 33 regional directors. The NLRB further determines proper bargaining units, conducts elections for union representation, and investigates charges of unfair labor practices by employers. Unfair practices, by law, include such things as interference, coercion, or restraint in labor’s self-organizing rights; interference with the formation of labor unions; encouragement or discouragement of union membership; and the refusal to bargain collectively with a duly chosen employee representatives.

The constitutionality of the NLRA was upheld by the United States Supreme Court in National Labor Relations Board v. Jones & Laughlin Steel Corp. in 1937. The act contributed to a dramatic surge in union membership and made labor a force to be reckoned with both politically and economically. Women benefited from this shift to unionization as well. By the end of the 1930s, over 800,000 women belonged to unions, a threefold increase from 1929. The provisions of the NLRA were later expanded under the Taft-Hartley Labor Act of 1947 and the Landrum-Griffin Act of 1959.

Below are some common questions that employees have asked concerning the representation process and its implications. If you have additional questions:

speak with your manager
contact UC Merced’s Labor and Employee Relations at (209) 228-8247
call the UCOP Office of Labor Relations at (510) 987-9900

What is a union?
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.

What does it mean to be exclusively represented?
If, through the representation process, the union represents you, it also represents all employees in the same or similar job classification 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.

How does a union become my exclusive representative?
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 will 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, more than 50% of the employees who vote would have to vote in favor of unionization. If that happened, you would be represented by the union.

What is an authorization card?
An authorization card is a document expressing support for the union and requires your signature.

What does it mean if I signed an authorization card?
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.

If I signed an authorization card, am I automatically a member of the union?
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.

What’s the difference between being a union “member” and just being “represented”?
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.

If I signed an authorization card, do I have to vote in favor of the union if an election takes places?
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.

If I signed an authorization card, and would like to revoke it, what should I do?
Under current PERB case law, authorization cards cannot be revoked.

How does an election actually take place and what will be my choices on the ballot?
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:

“No Representation” – this means you DO NOT WANT unionization
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.

If there is an election, is there a minimum number of employees that must vote in order to decide the outcome?
No. A majority of the employees 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.

Is membership in the union required to vote in an election?
No, if your position is included in the bargaining unit, you may – and should – vote.

Does UC have an opinion about whether or not employees should be unionized?
UC does not take any position on whether employees should be represented by unions. UC supports employees’ rights to determine for themselves whether or not they think unionization is beneficial. The University believes that its role is to make sure that you have an informed choice as you are faced with these important decisions.

If the union obtains a majority of signed authorization cards, or if a majority of voting employees elects a union as the bargaining representative, will I have to become a member of that union and pay dues?
No. Membership in the union is up to you. By law you cannot be forced to join the union. But you will have to pay something to the union for its representation. These are called “agency fees”. The amount depends on the union.

If the union is certified by collecting a majority of authorization cards or by winning an election, would I still have to pay a monthly fee to the union even if I do not sign a card or vote against unionization and cannot vote in union decisions?
Generally, once a union is certified, all employees represented by that union are subject to paying either dues or fees.

How is the amount of union dues established?
The union determines the amount of dues and fees. The union would be able to inform you about their current dues structure.

Will I have any say in the negotiations?
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.

How can I express my opinion about whether or not I am represented by a union?
You have several options. You as an individual can make your opinions known whenever and wherever you and your coworkers gather for discussions of this type.

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.