Tufts University Libraries Unionization FAQ
The Current Situation
Under the National Labor Relations Act, a union may file a petition with the National Labor Relations Board (NLRB) seeking a representation election if they have collected signatures from at least 30% of workers in a potential bargaining unit. In September, the Local 888 chapter of the Service Employees International Union (SEIU) filed such a petition seeking an election to represent full-time professional and staff members of Tufts University libraries.
University Labor Relations has created this webpage to provide library staff members eligible to vote and their supervisors with the facts they will need to make an informed decision. We strongly encourage all eligible staff to vote so that everyone’s wishes are considered in this important decision. These FAQs may be updated periodically.
The Election
The core question for eligible library staff would be: Do you want SEIU Local 888 to be your exclusive representative for all matters related to pay, benefits, hours, and other terms and conditions of employment? Or do you want to preserve your independence as individual staff members to discuss such matters directly with your supervisors?
We assume that each person has their own reasons and experiences with labor unions that may influence their stance on this issue. Some employees may believe a union would provide a stronger collective voice in workplace matters, while others may prefer direct engagement with managers and university leaders. We hope that all staff become fully informed on what a union is and what it means to have a union be the exclusive representative for eligible library staff members.
The election will be conducted by the NLRB. Voting will take place in person on Wednesday, October 21:
- 8–9 a.m. at Hamlinburg Lecture Hall, Room 201 at 3 Library Circle, North Grafton, MA 01536
- 4:30–6:30 p.m. at Tisch Library, 35 Professors Row 310, Medford, MA 02155
Both the union and the university are allowed to have an observer present during voting and during the counting of ballots. Elections under the National Labor Relations Act are secret ballot votes, meaning that neither the university nor the union will know how a staff member voted.
The outcome will be determined by a majority of those who vote, just like any political election. If only 20 people vote, and 11 vote for the union, the SEIU would be voted in. All full-time eligible library staff members would be bound by the election results and all would be exclusively represented by the SEIU.
If the SEIU is not voted in, we would continue to work directly with you on matters relating to your compensation, hours, and working conditions.
If the SEIU is voted in, by law the SEIU would become your exclusive agent for all aspects of compensation, hours, and other terms and conditions of employment. Tufts University would no longer be able to work with you directly, or through any other body or committee, on such topics unless authorized by the union or by the collective bargaining agreement.
The actual language of the National Labor Relations Act can be found on the NLRB website; section 9 (a) deals with exclusive representation.
No. Once voted in, unions are not subject to reelection. That is why the decision to unionize is so consequential. Typically, an elected union remains the exclusive bargaining agent for employees unless the union is formally “decertified” and/or a different union is elected under NLRB rules. The NLRB process for decertifying a union is complex and time-consuming.
For example, a union cannot be decertified for at least one year after certification. After that, if a collective bargaining agreement is in effect, a decertification petition can only be filed between the 60th and 90th day before the contract expires. Thus, if there is a three-year contract, the union could not be decertified during most of the time the contract is in effect.
No. The results of any election are binding to everyone in the bargaining unit, including eligible staff who do not vote, staff who vote “no,” and all future staff who won't have an opportunity to vote. We strongly encourage all those who are eligible to vote.
Collective Bargaining: The Basics
The National Labor Relations Act requires that, once a union is certified, both sides negotiate in good faith in an effort to reach a collective bargaining agreement on all matters involving compensation, hours, and other terms and conditions of employment.
Either side can make proposals to the other in such negotiations, and bargaining does not necessarily begin with the current level of benefits or working conditions. Thus, either side may propose changes to salary structures, job expectations, or other mandatory subjects.
There are no time limit requirements for the collective bargaining process, but usually first contracts take a year or more to negotiate.
There are no requirements that either side make any particular concessions or agree to any particular proposals. There is no third party that resolves any conflicts over issues.
Tufts University works to achieve a constructive relationship with the unions that represent some of its employees; however, collective bargaining can be a lengthy and adversarial process.
Not all topics are subject to bargaining. The law requires negotiations over “wages, hours, and other terms and conditions of employment.” Examples of mandatory subjects of bargaining (i.e., subjects that must be negotiated at the request of either party) include:
- Salary and benefits
- Hours and days of work
- Qualifications and credentials for retention
- Appointment and non-reappointment procedures and criteria
- Promotion procedures and criteria
- Workload and work expectations
- Evaluation procedures and frequency of performance reviews
- Union security provisions (often called “dues”), i.e., any requirements for staff members to provide financial support to the union as a condition of employment
- Grievance procedures
No. The law does not require that any particular concession, provision, or benefit be included in a collective bargaining agreement. “Good faith negotiations” means that both parties must meet at reasonable times and confer in good faith over bargainable topics, but both parties may also reject any of the proposals of the other. The specific language of the NLRA on these points is Section 8 (d):
Section 8 (d) [Obligation to bargain collectively] …, [T]o bargain collectively is the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours and other terms and conditions of employment, or the negotiation of an agreement or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession (emphasis added).
Many topics of interest to employees are not mandatory subjects of bargaining. Thus, if one side or the other does not wish to discuss such a topic, there is no legal obligation to do so. Examples include:
- Management structure and organization
- Ability to review or manage the budget
- Core business decisions to advance the mission of Tufts University and the libraries
- Internal management policies
SEIU would determine who serves on the union bargaining team. Typically, union bargaining teams include at least one union official and members of the bargaining unit.
A first contract usually takes a year or more to negotiate, because there is no foundation on which to build.
If the parties fail to reach agreement, a mediator may be called in to assist in negotiations if both parties agree to do this. However, no third party resolves negotiation disputes in the private sector, and the parties are free to use traditional pressure tactics to force agreement. The most common such tactic is the union’s right to call a strike.
Yes. Both sides are free to make proposals for inclusion in the contract. The administration may make proposals that change the status quo, as can the union.
Your benefits—such as health insurance, flexible spending accounts, and retirement plans—may or may not change if the union is elected. Benefits for union staff would depend on the collective bargaining agreement and could be different than for other Tufts employees.
No. Bargaining does not necessarily begin with the status quo. As a result of collective bargaining, you may end up with more than what you currently have in some areas of compensation and working conditions, the same as what you currently have, or less than what you currently have.
During bargaining, it is common for a union to demand a clause in the collective bargaining agreement requiring all employees in the unit to join the union and pay dues or pay a fee equivalent to dues to the union as a condition of employment. Failure to pay such required dues may result in termination of employment.
In the event of an election, staff may ask the SEIU how much they would pay in union dues and fees, because only the union—not Tufts—would set that amount. Staff may also ask what the union’s constitution and bylaws say about periodic increases in dues and fees, and the union’s policies regarding union membership as a condition of employment. You have the right to ask to see a copy of the union’s current dues requirements and ask how they have changed over the years, as well as the union’s rules for member obligations, assessments, fines, and other fees.
Rights and Responsibilities
You have the right to:
- Campaign for or against a union.
- Ask for a copy of the union’s constitutions and bylaws.
- Ask questions.
- Vote in secret, should an election be held.
Tufts University will not discriminate or retaliate against any library staff members because of their views for or against unionization.
By law, the university cannot make any promises to improve working conditions or grant benefits or policy changes in order to have library staff vote against unionization. The university and its administrators are perfectly free to express their opinion on the election and on unions and to provide information about unions.
The union is not under the same restrictions regarding promises and is free to promise voters anything in an effort to win their votes. The following is a quote from the National Labor Relations Board as part of its decision on a case:
Unions can promise wage increases, better benefits and protecting what you now have during an election campaign, even though they have no actual power to guarantee those things, because those promises are considered mere “pre-election propaganda" (Shirlington Supermarket, Inc., 106 NLRB 666, 1953).
Ultimately, only collective bargaining can determine the wages, benefits, and other terms that may be included in a future labor agreement. Neither the university nor the union can guarantee the outcome of future negotiations.
For additional information, please see:
You can also contact the Tufts University Labor Office at 617-636-6600.
There are a number of unions at Tufts, and the university continues to cultivate strong and productive relationships with each one. We respect our employees and the important work they do for Tufts and its students. And we respect employees’ right to unionize and engage in collective bargaining. We’re committed to constructive engagement at the bargaining table and fair treatment of all Tufts employees.