Q: What are the major provisions of the new law?
A: Senate Bill 207 expands the current state law governing collective bargaining for state employees to include certain eligible employees of the University System of Maryland. The law goes into effect July 1, 2001.

The new law gives these USM employees the right to decide in a secret ballot election whether or not they wish to be represented by a union or other employee organization for the purposes of collective bargaining.

The Governor has appointed a State Higher Education Labor Relations Board (SHELRB) to oversee the implementation of the law. The SHELRB will also be responsible for establishing permissible labor-related activities for both UMBI and the unions interested in representing our employees.

Q: What does collective bargaining mean?
A: Collective bargaining means good faith negotiations between the authorized representative(s) elected by eligible employees in each bargaining unit and the employer to produce a Memorandum of Understanding (sometimes referred to a Contract) covering wages, hours, and other terms and conditions of employment.

Q: What are the bargaining units?
A: The new law designates three bargaining units: Nonexempt employees, Exempt employees, and sworn police offices. UMBI has employees in only the first two categories. The law specifically excludes faculty, students (including Grad Assistants and post-doc fellows), contingent employees, employees regularly working outside the state, employees whose participation in a union would conflict with the State ethics laws, and any supervisory, managerial or confidential employees as defined by the Board of Regents.

Q: How will I know if my job is considered supervisory, managerial or confidential?
A: Now that the Board of Regents has defined the terms supervisory, managerial and confidential, UMBI will determine which positions fall into those categories and notify employees in those positions of their status in writing.

Q: When can an election be held?
A: A union wanting to represent a bargaining unit must file a petition with the State Higher Education Labor Relations Board (SHELRB) including the signatures of at least 30% of the employees in the bargaining unit on cards called Showing of Interest cards. These cards authorize the union that collected the signatures to request a representation election. If a second union wants to be on the ballot, that union must present cards signed by at least 10% of the employees in the bargaining unit. One choice on the ballot will always be "No Exclusive Representative."

Q: How is the outcome of an election determined?
A: An election will be won by the choice receiving a simple majority (50% + 1) of those voting in the election (not a simple majority of those in the bargaining unit). This decision will bind all employees in the bargaining unit, regardless of whether they participate in the election. For example, if only 5 of 75 eligible employees vote in an election and 3 vote yes while 2 vote no, there will be a bargaining unit represented by the organization that received 3 votes. This is why UMBI encourages employees to become informed about the issues and to vote if the opportunity arises.

Q: What can an employee who is not in favor or collective bargaining do during an election campaign?
A: Employees who are not in favor of collective bargaining have the same rights as those who favor organization. They can freely discuss experiences and opinions with fellow employees, remembering that such discussions should not be held in the work areas during work time. Employees are not obligated to meet with or talk to union representatives outside of work, even if they call or visit employees at their homes.

Q: Are there rules about unions' presence in UMBI facilities?
A: Union representatives wanting to hold meetings in UMBI facilities are governed by the same rules on access to UMBI facilities applicable to any outside group. Board of Regents Policy VII-2.20 Policy on Soliciting Personnel During Working Hours prohibits the solicitation of employees at the workplace during work hours, except where such solicitation is part of the assigned duties and responsibilities of the employee.

Q: What about using email to contact other employees or a union about collective bargaining?
A: While employees may use email minimally to exchange information about collective bargaining and elections as long as it does not interfere with UMBI business, employees should remember that email is not a private means of personal communication. All email use is subject to UMBI and USM policies and practice.

Q: If a union wins the election, must I join and pay dues?
A: No, if a union wins the election, you are not required to join. The law prohibits a union from collecting a service fee from members of the bargaining unit who do not join the union. However, if your position is in the bargaining unit, you will be covered by any MOU that is negotiated between the exclusive representative and UMBI, whether you join the union or not.

Q: If an exclusive representative is elected, how would my relationship with UMBI change?
A: Currently, a direct employment relationship exists between employees and UMBI. In addition, you have a voice in shared governance through the UMBI Faculty/Staff senate and UMBI's participation in the USM Council of University System Staff (CUSS). If an exclusive representative is chosen, the issues of wages, hours, and other conditions of employment must be negotiated between UMBI and the union.

Q: What happens if an elected union and UMBI cannot reach agreement on wages, hours, and other terms and conditions of employment?
A: The negotiations would be at an impasse, and UMBI has a right to put its last and best offer to the union into practice.

Q: If my bargaining unit elects a union, do we have the right to strike?
A: No. Under Maryland law, unions may not strike and the employer may not lock out employees.

Q: Whom should I contact if I have further questions?
A: You may contact Kathy DeShong, Assistant Vice President for Human Resources at (410) 385-6337 or deshong@umbi.umd.edu.