Representation Petition has been filed with PERC
TIPS—Employer “Do Not’s”
T—Threaten
Employers cannot threaten employees with adverse action if they support or do not support a union. Employers cannot retaliate against employees who demonstrate union leanings or participate in Public Employment Relations Commission (PERC) proceedings, such as by reducing privileges, suddenly cracking down on tardiness or absenteeism, instituting tougher rules, or otherwise punishing employees for union activity.
I—Interrogate
Employers cannot question employees about their views or activities with regard to unionization. Employers cannot ask employees whether they have signed union authorization cards or attended union meetings, or who and whether their co-workers have done so, or how they will vote in a union election.
P—Promise
Employers cannot promise to or grant new benefits to employees if they vote for or against a union. Employers cannot promise to or grant pay increases during a union drive for purposes of making unionization more or less attractive to them.
S—Surveillance
Employers cannot spy on employees concerning their union activities, such as standing or parking outside a union meeting place with the intent of monitoring activities. Employers cannot visit employees at their homes to solicit their support for or against a union. Employers cannot attend union meetings, even if invited.
TOOLS—Employer “Do’s”
T—Truthful
Provide employees with correct facts. Refute untrue statements. Respond to employees questions about compensation and personnel policies. If you are unsure or unable to provide the appropriate assistance refer questions or concerns to Human Resource Services.
O—Objective
Objectively enforce non-solicitation policies. Require any solicitation for membership or discussion of union affairs, regardless of an individual’s stance, be conducted outside work time. (An employee can solicit and discuss unionization on his/her own time, on CWU premises in accordance with CWU policy, when it does not interrupt work.)
O—Open
Be open. Do not avoid employee’s questions. Tell employees that you and other members of management are always willing to discuss any work related matters of interest to them, but that the employer is legally barred from making or promising any improvements prior to a union election.
L—Listen
Listen to what employees have to say about the organizing efforts and activities. Address their concerns and questions. If you are unsure or unable to provide the appropriate assistance refer questions or concerns to Human Resource Services.
S—Supervise
Continue to supervise and conduct business as usual. Expect Employees to fulfill the duties of their position. Enforce CWU rules and policies impartially and in accord with customary practices.
WAC 391-25-140 Notice to employees—Limitations on employer actions.
— Outtakes from WAC, please refer to state for full listing
….(2) Changes of the status quo concerning wages, hours or other terms and conditions of employment of employees in the bargaining unit are prohibited during the period that a petition is pending before the commission under this chapter.
(3) The employer shall not express or otherwise indicate any preference between competing organizations, where two or more employee organizations are seeking to represent its employees. ….
Can CWU make changes to my working conditions after a petition regarding representation has been filed?
No. In accordance with WAC 391-25-140, changes of the status quo concerning wages, hours or other terms and conditions of employment of employees in the Bargaining Unit or proposed Bargaining Unit are prohibited during the period that a petition is pending before the PERC.
For currently represented employees, in accordance with WAC 391-25-140, when a petition is filed that involves employees who are currently represented:
CWU is required to suspend negotiations with the incumbent union on a successor Collective Bargaining Agreement (Contract) involving employees affected by the petition.
CWU and the incumbent union may proceed with negotiations covering employees not affected by the petition, and shall resume negotiations on a successor agreement covering the affected employees after the question concerning representation is resolved if the incumbent exclusive bargaining representative retains its status.
What are my rights if a union representative wants to talk to me about joining a union during working hours at my work location?
You have the right to accept literature from the union representative, and set up a time to discuss joining a union during your breaks or meal periods in detail. You may also ask the union representative to leave or contact your supervisor or Human Resource Services at 509-963-1462 for assistance.
Union representatives may have access to employees in appropriate areas on University property, so long as the union representatives are not present in restricted areas without permission. University policies and procedures and all CWU Contracts state that employee rest and meal periods are non-work time for the purposes of union access to employees. As with any solicitation by an outside entity, solicitation may not negatively impact the productivity of our staff while they are performing their duties for CWU.
Additionally, in accordance with WAC 391-25-436 , while a notice of election is posted, individuals can only conduct campaigning actives in public/non-work areas during non-work time and as long as they do not disrupt operations. The State of Washington also prohibits the use of University resources for personal gain (RCW 42.52.160). Therefore, even if a university employee is participating in the campaigning they may not borrow or use University property for purposes unrelated to official University activities or authorize the free use of University property under their control to anyone for purposes unrelated to official CWU activities. BPPM 20.37 & BPPM 10.21. University resources also includes employees time during work hours.
If my coworkers voted for a union and PERC certifies a bargaining unit that includes my position, will I automatically become a member of the union?
Yes. Employees within the certified Bargaining Unit will become union members, regardless of how they voted or if they voted in the election.
