Employee and Labor Relations - Frequently Asked Questions
What is collective bargaining?
Collective bargaining is the formal process of negotiation between an employer and a group of bargaining unit employees represented by a certified exclusive representative, often a union, to reach an agreement that will govern the terms and conditions of the employees’ employment.
Who has collective bargaining rights?
State law governs to which employees collective bargaining rights extend. In the USM, collective bargaining rights extend to certain organized regular exempt and nonexempt staff employees and sworn police officers. Employees functioning in supervisory, managerial, or confidential roles are excluded.
What is a bargaining unit?
A bargaining unit is a group of employees with titles and job duties that form a sufficient “community of interest” that a union can reasonably represent those employees, particularly when negotiating conditions of employment. Within the USM, the law defines the appropriate bargaining units that may exist at each institution to include: all eligible nonexempt employees, as described in the federal Fair Labor Standards Act, except eligible sworn police officers; all eligible exempt employees, as described in the federal Fair Labor Standards Act; and all eligible sworn police officers. Employees functioning in supervisory, managerial, or confidential roles are excluded from inclusion in these bargaining units.
How many bargaining units are there across the USM?
There are currently 25 certified institution-specific bargaining units across the USM (see the “Collective Bargaining in the University System of Maryland (USM)” page).
Who oversees the collective bargaining process?
Effective July 1, 2023, the Maryland Public Employee Relations Board (PERB) is the body responsible for administering the state law that regulates labor relations and oversees public sector higher education collective bargaining. The PERB is responsible for conducting elections to certify or decertify an exclusive representative, handling representation election questions and resolving election disputes, and investigating and making decisions regarding Unfair Labor Practice charges filed.
(Prior to July 1, 2023, the State Higher Education Labor Relations Board (SHELRB) was the body responsible for overseeing public sector higher education collective bargaining. The PERB is bound by any prior opinions or decisions of the SHELRB).
How do groups of employees become exclusively represented by a union?
A union seeking to represent a group of employees must petition the PERB to be certified as the exclusive representative for that specific group of employees. The petition, among other things, must be accompanied by showing-of-interest forms. Signatures on showing-of-interest forms are valid if collected within the 18-month period immediately preceding the date on which a petition is filed.
By Automatic Recognition
If a union seeking to represent a group of employees submits showing-of-interest forms signed by more than 50 percent of the eligible employees in a proposed bargaining unit, the exclusive representative will be immediately recognized as the exclusive representative of the bargaining unit. No election will be held.
By Election
If a union submits showing-of-interest forms signed by at least 30 percent (but not greater than 50 percent) of the eligible employees in a proposed bargaining unit, PERB will hold an election to allow eligible employees to vote for “no exclusive representative” or for the petitioning union(s).
A vote for “no exclusive representative” means that these employees would not be exclusively represented by a union. These employees would continue to have the same rights to representation they currently enjoy - that is, the right to choose to be represented by any union or individual or the right not to be represented, and their conditions of employment would be governed by Board of Regents (BOR) and institution personnel programs and policies that apply to non-represented employees.
If the petitioning union is selected, the institution and/or the USM and union would negotiate wages, hours, and other terms and conditions of employment for these employees.
The election's outcome is determined by a majority vote of the valid votes cast in the election, regardless of the size of the proposed bargaining unit. As with a national election, low voter turnout can have a significant impact.
Can a unit change representation?
Yes. A petition for decertification/election can be filed with PERB requesting an election to determine if the incumbent certified exclusive representative of the bargaining unit does, in fact, continue to represent the interests of a majority of the employees in the bargaining unit. Signatures on showing-of-interest forms for this purpose are valid if collected within the 9-month period immediately preceding the date on which the petition is filed.
I have been asked to sign a showing-of-interest form or a petition to unionize. What is this?
Union showing-of-interest forms and petitions are used to collect signatures in support of unionizing. Signing a showing-of-interest form or a petition means you support the union becoming your exclusive representative, either by automatic recognition or through an election to determine whether the union should represent the unit. See response to “How do groups of employees become exclusively represented by a union” above.
Do I have to be a dues paying member of the union to sign a showing-of-interest form or petition or to vote in an election on whether to form a union?
No. Your signature counts if your position is included in the proposed bargaining unit. If an election is held, you would be eligible to vote.
Do I have to vote for the union because I signed a showing-of-interest form/petition or because I am a dues paying member of the union?
It depends.
If the union collects showing-of-interest forms signed by more than 50 percent of the eligible employees in a proposed bargaining unit, the exclusive representative will be immediately recognized as the exclusive representative of the bargaining unit. No election will be held, and you will not have the opportunity to vote by secret ballot.
If the union collects showing-of-interest forms signed by at least 30 percent (but not greater than 50 percent) of the eligible employees in a proposed bargaining unit, an election will be held. When an election is held, you choose how to vote. Even if you signed a showing-of-interest form, you can decide to vote for “no exclusive representative” at the election. Elections are by secret ballot.
Is there a minimum percentage of eligible voters that must vote to decide the election?
No. If an election is held, a simple majority (more than 50 percent) of the votes cast will decide the election for the whole bargaining unit. This decision will bind all employees who are eligible to vote, regardless of whether they vote. Voter indifference can result in a minority of the unit deciding the issue for the majority.
If I am in a bargaining unit position, am I required to pay union dues for my interests to be represented?
USM employees cannot be compelled to be a member of a union; employees may choose to join any or no union. The exclusive representative of a bargaining unit is required to fairly represent the interests of all employees in the bargaining unit, including those who may choose not to become dues paying members (the compulsory payment of a “service fee” was found to be unconstitutional in Janus v. AFSCME Council 31, et al.). An employee’s interests are represented in collective bargaining by an exclusive representative if the employee is in a bargaining unit (this is based on the employee's position). All bargaining unit members are covered by the terms of the applicable MOU.
What are union dues used to fund?
Union dues fund a wide variety of programs or activities of a union, including representation-related duties, training, communication with members, the salaries and benefits of union leaders and staff, and political and ideological activities.
How do I become a dues paying member of the union? How do I cancel my existing membership?
An employee who would like to voluntarily become a dues paying member of the union should contact the union to which they would like to belong and follow the instructions given for signing up. Similarly, an employee who is a dues paying member who wishes to cancel their membership should contact the union to which they pay dues and follow the instructions given for discontinuing their union membership.
What does it mean to be represented by a union? How does this affect me?
If you are in a bargaining unit represented by a union, your wages, hours, and other terms and conditions of employment must be negotiated between your institution or the University System of Maryland (USM) and your union. The terms and conditions agreed to are formally outlined in a labor contract called a Memorandum of Understanding (MOU).
How are contracts negotiated?
Representatives from the institution and/or the USM and the union (“bargaining teams”) meet to negotiate the terms of an agreement. During these negotiations, both sides discuss contract-related issues and present proposals and counter-proposals. State law requires that both sides engage in good-faith negotiations to try to resolve any differences and work to reach an agreement in a timely manner.
What does it mean to negotiate in good faith?
This means that the parties have a mutual obligation to meet at reasonable times and places with the intention of reaching an agreement. This does not mean, however, that a party to collective bargaining negotiations can be compelled to agree to a proposal or to make a concession.
How long does it take to negotiate a labor contract?
There is no way for this to be predicted. Some labor contracts have been negotiated in a matter of weeks, while others have taken months or years to complete.
What if my institution and/or the USMO and the union cannot reach an agreement on their own?
When the parties are unable to reach an agreement on a mandatory subject of bargaining, the parties are said to be at an impasse. When an impasse is reached during the negotiation of a MOU, the services of a mediator or fact finder may be utilized pursuant to state law and any regulations adopted by the PERB. If the parties remain unable to reach agreement and they are negotiating a successor MOU, all of the terms of the expired/expiring MOU will remain in effect until a successor MOU is agreed to and ratified.
Will I have a say on what will be negotiated and the ultimate agreement?
Whether represented employees can express their views on contract matters depends on the internal procedures and decision-making process of their particular union and its officers.
Who pays for negotiations?
The institution pays for university expenses, and the union pays for union expenses.
