general union FAQ
What is a union?
A union is an organized group of workers who come together to make decisions about the conditions of their work. As a union, we are bargaining with management on wages, work hours, benefits, workplace health and safety, and other work-related issues. The product of that negotiation is a legally binding contract that protects employees and their rights. Only non-supervisory staff are union-eligible.
what Are My Rights as a union member?
The National Labor Relations Act (NLRA) protects federal employees’ rights to organize, bargain collectively, and participate in labor organizations of their choosing – and to refrain from doing so. Employees covered by this act have the right to form, join, or assist a union, or to refrain from such activity, without reprisal, including the right to:
- Organize, or attempt to organize, a union in the workplace
- Act as a union representative
- Seek union assistance
- File or pursue a grievance
- Refuse to form, join, or assist a union
- Be fairly represented by their union
am I a union-eligable member?
Union-eligible staff include full-time and part-time employees (i.e. no contract workers or temporary staff) who do not supervise staff. All union-eligible staff are fully covered by the collective bargaining agreement that is negotiated between the employer and the union, and the union is obligated to represent all members. Any employee that is part of the bargaining unit can opt into membership and pay dues. Membership allows us to participate in union elections or meetings, vote on our contract, or participate in other internal union activities. If you live in a so-called “Right to Work” state, you can still join the union. In these states, people can opt out of paying union dues which often makes unions weaker. This is why we encourage everyone to be a member.
will i ever be forced to strike?
No. The only way unions can strike is if they VOTE to strike. Most contracts are bargained successfully without even the threat of a strike. Additionally, even if the majority does vote to strike, you are not required to participate. We understand that strikes pose a financial risk and sacrifice, so that decision is yours to make. However, there is power in solidarity.
What are unfair labor practices (ULP) and why do they matter?
Unfair labor practices (ULPs) are actions taken by employers or unions that are illegal under the National Labor Relations Act (NLRA) and other labor laws. Some of these rules apply to the interactions between the employer and the union; others protect individual workers from unfair treatment by an employer or union.
how does this impact supervisors and relationships with their staff?
Managers are not union-eligable because they are considered “agents of the employer,” and therefore are not provided the same legal protection that non-supervising and non-managerial employees are. However, the team which they lead may be wholly comprised of union members, raising questions about what is allowed.
According to the NLRB, "supervisors and managers cannot spy on union staff (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. You can't be fired, disciplined, demoted, or penalized in any way for engaging in these activities." Particularly, it is true that managers are not allowed by law to directly bargain (or engage in “direct dealing”) with bargaining unit members. Direct dealing is when someone in management makes a promise or an assurance that the organization will change its position on a bargaining issue. However, direct dealing is very different from fielding and passing along concerns or questions, especially as it relates to upcoming changes in the workplace. Staff can still express concerns with their managers and request that they elevate them to their own supervisor or VP. There is no rule or law prohibiting managers and unionized staff from discussing bargaining updates, grievances, hopes, and frustrations.
According to the NLRB, "supervisors and managers cannot spy on union staff (or make it appear that they are doing so), coercively question you, threaten you or bribe you regarding your union activity or the union activities of your co-workers. You can't be fired, disciplined, demoted, or penalized in any way for engaging in these activities." Particularly, it is true that managers are not allowed by law to directly bargain (or engage in “direct dealing”) with bargaining unit members. Direct dealing is when someone in management makes a promise or an assurance that the organization will change its position on a bargaining issue. However, direct dealing is very different from fielding and passing along concerns or questions, especially as it relates to upcoming changes in the workplace. Staff can still express concerns with their managers and request that they elevate them to their own supervisor or VP. There is no rule or law prohibiting managers and unionized staff from discussing bargaining updates, grievances, hopes, and frustrations.
what is union busting?
Union busting are tactics that management can still use to hamper support for the Union (before and/or after it is formed). Being aware of and recognizing these strategies is important to standing confidently in our right to unionize. Union busting tactics include:
- Delay, Delay, Delay: Leadership may use delay tactics to stall negotiations. For example, they may refuse to furnish documents, insist on an inappropriate confidentiality agreement, circumvent the Union in relevant decisions, and continuously reject Union proposals. The Union would then be forced to file Unfair Labor Practice charges that require additional time to process.
- Captive Audience Meetings: Leadership can force workers to join staff meetings in which they describe their stance on the Union and issues without providing opportunities for the Union to represent itself.
- Letters and Memos and the sole use of the organizational email: Leadership can send information about the Union to staff members using the organizational email server. Conversely, the Union is limited in its ability to use the organizational server to respond or drive messaging.
- “Us versus Them”: Leadership can try to paint the Union as a third party, when in fact it is composed solely of employees of the organization! They can convey to managers that their unionized employees are “out to get them”, “can’t be trusted”, and “standing between us.”
- Scare Tactics: Because managers aren’t protected by the Union, they can be threatened or disciplined for interacting with and supporting the Union. This makes it much easier for leadership to create distrust and even resentment of the Union.
- Controlling the Narrative: Again, because managers aren’t protected under the NLRA, leadership can enforce a “script” upon managers to force them to be surrogates of the company.
- Spreading Disinformation: Whether intentional or not, the spread of disinformation can be a huge tool to undermine union efforts and negotiations.
defenders united faq
Is defenders united an official, recognized union?
Yes! Defenders United became official in Fall of 2021. We are part of the Office and Professional Employees International Union (OPEIU) Local 2. OPEIU was founded in 1945 and represents more than 100,000 workers across every state, Puerto Rico, and Canada. Defenders staff who were involved in forming our Union early on voted overwhelmingly to be represented by OPEIU after interviewing several different unions. Learn more about our story here!
Can’t we get more by just sitting down and talking individually with the boss?
As individual workers, when faced with workplace changes, we have no choice but to either accept the pay, hours, working conditions etc that the leadership decides to offer us, or quit. By working together through a union, we win the right to negotiate these issues. Inherently this means a more fair work environment. Bargaining collectively is the only way to effectively negotiate “big issues” such as health insurance, wages, COVID safety, and fair working conditions. In non-profit organizations, raises are often determined by circumstances that have nothing to do with job performance, such as grant income or the power of your department head. With a union, gains are fair and guaranteed by a contract.
Does having a union impact our program funding?
We are unaware of any non-profit that lost funding because of unionizing campaigns. In fact, having non-managerial staff feel secure and protected in the workplace often makes them more productive and focused on the mission, which would make funders happy. At the same time, unionizing can attract progressive funders who see the value of unions in the United States. However, the high-priced anti-union lawyers hired by Defenders of Wildlife are paid for with donor dollars fundraised for wildlife conservation. The longer they delay bargaining with us, the more money management is choosing to spend fighting against their staff rather than defending imperiled wildlife. The future of funding for the programs we care so much about as a result is deeply distressing worry for many union and non-union staff.
is there union fees to be a part of defenders united?
No one pays a penny in dues until we bargain a first union contract. When we ratify a union contract that we are satisfied with, dues will kick in. The union is a non-profit; all the money goes back into the membership.
what are we fighting for? why did employees feel the need to unionize?
Great question! In short, we unionized in order to create a stronger, more equitable, and even more effective Defenders of Wildlife. Through unionizing, staff can openly, honestly, and genuinely collaborate with management to address their concerns. We refuse to work within the culture of fear originating from our President and CEO. You can read more about general priorities and stances of Defenders United here. You can also learn all about how we started and the progress we have made here.
has unionizing made change at defenders more BUREAUCRATIC, slow, and difficult?
Just the opposite. Standard rules and procedures allow for more efficient decision-making as it relates to contract provisions. And remember, we all vote on the contract. We wouldn’t vote for a contract that makes our lives more difficult. However, we have heard and seen that high-level management is convincing supervisors that every delay and roadblock is caused by the union, while taking complete credit for every success we achieve through bargaining, through half-truths and misinformation.
Importantly, unionizing has allowed us to defend ourselves against unfair, unilateral decisions by management. We also believe that having Defenders staff unionized means a greater diversity of voices, which should lead to greater diversity and representation, and inherently make for a more fair and ethical workplace.
Importantly, unionizing has allowed us to defend ourselves against unfair, unilateral decisions by management. We also believe that having Defenders staff unionized means a greater diversity of voices, which should lead to greater diversity and representation, and inherently make for a more fair and ethical workplace.
once i start working, am i automatically enrolled in the union? is there an onboarding process?
Any employee that is part of the bargaining unit can opt into membership and pay dues. Membership allows us to participate in union elections or meetings, vote on our contract, or participate in other internal union activities. We want to hear your voice and empower you to help make our workplace better! This is why we encourage everyone to be a member.
Although, because we have not yet reached a contract, dues are not yet in place and any union-eligible member is welcome and encouraged to engage in union activities, including communications, bargaining, onboarding, and other action committees. Don't worry, most of us are learning as we go and knew nothing about unions when we started! When you begin working at Defenders, a union member will reach out to you for with onboarding resources and an invite to our slack channel.
Although, because we have not yet reached a contract, dues are not yet in place and any union-eligible member is welcome and encouraged to engage in union activities, including communications, bargaining, onboarding, and other action committees. Don't worry, most of us are learning as we go and knew nothing about unions when we started! When you begin working at Defenders, a union member will reach out to you for with onboarding resources and an invite to our slack channel.
WILL I FACE NEGATIVE CONSEQUENCES FOR SUPPORTING OR BEING IN THE DEFENDERS UNION?
You have a right to unionize; it is illegal for an employer to retaliate against an employee organizing a union. And, to prevent any staff person from being singled out, unionizing is always done collectively. If anything, there are incredible benefits to supporting a union such as the ability to negotiate your working conditions and the solidarity you get from colleagues.
Your pension plan is also not at risk. Initially, Defenders’ pension plan had a clause prohibiting unionized employees from participating in the pension program. Once the Union was certified, Defenders removed this clause from the pension plan, thankfully enabling plan participation to continue uninterrupted.
Your pension plan is also not at risk. Initially, Defenders’ pension plan had a clause prohibiting unionized employees from participating in the pension program. Once the Union was certified, Defenders removed this clause from the pension plan, thankfully enabling plan participation to continue uninterrupted.
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