FAQs and Concerns

Why should I join Tulane Workers United?

There are many benefits to joining a union–from increased salaries and better benefits to job security and protections–but at the root of it all, joining a union means having the opportunity to collectively bargain with our employer over those things that most fundamentally impact our lives and livelihoods. In their attempts to dissuade employees from unionizing, employers might often claim that “everything is on the table,” when you sit down to bargain–the implication being that they intend to take from you what little you already have. In a certain sense, they’re right: everything is on the table, which means we can bargain for things that improve not only our working lives, but for the greater good of the Tulane community and the city of New Orleans. Ultimately, however, joining Tulane Workers United means that we can sit down with Tulane administration to bargain over the conditions of our employment–and we can bring anything we want to the table.

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights related to union organizing. This includes any acts or statements intended to prevent or dissuade employees from working together to improve their conditions of employment. Such actions, even when indirect, can “chill” (aka attempt to intimidate or threaten) employees from exercising their rights under labor law—as such, they are violations of the NLRA.
For example, if a Tulane administrator says the following, not only are they perpetuating misinformation, but they are most likely intentionally trying to chill support for the union:

• “We’re not able to hire any more POPs this year because of the union.”
• “You can’t talk about NTT faculty issues in your department meeting because of the union.”
• “We may have to cut your program’s funding because of the union.”

You may have encountered these exact statements—we certainly have!

In such situations, it’s common for administrators to cite the guidance of Tulane’s legal counsel—as if their primary concern is maintaining neutrality and following the law. Don’t make the mistake of believing that Tulane’s legal representatives are somehow a neutral party—they know who is paying them, and they know what they were hired to do. (Let’s not forget that Tulane is paying hundreds of thousands of dollars to Ogletree Deakins, a law firm that specializes in union-busting, to further their interests.)

You might wonder why Tulane would so willingly break the law, when they can certainly expect that we will file unfair labor practice charges against them. It’s possible that they simply expect they can get away with it—after all, they’ve enjoyed unilateral power over us for years, and perhaps they simply don’t know how to deal with workers who come together and speak up for themselves. However, it’s perhaps more likely that this is a tactic to make us lose our focus on the big picture—if we’re spending all our time running around and putting out the fires they set, then we’re not focusing on what matters most: Bargaining a contract that wins us real gains, real protections, and transformative improvements in our work lives.

For newly certified unions that have not finished bargaining a first contract (like us), there are legal protections in place to maintain the “status quo.” The employer is prohibited from unilaterally changing any terms and conditions of employment unless it is continuing with a frequent, regular change that persisted over a number of years. However, we’ve noticed that, while the purpose “status quo” is to protect unionized workers from acts of interference and retaliation, Tulane has weaponized this term in order to produce a chilling effect.

Tulane administrators have suggested that, due to status quo laws, departments can no longer make any decisions about their own working conditions insofar as they impact unionized faculty. Tulane claims that, because non-tenure track employees are now unionized, any and all changes to employment conditions can only be made by the union via our new contract. To put it bluntly: Tulane wants us to believe that positive changes cannot currently be made and that it’s the union’s fault. This is a fundamental misrepresentation of status quo.

The truth is that changes to the status quo can be made, but they require the approval of the union. This is a very important distinction. Status quo is intended to protect us from interference, not to prevent us from making positive changes.

We have already seen examples of departments and programs that want to make positive changes this year, but the administration has said that these changes cannot be made “because of the union.” The reality is that, if they wanted to, these administrators could approach the union and propose these changes. The union would then have the capacity to approve such changes—and if those changes are indeed a benefit to our membership, there is no reason we would prevent them.

Any time the administration claims that changes cannot be made “because of the union,” it’s a way of falsely shifting the blame to the union. If the administration wants to talk about changes, we’re ready and we welcome those proposals.

It’s important to remember that, at the root of it all, unionization is about power. It’s the way that we, as workers and employees, gain the power to determine our own working conditions, to bargain over things like salary and benefits, and ultimately to have our voice heard and recognized. When we gain power, that means the university administration will lose some of their power over us. They will no longer be able to make unilateral decisions that impact our employment and our working conditions without consulting us first. When it comes down to it, the university would rather not have to consult us, and they might do everything in their power to prevent that from happening. This could include, for example, circulating misinformation, half-truths and talking points that the university and their lawyers will carefully develop to have the most impact as possible.

The university is legally required to remain neutral when it comes to the unionization process. However, we know from experience that employers are never as neutral as they might wish to appear. In fact, employers might often spend hundreds of thousands of dollars on anti-union lawyers who will help them to articulate their opposition to unionization without technically breaking the law. They will often do this by providing “information” about unions and sharing supposedly neutral “union facts”. But keep in mind, any information the university shares regarding unions is shared for a purpose–whether that purpose is transparent or not.

Legally employers cannot retaliate against you, and we will use the law to the fullest extent if they do. In fact, the National Labor Relations Act establishes the fundamental right of “employees at private-sector workplaces… to seek better working conditions and designation of representation without fear of retaliation.” Beyond the law, however, we move quickly to build critical mass so that we can respond immediately if the university does something illegal. While union organizing activity is protected under federal labor laws, our greatest strength comes not from the law but from our numbers. An injury to one is an injury to all–and we will respond accordingly!

However, it’s unlikely that supervisors or the university would retaliate directly, because they have very good lawyers who know this is illegal. They are far more likely to spread fear and confusion in more oblique ways. You might, for example, encounter use of the “prediction loophole”–whereby certain “predictions” about what “might” happen are conveyed by those in power, rather than overt threats. Should you encounter any threats disguised as predictions, contact the union immediately so that we, and our legal representatives, can respond.

The legal right to organize is protected for US citizens and non-citizens alike. As a private university, we are federally protected by the National Labor Relations Act (1935) and the university–like any private employer–cannot threaten, intimidate, or retaliate against workers, regardless of citizenship status, whether during a union organizing campaign or after we have a union. In the US, the right for all workers–including immigrants–to form a union has been protected by the law for over 80 years!

Furthermore, job stability is a key priority when forming a union. We’ve watched as Tulane has systematically relegated immigrant workers to lower paid and more tenuous positions (i.e. VAP/Instructor/Lecturer). If we want to make Tulane a safer place for our immigrant brothers and sisters, we need to build collective power through unionization!

We are affiliated with Workers United, a national labor organization that offers us a great deal of legal and organizational support; however, we (contingent faculty) are the Union. We make our own decisions democratically, and we will elect leadership from our own ranks. Workers United (an affiliate of SEIU) provides support, strategy, and guidance as we make these decisions. With a union, your vote actually matters! Through democratic decision-making, we will decide what to bargain for and we will decide when we’ve reached a fair contract with the university.

As most of us already know, contingent faculty are largely disenfranchised at Tulane. The vast majority of us have no vote in matters of shared governance – and, even if we did, this vote would hold little to no binding weight. We’ve watched university administrators make decisions against the will of even tenured faculty, because at the end of the day, what passes for “shared governance” often amounts to little more than an advisory board. A union, on the other hand, gives us actual institutional power to participate in the decisions that impact our lives and livelihoods.

Union members do pay dues, but the raises we win will far outweigh whatever dues we choose to pay. In fact, because we are the union, we will determine collectively and democratically how much to pay in dues. Typical union dues are around 1-2% of each paycheck–and, furthermore, we don’t start paying dues until we have ratified our contract. Why would we accept a contract and dues that don’t make sense for our financial situation?

Administration might use the fear of high dues to dissuade us from working together in the interest of real change. Let’s be real–this is a tactic, and nothing more. Tulane administration doesn’t actually care if we can afford expensive groceries, rent, or gas. If they did, we would have seen real raises in the last twenty years. When administration warns about high dues, their only purpose in doing so is to prevent us from forming a union and winning real increases.

There’s a common misconception that teaching jobs aren’t “real” jobs and that we do this work simply because we love it–not because we need to earn a living. And it’s true that many of us do find fulfillment in teaching and research. Personal fulfillment, however, doesn’t put food on the table or pay rent checks. We deserve a salary that allows us to live comfortably in New Orleans. We deserve raises, transparency, and real job security. But, most of all, we deserve real power and the ability to make decisions about our work and our livelihoods.

University administrators across the country have decided that they should run universities like businesses–minimizing costs, increasing profits, and reducing “shared governance” to little more than faculty advisory boards. These decisions are reflected in the explosion of underpaid contingent labor, the dismantling of tenure, and the increasingly exorbitant salaries of university administrators. The result, however, has been clear: Faculty across the country are forming unions and fighting for equity, justice, and a voice in how we run our universities. Through these unions, faculty have won incredible victories ranging from salary increases and job security to protections against sexual harassment and support for immigrant workers and scholars. Just last year, Rutgers faculty won massive salary increases across the board, including 47% increases for adjunct faculty and minimum increases of at least 14% for all full-time faculty.

We understand our students better than anyone else at the university–after all, we’re the ones who spend our days working with students in the classroom, mentoring students during office hours, reading student papers, and learning about our students’ lives. Shouldn’t we have a say in decisions that impact our students? We’ve watched administrators regularly make unilateral decisions in the interest of just one priority: the bottom line. Forming a union allows us not only to advocate for our own benefit, but for the benefit of our students and the university at large. Furthermore, students should understand the poor working conditions of their professors. They’re paying massive tuition rates to attend this institution, but where does that money go? Apparently not to the very people who teach them day in and day out. Ultimately, faculty working conditions are student learning conditions. When faculty aren’t living paycheck-to-paycheck, they’re more capable of giving students the attention and care they deserve. And when faculty have a seat at the table with administration, we can advocate for those things we know will benefit our students.

Unions are one of the best vehicles for justice and equity. Building a union means we get to decide what equity and transparency look like in hiring practices, promotion lines, and many other issues of equity. We also have adjuncts, staff, and faculty at other universities in New Orleans waiting for us to set a new standard so they can form a union. This sets the groundwork for all higher education workers in the city to have a better standard of living. Furthermore, by establishing a union, we can provide experience, guidance, and resources to other faculty and staff as they organize and build power with us across the university, the city, and the country. Forming Tulane Workers United is just the beginning of what we envision as a much broader change at Tulane and in the city of New Orleans.

Tulane University has net assets of over $3 billion, an operating budget in excess of $2 billion, and an endowment of over $2 billion. Tuition/fees and room & board is $92,000 annually. The university might try to make it seem like they don’t have enough money to give to faculty for raises or benefits, despite the fact that they have ample funding for administrative and coaching salaries. Furthermore, when we win and start negotiating a contract, if Tulane tells us they cannot afford our demands, we get to look through Tulane’s finances to see for ourselves. We have this legal right as a union. We don’t just have to work within the budget of our individual schools (SLA/SSE) either, but instead will get to negotiate with Tulane as a whole.

Raises for some workers will not come at the expense of other workers. We are in this together, and we will bargain for the benefit of all. This will include bargaining for raises across the board, while also working to raise the minimum threshold for our lowest-paid workers. Furthermore, money isn’t the only thing we’re bargaining over. We can also win better job security, clearer promotional tracks, better EDI practices, and a seat at the table. While our individual needs and situations may differ, we all stand to gain when we work together.

We do expect, however, that university administration might use “divide and conquer” tactics in their attempts to prevent unionization. We’ve seen such rhetoric deployed almost any time workers join together to fight for improved conditions. Administration might say that unionization will hurt tenure-track faculty and upset them. They’ll attempt to pit part-timers against full-timers. But we must remember that they do this entirely to prevent us from getting a seat at the table–administration doesn’t want to share their power with faculty. Tenure-track faculty are our brothers and sisters in this fight. They can’t be in the trenches with us, but they are supporting us from the sidelines. They know if we get increased standards, so do they. If Admin is able to divide us, they win; but if we stay united, we win.

Signing a union authorization card is the first official step in the unionization process, but there is still more to do. Signing a union card enables us to demonstrate to the National Labor Relations Board (NLRB) and, through them, Tulane that our union–Tulane Workers United – has sufficient support among faculty to move forward in the unionization process. The next step will be to schedule an official union election. The NLRB will establish the date of that election through negotiations with Tulane Workers United and Tulane University. Once we have an election date, the most important part of the process happens: voting! You, along with everyone in the proposed bargaining unit, will have the opportunity to vote in favor of unionization. Winning this election means that Tulane University will be legally required to recognize our union and to bargain with us in good faith.

It’s difficult to determine the exact timeline, largely because the university might do everything in their power to delay every step of the process. Fortunately for us, the NLRB under President Biden has been very pro-worker, and we expect a relatively swift process. The first part of that process will be to hold an election. Once we vote yes to unionization, we’ll elect our union leadership, which includes members of our bargaining team. We’ll write our own bylaws and establish our own organizational structure. We’ll also work together to establish our bargaining demands and priorities, and then we’ll begin bargaining our first contract!