Forming a union is an exciting and important move towards equity \u2013 but it\u2019s understandable to feel a little uncertain, particularly if you\u2019ve never been part of a union before. It\u2019s likely that you might encounter misinformation about unions. Some of this misinformation may even come from university administration or others in positions of authority, and it might often come in the form of half-truths. The FAQs below are intended to help us all navigate the claims we expect might circulate in the coming weeks and months.<\/p>\n\n\n
Why should I join Tulane Workers United?<\/p>\n\t\t\t
Why should I join Tulane Workers United?<\/p>\n\n\n\n
There are many benefits to joining a union\u2013from increased salaries<\/a> and better benefits to job security and protections\u2013but 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 \u201ceverything is on the table,\u201d when you sit down to bargain\u2013the implication being that they intend to take from you what little you already have. In a certain sense, they\u2019re 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\u2013and we can bring anything we want to the table.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n What is a \u201cchilling effect\u201d?<\/p>\n\t\t\t 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 \u201cchill\u201d (aka attempt to intimidate or threaten)<\/a> employees from exercising their rights under labor law\u2014as such, they are violations of the NLRA. You may have encountered these exact statements\u2014we certainly have!<\/p>\n\n\n\n In such situations, it\u2019s common for administrators to cite the guidance of Tulane\u2019s legal counsel\u2014as if their primary concern is maintaining neutrality and following the law. Don\u2019t make the mistake of believing that Tulane\u2019s legal representatives are somehow a neutral party\u2014they know who is paying them, and they know what they were hired to do. (Let\u2019s not forget that Tulane is paying hundreds of thousands of dollars to Ogletree Deakins, a law firm that specializes in union-busting<\/a>, to further their interests.)<\/p>\n\n\n\n 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\u2019s possible that they simply expect they can get away with it\u2014after all, they\u2019ve enjoyed unilateral power over us for years, and perhaps they simply don\u2019t know how to deal with workers who come together and speak up for themselves. However, it\u2019s perhaps more likely that this is a tactic to make us lose our focus on the big picture\u2014if we\u2019re spending all our time running around and putting out the fires they set, then we\u2019re not focusing on what matters most: Bargaining a contract that wins us real gains, real protections, and transformative improvements in our work lives.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n What is \u201cstatus quo\u201d?<\/p>\n\t\t\t For newly certified unions that have not finished bargaining a first contract (like us), there are legal protections in place to maintain the \u201cstatus quo.\u201d<\/a> 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\u2019ve noticed that, while the purpose \u201cstatus quo\u201d is to protect unionized workers from acts of interference and retaliation, Tulane has weaponized this term in order to produce a chilling effect.<\/p>\n\n\n\n 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\u2019s the union\u2019s fault. This is a fundamental misrepresentation of status quo<\/strong>.<\/p>\n\n\n\n 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.<\/p>\n\n\n\n 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 \u201cbecause of the union.\u201d 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\u2014and if those changes are indeed a benefit to our membership, there is no reason we would prevent them.<\/p>\n\n\n\n Any time the administration claims that changes cannot be made \u201cbecause of the union,\u201d it\u2019s a way of falsely shifting the blame to the union. If the administration wants to talk about changes, we\u2019re ready and we welcome those proposals.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n Why would the administration spread misinformation about unionization?<\/p>\n\t\t\t It\u2019s important to remember that, at the root of it all, unionization is about power. It\u2019s 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.<\/strong> 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n Is the university allowed to lie to us about unionization and what it means?<\/p>\n\t\t\t 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 \u201cinformation\u201d about unions and sharing supposedly neutral \u201cunion facts\u201d. But keep in mind, any information the university shares regarding unions is shared for a purpose\u2013whether that purpose is transparent or not.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n What if the administration retaliates against me for supporting unionization?<\/p>\n\t\t\t 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\u2026 to seek better working conditions and designation of representation without fear of retaliation.”<\/a> 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\u2013and we will respond accordingly!<\/p>\n\n\n\n However, it\u2019s 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 \u201cprediction loophole\u201d\u2013whereby certain \u201cpredictions\u201d about what \u201cmight\u201d happen are conveyed by those in power, rather than overt threats. Should you encounter any threats disguised as predictions, contact the union<\/a> immediately so that we, and our legal representatives, can respond.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n What if I\u2019m on a visa or green card? Could union membership jeopardize my employment?<\/p>\n\t\t\t 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<\/a> (1935) and the university\u2013like any private employer\u2013cannot 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\u2013including immigrants\u2013to form a union has been protected by the law for over 80 years!<\/p>\n\n\n\n Furthermore, job stability is a key priority when forming a union. We\u2019ve 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!<\/p>\n\n<\/div>\n\t\t<\/div>\n\n I was told a union is just a third party attempting to represent me. Won\u2019t a union just get in the way?<\/p>\n\t\t\t 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<\/strong>. We make our own decisions democratically, and we will elect leadership from our own ranks. Workers United<\/a> (an affiliate of SEIU<\/a>) 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\u2019ve reached a fair contract with the university.<\/p>\n\n\n\n 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 \u2013 and, even if we did, this vote would hold little to no binding weight. We\u2019ve watched university administrators make decisions against the will of even tenured faculty, because at the end of the day, what passes for \u201cshared governance\u201d 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n I\u2019ve heard that dues are expensive. How will I afford to pay dues?<\/p>\n\t\t\t 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\u2013and, furthermore, we don\u2019t start paying dues until we have ratified our contract. Why would we accept a contract and dues that don\u2019t make sense for our financial situation?<\/p>\n\n\n\n Administration might use the fear of high dues to dissuade us from working together in the interest of real change. Let\u2019s be real\u2013this is a tactic, and nothing more. Tulane administration doesn\u2019t 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n Aren\u2019t unions just for blue collar workers? Shouldn\u2019t we be grateful for the opportunity to teach wonderful students at a prestigious university?<\/p>\n\t\t\t There\u2019s a common misconception that teaching jobs aren\u2019t “real” jobs and that we do this work simply because we love it\u2013not because we need to earn a living. And it\u2019s true that many of us do find fulfillment in teaching and research. Personal fulfillment, however, doesn\u2019t 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.<\/p>\n\n\n\n University administrators across the country have decided that they should run universities like businesses\u2013minimizing 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<\/a>, 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<\/a>.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n Won\u2019t this hurt our students? If we get raises, does that mean tuition will go up?<\/p>\n\t\t\t We understand our students better than anyone else at the university\u2013after all, we\u2019re 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\u2019 lives. Shouldn\u2019t we have a say in decisions that impact our students? We\u2019ve 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\u2019re 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\u2019t living paycheck-to-paycheck, they\u2019re 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n Why not focus our effort on a more vulnerable group first, like adjuncts and staff?<\/p>\n\t\t\t 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n What if Tulane doesn\u2019t have the money to give us what we\u2019re asking for? Will this all be for nothing?<\/p>\n\t\t\t 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\u2019t have enough money to give to faculty for raises or benefits, despite the fact that they have ample funding<\/a> for administrative and coaching salaries<\/a>. Furthermore, when we win and start negotiating a contract, if Tulane tells us they cannot afford our demands, we get to look through Tulane\u2019s finances to see for ourselves. We have this legal right as a union. We don\u2019t 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n If some workers get a raise, will others see their wages cut?<\/p>\n\t\t\t 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\u2019t the only thing we\u2019re 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.<\/p>\n\n\n\n We do expect, however, that university administration might use \u201cdivide and conquer\u201d tactics in their attempts to prevent unionization. We\u2019ve 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\u2019ll 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\u2013administration doesn\u2019t want to share their power with faculty. Tenure-track faculty are our brothers and sisters in this fight. They can\u2019t 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.<\/p>\n\n<\/div>\n\t\t<\/div>\n\n I signed a card a few weeks ago, doesn\u2019t that mean I\u2019m already a member?<\/p>\n\t\t\t
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:<\/p>\n\n\n\n\n