Have questions about unionization? Here are answers to some commonly asked questions. Click the questions below to see the answers. If you have a question, please ask here.
Authorization Cards
By signing a card, you are formally authorizing a specific union to serve as your exclusive representative and are waiving the right to represent yourself individually in conversations about your employment.
Signing an authorization card is not just a showing of interest or a request for more information – it is a legally binding declaration of support for a union.
If enough authorization cards are collected, a union can file for an election or demand to represent you without a formal election, subject to JPL’s agreement. If JPL refused to grant recognition to the union, it would have the option to file a petition for election with the NLRB.
If a union is certified, it becomes the exclusive representative for everyone in the defined unit – regardless of whether you vote for the union in an election (or vote at all) or choose to become a dues-paying union member.
An individual employee in the defined unit cannot opt out of the union’s coverage, rules, and representation – even if the individual does not vote for the union or choose to become a union member.
Signing an authorization card functions like a power of attorney that transfers your agency to the union in its efforts to get certified.
You may come across union materials that focus heavily on broad ideals that a union seeks to achieve but offer less detail on specific, long-term implications or difficult questions.
We encourage you to press the union representatives for specifics, ask for clarity where things feel vague, and consider how union representation may affect workplace flexibility, JPL’s unique workplace culture, performance-based systems, your ability to directly advocate for yourself (or others) in the workplace, external relations and contracts, and other issues that matter to you.
The idea that the formation of a union on Lab is solely JPLers coming together to brainstorm and request changes leaves out a key part of the union process.
Once certified, a union becomes a third-party legal representative with exclusive bargaining rights over your employment, and individual employees no longer have the full freedom to advocate directly for their own interests – even if an individual feels that they can better convey their own situation or contributions than the small number of JPL employee representatives who may be speaking on the employees’ behalf.
Union representation is a complete transfer of agency to an external entity even if some of the persons involved in your representation do happen to be JPLers.
This relationship becomes increasingly layered when a union is backed by a large international union like the United Auto Workers (UAW) that operates across sectors and has its own structure, leadership, and agenda. Such a union would not just represent your voice in the room, but those of a permanent intermediary with its own constraints and priorities.
Whether you choose to sign a union authorization card is entirely up to you.
It’s important to know that union organizers may be receiving direct instruction to be persistent in their outreach and demands for you to sign cards, and the cards may be presented as casual or symbolic.
While that approach is within organizers’ rights, you should never feel pressured into signing legally binding documents before you are fully ready or fully informed.
If you signed an authorization card without knowing its full implications or legal weight, or if you’ve otherwise reconsidered your choice, you have the right to ask for your card back or notify the union that you no longer support its effort.
Union Information
A union operates like a business. Its primary revenue sources are member dues and fees. Members pay for the union to negotiate a collective bargaining agreement, also known as a labor contract. Even though members pay for this service, unions do not have to uphold promises made during a campaign.
Yes, union organizers are like the sales team of the business. Their job is to recruit new business. If you are curious about how much union organizers are paid, that information is available on UAW’s annual public LM-2 report filed with the U.S. Department Labor.
A union is allowed to make any promises it would like during a campaign, but it cannot guarantee anything regarding the future of employees’ wages, benefits, or terms and conditions of employment. No one knows what will be in a collective bargaining agreement ahead of time.
There is no way the union can guarantee that things will only improve – and there is no way to guarantee that all represented employees will agree that any changes that occur actually are improvements. You may end up paying dues whether or not you like the terms negotiated in the labor contract.
It’s not that easy. If elected, it’s a difficult and lengthy process to decertify or remove a union, regardless of whether or not you are happy with union representation. There are specific timeframes when employees can attempt to remove a union, and such efforts are prohibited for at least one year after a union’s certification, if it wins an election to speak for you. Also, JPL and its leaders generally are not legally allowed to help employees with this process. Unions, however, use member dues to pay for “representational activities,” which can include dissuading employees who want to decertify the union from doing so.
Collective Bargaining
Collective bargaining is the back-and-forth process between a union and employer to try and reach an agreed upon labor contract, also known as a collective bargaining agreement. If a union is elected, the union will collect dues and/or fees from you in exchange for managing this process on your behalf.
According to an analysis by Bloomberg Law, it takes an average of 465 days to reach a first-time labor contract. While negotiating a contract, the employer must legally keep the status quo, meaning wages, benefits, and terms and conditions of employment generally cannot be changed – even if the employer would like to implement improvements that would benefit the employees in the defined unit.
The only topics that must be bargained are pay, benefits, and terms and conditions of employment, such as working hours, seniority, scheduling practices, promotions, transfers, and grievances. These topics are mandatory to discuss if one party brings them up and would likely be negotiated.
No. Like most negotiations, the process is two-sided and neither side is legally required to accept the other side’s demands. JPL can agree to or decline any union demand.
No. The National Labor Relations Board’s case law states: “Collective bargaining is potentially hazardous for employees, and as a result of such negotiations, employees might possibly wind up with less benefits after unionization than before.” (228 NLRB 440).
No. Collective bargaining occurs between the union and employer – these are the legal entities that represent each side. Each party may have a bargaining committee. The union’s bargaining committee could consist of selected members of the bargaining unit – either appointed or elected – and union officials who are not JPL employees, including union legal counsel. This bargaining committee could push to have the union focus on union priorities, even if they don’t align with yours.
No. Once a union has been voted in and a labor contract has been negotiated, you cannot opt out of the contract if you are included in the defined bargaining unit – even if you don’t like the terms, never supported the union, voted no in the election, or don’t want the union.
Dues
In California, there is no “Right-to-Work” law. This means unions can – and typically do – attempt to negotiate what is called a Union Security clause into the labor contract. This clause requires the employer to fire employees who fail to pay union dues. The overwhelming majority of labor contracts in California contain such a clause.
According to UAW supporters, union dues are 1.4 percent of monthly gross pay.
A union determines the amount it charges members and has the right to increase dues at any time. Dues amounts are not negotiated, and JPL would have no say in what the union charges.
Typically, when a union is newly elected, members will be required to pay dues after a collective bargaining agreement or labor contract is reached.
Yes, unions usually have a constitution and by-laws that members are required to follow. Not following the rules outlined in those documents can result in additional fees and assessments beyond monthly union dues. Before considering whether or not to elect a union, it’s important to read those documents so you are aware of the rules you would be expected to follow – and how the rules would apply to you even if you choose not to become a dues-paying member.