FACTS, QUESTIONS, AND ANSWERS

REGARDING REPRESENTATION BY THE AMERICAN FEDERATION OF STATE, COUNTY, MUNICIPAL EMPLOYEES (AFSCME)

 

The Advisory Council on Administrative Policy (ACAP) is providing the following document in an effort to respond to questions and issues raised by NMSU employees regarding an upcoming election to vote for or against representation by AFSCME.

 

AFSCME has submitted a petition for election to represent NMSU’s regular non-probationary full-time and part-time non-exempt employees employed within New Mexico, excluding sworn police officers and those excluded by the NMSU Labor Management Relations Resolution (supervisory, managerial, and confidential employees).  This will be the only group eligible to vote in favor of or against representation by AFSCME.

 

  1. Who pays dues and what is the dollar amount of the dues?  Employees who choose to join the union pay membership dues.  Employees cannot be required, as a condition of continuous employment, to be dues-paying members of a labor organization that is certified as an exclusive representative of an appropriate bargaining unit.  However, employees could be required, as a condition of continuous employment, to make monthly “fair share” payments to a labor organization that is the exclusive representative for the bargaining unit. Fair share payments, which are a permissive subject of bargaining, are equal to a percentage of union membership dues, representing expenditures incurred by the labor organization in negotiating the contract, servicing the contract and representing employees in grievances and disciplinary actions.  Union membership dues or fair share payments are yet to be determined.  However, for comparative purpose, Juan Montoya from the New Mexico Public Employees Labor Relations Board has informed NMSU that state employees are paying just under $12 per pay period which equates to $288 annually.  Fair share is about 85 percent for state employees. This is based on a semi-monthly pay period. Fair share is not automatic. It is a part of negotiations.  When you negotiate a contract you will have to agree to fair share or not.  A Las Cruces Sun-News article published Friday March 24, 2006, estimates dues for NMSU employees at $318 annually.
  2. What happens if I ignore this union issue and don’t vote?

If you are part of the appropriate bargaining unit and decide not to vote, then the outcome of the election will be determined by the employees who cast their ballots.  An election is valid if 40 percent of the eligible employees in the bargaining unit vote in the election. So, say for example, there are 1,000 eligible employees in the bargaining unit.  The election would be valid if 400 employees voted; if 400 employees vote, and 201 employees vote in favor of union representation, the labor organization would be certified as the “exclusive representative” for the 1,000 employees in the bargaining unit.

  1. What are the benefits?   If employees elect to be represented by a labor organization, NMSU and AFSCME would negotiate for the purpose of entering into a written agreement regarding wages, hours and other terms and conditions of employment.  Traditionally, a group negotiation results in a louder voice for the represented group.  Retirement programs are not included in collective bargaining because they are established by legislative statute.
  2. Will all of the employees who will be affected by the union have an opportunity to vote?  All employees, except managers, supervisors and confidential employees, who belong to the appropriate bargaining unit will have an opportunity to cast a vote through a secret ballot election process.  AFSCME has submitted a petition for election to represent NMSU’s regular non-probationary full-time and part-time non-exempt employees employed within New Mexico, excluding sworn police officers and those excluded by the NMSU Labor Management Relations Resolution (supervisory, managerial, and confidential employees).
  3. If an affected employee votes “NO” are they assessed dues?  What does fair share mean?  An employee who votes “NO” regarding unionization and declines to join the union could be subject to having a “fair share” fee deducted from his or her paycheck.  If AFSCME is elected, negotiations occur.  During these negotiations a “Fair Share” clause could be agreed upon.  See the response to #1 above for more information about dues and fair share.
  4. Who conducts a vote and pays for the voting process?  The NMSU Labor Management Relations Board (Labor Board) conducts the vote.  NMSU would pay for the expense.
  5. Which employees will be in a union, only those in Las Cruces or those located statewide?  What is the definition of a bargaining unit?  AFSCME has submitted a petition for election to represent NMSU’s regular non-probationary full-time and part-time non-exempt employees employed within New Mexico, excluding sworn police officers and those excluded by the NMSU Labor Management Relations Resolution (supervisory, managerial, and confidential employees).  So all covered employees employed within New Mexico regardless of duty location will be included in the covered group.  The covered group is the bargaining unit.
  6. What group or groups of employees would benefit from AFSCME representation?  Under state statute and the NMSU Labor Management Relations Resolution, public employees, other than managerial, supervisory, and confidential employees may form, join, or assist a labor organization for the purpose of “collective bargaining” through representatives (labor organization) chosen by public employees.  The labor organization may petition for representation for an “ appropriate bargaining unit” which is established by occupational groups, defined as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections.  AFSCME has submitted a petition for election to represent NMSU’s regular non-probationary full-time and part-time non-exempt employees employed within New Mexico, excluding sworn police officers and those excluded by the NMSU Labor Management Relations Resolution (supervisory, managerial, and confidential employees).
  7. How will the voting process include off-campus employees?  All eligible employees will be entitled to vote in a secret mail ballot election.  The NMSU Labor Management Relations Board (Labor Board) will mail ballots and instructions to employees on May 4, 2006.  An employee who does not receive a ballot may request one from the Labor Board by May 11, 2006.  To be counted, ballots must be postmarked by May 22, 2006.  The Labor Board will count the ballots on May 31, 2006.
  8. What type of union agency will NMSU be (i.e. open, closed or union shop)?  This issue is determined during negotiations.
  9. How do employees notify AFSCME that they do not want to be contacted?  Employees should contact the local AFSCME office at 523-5438 to notify them that they do not want to be contacted.
  10. Is there any other mechanism other than a vote for employees to organize?  Yes. There are three ways to unionize:  1) the university recognizes the union outright; 2) the union is recognized after a card count; or 3) an election process takes place.  In the collective bargaining statute, the employer has the right to require an election, which is what we have done. NMSU has specified that an election is the most democratic and inclusive process.
  11. Is paying dues voluntary?  See #1 and # 5 above.
  12. What if a unit is organized and employees are unhappy with the union?

A member of a labor organization or the labor organization itself may initiate decertification of a labor organization as the exclusive representative if 30 percent of the employees in the bargaining unit make a written request of the Labor Board for a decertification election. An election would be valid if 40 percent of the eligible employees in the bargaining unit voted in the decertification election.

 

Some of the original questions cannot be answered but are stated below:

 

Ø      Who decides the dues level and if it can change?  If the dues change, do employees have any say?

Ø      What are the collected dues used for? 

Ø      Since AFSCME supports political candidates, who decides which candidates are supported? 

Ø      In the future, will NMSU AFSCME employees receive the same raises other state AFSCME employees receive?

Ø      With respect to benefit costs, how does AFSCME propose lowering them for NMSU employees?

Ø      What other work condition issues would AFSCME seek?

Ø      How does the union determine what issues will be taken to the bargaining table?

 

Some new questions have been brought to ACAP’s attention:

 

Ø      What is collective bargaining and how does this help union employees?  Collective bargaining is the act of negotiating between a public employer and an exclusive representative for the purpose of entering into a written agreement regarding wages, hours and other terms and conditions of employment.

Ø      Will absentee voting be provided for and how will the polling locations be observed?  See the response to #9 above.

Ø      Can employees who are unionized at NMSU strike?  The NMSU Labor Management Relations Resolution prohibits employee strikes and employer lockouts.

Ø      Does the formation of a union at NMSU change Equal Employment Hiring practices currently in place?  No.

Ø      What steps must be followed to de-certify a union?  See the response to #14 above.

Ø      Have there been any recent examples of a decertification action and what was the outcome?

 

For further information please refer to the following web sites:

 

            http://afscmenm.org/nmsu/nmsu_index.html

 

            http://www.nmsu.edu/~acap/