Unionization FAQs
FAQs
Frequently Asked Questions
A union is an association of employees formed to negotiate with their employer regarding terms and conditions of employment, including pay, hours, and other employment-related conditions. The union is the exclusive negotiating agent, meaning no other individual, body, or organization is permitted to negotiate with the employer on matters relating to the terms and conditions of employment of the employees represented by the union.
Union representatives negotiate with employers through a mechanism called collective bargaining. The results of this process are contained in a collective bargaining agreement (CBA), and both parties are bound by the terms of this contract during its term or until a new CBA is in place as long as the union remains the exclusive bargaining representative. The union remains the exclusive representative for members of the bargaining unit until and unless (1) the union disavows interest in representing the unit, or (2) bargaining unit members voluntarily sign a petition seeking to decertify the union (after which a vote would be taken to decertify the union or not).
While an individual in a covered position may not remove themselves from a bargaining unit certified by the National Labor Relations Board, they should talk with their Union representative to understand the options available to opt out of paying for the non-representational activities of the union.
Union dues are a fee a union charges to bargaining unit members. Unions set the amount of dues unit members must pay and use the dues to cover the costs of things like the union’s representation work, including contract negotiation, administration, and disputes. The dues may be a flat rate or a percentage of wages. They may also be used for the purpose of organizing at other employers, for making political contributions, and for political and social causes supported by the union. Unions may seek to require that members of the bargaining unit who do not choose to join the union pay an "agency fee" (sometimes called "fair-share" fee), in an amount also determined by the union.
Unions support themselves through the assessment of union dues or fees collected from bargaining unit members. Although the collection of dues is often facilitated by employers through a dues checkoff card, the money paid in dues must come directly from the employee.
In collective bargaining negotiations unions typically demand “union security” agreements. Under the National Labor Relations Act (NLRA), unions and employers can enter a "union security agreement" or "closed shop agreement," which requires the payment of dues or a "dues equivalent" (also known as an “agency fee” or “fair share fee”) as a condition of employment. While some states have what are known as “right to work laws,” which prohibit union security agreements, New Hampshire does not have such a law.
Members of a bargaining unit may choose to pay dues, or to pay an "agency fee" (sometimes called "fair-share" fee) instead. An agency fee is typically a percentage of the dues amount, and is used to support only a union’s representation work, such as contract negotiation. Bargaining unit members who pay an agency fee are still covered by the collective bargaining agreement, but they are no longer union members. Someone who chooses to pay an agency fee is known as a “Beck objector” after the Supreme Court decision establishing this option. The union is obligated to notify bargaining unit members about this option and how to select it.
Bargaining unit members may also seek a religious accommodation if they object to union membership on religious grounds. This process is handled by the union, who will typically ask the member to pay an amount equal to dues to a nonreligious charitable organization as the accommodation.
For more information, please see: NLRB Union Dues.
Unions negotiate collective bargaining agreements, which are contracts that include negotiated terms about employees’ wages, hours, and other terms and conditions of employment.
The collective bargaining agreement or CBA is a labor contract between the union and the employer that memorializes the parties' agreements concerning wages, work hours and other terms and conditions of employment of members of the bargaining unit. Mandatory subjects of bargaining as determined by the law and the National Labor Relations Board include: wages, overtime, shift premiums, grievance procedures, termination of employment, discharge and discipline. Permissible subjects may be, but do not have to be, negotiated by each party. The final Agreement lays out specific expectations between employer and employee and typically runs for a period of three or four years.
Not unless defined by the collective bargaining agreement or agreed to between a union and Dartmouth.
Supervisors are not permitted to be in a union under the National Labor Relations Act. It would be unlawful to have supervisors in the bargaining unit because of the inherent conflict between the union representing the interests of employees, and supervisors representing the interests of management, among other reasons.