Frequently Asked Questions
Question: What is an appropriate bargaining unit and how is it determined?
Answer: For collective bargaining purposes, a labor organization is certified as the exclusive representative of an appropriate unit of employees if three criteria are met: (1) the unit must ensure a clear and identifiable community of interest among the employees as to matters pertaining to terms of employment and working conditions; (2) the unit must promote effective dealings with the employing office; and (3) the unit must promote efficiency of the operations of the employing office. Absent an election agreement between a labor organization and an employing office, a pre-election investigatory hearing will be held and the Board of Directors of the Office of Compliance will decide what is an appropriate bargaining unit.
Question: May professional employees be included in a bargaining unit with nonprofessional employees?
Answer: Yes. Professional employees may organize and may comprise a bargaining unit solely of professional employees. However, professional employees may – by majority vote – decide to be included in an otherwise appropriate bargaining unit that includes nonprofessional employees.
Question: May an employing office recognize a labor organization as the exclusive bargaining representative without employees voting on the issue of representation?
Answer: No. An employing office may recognize a labor organization as the bargaining representative of its unit employees only after the unit employees vote for such representation in a secret ballot election, conducted by the Office of Compliance.
Question: Are employees required to become a member of a labor organization as a condition of employment?
Answer: No. An employee is not required to become a member of a labor organization or to pay dues as a condition of employment with an employing office.
Question: Employees elect a union as their exclusive bargaining representative. Six months after the election, several unit employees decide the union isn't doing a good job representing them. What can the employees in the bargaining unit do?
Answer: No more than one labor representation election may be held within a 12-month period of time. Therefore, if employees in a bargaining unit change their minds about representation, they must wait for 12 months to elapse before an election can be held to determine whether or not a majority of the employees wish to continue being represented by the union. In addition, if the incumbent union has negotiated a contract with the employing office, an election may not take place before the end of either three years or the term of the contract, whichever occurs first.
