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Once a Union is Formed

Once a Union is Formed

Negotiating a Contract

Once the company recognizes the union (via card check) or the union wins an NLRB election, the company and union must negotiate a contract which spells out terms of employment for those workers eligible for the contract. Usually, the union bargaining team is com-posed of leaders from the organizing commit-tee and union representatives familiar with contracts and bargaining.

Negotiating a contract is referred to as collective bargaining. When relations between unions and management are decent, contracts can usually be agreed to in a relatively short period of time – a few days, a few weeks or at most, a few months. Negotiations that drag on longer than a few months usually do so because a company does not want a contract. Unfortunately, 32 percent of workers in the U.S. who vote for a union for the first time never get a contract.

Enforcing the Contract

A union contract sets forth the terms of employment and a grievance mechanism for dealing with disagreements. A shop steward is the person who assists workers in filing grievances and using the grievance process. The union has a legal obligation to assist workers in the process. A shop steward is usually a worker who has special training in understanding the contract.

Renewing the Contract

Because contracts are for specific periods of time, such as one year or three years, the contract will “come up for renewal.” For most union-management relations, this is a fairly straightforward process. In other situations, it can become contentious.

The traditional way for workers to exercise pressure on a company is to go on strike. This is almost always a last resort for because it is so hard on their families.

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Your Right to Organize

The right to have a union, support a union, and engage in union activity is protected by State and Federal law. It is illegal for management to harass, intimidate, punish, or fire anyone for exercising your legally protected right to organize.

From Ohio Revised Code, Section 4117.03 – Rights of public employees:

  1. Public employees have the right to:
  1. Form, join, assist, or participate in, or refrain from forming, joining, assisting, or participating in, except as otherwise provided in Chapter 4117. of the Revised Code, any employee organization of their own choosing;
  2. Engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection;

From Ohio Revised Code, Section 4117.11 – Unfair Labor Practice:

  1. It is an unfair labor practice for a public employer, its agents, or representatives to:
  1. Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Chapter 4117. of the Revised Code or an employee organization in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances;
  2. Initiate, create, dominate, or interfere with the formation or administration of any employee organization, or contribute financial or other support to it; except that a public employer may permit employees to confer with it during working hours without loss of time or pay, permit the exclusive representative to use the facilities of the public employer for membership or other meetings, or permit the exclusive representative to use the internal mail system or other internal communications system;
  3. Discriminate in regard to hire or tenure of employment or any term or condition of employment on the basis of the exercise of rights guaranteed by Chapter 4117. of the Revised Code. Nothing precludes any employer from making and enforcing an agreement pursuant to division (C) of section 4117.09 of the Revised Code.
  4. Discharge or otherwise discriminate against an employee because he has filed charges or given testimony under Chapter 4117 of the Revised Code

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Tools to Assist Local Presidents

A variety of tools are available to local association presidents to help them carry out leadership functions and to familiarize them with OEA operations and services. The following tools are available from the specified OEA departments listed below. Regular communications to presidents are available in the member section of the OEA website, www.ohea.org. Presidents can obtain any information listed by writing the appropriate department at the Ohio Education Association, 225 E. Broad St., Box 2550, Columbus, OH 43216.

OEA Executive Offices

Member mailing lists/labels

Presidents may request mailing lists or labels of OEA members in their own local association to be used for official OEA business. Presidents may also request a mailing list for their local association’s use to promote communication with their legislative representatives. In no case shall these mailings be used in such a way as to give or imply OEA endorsement of a candidate.

Delegate mailing lists/labels

A local association president may receive, upon written request, a list of names and addresses of OEA delegates or a set of mailing labels if that local association is supporting a candidate for OEA office or wishes to inform delegates of the local’s position on an OEA Constitution or Bylaws amendment. Such lists or labels shall be provided in accordance with OEA policy.

Board of Directors minutes

Any affiliate local president, upon request to be made annually, shall receive a copy of the OEA Board of Directors minutes.

Employee compensation benefits

Available to all local association presidents upon request.

 

OEA Business Services

  • OEA Budget and Financial Highlights, including the Audited Financial Statement
  • Treasurer’s Handbook (automatically mailed to all treasurers in August)
  • Status of local association dues
    obligations to OEA and NEA,
    including copies of billing statements
  • Membership enrollment forms
  • Copy of the local association’s
    constitution and bylaws sent to OEA
  • InfOEA—a one-stop contact center—provides assistance to members with questions they may have. Typically, questions come from a local treasurer or a member with administrative responsibilities and may include inquiries about dues, billing issues and managing membership situations. All members are welcome to contact 1 844 OEA info (1 844 632 4636) or membership@ohea.org.

OEA Membership Specialists are available to assist or connect members to the appropriate staff person.

 

OEA General Counsel

  • State Employment Relations Board decisions
  • Manual for the conduct of local association elections and the ratification of collective bargaining agreements

 

OEA Program

OEA Program provides a wide range of services to Association members, including assistance in bargaining, grievance processing and arbitration, publications, professional development information, legal services, member representation, leadership development, training of local leaders, financial and educational research, internal and external communications, legal services, political action, education reform and innovation, crisis assistance, building strong locals and organizing new units.

Legal Services
  • OEA-NEA Legal Services Program
  • OEA-NEA Liability Protection Program
  • OEA-NEA Attorney Referral Program
  • Association Liability Program
  • Extended liability protection for health care practitioners
  • OEA-NEA Fidelity Bond
Education Policy Research and Member Advocacy
  • Information about the teaching profession—preparation, licensure, entry-year, National Board Certification, Ohio’s Educator Standards Board and LPDCs
  • Ohio’s Learning Standards and Third Grade Reading Guarantee
  • Teacher and principal evaluation
  • Information about Ohio’s definition of, and requirements for becoming highly qualified teachers and paraprofessionals
  • Information about achievement gaps, tools for school improvement and the Ohio High School Transformation Initiative
  • Information about IDEA and assistance with special education issues
  • Information about ESSA, school improvement, professional development and other professional issues can be found on OEA’s website, ohea.org.
  • Salary and fringe benefit provisions for teachers
  • School district financial analyses
  • Comparative data for school districts
  • Standard rules for contract interpretation
  • Bargainer’s Handbook
  • Ohio Public Employee Collective Bargaining Act and the rules promulgated by the State Employment Relations Board
  • Arbitration decisions on selected types of contract disputes and information on arbitrators
  • Higher education salaries, workload and benefits and institutional financial analyses
  • Health insurance and the Affordable Care Act
Government Relations
  • OEA Lobby Day information is available at ohea.org/oea-lobby-day.
  • The Ohio Legislative Directory
  • OEA-FCPE (Ohio Education Association Fund for Children and Public Education) fund raising materials and OEA-FCPE Constitution and Bylaws, screening, endorsement and campaigning guidelines
  • OEA Legislative Watch ohea.org/legislative-watch
Communications and Marketing
  • Pamphlets, brochures, booklets and information on NEA Member Benefits programs

 

OEA Strategic and workforce Planning

Human Resources
  • OEA job descriptions
  • OEA staff contracts/salaries

 

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Forming a union

Step 1: Initial Contacts

Organizers and employees meet to assess the level of interest among coworkers and determine who might want to take a leadership role in the organizing drive.

Step 2: Building An Organizing Committee

Employees who strongly support OEA representation begin meeting to form an Organizing Committee, a core group of employees who will lead the campaign and be responsible for decision-making and communication leading up to recognition of the union. The committee should be at least 10% of the total workforce and be representative of the overall group.

Step 3: Building Support

When ready, the committee will reach out to coworkers through one-on-one conversations to assess interest. If it is determined that enough support exists, the committee will begin collecting authorization and membership cards. This is how the committee proves that there is enough “interest” to hold an election. Though state law requires only that 30% of the total unit signs cards, we will need at least 65% on cards to file for and win an election.

Step 4: Filing For An Election

Once the committee has collected cards from at least 65% of the unit, they will be submitted to the appropriate agency, either the State Employment Relations Board (SERB), or the National Labor Relations Board (NLRB). The agency will work with the union and management to determine and define the appropriate bargaining unit. They will also verify that there are enough signatures to hold an election.

Step 5: The Election

Once SERB or the NLRB has scheduled an election, employees will receive a ballot in the mail. The ballot will have 2 choices: The Association or No Representative. When the votes are received and counted, a simple majority will win.

Step 6: Bargaining

After OEA wins the election, employees will elect a bargaining team of coworkers to negotiate a first union contract. Along with an experienced negotiator from OEA, the bargaining team is responsible for bringing your priorities to the bargaining table. Once an agreement with management has been reached, all employees will vote on ratification of the contract.

Categories

Education Support Professional
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Local Leader
Membership
preK-12 Teacher