Questions about unions and the process

What is a union?

A union is an organization that represents certain employees, generally called a “bargaining unit,” in connection with the negotiation of various terms and conditions of employment, such as wages, benefits, hours and working conditions.


What is the National Labor Relations Board (NLRB)?

The NLRB, a federal agency, enforces the National Labor Relations Act (NLRA), which is a federal law created to protect the rights of employers and employees, whether an employee is in favor of or against unionization.

 

Why isn’t leadership calling the organizing effort “Broad RATs United”?

The name BroadRATS was first coined by an affinity group that is committed to supporting Broad researchers and technicians in their scientific journey. Leadership continues to recognize and support the BroadRATS affinity group. By contrast, Broad Researchers and Technicians United – UE (“Broad RATs United”) is not a Broad-sanctioned group. Broad is not referring to the organizing effort as “Broad RATs United” in order to avoid implying that all members of the BroadRATS affinity group, or a majority of that group, wish to be represented by a union. Broad does not want to take away any individual’s right to vote in a fair election process or exclude or make assumptions about individuals who do not wish to be represented by a union. Additionally, unless there is a formal secret ballot election through which all individuals impacted have an opportunity to vote, and a majority of eligible employees vote for union representation, Broad will not recognize the union.

Broad has instead referred to the organizing effort by the name of the United Electrical, Radio and Machine Workers of America (UE), because it’s the organization that has been soliciting union authorization cards and is designated in the electronic cards as the national union that Broadies would join if the union wins the election — as noted on the electronic cards (“I hereby request and accept membership in the United Electrical, Radio and Machine Workers of America (UE), and authorize it to represent me, and on my behalf to negotiate and conclude all agreements as to hours of labor, wages, and all other conditions of employment.”).

 

Who is the UE?

UE is an independent union that traditionally represents members in electrical manufacturing and metalworking. UE members are also employees and workers in science, healthcare and education.

 

What roles at Broad might be included in the proposed bargaining unit?

According to the UE’s publicly accessible website, the UE seeks to represent all Research Associates, all Computational Associates/Associate Computational Biologists, all (Clinical) Process (Development) Associates and Technicians, all Bioautomation Engineers and Specialists, Biorepository Support Associates, Clinical Genomic Research Coordinators, Clinical Laboratory (Change) Leads, Clinical Laboratory Team Leads, all Comparative Med Technicians, all Laboratory (Operations) Coordinators and Specialists, Product Coordinators, all Resource Technologists, and Technical Lead I roles at Broad.

 

What is the process of forming a union?

Step 1: A labor union will establish a connection with a group of employees who wish to be represented by the union and identify a proposed bargaining unit. After that happens, union organizers will ask employees in the proposed bargaining unit to sign “union authorization cards.”

Step 2: If 30% or more of employees in the proposed bargaining unit sign the union authorization cards, this will constitute a “showing of interest” and the union can file a “representation petition” with the National Labor Relations Board (NLRB) and request a formal election. If more than 50% of employees in the proposed bargaining unit sign the cards, the union can demand voluntary recognition by Broad, without an election.

Step 3: Due to a recent decision by the NLRB in late August, if an employer declines to voluntarily recognize a union which has signed authorization cards from a majority of the employees in the proposed bargaining unit, the employer must file a petition for an election with the NLRB. (Broad believes that a NLRB-supervised formal election is the best way to determine employees’ true feelings about the union.) However, the NLRB decision also greatly expands how signed cards can be used by union organizers. Union organizers can now use signed authorization cards as part of a process to force Broad to recognize the union without an election, and without any further input from employees. For more information about the new NLRB decision, see the authorization card FAQs.

 

If there is a union, would the UE still represent me, even if I don’t want to be in a union?

Yes, if you are a member of the proposed bargaining group and a union is approved. If an election is held, every member of that group would be invited to vote in a secret ballot election. In the election, the union needs to receive 50% plus one “yes” votes of the people who actually voted – not of the total in the proposed employee group. Only people who actually cast a ballot are counted toward the total. If a majority of eligible voters vote "yes," then the union would represent all members of the proposed bargaining group, including those who did not vote or who voted "no." Membership in the union would then be required of all people in the bargaining group to stay employed at Broad.

 

What are union dues?

Employees pay union dues to pay for the cost of union representation. They go to the national union (in this case, the UE). Dues are typically deducted directly from paychecks. Typically, the union requires these payments in order to remain employed. 

 

Will I be required to pay union dues?

Most likely yes. All members of the bargaining unit would either become dues-paying union members or pay the union a similar fee, referred to as an agency or representation fee. Such a provision is usually a major demand of any union since it ensures revenue flow for the union.

 

Will I have to pay dues even if I don't want to become a union member?

Most likely yes. Massachusetts is not a "right-to-work" state, which means that if the collective bargaining agreement includes a "union shop" provision – a major demand of most unions – then employees in the bargaining unit who choose not to join the union will be required to pay a similar or equivalent fee as a condition of continued employment at Broad. Such fees are general deducted automatically from an employee's paycheck.

 

Who do the dues go to?

Generally, some portion of employees' dues will go to a union's national headquarters to pay salaries and administrative costs. A union should be able to explain in detail how dues payments are allocated.

 

What impact can a union have on Broad operations?

Unionization would mean that Broad would have to work within the rules that come with unionization, as negotiated during collective bargaining. Matters related to wages, benefits, and working conditions of unionized employees would need to be negotiated and agreed to with the union, not directly with Broad employees. It is important to note that Broad could not make exceptions to the collective bargaining agreement to accommodate the individual needs of a unionized employee or address special situations not envisioned during the bargaining process, at least not without negotiating the exception with the union. We also might encounter loss of work during a strike.

Most immediately, employees could experience frustration if they suddenly find that the union contract is not aligned with their reported needs. For example, there is a common misconception among unions nationwide that a Principal Investigator (PI) can ask for more grant money to accommodate a demand for higher salaries for Research Associates and Technicians who work on grant-funded research projects. This is not the case. Nor can a union necessarily negotiate higher salaries for employees when compared to what the institution would be able to offer on its own. 

 

What impact can a union have on the pursuit of Broad's mission and culture?

One of the most significant impacts a union could have on Broad's mission and culture is limiting important flexibility. Union contracts typically require uniformity and prevent flexibility; these restrictions could diminish the ability to bring together scientists from MIT, Harvard, and Harvard hospitals in Broad labs to perform innovative research. For example, a researcher might need the union's approval for staffing on projects, including those spanning multiple institutions. Broad could become less nimble, risking the quality of scientific mentorship at the individual level, and at the institutional level it could reduce our ability to collaborate seamlessly across institutions – which is at the heart of our identity.  

 

Related: Broadies' questions (and answers) about authorization cards and the process around petitions and elections.

 

Have questions not answered here? Ask us at inform@broadinstitute.org