Frequently Asked Questions

Prepared by the Office of Human Resources and the Office of Institutional Advancement

Note: For additional information, also see the University System of Maryland website and the attached glossary.

What is collective bargaining?

Collective bargaining means good faith negotiations by authorized representatives of employees and their employer with the intention of:

1. Reaching agreement about wages, hours, and other terms and conditions of employment; and

2. Incorporating the terms of the agreement in a written memorandum of understanding (contract).

Employees cannot be required to join a union, and nonmembers cannot be required to pay dues or service fees to that organization. Institutions are not required to negotiate over any matter that is inconsistent with existing law.

How does collective bargaining change what we do now?

In the past, a direct employment relationship existed between members of the bargaining unit and the University. In addition, members of the bargaining unit had a role in the shared governance of the campus and the University System through the Staff Senates.

With an exclusive representative for the bargaining unit, future changes in wages, benefits, hours and other conditions of employment will be negotiated between the University and the union. These terms will be contained in what the law refers to as a memorandum of understanding (MOU)--in other words, a contract.

Have all UMBC employees been affected by this legislation?

Most nonexempt employees ("classified staff") are eligible to vote on collective bargaining; some exempt employees ("associate staff") are also eligible. Sworn police officers represent the third category of eligible employees. For the purposes of collective bargaining, each of these three categories is a separate bargaining unit.

The bargaining unit for non-exempt employees voted in February 2002 to have AFSCME as their exclusive bargaining agent.

Certain types of employees are excluded from participating in collective bargaining, such as faculty members, student workers, contingent employees, supervisors, managers, and staff who work with confidential information.

The Department of Human Resources reviews employee position descriptions for eligibility status.

Employees who are excluded from bargaining cannot vote for an exclusive bargaining representative, take part in negotiations with management, or be a union representative (or steward). However, they may join a union, pay dues to a union, or engage in union activities outside of work.

Is membership in the union required to vote in the election?

No. If you are an eligible employee in a bargaining unit, you will be eligible to vote if an election is held.

Are there rules about unions' presence on campus?

Union representatives wanting to hold meetings on campus are governed by the same rules on campus access and rental of campus facilities applicable to any outside group. (For reference, see VI 4.10, Policy on the Use of the Physical Facilities of the University System for Public Meetings, approved by the Board of Regents, January 11, 1990.)

Generally, these meetings should not be held during work hours or in work areas. This does not apply to scheduled breaks, meal times, or before or after work hours. Union representatives should not be visiting campus offices during the work day. (For reference, see VII 2.20, Policy on Soliciting Personnel During Working Hours, approved by the Board of Regents, February 28, 1992.)

The SHELRB will also define permissible labor-related activities on the worksite.

What about using e-mail to contact other employees or a union about collective bargaining?

While employees may use e-mail minimally to exchange information about collective bargaining and elections as long as it does not interfere with University business, employees should remember that e-mail is not a private means of personal communication. All e-mail use is subject to UMBC and USM policies and practice.

If a union is elected as the bargaining agent, will I have to become a member of that union?

Compulsory union membership is not provided for under Maryland law. If you choose to join a union, you will be expected to pay membership dues. However, the law also prohibits unions from collecting service fees from non-members. All employees in a bargaining unit will be governed by a union contract, whether they voted for the union or not. Under Maryland law, all employees in a bargaining unit are also eligible to vote on ratification of a contract or MOU.

How much are union dues?

Dues are determined by each union and are used to support union representatives' salaries, operations and union activities. Because union membership rates vary, the individual unions should be contacted for information on their dues structure.

If a union wins an election, what does collective bargaining require of that exclusive representative and the University?

The University and the union are required to meet at reasonable times to negotiate in good faith over wages, hours, and other terms and conditions of employment. In the experience of other large public universities, first contracts (MOUs) can take up to a year to negotiate and, in unusual cases, up to two years.

What would happen if the University and the union couldn't reach an agreement on wages, hours, and other terms and conditions of employment?

The negotiations would be at an impasse, and the University has a right to put its last and best offer to the union into practice.

What effect does the General Assembly's repeal of a section of the law known as 12-111 have?

Section 12-111 of the Education Article guaranteed university employees parity of certain rights enjoyed by State employees under the State Personnel Management System, such as: vacation privileges, retirement status and retirement benefits, salaries not less than those paid in similar classifications at other State agencies, right of appeal to alleged injustice(s), etc. These are items which can be negotiated at the bargaining table.

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