These are some Frequently Asked Questions about unions, union campaigns and union representation. Click on each section to see a variety of questions and answers about that topic.
To ask your own question, or to see the answers to questions your fellow employees have asked, go here.
Questions about union promises.
The union organizer “promised” me an increase in wages and benefits. Can an organizer guarantee that my wages and benefits will improve under union representation? No. Union organizers are in the business of organizing workers. You can expect them to make promises about wages and benefits—and other issues—to get you to attend a union meeting or sign a union authorization card. If an organizer promises a particular benefit, ask for that benefit in writing. It is highly unlikely that any organizer will be willing to put in writing any of their promises.
Is it true that the Union can make promises to associates during their organizing drive just to get their votes? Yes. Union organizers can make promises and “guarantees” to associates during organizing drives, but they do not have the power to fulfill these promises or guarantees without the consent of the Company during contract negotiations. Sysco and its supervisors are prohibited by law from making promises and guarantees during union organizing drives, even though the union can. Think of union organizers like political candidates; they make many promises that voters want to hear in order to get elected all the while knowing that they may not be able to fulfill them once elected. If they win the election, they only have won the right to sit at a table and negotiate (ask) for things that they want. Remember, the law says the Company can say no to any demand. Their promises don’t automatically become true once the election is over.
What are my rights during an organizing campaign and election?
If I want to attend a union meeting, can I? Yes. It is your choice to attend – or not attend – a union meeting. Our hope is that you will not be interested in such meetings, but it is absolutely your choice and your right to attend union meetings if you want to. However, if you feel you are being threatened, intimidated, or harassed to attend a meeting, let your leader know. This is unlawful and you do not have to tolerate that type of treatment.
Do I have a right to speak out against the union if I do not want it to represent me? Yes. You have the right to speak out against the Union if you do not want it to represent you. You have a right, today, to speak out against whatever you feel is unjust or will have a negative impact on you or your peers. If you feel that being forced into a union agreement is unjust, you have the right to act now. Just as those supporting unionization have the ability to advocate for it, you have the power to defend your right to continue to represent yourself. You have the same right to express your beliefs as those who support the Union, and you should take advantage of them.
If I want to make flyers to show my support for the company, can I use the copy machine in the manager’s office? The law prohibits a company from assisting your efforts to oppose the union; however, you certainly have the right to actively campaign against the union. If you do choose to campaign against the union, you have to do that without company assistance.
Will I lose my job if I vote for the union? No. We believe that having a third party, including unions, between our employees and leaders is absolutely unnecessary, but where employees have chosen such representation, or been required by law to do so, we will pursue an honest, business-like approach in working with those representatives.
What kind of power does a union have?
Can a union have a member of management removed because the union or employees think the manager is unfair? No. The company decides who its leaders are and where they will work, and does so fairly and honestly. Unions do not have a say in staffing, assignment or management of employees.
Can a union guarantee me job security? No. We set the strategic direction for the company – including decisions on employment levels, product development and product sourcing – with the long-term goal of returning shareholder value and maintaining global competitiveness. True job security for our employees comes when we are able to meet those two goals – it is not the result of any union contract.
What does it mean for a union to become my “exclusive bargaining representative”? It means the union would become your exclusive agent and spokesman in dealing with the company concerning all terms of employment. If the union is ultimately named as the exclusive bargaining representative, the individual employee loses the right to deal with his/her employer for him/herself. The employer must deal only with the union. See more about representation and collective bargaining here
How does voting work, and what happens after the election?
Do I have to vote if there is an election? No, you are not required to vote. However, the outcome of the election could have a tremendous impact on your job and working environment. It is your choice, but if you care, you should consider voting.
How is the outcome of the election determined? The outcome of the election is determined by the number of votes actually cast, not the number of employees eligible to vote. That is why your vote is so important. The winner must have a simple majority. That’s 50% plus one of the votes cast. For example, if 100 employees vote, only 51 have to vote for the union for it to be successful in the election, and obtain the right to represent all bargaining unit employees at the facility.
If there is an election, is there a minimum number of employees who must vote for the election results to count? No. A majority of the employees voting determines the outcome. For example, if there are 200 employees in the facility, and only 100 of them decide to vote, the union can win the election if just 51 employees vote for the union. In that scenario, the union then becomes the collective bargaining representative for all 200 employees at the facility. That is why, if you care about the outcome, you should vote in the election. See this page for more details.
If the Union is elected, will everyone be forced to join, even if they did not vote for the Union? If the Union wins the election, it will be speaking for all associates in the bargaining unit as a group, regardless of how an individual associate voted. When they can, unions make it a priority to get a “union security” provision in a contract which forces all associates to pay dues/fees money to the union or lose his/her job. If there’s such a provision in the contract and you fail to pay the union, the union could demand you be fired. Unions usually also want a “dues check-off” provision in a contract, which means that dues are automatically deducted from associates’ paychecks. We think it’s fair to ask – If the union so badly wants union security and a check-off clauses, what is the union willing to sacrifice of yours in order to get these things? The answer could be everything you now enjoy. Remember, while associates may not have to officially join a union in a Right to Work state, if a union is voted in it speaks for and binds everyone to a contract, whether they like it or not.
If the union wins the election, do I have to join the union? That depends. If you are not in a Right to Work state, the union may try to negotiate with the company to require all employees who work in the facility to join the union and pay union dues or be terminated. At facilities in non-Right to Work states, new employees will usually have have 30-90 days to join the union, or the union can make the company terminate their employment.
If a union comes in, will union supporters be given preference in wages and job assignments? No. Union supporters will not be given favorable treatment over those who vote to keep the union out, and vice versa. If a union is voted in, wages and job assignments will be determined by a negotiated contract, if an when an agreement is reached. Often a union will give a Shop Steward role to its strongest supporters and demand in negotiations special privileges and benefits for the Shop Stewards.
Questions about dues, fees and other assessments.
What are union dues? Dues are fees you pay to “belong” to a union on a monthly basis. Union dues vary in amount from union to union. Generally, monthly dues are equivalent to two hours of pay. Think of it as working for the union the first two hours of every month, only they get paid for your labor, not you. In many cases, the union has the right to automatically raise dues every year—and often does (without employee vote). See more on this page.
Are all union members required to pay dues? If the Union wins, you can expect they will insist on a “dues check-off clause” in the contract, which means that union dues will be automatically deducted from associates’ paychecks – just like taxes. The only exception to this is in states where there are “Right-to-Work” Laws, yet, in many of them there are still fees that need to be paid for being represented by the union. Even if you live in a “Right to Work” state and are not required to pay dues or fees, if the union is voted in, associates are still subject to the same contract terms and restrictions negotiated by the union.
How is the amount of union dues established and what would that money be used for? The union determines the amount of dues and fees. The union would also determine how your dues are spent. You should be aware that some of your money could be used to support political candidates of the union’s choice.
What are initiation fees? An initiation fee is the initial cost charged by a union to the employee for the “privilege” of joining a union.
What are union fines? Fines are charged against members by unions for violations of rules of the union constitution and bylaws. For instance, you may be fined for crossing a picket line, failing to attend a union meeting, or for conduct unbecoming a union member. When a union member is found guilty of having committed an offense, most unions “discipline” members by fining them for the offense.
What are assessments? Assessments are the “extra” costs of unionization that employees may be required to pay. They are expenses over and above the payment of normal dues, fees and fines. The most common reasons to charge members assessments are for strike funds, money for political contributions, and to help the union with its operating costs. These fees are not voluntary and must be paid in order to remain a member in “good standing.”
What is “check-off”? “Check-off” is a procedure whereby union dues, fees, fines and assessments are automatically deducted from the employee’s paycheck and given to the union before any wages are paid to the employee. Generally, this is the first item the union tries to attain in contract negotiations. Unions have been known to forego demands for greater associate wages and benefits to obtain “check-off.”
Questions about the collective bargaining.
Is it possible an agreement between the union and the company could result in less wages and benefits than I currently have? Yes. There is absolutely no guarantee that the union will negotiate any improvement in your wages and benefits. In fact, you could get more, you could get the same, or you could get less. If a union organizer promises better wages, ask for the promise in writing. It is highly unlikely that they will give you one.
What happens if Sysco and the union are unable to come to an agreement? If our negotiators can’t come to an agreement with the union, the union can either continue bargaining, give in on its demands, or go out on an economic strike to try to persuade the Company to change its positions. Bargaining for a contract can be a very complicated, lengthy process; immediate changes to the workplace rarely happen.
Can the union “fix” anything or “force” the company to do anything? No. By law, the company does not have to agree to any union demands.
Questions about strikes.
Can I collect unemployment compensation while on strike? When striking over economic conditions (wages and benefits), most states do not allow employees to collect unemployment compensation.
Does the union provide strike benefits? Some unions provide strike benefits while others do not. Providing strike benefits is purely at the union’s discretion. The amount of strike pay is usually a small portion of employee’s normal pay.
If I go out on strike, can I be replaced? Yes. If the union calls an economic strike (over wages and benefits), you can be permanently replaced by the company.
Can I come to work if I decide I do not want to strike anymore? Yes, provided you have not been permanently replaced, you can always choose not to strike and return to work. The union does not like it when union members “cross the picket line”, but it is your personal choice to work or strike. In addition, the union may fine you for “crossing the picket line.”
Can we get rid of the union if we decide representation isn't working?
If employees want to decertify a union, can the company help with the process and legal fees? No. By law, the company will not be able to help you with the decertification process or legal expenses associated with decertification. Employees would be responsible for navigating the decertification process on their own and paying for all legal costs relating to the decertification process.
Questions about right to work.
What does Right to Work mean? In a “Right to Work” state, no person can be required to maintain union membership as a condition of employment. In other words, the union cannot demand that an employee be fired for failing to pay union dues. Nonetheless, if a union is voted into a facility, all employees in the bargaining unit are represented by the union – even those employees who choose not to be union members. As a result, the question of unionization is an important one — even in a Right to Work state.
If I am in a Right to Work state, why should I care about unionization or a union election, if I cannot be forced to join a union? There are many reasons why you should care. First, you should know that unions are currently trying to get Congress to take away all Right to Work legislation. If they get what they want, no states will have the power to enact Right to Work legislation and employees in unionized facilities could be required to maintain union membership in order to keep their jobs. Second, if your facility is unionized all employees in the bargaining unit are represented by the union – even those employees who choose not be union members. As a result, you would lose the ability to speak directly with management about the terms and conditions of your employment and possibly the right to vote on contracts.
Get an insider’s perspective!
Joe finally realized that the rhetoric he heard in the union halls and in organizing campaigns had very little to do with unions’ true agenda. Today, Joe works on behalf of workers across the country, giving them the inside scoop on how a union really operates, so that they can make an informed decision when it comes time to cast their vote in a union election.