FAQs
Please check this page frequently. In addition to answering the questions below, we will also post questions you submit anonymously.
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In a union setting, there would be one contract that applies to all employees in the bargaining unit. A collective bargaining agreement is nothing more or less than a settlement of three sets of interests: the union’s, the employer’s, and the employees’. We all have individual preferences when it comes to our experience in the workplace. Some people care a lot about health insurance, some people care more about time off or retirement benefits, and some prefer more flexibility in their job. Sometimes those interests overlap. Sometimes they do not.
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No. Your vote is secret. The union and Ciocca will never know who you voted for, unless you tell someone.
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NLRB representation elections are decided by the majority of votes actually cast in person. It is very important for you to vote so that your voice is heard. You should not let someone else make a decision for you that impacts your wages, benefits, and the terms and conditions of your employment.
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Almost certainly. Ciocca respects your right to privacy but we are required by law to provide the union with a list of all eligible voters and your personal contact information: cell phone, home phone, home address, and personal email address. The union will likely use that information to contact you and offer their sales pitch.
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Under New Jersey. law, you are not required to join the union as a member, but you likely would be required to pay a large portion of the dues, which are called “agency fees”. If the union does win, opting out of joining may not be in your best interest because the terms of any contract negotiated apply to you, and you do not get to vote on the ratification of the contract if you are not a member of the union.
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If Local 455 wins the election, the next step would be for the parties to negotiate for a contract. During negotiations, neither Ciocca nor the union will be required to agree to any proposal made by the other party. Ciocca will bargain in good faith, but there is no guarantee that the parties will reach an agreement, as there is no requirement that either party agree to any proposal made by the other party.
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Maybe; maybe not. There are no guarantees in the collective bargaining process. There are many potential outcomes. If the parties do reach a contract (which is one of the potential outcomes), you could end up better, the same, or worse off in certain areas.
Remember that negotiating is a two-way street. Both the union and Ciocca might trade certain things to get other things they want.
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Yes. According to the USWU, IUJAT annual LM2 report, they charged between $16 - $104 in base dues per month + $0.30 per hour in working dues.
Unions charge people money in the form of dues, fees, and assessments. They use this money to pay for various things such as legal fees, their own salaries as union officials, and to cover the overhead expenses of operating a union and organizing.
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You don’t. What the Union says during a campaign is not a guarantee, as a union cannot guarantee the outcome of any proposal during bargaining. If anybody tells you they know the outcome of bargaining in advance, they either don’t understand the process, or they are not being truthful. You should feel free to ask the union to put any so-called “guarantees” in writing to you.
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There are a number of possibilities.
The union could withdraw representation, or the bargaining unit could decertify the union if, as a group, it is not happy with union representation and more than a year has passed since the election. Also, there could be a strike if the parties do not agree, and the union decides it wants to put pressure on Ciocca to agree to its proposals. The parties could continue to bargain in good faith. There are no guarantees one way or the other in the collective negotiations process.
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We do not know. Unions typically do not like to call strikes unless they feel it is substantially necessary, but strikes do happen. And when they do, it is our experience that it is not good for anyone involved – for the Union, for Ciocca, and certainly not for employees.
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Yes, that process is called decertification.
However, if the union wins the election, they are protected from decertification for a period of one (1) year.
After one year, if there is no contract in place, members of the bargaining unit could petition the NLRB to conduct an election to potentially decertify the union. But if Ciocca and the Union reach a contract agreement during the first year, or thereafter, you cannot seek decertification for at least the first three years of that initial contract. Most first contracts last 2-4 years.
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No.
If you are disciplined or terminated for some reason you think is unwarranted, you can ask the union to file a grievance on your behalf. That does not guarantee you will get your job back or that the discipline will be reversed, or even that the union will pursue your grievance. If a grievance is filed, the only guarantee is a process – the grievance procedure – and possibly arbitration that would decide whether you can be reinstated or have the discipline removed from your record.