FAQ on our original & strong Public Sector Collective Bargaining bill
Glossary of Terms
+ Collective Bargaining
Process by which the employer negotiates in good faith with the workers’ through their union.
+ Collective Bargaining Agreement (CBA)
Negotiated, binding contract between an employer and the workers’ through their union.
+ Bargaining Unit
A group of workers with relevantly similar conditions, such that they can join together for the purposes of collective bargaining. The bill gives the determination of these units to the workers, unless the employer can convince a neutral arbitrator otherwise. Examples of units include, but are not at all limited to:
- Nurses across a hospital system
- Nurses at one particular physical location
- Direct healthcare providers at one physical location
- Facilities management workers across the school system
- All staff at one campus
- All staff across the school system
- Graduate workers across a school system
- All instructional worker – undergraduate, graduate, post-doc, faculty – in one college on one campus
- And much more!
Workers can be part of the same union while being parts of different bargaining units. For example, graduate workers and dining workers can both belong to United Campus Workers Colorado yet have distinct collective bargaining agreements that give them the rights, privileges, and compensation that matter for their particular situations.
FAQS
+ What does this mean to me as a worker?
Currently, our bosses have no legal obligation to recognize, or bargain with, our unions. There is also nothing stopping them from recognizing our unions; if they cared about workplace democracy, worker well-being, and the mission of their workplaces they would support unionization regardless of the law.
If this bill were to pass, it would require all public sector employers to collectively bargain in good faith with our unions, once each union shows that it has 50%+1 support of the relevant group of workers who want to bargain collectively (“bargaining unit”).
+ What are our rights now and how will they change?
Currently: You can not be fired or retaliated against for protected first amendment rights, which includes the right to freely associate with our colleagues as our union. However, our bosses can fire us without giving a reason. Importantly, they can also do many other things to scare workers from joining or getting involved in their union; they do not need to be “neutral” about unions.
Changes with passage of bill: Upon the passage of this bill, there will be far more restrictions on what the bosses can do. Under this bill, it would be against the law for our employers to:
- Discriminate against, coerce, intimidate, interfere with, or impose reprisals against any public employee for discussing public employee unionization or workplace issues;
- Threaten to do any of the above in i);
- Deter or discourage public employees from becoming or remaining as a member of their union;
- Use any public funds or resources to oppose an existing or potential union;
Changes with CBA: While the specifics of a CBA will vary depending on what the workers and employer bargain for, this law would require that all CBAs include a provision to prohibit disciplinary action unless there is just cause, with the burden of proof on the employer.
+ Will we immediately have a union contract when the bill is passed?
No. This means that we will be able to bring our employer to the table to force a contract, once we can reach 50%+1 support of the relevant bargaining unit. Nothing in this bill does away with the central importance of organizing in our efforts; it does, however, show a clear way to exercise the power we get from organizing by being able to force a Collective Bargaining Agreement (CBA).
+ What can a contract cover?
Anything that you want and have the power to win. We call this “wide scope of bargaining” or "bargaining for the common good.1" In addition to things like compensation and hours, workers can bargain over whatever they find important. Examples include, but are not at all limited to:
- Staffing ratios in hospitals;
- Class sizes in education settings;
- More resources and support for students and/or patients;
- Issues relating to climate and the environment;
- Ending collaborations with ICE, private prisons, etc.
+ Is this the PRO Act?
No. While we strongly support the PRO Act, there are some very important differences. The PRO Act is federal legislation, while this Public Sector Collective Bargaining bill is specific to CO. The PRO Act is targeted towards private sector workers, while our CO bill is targeted towards public sector workers. Both, however, are massively important as we try to grow the power of unions so that we can do better for our colleagues, our students, our patients, our community, and our world.
+ What does the bill say about strikes?
The bill is silent about the right to strike, which means we retain the right.
Is that good? Aren’t strikes harmful to our students/patients? Why shouldn’t I be scared of the right to strike?
If a strike has to happen, it happens because the bosses have forced the workers into such bad conditions that our wellbeing and the wellbeing of the public we serve is already at risk. When workers for the public good strike, we do so to make sure that we can best serve our mission.
- Nurses have decided to strike to increase staffing levels to protect our patients.
- Teachers have had to strike to make conditions safer and more equitable for their students.
Who determines when, if ever, there’s a strike?
We – the workers and members – collectively decide. Unions are simply an extension of our voice as workers, and all decisions are made by us. This is especially true when it comes to any sort of action, and doubly so when it comes to authorizing a strike. A strike will only be called if previous mobilizations have failed and membership is in a consensus that it is a smart move.
Lovingly made by the Public Workers for the Public Good of CWA Local 7799