Dear colleagues,

While we are awaiting the Regional Director’s decision regarding an appropriate bargaining unit, I want to share important information about how the National Labor Relation Board’s (NLRB) voting process works. The university has responded to the union’s petition in a manner that tries to preserve a shared community of interest for a bargaining unit and also respects the shared governance of the schools/colleges and university. We believe a unit that spans four distinct schools/colleges is not appropriate. However, we do expect a vote for some cohort of our non-tenure track (NTT) faculty to take place in the next month. Because of this possibility, I want to highlight several important considerations for any NTT faculty in the unit of such an election and voting process.

If you are in an approved final bargaining unit for which an election is called, you will receive direct confirmation of such. In addition, official NLRB Election Notices will be posted throughout campus in locations where the NLRB’s first notice was posted shortly after the February 16^th petition was filed.

Secret ballot: Any potential vote will be taken by secret ballot and neither the university, your colleagues, or the union will know how you vote.

Impact of union authorization card: The Service Employees International Union (SEIU) submitted signed union cards to the NLRB when they filed the petition Feb. 16 to demonstrate a “showing of interest” from NTT faculty. Signing the card does not count as a vote for the union or obligate you to vote for the union. Some members of the faculty have expressed concern that they signed cards thinking that this action was only to “get more information.” They have asked if they can get the card back. Please know that you have the right to ask the SEIU organizer to return your card. You are also free to contact the NLRB’s Nashville office (615-736-5921) if you have questions.

Eligible voters: The outcome of a vote is determined by a majority of those eligible to vote who actually cast a ballot. For this reason, it is important that all faculty in a final bargaining unit do indeed vote to ensure their voice is heard.

Results of the election: The ballots are counted immediately following the vote. Any ballots that are “challenged,” or questioned, during the vote are only resolved if the number of challenged votes would impact the outcome. If there are no challenges to the election, the results are certified seven days following the vote.

Next steps following the election: If the vote is either tied or a majority of the voters vote “No,” there could not be an election for the same group of faculty members for one year. If a majority of voters vote “Yes,” the union and the university would be required to bargain in good faith (please read more on bargaining in good faith in my March 21 message). If bargaining is required, statistics show it generally takes over a year to reach agreement on a first contract.

Legal counsel: As we explain in the FAQs, the petition filed by the union required the university to comply with numerous obligations under the National Labor Relations Act. Vanderbilt tried to resolve this issue with the union prior to the hearing, but could not do so. As is customary in legal proceedings before the NLRB, both the university and the SEIU are using outside legal counsel to provide representation and to advise on the respective rights and obligations of the parties.

I recognize there is a lot of information being shared regarding the questions of potential NTT faculty unionization (including FAQs and my previous messages) and appreciate your understanding of the need for continued dialogue. I also want to thank the Faculty Senate for calling a special meeting for all faculty on Thursday, March 30 from 3 to 5 p.m. in Flynn Auditorium at the Law School. Importantly, we continue to welcome suggestions on additional information that would be helpful to ensure eligible faculty are fully informed on the choices they face concerning unionization. Please feel free to contact me directly.

Sincerely,

Susan R. Wente
Provost and Vice Chancellor for Academic Affairs