Know The Facts

Yes. Unions are businesses supported primarily through dues, fees, fines and assessments charged to their members. By increasing membership, unions are able to generate more money.

A union campaign is an effort by the union to convince employees to become union members by signing authorization cards or by voting for the union in an election. Tactics used by unions during organizing campaigns may include visits to employees’ homes, phone calls and emails to employees, meetings on- and off-site, rallies, picketing, and publicly criticizing REMSA in the media, including newspapers, radio, TV, on the Internet and in social media.

Most unions employ paid sales staff called organizers, who are trained and responsible for organizing employees at targeted companies. These individuals are paid by the union to get employees to sign cards and join the union. The union organizer also may use pro-union employees to convince their peers to sign an authorization card or vote for the union. These employees, sometimes called internal organizers, also may be paid by the union and promised a special position (such as union delegate or steward) if the union campaign is successful.

No. Employees are under no obligation to talk with a union organizer. Further, they have legal rights under the National Labor Relations Act (NLRA) and civil law that protect them from harassment, intimidation and coercion. The NLRA also preserves employees’ rights to refrain from any union activity, to campaign against the union and not to sign union materials.

Yes! Employees have the legal right to oppose the union. They also have the right to let other employees know their opinion and can communicate that opinion in whatever manner they choose as long as they do not violate our solicitation and distribution policy.

No. The law prohibits employers from assisting any employees’ efforts to either support or oppose the union. Employees have the right to use other outside resources, but management may not provide monetary or other physical support. However, it is legal for management to encourage all employees to express their opinions and to campaign, as well as to provide education about how union representation could change our workplace.

No. If employees want to attend union meetings, that is their legal right. If an employee attends the meeting and voluntarily tells management what occurred, that also is his or her right. You can listen and let employees know you are available to answer their questions, but it is inappropriate for management to ask questions about a union meeting or other activity. Management may ask employees if they have questions or if they need more information. And managers can correct any misconceptions an employee voluntarily shares about a union meeting or other activity.

No. Employees do not have to sign a card to vote in an election, to attend union meetings or to get more information about the union. Employees have these rights already. By signing, employees may be giving up their right to work directly with REMSA about their pay, benefits and terms and conditions of employment (if the union wins the election).

No – union representation elections are run by the federal National Labor Relations Board (NLRB), which ensures that votes are confidential. NLRB elections are conducted by secret ballot.

Employees are not required to vote, but if there is an election, we strongly encourage them to vote. The outcome of an election is based on the actual number of votes cast, not on the total number of employees who are eligible to vote. It only takes a majority of those who vote to win an election for either party. For example, if 200 employees are eligible to vote, but only 100 actually vote, it would only take 51 “yes” votes for the union to be elected – yet all 200 employees would be represented by the union and would have to work under the terms of the collective bargaining agreement negotiated between the union and REMSA, if an agreement were reached.

If the union wins the election, it will represent every employee in the bargaining unit. Not only will it represent those employees who voted for the union, it also will represent those who voted against the union, as well as those who did not vote. That is why every vote is so important.

No. An employee would not lose his or her job by voting for the union. No one would know how an employee voted unless they shared that information. And if they did, we respect the right of each employee to decide for himself or herself whether or not they favor unionization.

No one can be “forced” to join the union, though everyone’s pay, benefits and terms and conditions of employment would be determined by whatever the union negotiated with REMSA – even in a right-to-work state like Nevada, where unions are not allowed to force employees to pay dues.

No, all employees – whether they voted for or against the union, or didn’t vote at all – would be subject to the terms and conditions that are negotiated in the union contract. There is no way to “opt out” – even in a right-to-work state like Nevada. Plus, if an employee joins the union as a member, he or she would be required to follow the union’s rules as written in the union’s constitution and bylaws.

It’s not that easy. Once the union is voted in, they permanently represent the employees unless the employees go through a formal legal process to remove the union, called decertification. There are lots of rules that protect the union, including specific times when decertification is allowed. For instance, for one year after a union is voted in, employees may not decertify the union. If the union and the employer agree on a contract during that first year, employees may not attempt to decertify the union until near the end of that contract (up to three years). To remove a union, employees would have to get signatures of at least 30 percent of employees in the unit and submit it to the NLRB during very strict time periods. If employees are successful in submitting a petition, the NLRB would hold a decertification vote. Employees would be responsible for the entire cost and effort of getting the petition signed and filed with the NLRB. According to the law, neither REMSA nor any of its facilities could help with any of the legal expenses or assist employees in any way with this process. The union may put employees who attempt to decertify the union on trial and possibly discipline or fine them.

National Right to Work Foundation, Center for Union Facts, National Labor Relations Board

Yes. Annual union dues can range from several hundred dollars to more than $1,000 per year depending on the union. Unions also can charge other fees, fine members for breaking their rules, or charge special assessments to members. Unions depend on the money they collect from members to run their business, which is why they fight so hard to organize employees.

Employees pay dues on a monthly (or per paycheck) basis to belong to a union. The union has the legal right to increase dues at its own discretion. Dues are not negotiated between the union and an employer. For example, it is not unusual for union dues to be a percentage of employees’ hourly rate, or hours worked per pay period.

Depending on the constitution and union bylaws, union members can be fined for violating union rules such as: - Crossing a picket line, Being disloyal to the union by attempting to get them kicked out (formally known as decertification), Conduct unbecoming a union member

Assessments are charges 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 the union may deduct them directly from your pay.

Most employees can no longer deduct union dues on their federal tax return in tax years 2018 through 2025 as a result of the Tax Cuts and Jobs Act (TCJA) that was signed into law on December 22, 2017. Some states, such as Minnesota and Pennsylvania, may allow the deduction on the state tax return. Check with your tax preparer.

Union organizers can make promises they don’t have to guarantee. When a union is voted in, all pay and benefits are subject to negotiation, and there are no guaranteed outcomes. The union would have to try to bargain a contract with REMSA, but REMSA could say no to union demands. No one, including union organizers, knows until the contract is negotiated what the final outcome will be. First contracts also may take a long time to negotiate, and under federal law pay increases generally cannot be given to employees during negotiations.

Regardless of how you vote, if AFSCME wins the right to represent REMSA employees, all employees in the bargaining unit would be represented by the union. While they couldn’t force it, the union would expect everyone to pay dues. In Nevada and other right to work states, unions are known to use public and peer pressure to get represented employees to pay dues. Unions sometimes name employees who don’t pay dues or fees on websites, bulletin boards and in union materials.

As defined by law, collective bargaining only requires an employer and the union that represents employees to: Meet at reasonable times - Bargain in good faith about wages, benefits, hours and terms and conditions of employment - Put an agreement (contract) in writing if one is reached and if it is requested In short, an employer doesn’t have to agree to anything that it believes is not in the best interests of employees or patients. As a result of the collective bargaining process, you could end up with less than, more than or keep the same wages and benefits that you now have. There are no guarantees despite what the union may be promising you.

Bargaining for a first contract varies greatly, but can take a long time. The law does not place a time limit on how long negotiations will take; the law does not even require that an agreement ever be reached. It is not uncommon for a first contract between a union and an employer to take a year or even longer to negotiate. Studies have found that 50% of first contracts take more than one year to negotiate; 25% take more than three years.

Negotiation topics include wages (base pay, overtime, shift differentials), benefits (healthcare, PTO), hours and any terms and conditions of employment such as: How seniority is used - How layoffs are conducted - How schedules and shift assignments are defined - How grievances (employee complaints) will be processed

Pay increases, market adjustments and benefit changes generally are frozen during negotiations. The employer must maintain what the law calls the status quo – meaning changes cannot be made without agreement with the union, unless the change was planned previously or is part of a long-standing past practice.

No. However, union organizers can and will make “promises” to employees to obtain their signatures on union authorization cards or their vote. In negotiations, management has no obligation to agree to any specific union request. Any changes to wages, benefits or working conditions would have to be negotiated with and agreed to by REMSA. When it comes to union negotiations, employees may get less than, more than or the same as they currently have.

There are typically three potential outcomes: - The union and REMSA could agree to extend the effective date of the existing agreement (if there is one) while they continue to negotiate- The union could strike - If management and/or the union believe they won’t agree on terms of the contract (called a “stalemate” or “impasse”), either side may request mediation, arbitration, or management could simply implement its “last-and-final” offer.

In accordance with the law, REMSA would bargain in good faith with the union if it becomes employees’ certified representative. This means that management must meet with the union at reasonable times and places to talk and attempt to reach agreement about mandatory subjects of collective bargaining, such as pay, benefits and working conditions. This does not mean, however, that REMSA is required to agree to any specific union demands or to make concessions to the union.

No. Once a union represents a group of employees, the contract the union negotiates applies to all the employees in a bargaining unit. The rules do not allow for an employee to “opt out” of a union contract he or she doesn’t like, nor do they allow for an employee to disregard portions of the contract that he or she doesn’t agree with.

Maybe. Typically, unions will negotiate one method by which work schedules are determined for all of the represented positions. This may change how your work schedules currently are determined and the flexibility that you currently enjoy. Unions typically want to negotiate seniority provisions that mean that the employees with most seniority get preference for holidays off, vacation schedules and choice of shifts.

No. Unions may claim they can provide job security, but the law (National Labor Relations Act) states that an employer has the right to discharge, transfer or lay off an employee for genuine economic reasons or for such good causes as disobedience or poor performance. At REMSA, we work hard every day to make sound decisions that will help maintain our financial security and prevent layoffs. No union can do this for us. And we would consistently enforce our policies for attendance, performance and behavior whether there is a union or not.

No. Only REMSA has the authority to decide who its managers will be. It is important and expected that our leaders display fairness at all times. If an employee feels a manager is being unfair, the employee should contact Human Resources.

A strike is a work stoppage caused by a mass refusal of a group of employees to perform work. If the object of the strike is to obtain from the employer higher wages, shorter hours or better working conditions, the striking employees are called economic strikers. If the strike is to protest an unfair labor practice allegedly committed by the employer, strikers are called unfair labor practice strikers.

We don’t know. However, the union’s greatest leverage is the threat of a strike if management doesn’t agree to its demands during contract negotiations. If the union authorizes a strike, all employees in the bargaining unit will be pressured to go on strike. Union members could be put on trial by the union and fined for crossing the picket line. The only way to ensure there are no strikes is to remain union-free.

Yes, if the union and its members strike to try to force management to agree to its demands, the law permits the employer to replace the striking employees with permanent replacement workers. This means that after a strike, an employee who was permanently replaced would not be able to return to work but could instead be placed on a rehire list.

Not by REMSA. Once a strike begins, all payment of employee wages stops. Benefits also may be stopped depending on the timing and length of the strike. In that situation, employees may continue their medical coverage by paying the COBRA rate, which is 100 percent of the cost of the medical plan (employee and company portions) plus an administrative fee.

When striking over economic issues (wages and benefits), strikers in most states (including Nevada) are not eligible to collect unemployment compensation. No employee, regardless of the state in which he or she works, would be eligible under federal law for food stamps (unless previously eligible) since strikes are considered voluntary actions.

Some unions provide strike benefits; others do not. Employees should ask the union what the amount of the strike benefits would be, if any, and have them guarantee it in writing. Employees should also ask if the union would require them to march on the picket line in order to receive any strike benefits.

Yes, provided the employee has not been permanently replaced. However, employees who are members of the union may face the prospect of being fined by the union for crossing the picket line.