The Museum’s website, votePMA.com, posts anonymous questions about our union, which it then responds to. We thought a reality check was needed, so we’ve re-posted the questions, PMA responses, and a union fact check.
Q: If the vote favors a union, in the event of a strike, can I refuse to participate in order to protect my job? Job security is my number one priority especially in this current job market with limited opportunities due to COVID. I am concerned that an unintended consequence of a union will result in a permanent loss of my employment at the PMA.
PMA Response:
If the union is elected as your exclusive bargaining representative, all members of the bargaining unit will be required to follow the union contract and the union rules, regardless of whether they voted in favor of the union or voted in favor of the contract.
FACT CHECK!
When the union is formed, PMA workers elect fellow employees to negotiate a contract with Museum leadership. There is no reason for us to negotiate for rules or restrictions that none of us want, and in fact, most union contracts in museums contain no such restrictions. On the contrary, union contracts provide benefits and rights to employees that they would not otherwise have had and restrict management from arbitrary, unfair conduct.
PMA Response:
Most unions have provisions in their bylaws that permit them to fine or otherwise penalize bargaining unit members who refuse to join a strike. Additionally, under federal law, any employee who goes on strike for economic reasons, such as wages, insurance, or benefits, can be discharged and permanently replaced.
FACT CHECK!
The UAW does not allow fines. Moreover, a strike could only be called at PMA if at least two thirds of PMA union members voted to strike. No one else can call a strike for us. Individual participation in a strike is voluntary and solely a matter of conscience. Most strikes are only called by union members as a last resort, however, when well-prepared, strikes can be very effective. Members of Local 2110 have had great success winning good contracts without having to strike by demonstrating solidarity and determination through other means such as leaflet campaigns, rallies, social media blitzes, etc.
PMA Response:
A union contract also does not inherently protect against layoffs or improve job security. It can put protocols in place that specify a process by which employees are laid off and a process by which they are called back to work. Typically, that process favors the employees with the most seniority.
FACT CHECK!
Employees at MoMA, New-York Historical Society, Columbia, the ACLU, and many other workplaces have negotiated job protection such as advance notice of layoffs, severance pay, retraining, and recall rights if jobs reopen or if a worker qualifies for alternative positions. Moreover, if an employer is suspected of acting in bad faith, unionized workers have a right to information necessary to make a fair analysis of the situation and could pursue unfair labor practice charges.
Q: If a union is established, how will the best interests and opinions of those who dissent and do not vote for the union be represented? In other words, a union forces me to accept all conditions of a contract. How is my voice honored as the voting minority when I do not agree with all of the terms because I feel that they put my continued employment and advancement at the PMA in jeopardy? How do I continue to leverage my abilities and experience when I strongly believe that I can represent myself better than a union?
PMA Response:
Once a union is elected, the employer is prohibited by law from negotiating any terms or conditions of employment with any group or individual other than the union. You will only be able to discuss those issues with PMA management through the union and it will be up to the union to decide which issues it thinks are important enough to discuss with PMA management. If you have questions about how the union will make those decisions, you must ask them.
FACT CHECK!
Contracts provide minimum standards. Contracts do not prevent employers from offering more favorable terms of employment, as long as these are not implemented in a discriminatory or unfair manner. Contracts at MoMA, New-York Historical Society, Brooklyn Academy of Music, and others, explicitly allow management to grant additional merit increases and pay above minimum contractual rates.
Q: Maine is an At-will employment state which means that an employee can be dismissed by an employer for any reason and without warning, as long as the reason is not illegal. Will a union supersede this condition and be able to protect my job?
PMA Response:
Most union contracts require “just cause” for employment termination and provide a grievance process for employees who feel they were terminated without just cause. That does not protect employees from layoffs, reorganizations, closures, or reductions in force which typically are permitted by the “management rights” section of the contract, but it does prevent employees from being arbitrarily fired.
The contract the UAW recently signed with the New Museum In New York requires just cause for discipline or discharge and also contains the following management rights clause:
“Except as may be expressly provided elsewhere in this Agreement, nothing herein shall be deemed to limit the Employer in any way in the exercise of the regular and customary functions of management, under which it shall have, among others, the exclusive right to determine when, where, how, and under what circumstances it wishes to operate, suspend, discontinue, or move its operations; to hire and to determine the number of employees; to establish, consolidate or eliminate job classifications; to discipline, discharge, transfer, promote or lay off employees for lack of work or other legitimate reasons; to determine when and how much overtime shall be worked; to determine standards of performance; to direct employees and to assign duties as the Employer deems appropriate and to create or modify job descriptions; to set or change work shifts and work schedules; to promulgate rules and policies governing the conduct of its employees; to implement changes the Museum may make to Museum-wide benefit plans (e.g 403(b) plan, life insurance, commuter benefit) in which bargaining unit members also participate; and to promulgate any work rules that do not conflict with the express terms of the collective bargaining agreement.”
FACT CHECK!
Without a union, every workplace is completely “at will.” All 2110 contracts have just cause protection, which means that management cannot unfairly discipline or terminate employees without cause. This could include lay-offs or reductions that are retaliatory or made in bad faith. While most union contracts have management rights clauses, as the one cited above at the New Museum, the words “except as may be expressly provided elsewhere in this agreement” are key, because protections exist elsewhere in the contract.
Q: Specifically, how will my access to management change? Will opportunities like that in our orientation,“ Muffins with Mark”, still be possible to allow for informal conversations with management to present our observations and hopes on how we can contribute to the PMA?
PMA Response:
There will continue to be opportunities for dialogue and discussion with management, but the ability of management to negotiate or change any terms or conditions of your employment will change significantly. Anything specific to the mandatory items within the contract, which typically include items such as wages, insurance, benefits, hours of work, Vacation, Sick Leave, and scheduling, would need to be negotiated through the union representatives. It also is important to note that our current informal method of resolving problems will be replaced by a formal “grievance procedure.” Typically, those procedures permit grievances to be presented to management only by a union representative. And, typically, they decide whether your grievance ever gets presented to management and whether it moves through the various steps of the grievance process or is abandoned along the way.Once a union is elected, the employer is prohibited by law from negotiating any terms or conditions of employment with any group or individual other than the union. You will only be able to discuss those issues with PMA management through the union and it will be up to the union to decide which issues it thinks are important enough to discuss with PMA management. If you have questions about how the union will make those decisions, you must ask them.
FACT CHECK!
Union contracts do not prevent employees from talking directly with their managers or Museum leadership, either formally or informally. If the Museum wishes to continue “Muffins with Mark,” it can. Going through a grievance procedure with union representation is at the option of the employee. Having a grievance procedure is an important right, however, because if you have a dispute that can’t be resolved directly with your own supervisor, you can call upon the union for help.
Q: Will all operational and programmatic suggestions have to go through the union first? Will we still be able to approach management directly with our suggestions to improve day to functions or to grow educational opportunities? How will current or future committees be impacted by a union which now allow for everyone’s input?
PMA Response:
A union contract regulates mandatory items such as working conditions, pay, and benefits. It does not advance collaboration in strategic initiatives relating to PMA mission or vision such as brand positioning, programmatic decisions, or exhibition development. Currently, the museum encourages staff participation in strategy via committees, work groups, open meetings, and more. If a union is elected, the PMA will continue to encourage participation in these types of committees, work groups and other open forums, but a union contract would likely make that more difficult. Given the needs of the PMA to be responsive and proactive in operational, programmatic, and strategic initiatives, and the fact that most union contracts lock things in place for three years at a time, it is unrealistic to expect deep engagement from unionized staff on areas or items outside the four corners of the contract.
FACT CHECK!
Nothing in a union contract prevents Museum leadership from asking for employee input, as long as they do not do so in order to discriminate or play favorites. Many 2110 contracts specifically contain a labor/management committee to facilitate discussion about issues of general concern — like programs, exhibitions, mission, etc. At MoMA, a union representative is invited to all Directors meetings, which helps keep all employees informed about important policy issues.
We are unionizing precisely because we care and think deeply about the Museum’s mission, our community and the arts in general. Having a democratic voice in our employment conditions and the security of a union contract will free us to engage even more deeply in our roles at the Museum.
Q: What efforts were made prior to seeking unionization to achieve the desired outcome? How were these efforts responded to?
PMA Response:
The PMA did not know about the petition until we received a copy of it on the day it was filed with the National Labor Relations Board in Boston.
Prior to filing, there were no efforts by union organizers to directly work with PMA Management via a proposal of priorities, issues, or concerns.
PMA Management was therefore not given an opportunity to respond to the perspective of the organizers, and has not received any proposals or desired outcomes to date.
We do not know what the union is looking to achieve at this time.
FACT CHECK!
Union supporters organized because staff needed an independent voice in our terms of employment. With a union, when we approach the Museum, we will have our collective power behind us. It will mean the Museum will have to bargain in good faith with us and cannot penalize us for raising concerns they might not otherwise want to hear about. Without a union, we run the risk of being labeled as “problem employees” if we raise issues or criticisms leadership doesn’t like. As mentioned in our open letter, many of us have tried to bring ideas, issues, or concerns to management through established channels and felt unheard and retaliated against.
Once our union is certified, we will be able to elect a negotiating committee from among our own ranks, survey everyone in our bargaining unit about their priorities for a contract, and draw up proposals for presentation in bargaining with the Museum. The bargaining process isn’t easy, but many other technical, office, and professional workers in Local 2110 have successfully negotiated important improvements including layoff protection, maintenance and improvement of health benefits, improved minimum compensation rates, labor/management committees on health and safety and diversity, equity, inclusion and accessibility, fair, non-discriminatory grievance procedures, preference for promotions, etc. into their union contracts.
Q: Who made the decision to hire Local 2110? If Staff want to form a bargaining unit do they have to be represented by UAW/Local 2110?
PMA Response:
The staff involved in union organizing made the decision to work with UAW Local 2110.
The petition that was filed with the NLRB requests a vote on whether all staff members want to be represented as one bargaining unit by UAW Local 2110.
If the election is approved according to petition as it currently stands, all eligible staff will be in one group represented by Local 2110.
FACT CHECK!
No one “hired” Local 2110 because Local 2110 is a union— not a business for hire or a consultant. As a union, it is composed of all of the union members in its different workplaces, which include museums, universities, and many other non-profits. These workers came together in a democratic fashion and voted to unionize to increase their legal rights within the workplace and their collective voice. We sought out Local 2110 because it is a union with a lot of experience representing technical, office, and professional workers in institutions like ours. Here is the website: 2110uaw.org
Q: Many of the contracts posted to the Local 2110 website include a clause that makes payment to UAW a condition of employment. Does this mean that I will be fired if I don’t want to join? What if I don’t agree that Staff should be hiring an outside firm, do I still have to contribute financially?
PMA Response:
You will not be fired if you do not want to become a member of the union.
By law you can’t be compelled to join the union—but you can be compelled to pay “representation fees” to the union even if you are not a member.
The UAW typically insists on a contract that requires an employee who is in the bargaining unit member to either join the union and pay dues or pay representation fees even if they voted against the union or don’t want to join. The “union security” clause typically says that failure to pay will result in termination of employment. As an example, here is a link to the union security clause in the contract between the New Museum and UAW Local 2110 (pages 2-3).
Once a union contract is signed, you cannot opt out of it. The union is the “exclusive representative” for all employees and all departments in the bargaining unit, regardless of whether an employee voted for the union or vote for the contract.
Members typically spend at least several hundred dollars a year in dues, and non-member fees are set by the union based on their calculation of the cost of representation
FACT CHECK!
We, the new union membership of PMA, will decide what to negotiate in our contract, including any provisions on dues collection. No one but us as a group of union members at PMA — including the UAW — can decide for us what to negotiate and what obligation there will be to pay union dues or fees. And whatever we decide on this matter, no one pays any dues or fees until after a contract is negotiated and voted upon by us — the PMA union staff.
At the New Museum and many other 2110 workplaces, members wanted a strong union security clause, because it means that everyone in the bargaining unit who receives the benefits of the contract is included and contributes their fair share. This makes the union stronger and better able to negotiate more forcefully.
Q: If the PMA was in financial trouble, can the union ensure that I won’t be laid off?
PMA Response:
A union contract cannot prevent layoffs, closures, shutdowns, or restructuring.
A unionized business that is in financial trouble typically still has the right to reduce the size of its workforce. Contracts often require the employer to lay off and recall employees in order of seniority within a particular department. That can sometimes cause more layoffs than would otherwise occur without those restrictions.
FACT CHECK!
Even with a union, there can be layoffs if an employer is in genuine trouble. However, with a union, an employer is obligated to bargain about any layoffs. Union members at MoMA, the New Museum, Columbia University and other places have negotiated layoff protection in their contracts such as advance notice, severance pay, extension of benefits, re-training and recall rights if a job is reinstated at a later date or there is another opening for which an employee qualifies. Most union contracts do recognize seniority but even newer employees are protected by such provisions — because it means that an employer can’t just lay off all current staff in order to hire brand new, cheaper employees.
Q: Is the vote a vote to form a bargaining unit or specifically to hire Local 2110 as the bargaining agent?
PMA Response:
The election is to decide if members of the bargaining unit, which includes all employees who are not managers or supervisors, want to form a union represented by Local 2110.
FACT CHECK!
No one “hires” Local 2110 because Local 2110 is a union, composed of the union members in all of its workplaces — not a business. In a union election, eligible employees will vote on whether they want to be represented by a union, in this case, Technical, Office and Professional Union Local 2110 UAW.
PMA is contesting the eligibility to vote of security associates and gallery ambassadors although they are not managers or supervisors. In fact, they are among the lowest paid employees at the Museum.
Q: What is the desired outcome of this process? What will success look like? Are there specific items that are being sought or is it blanket representation? Is there an action plan or proposal that can be shared?
PMA Response:
All that we know is that the organizing group wants the desired outcome to be electing Local 2110 as the exclusive bargaining agent for all employees.
The PMA does not know the group’s desired outcome(s) of unionizing, as the group has not shared their goals, concerns, or an action plan with management.
FACT CHECK!
Once our union is certified, we can elect a union negotiating committee from eligible PMA bargaining unit employees. We can survey everyone in the bargaining unit about what concerns they want to address in a union contract, and the elected negotiating committee can then draw up specific proposals to be presented to the Museum in negotiations. Ultimately, a contract would be presented to the entire PMA union membership for approval.
During conversations that took place prior to petitioning for an election, many of us expressed interest in addressing our compensation levels, pay inequities, securing our benefits and workplace rights, and addressing ongoing concerns about DEAI. Local 2110 members at MoMA, the New Museum, Columbia University, the ACLU, and many other workplaces have addressed similar issues in their contract negotiations, and have won provisions such as:
- Guaranteed annual increases
- Step raises, night differentials, higher minimum starting rates
- Guaranteed benefits
- Promotional opportunities and reclassification rights
- Labor/management committees to address issues of concern including DEAI and health and safety
- Enforceable non-discrimination and grievance procedures
- Guaranteed flex time arrangements
- Child care and family leave provisions
PMA Response:
On their website, the union states that, “we can work to extend PMA’s stated commitments to social justice and equity to our workplace…positioned to negotiate for changes that prioritize issues that matter most to us.” However, collective bargaining is the negotiation process required by federal law in which an employer and a union discuss “mandatory” subjects, which are limited to the “terms and conditions” of employment such as pay, benefits and working conditions.
PMA does not believe that a union will have a positive impact upon social justice or DEAI. To the contrary, we believe that a union will foster mistrust and conflict which will make it more difficult for us to work together in pursuit of our shared social justice or DEAI goals.
FACT CHECK!
In most Local 2110 contracts, we’ve negotiated a binding non-discrimination clause and addressed other issues pertaining to DEAI goals. For example, at the New Museum, we negotiated a provision for a labor/management committee to address issues of concern including diversifying positions at the higher and Board levels of the Museum. At the Brooklyn Academy of Music, the contract states that BAM will commit resources to training and career development.
Our union, both at the local and international levels, has a long history of supporting civil rights, and many other social justice movements. The conflict and discord that we are currently experiencing has been sown not by us but by the Museum’s unnecessary anti-union campaigning and derision of union supporters.
Q: Are there standard definitions that can be used uniformly when speaking about this process? Specifically when referring to various groups and roles. Who is the “us”? Who is “the PMA”? Who is the organizing committee? What is a bargaining unit and who does/does not qualify?
PMA Response:
PMA does not know who is on the organizing committee or who the union means by “us”.
FACT CHECK!
Many union supporters have chosen to identify themselves openly in conversations, meetings, and in public. Given PMA leadership’s aggressively anti-union stance, it’s not surprising that some employees choose not to do this. They have a right to their privacy. It is unlawful for the Museum to interrogate employees about where they stand, and employees who oppose unionization should not allow themselves to be used as surrogates.
PMA Response:
Our understanding is that “PMA” by federal labor law means supervisors, managers and the Board of Trustees.
FACT CHECK!
PMA means the leadership of the Museum who make decisions and set policy. There are supervisors and managers who do not have that level of authority.
PMA Response:
The bargaining unit will be determined by the National Labor Relations Board according to federal labor law. The Union seeks to put all employees who are not managers or supervisors in one bargaining unit.
FACT CHECK!
PMA wants to exclude some of the lowest paid employees at the Museum from inclusion in the bargaining unit — security associates and gallery ambassadors.
Q: How do we leave the UAW, if so desired?
PMA Response:
It is complicated and difficult to “decertify” a union. If the union is elected and employees decide months or years from now that it is not working, the union will remain the exclusive bargaining agent until that process is completed.
FACT CHECK!
The union cannot be decertified for one year after the election and when there is a union contract that has been voted for by the majority of PMA union employees. If the contract expires and employees are not satisfied with the union, it can be voted out in the same manner that it is voted in.
Q: Who from UAW is working with PMA staff? Will those individuals be contracted to PMA or would there be various UAW staff involved throughout the duration of the agreement?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
Here is the union website address: 2110uaw.org
All the 2110 staff who have been working with us got involved in the union through organizing at their own workplaces — Columbia University, the Harriet Beecher Stowe Center, Barnard College, and the Children’s Museum of the Arts. After our union is certified, 2110 staff will continue to work with our own elected leaders to assist us in whatever ways we need — training union stewards, assisting the elected negotiating committee in negotiations with the Museum, helping us administer our contract, etc.
Q: Who on the organizing committee can I go to with questions and how should I contact them?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
Please reach out with questions by emailing MainePMAunion@2110uaw.org.
Q: What has the organization process been and when did it start?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
The decision to start unionizing came about only after there were many conversations between colleagues. We’ve written about this in an open letter you can find here.
Q: How was Local 2110 selected? Which other agents were considered? What was the interview process and who was involved?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
Union supporters chose Local 2110 because it is a technical, office, and professional union that represents many workers at museums, cultural institutions, educational institutions, and non-profits. Local 2110 members are also very active and engaged in the union and have a good track record on fighting hard for good contracts and organizing workers.
Q: Who made the decision to hire Local 2110? If Staff want to form a bargaining unit do they have to be represented by UAW/Local 2110?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
Staff could have chosen to organize an independent PMA-only union, but we didn’t do so because, as a relatively small group of employees, we would have less power and far fewer resources. By joining with the other members of Local 2110, we will be connected to many technical, office, and professional employees within the region. We can draw upon the expertise and resources of the larger union. The International Union, the UAW, is a national union with a long history of fighting for workers rights.
Q: How was the 2% cost determined and who is it paid to? Does Local 2110 give money to the regional and/or national chapters?
PMA Response:
These questions should be answered by union organizers. Contact information can be found here.
FACT CHECK!
The Union’s Joint Council, composed of elected representatives from all of the workplaces within Local 2110, voted on the dues rate of 2%. PMA employees will not pay any dues until there is a contract that is voted on by the new PMA union membership. Most dues are used toward the necessary expenses of running a local union — to pay 2110 staff that organize, negotiate contracts, and handle grievances, for legal fees when we need to use attorneys, for arbitration costs, where we arbitrate a grievance, and for office expenses like rent, printing, and internet. We pay a per capita amount to the International UAW which covers representation costs including access to the research department, the social security department, the legal department, our legislative staff, and Strike Benefit Fund, which provides strike benefits if members vote to go on strike.
Q: Will all questions be answered before the vote?
PMA Response:
The PMA has committed to posting all questions sent to vote@portlandmuseum.org and their responses on this page within two business days. All questions will be posted anonymously and only be from staff eligible to vote in the election.
FACT CHECK!
Throughout the organizing, we have answered questions honestly and to the best of our ability. However, it is unlawful for the Museum to interrogate or bully employees.
Remember the acronym “TIPS.” The Museum cannot:
THREATEN union supporters
INTERROGATE employees about their union support
PROMISE employees perks or benefits for non-support
SURVEILLE employees to find out about their support
