What is a union?
The purpose of a union is to establish the right to collectively bargain a legally binding contract that protects employee compensation and benefits, and establishes workplace rights and job security. By banding together as employees and forming a union, we have more power and leverage to negotiate for better conditions.
What is the benefit of collective bargaining?
Currently, the Museum decides unilaterally on all our terms and conditions of employment: our wages, what our benefits will be, whether we get promoted, whether we are permanent, term, or hourly, when we get time off, and whether we are furloughed or laid off. With a union, the Museum must bargain in good faith with us over all of our employment conditions, and cannot reduce or change benefits without bargaining with us.
Why Local 2110 of the UAW?
Local 2110 represents thousands of technical, office, and professional workers throughout the area, including the professional and administrative staff of MoMA, the New Museum, the New-York Historical Society, the Brooklyn Academy of Music, Columbia University, New York University, the ACLU, and, more recently, the MFA, Boston, MASS MoCA and the Portland Museum of Art. Union members in these workplaces have successfully negotiated union contracts that have improved pay and benefits and established workplace rights and protection. The UAW is one of the most powerful unions in the country and provides our local union with resources and expertise to assist us in legal issues, organizing, civil rights, legislative action, and health and safety work.
Who is eligible to be in the union?
The bargaining unit we have petitioned for is composed of full and part-time, professional and non-professional staff throughout the Museum. It does not include anyone who is also represented by DC37.
Who is excluded from the union under labor law?
Managers who have policy-making authority for the Museum and supervisors who use their independent judgement to assign, hire, fire, promote, lay off, discipline, etc. (Note: Those who oversee or participate in the hiring selection process for vendors, temps, volunteers, independent contractors, or interns who are not in the unit are not supervisors under federal labor law.) Having the word “Manager” or “Supervisor” in your title is not enough to exclude you from the right to unionize. Security guards can unionize, but under labor law, they must be in a separate union from other employees.
Are unions really appropriate for Museum professionals?
Unionizing is becoming more and more common in our field. Thousands of workers at museums and arts organizations have formed unions or are in the process of organizing. Just recently, professional staff at MFA, Boston, MASS MoCA and the Philadelphia Museum of Art have organized unions. Our counterparts at the Whitney Museum of American Art and the Hispanic Society of America have also petitioned for union elections. Across the country, unions are common among higher education professionals and in health care. Local 2110 already represents the staff of several museums and cultural institutions including many museum professionals in curatorial, conservation, archives and more. (Please see Why Local 2110 of the UAW?)
Can I lose my job for joining a union?
NO. It is illegal to retaliate against anyone for forming or joining a union. Hundreds of thousands of workers in every occupation, including at non-profits and art museums, have formed, joined, and been active in their unions. And only with a union contract do employees have real job protection. Remember the acronym TIPS: it’s illegal for an employer to Threaten, Interrogate, Promise or Surveil employees in connection with unionizing.
I’m in favor of the union, but I’m nervous about what my supervisor will think. Do I have to tell my boss that I signed a card and will vote for the union?
Supporting a union is completely legal and becoming the norm among professionals, but it is up to you how open you want to be about your support. Union support cards are not shared with management, and go only to the National Labor Relations Board (NLRB) and the union itself. It is illegal for your supervisor or any member of management to ask if you have signed a union support card, how you plan to vote, or whether you support the union.
Can the Brooklyn Museum stop this?
We have a right to unionize under the law, but some employers campaign aggressively against unionization or try to delay the legal process. Recently, some museums — notably MASS MoCA — have affirmatively chosen to be neutral and allow employees to vote on unionization without interference. We hope that the Brooklyn Museum will respect our right to unionize and will not delay or obstruct the process. As an institution that already deals with a union (DC37 AFSCME), as a “C.I.G.,” which receives public subsidies, and as a museum that highlights its social justice mission, it would be hypocritical for the Brooklyn Museum to oppose its staff’s right to organize .
Note that although it’s not technically unlawful for management to express their opinion, some employers use misinformation and distortion to disparage unionization campaigns. And the following IS illegal. Remember the acronym “TIPS”:
Threaten – it is illegal to threaten, discipline, or discriminate against employees because of their support for a union;
Interrogate – it is illegal to ask employees about their support for a union or about the support of their peers;
Promise – it is illegal to promise favors or benefits for a vote against unionizing instead of a vote for the union;
Surveil – it is illegal to surveil or spy on union activity. It is also illegal to tell an employee that others have said they are a union supporter.
What about DC37, the existing union at the Museum?
Many museums and universities have multiple unions that represent the different occupations at the institution. The union we are working with, Technical, Office and Professional Union of Local 2110 UAW, represents our counterparts at MoMA and has recently organized professional and non-professional administrative staff at the Museum of Fine Arts, Boston. We look forward to working in solidarity with our colleagues who belong to DC37.
Is Brooklyn Museum too financially vulnerable to sustain itself with a union, either due to the pandemic or because finances were already precarious?
Without a union, the staff will never be a priority, nor will we ever be able to influence how Brooklyn Museum allocates resources. Currently, like so many institutions, Brooklyn Museum spends significant amounts on executive level compensation, consultants, etc., but staff are poorly paid, conditions are unequal across departments, and longevity is unsustainable for many staff. Without a union, we will continue to be low on the priority list and will have no voice in our work lives. Without a union, there is no way to hold Museum leadership accountable for the decisions that affect us every day, from health and safety to DEIA concerns.
Unionizing is not just about getting more money. It would not be in our interest to put the Museum in an unsustainable position. Plenty of much smaller institutions with lower operating budgets than Brooklyn Museum, such as the Bronx Museum of the Arts, have organized because staff want a voice in what happens to them. Unionization will give us the power as a group to demand a workplace that is fair and transparent, and requires that Brooklyn Museum meet us as equals at the bargaining table.
If we have a union, will management lay people off?
It would be illegal for Brooklyn Museum to lay people off simply for forming a union. However, without a union, the Museum can lay off whomever they choose, whenever they choose, for any and no reason. Virtually all the union contracts in Local 2110, including at MoMA, the New Museum, Columbia University, etc., require management to justify any layoff with hard information about the reason, provide notice and severance to anyone affected, and consider anyone who has been laid off for future vacancies for which they qualify. Currently, without a union, we are at-will employees, and have none of these protections.
Will the union interfere with my workload, flexibility, or the mission of the workplace?
The union’s purpose is to create a better workplace for the staff. Moreover, it is up to us to decide what we all want to see in the contract and what is important to us as Museum professionals. Each institution’s Local 2110 contract is unique and is developed by the members in that workplace. For example, in many Local 2110 contracts, members have successfully negotiated for flexible hours and schedules, as well as for preference for upgrades and promotions. Unionizing would not have a negative impact on professional activities including the ability to travel on courier or research trips for the Museum, attend professional conferences, etc.
Will the union force everyone to receive the exact same salary?
NO. There would be no reason to do that if the members do not want it, and nothing in a union contract stops anyone from asking for a raise. Local 2110 has never negotiated any contract which resulted in any employee’s pay being “leveled down” or cut. At MoMA, which has been unionized since the 1970’s, there are a range of compensation grade levels and titles. Everyone gets guaranteed increases and step raises, but base salaries depend upon level of responsibility, years of service, etc., as negotiated in the union contract. In addition, the contract explicitly allows employees to ask for additional, discretionary merit increases.
It is very common to develop an agreement that can successfully accommodate employees with varying interests. Without a union, however, management can make unilateral changes in work rules, hours, pay, or other working conditions.
Who decides on accepting a contract or going out on strike?
We do. All contract proposals are voted on by the entire membership in the workplace. We elect our own negotiating committee, and we vote on whether to accept or reject a contract. Before a strike is even considered, we must vote to authorize it by a two thirds majority. Once a contract is approved by the membership, there can be no strike for the length of the contract.
What are union dues?
There are no dues until after a first contract is negotiated and voted into effect by a majority of the members. After that, union dues are 2% of your regular (gross) wages (excluding overtime) deducted from your paycheck. If you are paid weekly, dues are deducted weekly, if you are paid bi-weekly, dues are deducted bi-weekly, etc. Union dues pay for the cost of maintaining and supporting a strong union, e.g., legal costs for processing any grievance or arbitration that might come up, union staff to assist members with problems and contract negotiations, office equipment, supplies, rent, etc.
What about strikes?
Strikes are a pressure tactic of last resort, and most contracts are settled without strikes. Local 2110 has negotiated many successful contracts without having to strike, by effectively using rallies, leaflet campaigns, social media campaigns, and other tactics to win a fair contract. Strikes can only be implemented if the members themselves want to strike. Any strike would require at least a two thirds majority vote of union members.
A strike can also be a powerful tactic. At MoMA, workers went on strike in 2000 to maintain their health benefits, increase their wages, and protect their rights as a union. The strike was effective — the museum staff won a great contract and has not had to have another strike in 20 years.
If Brooklyn Museum Conducts an Anti-Union Campaign, what would it be like?
Employers use misinformation, misleading information, and disinformation about unions as their main weapon. Some employers have called special “information” sessions to present staff with negative information about unionizing. Some employers issue misleading FAQs or other written communications, or use supervisors to communicate directly with staff. Often such communications focus on dues, strikes, allegations of union corruption, and claims that unionization will create rigid rules and loss of flexibility. Sometimes employers make promises to be better or ask for “another chance.” Most anti-union campaigns are designed to pit staff member against staff member and to make people view the union as an outside force, instead of what it really is: staff members themselves banding together for collective power and leverage.
If a manager does approach you directly, here are some ways to respond:
“Thanks for your feedback, but I’d rather not discuss this.”
“Forming a union is my legal and democratic right.”
“We support forming a union because it will make Brooklyn Museum an even better workplace for us all.”
In large meetings or “information” sessions, you should feel empowered to challenge misinformation and to make statements of your personal support! The goal isn’t to change management’s mind, but to demonstrate support to your colleagues and dispel misinformation.
Union Elections
How does the vote work?
- After a strong majority of us— Brooklyn Museum staff— sign union support cards, we will petition the National Labor Relations Board (NLRB) for a vote to take place among all who are eligible for inclusion in the unit. Signed union support cards are submitted to the NLRB and are not shown to management.
- It is likely that the NLRB will set a date and time for an election within a few weeks. The election, when scheduled, will either take place on the premises of the workplace, or will be by mail ballot. Either way, it is administered directly by the Labor Board. The employer is required to post an official notice from the NLRB about the date, time, and specific location for the vote.
- If a majority votes YES, our union will be certified by the NLRB, and Brooklyn Museum will be legally obligated to bargain in good faith with us for a union contract.
- Our next steps will then be to elect a bargaining committee from among ourselves, survey everyone on their ideas for improvements, and draw up proposals for a legally binding union contract. We will have the assistance and guidance of experienced Local 2110 representatives, who have bargained many union contracts. Once our union is certified, even before we agree upon a contract, the employer cannot make unilateral reductions in our terms and conditions of employment, e.g., try to lower benefits so we have to bargain them back.
Collective Bargaining
Generally speaking, what does the negotiating process look like?
After reviewing employee surveys, current policies, the employee handbook, and other contracts for similar employee groups— as well as having conversations with members— the negotiating committee, composed of elected bargaining unit members, draws up initial contract proposals. The number of people on the negotiation committee is based on the number of people in the bargaining unit. These proposals are presented to members for feedback and approval before being presented to the Museum.
The negotiating committee will be trained and assisted throughout the entire process by experienced UAW Local 2110 staff.
The final contract must be ratified by members before implementation; union dues are not incurred until after the contract is negotiated and approved by members.
What is the purpose of the negotiating committee?
The elected negotiating committee will draw up initial demands for a union contract, meet with the management to negotiate over these demands, and ultimately, make a recommendation to the membership on management’s final offer for a contract that will guarantee our compensation, benefits, job security, and workplace rights.
What kinds of things can we bargain for?
We can bargain for any term or condition of our employment, including compensation, benefits, workplace rights, etc. During the bargaining process, management cannot make any reductions in our conditions to try to force us to “bargain back” what we already had. Workers at MoMA, Columbia University, NYU, the New Museum, and other cultural and educational institutions within Local 2110 have made important gains in salary levels, promotion rights, job security, health benefits, and workplace rights.
How will we ensure everyone’s concerns and grievances are heard and considered in the negotiating process?
Everyone will be asked to fill out a survey and be as honest and thorough as possible in answering about their priorities. Members should attend union meetings, info sessions, and actions when called, so that executives are made aware of the importance of the contract to all. All members are encouraged to stay in touch with negotiating committee members, ask questions when you have them, and give feedback throughout the process. Negotiating a first contract is a huge responsibility that will require participation by all unit members.
How can a union contract accommodate so many different interests?
It is extremely common for a union contract to cover a variety of job titles across departments within an institution. For example, at MoMA, Local 2110 represents workers in the store, visitor services, curatorial, conservation, and administrative staff. Together, they have been successfully negotiating union contracts for decades, including provisions for wage increases, stronger benefits, and workplace protections.
What’s the obligation to bargain in “good faith”?
Although “good faith” bargaining will not require management to agree to any one particular proposal, it will require them to meet with elected union representatives, negotiate with them, offer compromises, and provide necessary and relevant information to assist the bargaining. Through “good faith” collective bargaining, staff at MoMA, the New-York Historical Society, Columbia University, the ACLU, and many other Local 2110 workplaces have achieved substantial improvements in their wages and benefits, and have established job rights and security that did not previously exist.
How long will it take to finalize a contract?
On average, it can take from 6 months to a year. The likelihood of negotiating a good contract in a shorter amount of time will be increased if the union membership is actively engaged in the process and make it clear through unified actions and articulated support for the negotiations that a fair offer is necessary.
After we ratify our contract, what happens next?
After the contract is ratified, we will elect a chairperson and delegates from among our unit to serve as stewards: they will ensure that management lives up to the provisions of the contract and offer support to all members with any problems that arise in the workplace. Disputes still happen, but ultimately the union will become an integral part of the workplace.