1. What is Fair Share?
2. Why doesn’t the Akron-AAUP just refuse to represent non-members?
3. What are the costs of representation?
4. How will the vote on Fair Share be conducted?
5. How much will the Fair Share fee be?
6. What has collective bargaining accomplished?
7. Will Akron-AAUP members pay more as a result of this vote?
8. Would Fair Share result in a reduction of Akron-AAUP membership dues?
9. If Fair Share passes, what will be done with the money?
10. Will my Fair Share (representation) fee be used to support
a political agenda?
11. Are there any circumstances under which a non-member can be exempt from the fee?
12. Are Fair Share (representation) fees tax deductible?
For Faculty Who Are Not Akron-AAUP Chapter Members:
Estimate your fair share fee
HERE.
Please Note: Some of the information reported below is a little outdated as it
comes from the campaign to have a fair share fee approved by UA faculty.
This occurred in a special election held March, 2006 when fair share was
approved with a vote of 70% in favor. We've left this information posted here to
give all who are curious a good sense of the rationale underlying and the
purpose of the fair share fee. As always, Akron-AAUP invites you to Ask Us
Anything!
1. What is Fair Share?
Most universities in Ohio with faculty representation (all except
Cincinnati) have a provision in their collective bargaining agreement
that requires non-union members to pay their “fair share” of the costs
of bargaining and enforcing the agreement. Currently, Akron-AAUP
does not have a Fair Share (representation) fee in place. That
means that all of the costs of negotiating our first contract, paying
legal fees, filing and pursuing the unfair labor practice charges with
SERB, and paying for our share of the fact-finding costs were borne by
half the faculty, your colleagues, who are currently Akron-AAUP
members. Our first contract guarantees a vote of all members of
the bargaining unit (Akron-AAUP members and non-members alike) on
whether or not faculty who are not Akron-AAUP members will be required
to pay a Fair Share fee for the services provided.
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2.
Why doesn’t the Akron-AAUP just refuse to represent non-members?
As the certified representative of UA’s full-time faculty, Akron-AAUP
is required to provide services to ALL bargaining unit faculty members—union and
non-union members alike. Regardless of the outcome of the vote on
Fair Share, we will continue to do so. However, the quality and
effectiveness of representation depend upon the willingness of faculty
to support the work of your faculty colleagues in Akron-AAUP and upon
the availability of adequate financial resources.
Furthermore, it is important that Akron-AAUP has the long-term ability
to effectively represent the faculty. The first negotiation was
grueling and expensive, and we have no idea what the future
negotiations will bring. We cannot control what other parties do,
but we can certainly put ourselves on a sound financial footing to
protect our rights.
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3.
What are the costs of representation?
Every three to four years, Akron-AAUP will have the opportunity to
bargain a new contract that will set the terms and conditions of
employment for every faculty member in the bargaining unit (all 650 of
us). As in the current contract, this bargaining will
cover: raises; promotion increments; health insurance benefits
and costs; tuition benefits; shared governance; and more. The
Akron-AAUP is also responsible for monitoring compliance with the
contract and ensuring that faculty rights are not gradually
eroded.
The first contract negotiation cost Akron-AAUP tens of thousands of
dollars in legal fees. And the next negotiation may be similarly
expensive. But in the intervening years there can be other high
costs. As our sister chapters report, taking one legitimate
faculty grievance all the way to arbitration can cost approximately
$10,000. The Akron-AAUP would pay for these costs. Or there
may be an unforeseen unfair labor practice, requiring tens of thousands
of dollars in legal costs (as with the previous ULPs). As costly
as this is, it is the price of protecting all of our rights under the
contract.
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4.
How will the vote on Fair Share be conducted? (Note: The
Fair Share Vote was held March 2006)
A memorandum of understanding (MOU) between Akron-AAUP and the Administration
guarantees us the right to conduct this vote. The vote will be electronic
and run by AAA (American Arbitration Association). All bargaining unit
faculty will receive voting instructions in the mail, and can vote via internet
or telephone. All Bargaining Unit Faculty are eligible to vote. The outcome of the vote will be determined by a simple
majority of the votes cast .
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5.
How much will the Fair Share fee be?
Fair Share (representation) fee payers will only be asked to support
those collective bargaining costs related to negotiating and
implementing the contract. In the law, these are called
“chargeable” costs, and they are for services that benefit ALL faculty
and include contract bargaining, legal fees, contract implementation,
grievances, arbitrations, etc.
Each year, the chapter will have an audit of its expenses to determine
those costs that are chargeable and non-chargeable. The state and
national AAUPs conduct a similar audit of the chargeable and
non-chargeable costs in their dues. For each Fair Share fee
payer, Akron-AAUP will compute the membership dues, then deduct off the
top all of the non-chargeable costs, leaving just the Fair Share
fee. Depending on the faculty member’s salary, these Fair Share
fees (based upon the most recent data available) could range from about
.32% to .6% of 9-month salary, with the “average” salary faculty member
paying about .5%. After each year’s audit, the fair share fee
percentage will be adjusted accordingly, and any faculty member may
challenge how the calculations were made. This fee is less than
the dues that Akron-AAUP chapter members pay, which is .75% of 9-month
salary. However, chapter members also have full voting
rights, membership in the state and national AAUP, a subscription to
Academe, and other benefits of membership.
Fair Share fee payers are NOT paying for membership in the faculty
union, but only for their share of the costs of bargaining,
implementing, and enforcing the contract, which are services that
benefit them.
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6.
What has collective bargaining accomplished?
According to colleagues at other Ohio institutions, we have negotiated
one of the best first contracts they have seen. This contract has
established a new governance landscape in which faculty have legally
guaranteed rights on over 30 contract articles. Furthermore, the
Akron-AAUP was able to protect faculty rights against unfair labor
practices, leading to a 1.2 million dollar settlement for faculty and a
scaling back of unilaterally imposed changes on faculty.
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7. Will Akron-AAUP members pay more as a result of this vote?
No. The fair share (representation) fee only will affect members
of the bargaining unit who currently do not contribute to the costs of
negotiating and administering the contract. No increase in dues
for Akron-AAUP members will take place as a result of this vote.
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8.
Would Fair Share result in a reduction of Akron-AAUP membership dues?
Only Akron-AAUP chapter members can authorize a change in membership
dues. Dues for every Akron-AAUP member include a flat amount
going to the state and national AAUP, with the remainder being for
local dues. Therefore, a certain level of dues is required to pay
those fees and have money left to provide services to members.
Given the costs to date in reaching the contract, and the likely
expenses in implementing a new contract, Akron-AAUP members will have
to weigh these costs against dues reductions.
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9.
If Fair Share passes, what will be done with the money?
Fair share will ensure that faculty rights will never have to take a
back seat to the ability of the Akron-AAUP to afford required
actions.
If Fair Share is instituted, your faculty colleagues in the Akron-AAUP
will be able to represent the faculty as fully as the improved
resources will allow. As we saw from the first negotiation and
the unfair labor practice charges, protecting our legal rights in the
contract can be quite expensive. The Administration significantly
outspent us over the course of the two-year negotiation. Yet our
entire negotiating effort – which served ALL faculty – was supported by
only half the faculty who are Akron-AAUP members. As you can
imagine, our finances were pushed beyond the limit. If Fair Share
passes, the chapter should have sufficient resources to take any needed
legal actions, to take to arbitration any legitimate and unresolved
grievances, to train negotiators and grievance committee members, to
effectively negotiate the next contract, and to protect faculty rights
and the contract.
Remember, too, that when the Akron-AAUP won the unfair labor practice
settlement for 1.2 million dollars, not a single penny came back to the
Akron-AAUP…ALL of the money was distributed to faculty. Yet the
Akron-AAUP was forced to spend incredible sums of money to protect the
faculty and win this settlement.
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10.
Will my Fair Share (representation) fee be used to a support political agenda?
No. Akron-AAUP does not advocate on behalf of political
candidates or causes. We gratefully welcome support from
policymakers or politicians who support higher education and the
interests of faculty and students. But by law, a Fair Share fee
can only cover expenditures related to collective bargaining and
representation. Direct support for candidates cannot come out of
the Fair Share fee.
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11.
Are there any circumstances under which a non-member can be exempt from the fee?
Yes. Section 4117.09 of the Ohio Revised Code provides that
“[a]ny public employee who is a member of and adheres to established
and traditional tenets or teachings of a bona fide religion or
religious body which has historically held conscientious objections to
joining or financially supporting an employee organization…shall not be
required to join or financially support any employee organization as a
condition of employment.” In these cases, Ohio law requires that
the employee pay an amount equivalent to the Fair Share fee to a
nonreligious charity. If a Fair Share (representation) fee is
enacted, Akron-AAUP will work with faculty who wish to exercise their
rights under this provision of the law.
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12.
Are Fair Share (representation) fees tax deductible?
Dues and fees paid to professional associations such as Akron-AAUP may
be tax deductible. Please consult your tax advisor for more
information.
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