Menu
On April 13, the Rochester Union of Clinical Trials Laboratory and Support Staff, filed a petition with the National Labor Relations Board (NLRB) seeking an election among members of Clinical Trials Specimen Management team at ACM.
We’ve created this site to help share factual information for Clinical Trials Specimen Management team members and others who have questions about the Rochester Union of Clinical Trials Laboratory and Support Staff, what unionization is, and the collective bargaining process, as well as how a potential union could impact the Clinical Trials Specimen Management team.
We believe maintaining a direct relationship between ACM and the Clinical Trials Specimen Management team is the best way to make sure we treat members of the team as the individuals they are and meet their individual needs, while continuing to effectively respond to requests and issues that may be raised.
No, but we don’t believe that unionization, and the collective bargaining process that comes with it, is the right fit for the Clinical Trials Specimen Management team.
We believe the introduction of a process that has such a profoundly different approach to our interactions, and that can result in an adversarial relationship, would not be in the best interest of the Clinical Trials Specimen Management team or ACM Global Laboratories.
Because unionization comes with legal requirements that would change many aspects of the relationship between ACM and its employees, including how we work with and meet the needs of our employees. We currently have a unique and direct relationship that is worth preserving. In a unionized environment, an employee can present issues, concerns and grievances to their supervisor, but the union contract often spells out how such issues and grievances must be addressed and that a union rep must have a chance to be present during that process. Typically, the language in union contracts is very specific, and it could limit what management can do when such issues are raised. Management may not have as much flexibility if an employee’s request or issue is related to a term of the union contract because ACM management would have to adhere to what the contract says. This includes, but is not limited to, a requested schedule change that conflicts with what is permitted by the contract.
Some team members are interested in bringing in a union and are encouraging or pressuring others to join their effort. Some team members may not be at all interested in bringing in a union, while others may not have made up their minds or don’t have enough information about what a union would mean for their work at ACM.
For those who are interested, each likely has their own reason. Some of the most common promises a union will make while trying to organize are to increase wages and benefits, improve schedules and increase employees’ say in other terms and condition of employment. The reality is often very different. There is no guarantee of increased wages and benefits. Clinical Trials Specimen Management team employees could end up with the same, better, or even less attractive wages and benefits as compared to what they have today.
Your employment relationship with ACM would change because you would now be represented by a third party with respect to your terms and conditions of employment. Some employees may not like the changes to their relationship with ACM. Your relationship with supervisors would be impacted by the legal requirements of collective bargaining and may be further limited by the terms of a contract. While employees in a unionized environment can present issues, concerns and grievances to their supervisor, the union contract often dictates how such issues and grievances must be addressed and that a union rep must have a chance to be present during that process. The language in union contracts is often very specific, and it would apply to all employees in the bargaining unit.
A union card is a legal document presented as a physical card or online form that, when signed by the requisite percentage of a target group of employees, can result in the federal government (the National Labor Relations Board, or NLRB) scheduling an election.
No. Signing a card means that the employee is authorizing the union to represent them. However, the union would only become the representative of our Clinical Trials Specimen Management team members if it were officially certified as the employee representative after an NLRB-supervised election in which the union receives a majority of secret ballot votes.
If a Clinical Trials Specimen Management team member signed the card and then changed their mind, they are well within their rights to vote “No” in the May 24 election.
Union representation means that the union speaks for the employees on topics relating to wages, benefits and working conditions. Because the union is the exclusive representative of the employees, it is unlawful for the employer to deal with employees directly about matters relating to wages, benefits and working conditions. In a unionized environment, an employee can present issues, concerns and grievances to their supervisor, but the union contract often spells out how such issues and grievances must be addressed and that a union rep normally must have a chance to be present during that process.
Instead of working directly with management, as they do now, our employees would be part of a “bargaining unit.” The working conditions for members of the bargaining unit would be negotiated by representatives of the union and management as part of a collective bargaining agreement, or contract, covering everyone who is represented by the union. All employees in the designated unit are bound by the collective bargaining agreement, regardless of whether they personally wanted to be represented by the union.
No. While there is a process under federal law (decertification) where employees can try to vote a union out, it is very difficult to do. If a union wins the election, at minimum decertification is prohibited for the first year after the union is certified by the NLRB as the employee representative. If a contract is reached then decertification is for the term of any contract that is negotiated, up to three years. In addition, decertification is generally not easy. It requires employees, without any assistance from the employer, to obtain signatures from co-workers and follow the legal process to request an election from the NLRB.
The relationship between team members and supervisors becomes much more complex. If a union were voted in, existing and established practices would continue while the contract is negotiated (which can take a year or more). During that time, if something new or unique relating to a possible change working conditions arose during bargaining, ACM management would not be able to deal directly with individual Clinical Trials Specimen Management team member to address it. The union would have to be involved, and bargaining may be required. This complexity can delay quick decision making and resulting changes.
After a contract is negotiated, the terms of the contract would govern the relationship. Supervisors and management would not be permitted to make any individual agreements with an employee that conflict with the contract, even if both management and the employee agree that it would be better for the employee, without involving the union. It would be a violation of federal law for a supervisor or management to deal directly, regarding terms and conditions of employment, with an employee who is covered by a collective bargaining agreement.
An NLRB petition is a request for the National Labor Relations Board (NLRB) to conduct an election to decide whether a group of employees wishes to be represented by the union for the purposes of collective bargaining.
When a union files a petition for an election at the NLRB, it is required to identify the group of employees it seeks to represent. In this case, the union has requested a vote among all full- and part-time hourly Clinical Trials Specimen Management employees.
All full-time, regular-part time and per diem* hourly employees employed by the Employer at its facility located at 150 Elmgrove Park, Rochester, New York, including: Clinical Trials Specimen Management Technician; Clinical Trials Specimen Management Technician II; Clinical Trials Specimen Management Technician III; Team Leader CT Specimen Management; Clinical Trials Specimen Management Customer Service and Inventory Specialist; Clinical Trials Specimen Management Technician I Courier; Clinical Trials Specimen Management Technician II Courier; Clinical Trials Specimen Management Technician III Courier; Specimen Receipt & Transportation Specialist.
*To be considered an eligible voter, a per diem employee must have worked an average of four (4) or more hours per week in the 13 weeks immediately preceding the eligibility date for the election.
EXCLUDED: CT Quality Control Specialist, guards, professional employees and supervisors as defined in the Act, and all other employees.
The election is a secret ballot election conducted by the NLRB. The NLRB is the government agency that deals with union and employer issues, and they have experience conducting free and fair elections. Your fellow voters, the union and the employer will not know how you voted.
Yes. The election is conducted by the NLRB based upon a list of eligible voters that is provided to the NLRB and the union by the employer. If you are in the group of employees that the NLRB determines are eligible voters, you have the right to vote in the election, and we encourage you to do so. It does not matter if you signed a card or not.
Yes, if you are in a title that is eligible to vote, you can choose to vote no. You have the right to vote your conscience. It does not matter if you signed a card or not. Whether the union is elected to represent Clinical Trials Specimen Management team members is decided by the votes in the election and not the cards, and you have the right to vote however you choose. You also have the right to keep your vote secret. You don’t have to tell anyone how you plan to vote, or how you voted.
The outcome of the election is determined by a majority of those who vote. If only 20 members of the Clinical Trials Specimen Management team vote, a majority of the 20 voters (11) would decide for the entire Clinical Trials Specimen Management team. That is why informed participation in the election is so important.
No. If the union were voted in, all employees in the job titles listed in the voting unit are legally required to be represented by the union, and the union would have the right to make decisions about your working conditions, wages and benefits in negotiations with the employer. Because the union would be the exclusive representative of all eligible voters, the employer would not be allowed to deal directly with any employee, regardless of whether they want to be represented or not, on matters relating to working conditions, wages and benefits, without involving the union.
No. Nothing happens automatically when a union gets voted in. Current wages, benefits and working conditions remain in place unless and until something different is negotiated as part of collective bargaining, which forms the contract that ACM management and the union must follow.
If something new or unique relating to working conditions arose during bargaining, ACM management would not be able to deal directly with Clinical Trials Specimen Management team members to address it. The union would have to be involved, and bargaining may be required.
In collective bargaining, there are no changes unless the employer and the union agree. In short, the union can promise that there will be improvements or other changes, but they have no ability to make those changes on their own or guarantee they will happen.
Collective bargaining is the process through which an employer and a union negotiate terms and conditions of employment for a group of employees. Instead of individual employees and their supervisor having the authority to address those issues, team members would be part of a “bargaining unit.” The working conditions for members of the bargaining unit would be negotiated by representatives of the union and management as part of a collective bargaining agreement, or contract, covering everyone in the bargaining unit. The obligation to engage in collective bargaining does not require either side to agree to any proposal, or even to reach agreement on an overall contract.
A union contract is an agreement between an employer and a union that covers the terms and conditions of employment for a designated group of employees. The collective bargaining process requires only that the parties meet and negotiate in good faith regarding lawful topics of bargaining, and that they finalize any agreements to writing. There is no time limit on negotiating a collective bargaining agreement and no party is required to agree to any specific proposals of the other or make any requested concessions.
No. If a union is brought in, no terms and conditions change automatically. In fact, it is a violation of federal law for an employer to make any unilateral improvements to terms and conditions of employment without first bargaining with the union. While we can’t say with any certainty what a final union contract would look like – because the contract needs to be collectively bargained – Clinical Trials Specimen Management team employees could end up with the same, better, or even less attractive benefits as compared to what they have today.
