Union Frequently Asked Questions

Who is included in the “bargaining unit"?

A bargaining unit is the group of employees who will be represented by the SEIU in the negotiation for terms and conditions of employment. As determined by PERC, the bargaining unit at Valencia includes:

• Part-time faculty teaching classes for academic credit,
• Part-time instructors teaching classes for continuing education credit

The bargaining unit does not include any other employees (including part-time staff and full-time employees of any kind) at the College, including those part-time faculty and part-time instructors who have dual roles (for example, those employees that teach and tutor part-time or work full-time in a different capacity but also teach part-time).

Who determined if I am in the bargaining unit?

The Public Employees Relations Commission determined who is included in the bargaining unit.

Why am I in the bargaining unit if I was not eligible to vote in the election?

The election to establish SEIU as the exclusive bargaining agent for the bargaining unit involved only those employees deemed eligible to vote by PERC and included only those employees in the bargaining unit who were employed by Valencia on March 30, 2021, The unit represents all employees in the bargaining unit whether they were eligible to vote or not. This includes part time faculty and instructors hired prior to or after the vote.

What changes in my day to day work now that there is a union?

During negotiations, daily work for part time faculty and instructors does not change. The terms and conditions of your employment remain the ones reflected in the documents provided by the college and reflected in college policies. In fact, during negotiation all wages, benefits, hours, and other working conditions are frozen until a collective bargaining agreement can be reached. The negotiation process, especially for first contracts, can take many months and in some cases, years.

If I could not, did not, or voted no in the election, am I still subject to the collective bargaining agreement?

Yes. Regardless of if you were eligible to vote, how you personally voted, or whether or not you chose to have union dues deducted from your salary, all part-time faculty and part-time instructors who are part of the defined bargaining unit will be subject to the terms and conditions of the collective bargaining agreement reached between the union and the college.

If we do not want a union, can members of the bargaining unit remove SEIU as its certified bargaining agent?

Unions do not stand for reelection each year. Most unions remain the representative of the employees in the unit forever; however, the law does provide a mechanism for holding another election. A petition for decertification of a union may be filed by bargaining unit employees at any time after expiration of the collective bargaining agreement (assuming no successor agreement has been arrived at) or between 90 and 150 days prior to the expiration of the agreement. To learn more about the decertification process, please visit FSS 447.308 Revocation of certification of employee organization.

How much are SEIU dues and do I have to pay them if I am part of the bargaining unit?

SEIU will likely provide you with more information about dues/costs of membership and what SEIU representation may be afforded to dues paying union members. Please note, however, that under Florida law you are not required to pay union dues. If your position is within the defined eligible unit, you are still part of the bargaining unit and will be subject to the terms and conditions of the collective bargaining agreement, once reached, whether you pay dues or not. There may, however, be differences in representation activities provided by SEIU for dues paying and non-dues paying members.

So, what happens next?

PERC’s July 2, 2021 issuance of the certification order marked the beginning of the Valencia/union relationship under chapter 447 of the Florida Statutes. Valencia will now meet and bargain collectively with the union regarding subjects of bargaining, which usually includes terms and conditions of employment such as salary and benefits.

Collective Bargaining

Collective bargaining begins upon a demand for bargaining from the union. Both sides will create bargaining “teams” which meet in a public “sunshine” meeting and attempt to reach an agreement on terms and conditions of employment, called a “collective bargaining agreement” or “CBA.”

Collective bargaining is the process by which an employer and a union negotiate wages, benefits, hours and other employment terms and conditions for the entire group represented by the union.

A relatively small group of union staff, union lawyers, and representative members of the bargaining unit (part-time faculty and part-time instructors) would be selected to represent the whole. Together, the group and a similar team representing the College

will set out to discuss, propose, debate, and attempt to reach a collective bargaining agreement that binds both SEIU and the College to the agreed upon terms.

The negotiation process, especially for first contracts, can take many months and in some cases, years. During this time, all wages, benefits, hours, and other working conditions are frozen until an agreement can be reached.

Under chapter 447, the CBA may include as many or as few topics as the parties’ desire. The only article that must be included is a grievance procedure which will resolve any disputes under the CBA, and which ends in binding arbitration.

Management Rights

During collective bargaining and throughout its relationship with the union, the College will retain what are known as “management rights” under chapter 447. This power over “management rights” is articulated in section 447.209, F.S., and generally provides the College with the ability to set standards of service and maintain control over the day-to-day operations, among other rights.

If the college is acting pursuant to a management right, it does not have to collectively bargain over the decision. However, the College may be obligated to meet with the union and discuss the “impact” the change may have