As currently non-unionized Postdocs and Deans’ Faculty Fellows at Brown consider whether or not unionization is in their best interest, it is important to note that the National Labor Relations Board (NLRB) has strict guidelines that university and labor union officials must adhere to during organizing campaigns. In particular, individuals considered supervisors are required to follow these guidelines. These include members of the faculty, deans, department chairs and directors of centers, institutes and schools. 

Brown has agreed to forego a union election for the proposed postdocs bargaining unit. Instead, a representative of the Federal Mediation and Conciliation Service (FMCS) will review signed union authorization cards to determine whether or not a majority of postdocs support the union. If the union has a majority, then Brown will recognize the union as the bargaining representative of the postdocs.

What follows is guidance for University faculty, deans and other academic leaders to ensure that Brown both complies with the law and promotes a climate that upholds our principles of academic freedom and freedom of expression.

GUIDANCE

Permitted Activities

Maintain Existing Relationship: Faculty should continue to maintain their existing relationships with postdocs who carry out work in laboratories and academic departments.

Personal Opinions: Faculty are free to have and express their personal opinions about unionization. However, it must be made clear that these opinions and points of view are personal, and not necessarily shared on behalf of a department, center, school, institute or the University.

Share the Facts: Postdocs and Deans’ Faculty Fellows may request information as they consider their positions on unionization, such as information about pay rates, benefits and policies. If you know the information requested, please share it. If you do not, direct them to University Postdoctoral Affairs. (If postdocs ask for speculation about potential details of a collective bargaining agreement, please note that specifics would emerge through negotiations, which would occur after the union has demonstrated that a majority of postdocs support the union.)

Promote Participation: It is acceptable to encourage postdocs to learn about the issues and to express their position. The decision of whether a union will represent the petitioned-for employees will be decided by the majority of the proposed postdoc bargaining unit.

Prohibited Activities

Coercion: While faculty are free to have personal opinions and positions, these should not be executed in a coercive manner.

Interrogation: Do not ask postdocs their position on unionization, if they have signed an authorization card to support the union, if they know of others who have a particular stance or for the names of individuals associated with the union/union leadership. Do not ask for information about the organizational structure of a union or what transpired at union meetings. It is acceptable to listen if a postdoc volunteers this information, without probing for additional details.

Threats and Intimidation: Threats and intimidation have no place at Brown and are strictly prohibited in all contexts, including unionization. Threats to a postdoc’s status or conditions as a means to influence a postdoc’s position, opinion or actions related to unionization (or any other issue) are not permitted. Implied threats are also prohibited, such as speculating on the outcome or implications of collective bargaining.

Punishment and Rewards: Do not threaten adverse consequences based on the outcome of a union authorization card check or a postdoc’s individual position or opinion. Likewise, do not reward or promise benefits to postdocs based on the outcome of a card check or an individual postdoc’s position.

Surveillance: Postdocs must be free to meet, organize and discuss issues related to unionization with the expectation of privacy. It is not permissible to eavesdrop or conduct any type of surveillance.

Deterring Organizing Activities: During their free time, postdocs are free to engage in non-disruptive organizing activities, such as soliciting students or other postdocs to support or oppose a union. Organizers who are not students are permitted the same access to University premises as other guests and visitors. Organizers may not interfere with or disrupt University business.

Please visit the following websites for additional information:

Employer/Union Rights and Obligations: nlrb.gov/rights-we-protect/employer-union-rights-and-obligations

For additional information on postdoctoral unionization at Brown, please see the  Brown Postdoc Labor Organization Press Release