Union Authorization Cards
What does signing a union authorization card mean?
A union authorization card is a legal document, and by signing it you state that you want the union to represent you for purposes of collective bargaining for wages, benefits, working conditions and other terms of employment. No matter what you are told, a union card is not a request for more information or to be added or removed from the union’s mailing list. We strongly encourage you to not provide a written or electronic signature or give away your personal information without a thorough understanding of what is involved.
What does the union do with signed authorization cards or other employee signatures?
The union can do several things with Associate signatures, whether on an authorization card or other document:
1) If the union gets 30% of the Associates to sign cards, the union could contact the National Labor Relations Board (NLRB) and file a petition for an election to determine if Associates want to be unionized.
2) If the union gets a majority of Associates to sign cards, it could demand recognition from CMA CGM without the opportunity to vote in a secret ballot election.
3) The union may use it to send you mail and to call or visit you at home. Unions might also sell your information to a third party. CMA CGM will never disclose your information to a third party without your knowledge or consent unless required by law.
What should I be mindful of if I’m asked to sign an authorization card?
The decision is yours and yours alone on whether or not to sign a card or petition. Remember, these are legal documents, so be sure you are clear about what you are signing and know your rights. These simple guidelines can help protect you:
1) Ask before you sign: Know what you are signing. An authorization card could be paper or electronic and might not even mention an election, but, rather, simply be presented as a request for information. A union may try to gather employee signatures on documents other than an authorization card too. Read everything carefully and ask how your signature and personal information will be used.
2) Make your own decision: It’s up to you—not us, not the union, and not your co-workers—to decide whether to sign something from the union. And, you should be able to make your decision without any pressure from anyone.
3) Report concerns: Notify your manager about anything that you feel is inappropriate or not in keeping with our security, privacy, or other policies and procedures. There are multiple ways for Associates to report concerns.
4) You can change your mind: If you signed a union authorization card you can take it back.
Does signing an authorization card obligate me to support the union?
No. Signing a union card does not mean that you have to vote in support of the union. If an election is held, voting is by secret ballot. No one will ever know how you vote. You do not have to vote for the union in an election even if you signed a card.
Your Rights
Am I allowed to voice my opinion on unionization?
Yes. You have the legal right to speak for or against union representation. Federal law protects your right to talk to your fellow Associates about your views, meet with fellow Associates to make your collective views known, distribute information in accordance with our solicitation and distribution policy and attend meetings to discuss the pros or cons of union representation and the benefits of having a direct relationship with CMA CGM.
Am I required to speak to union organizers?
No. You are free to speak with or refuse to speak with union representatives or Associates who speak on behalf of or against the union or who visit you or call you at home or at work. There is no law or policy that requires you to speak with union representatives or its supporters, and you are free to respond accordingly.
Can I distribute literature or handouts during working time?
While we respect Associates’ desire to share appropriate information, you must follow CMA CGM policies and procedures with regard to solicitation, distribution, and bulletin boards. You should not distribute materials during work time or in work areas, engage in solicitation during work time, or disrupt Associates who are working. These rules apply to all non-Company communications and materials.
What To Expect With Unionization
Can OCU guarantee the higher wages it is promising?
During a campaign, unions and their supporters have significant leeway to “promise” things like higher wages, more benefits and other changes. However, OCU has no power to guarantee those promises. If a union is elected, the employer is required to negotiate in good faith, and we will comply with our legal obligations. There is no obligation to agree to the other side’s demands. A union can only deliver what CMA CGM agrees to during negotiations. You should consider asking OCU to put down any promises in writing.
Why isn’t CMA CGM coming forward with promises of better wages and benefits to counter what the union is promising?
Under federal labor law, it’s illegal for CMA CGM to make similar promises to Associates during this time. What we can say is look at our recent track record and the improvements we have made based on your feedback. We greatly value you and everything you contribute here and provide a market-competitive total rewards package.
Would all Associates be represented by the union if it’s voted in?
If a union is voted in, all Associates in the voting group would be represented by OCU indefinitely. Even if someone voted against the union or didn’t vote at all, they cannot opt-out of union representation. That is why it’s so important to gather facts and information about what union representation could mean for you.
If OCU is voted in, how long would it take to negotiate a contract?
First contracts can take well over a year to complete, even longer. During negotiations you will be in status quo, which means your wages, benefits, and other changes generally remain the same. OCU cannot guarantee things like back pay, so you may never make up potential lost wage increases during this time.
Is it true that if we vote in OCU, we would automatically get things that are included in one of OCU’s existing contracts?
No. CMA CGM and OCU would negotiate a brand new, separate contract. Any changes to pay, benefits, or working conditions would be subject to negotiation and would require mutual agreement between both parties. Because of this, outcomes like higher pay or changes to benefits cannot be guaranteed.