• Step 1: Identify and contact a union to be represented by

    LLUH residents are seeking representation by Union of American Physicians and Dentists (UAPD).

    Step 2: Collect union authorization signature cards and file a petition

    Since at least 30% of LLUH residents and fellows (bargaining unit) have signed union authorization cards, the UAPD filed a petition for representation with the National Labor Relations Board (NLRB) on February 13, 2023.

    Step 3: Recognition of union representation

    Either the employer recognizes the union as having exclusive bargaining power for the LLUH House Staff and conducts a card check OR a secret ballot election is scheduled, as determined by the NLRB.

    An election is won by a majority (50% +1) vote. For example, there are 830 LLUH residents and fellows; if every resident and fellow voted, 416 ‘YES’ votes would be required in order for the union to be certified. If only 10 residents and fellows vote, 6 ‘YES’ votes would be required in order for the union to be certified.

    Step 4: Collective bargaining

    Once the labor organization has been certified, the collective bargaining process begins. Collective bargaining requires an employer and the union representative to meet at reasonable times, to confer in good faith with respect to wages, hours, and other terms or conditions of employment, the negotiation of an agreement, or any question arising under an agreement (NLRB).

    • Once a union is voted in, the union becomes the sole representative of the employees to the employer, meaning the individual employee cannot work through grievances directly with the employer. This also means there could be major limitations on flexibility within programs to do what is best for each resident.

    • Full union membership cannot lawfully be required as a condition of employment [NLRB]

    • Union members have the right to resign their union membership at any time [Pattern Makers v. NLRB, 473 U.S. 95 (1985)]

    • As a member, you are required to pay dues, which may include contributions to political and other non-bargaining activities. In California, if your contract includes a union-security agreement, you are required to pay dues even if you are not a union member. Under a union-security agreement, employees who have religious objections to becoming members of a union or to supporting a union financially may be exempt from paying union dues and initiation fees. These employees may, however, be required to make contributions to a nonreligious, non labor tax exempt organization instead of making payments to a union. Unions representing such employees may also charge them the reasonable cost of any grievances processed at the employees’ request. [NLRB]

    • You are subject to union discipline if you work during a strike and are a union member. This could include a fine. [NRTW]

  • The process of electing to decertify the union mirrors the process of unionization, with steps of collecting signatures, preparing documents, and filing with the NLRB prior to an election. Once a union is voted in, there is a duration of 1 year required before a decertification petition could be circulated in support of a decertification election to remove the union. Once a contract has been secured, there is a duration of 3 years required before a decertification election can be called.

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