UNITED STATES OF AMERICA
`BEFORE THE NATIONAL LABOR RELATIONS BOARD
`REGION 05
`
`THE AMERICAN UNIVERSITY
`Employer
`
`and
`SERVICE EMPLOYEES INTERNATIONAL
`UNION, LOCAL 500 A/W SERVICE EMPLOYEES
`INTERNATIONAL UNION, SOC, CLC
`Petitioner
`
`Case 05-RC-341134
`
`TYPE OF ELECTION: STIPULATED
`
`CERTIFICATION OF REPRESENTATIVE
`COMBINED VOTING GROUP A & B
`
`An election has been conducted under the Board’s Rules and Regulations. The Tally of
`Ballots shows that the professional employees did wish to be included with non-professional
`employees in a unit appropriate for purposes of collective bargaining, and that a collective-
`bargaining representative has been selected by the combined Voting Group. No timely
`objections have been filed.
`
`As authorized by the National Labor Relations Board, it is certified that a majority of the
`valid ballots has been cast for
`
`SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 500 A/W
`SERVICE EMPLOYEES INTERNATIONAL UNION, SOC, CLC
`and that it is the exclusive collective-bargaining representative of the employees in the following
`appropriate Voting Group:
`
`All full-time and regular part-time professional and non-professional employees
`employed below the level of Associate Director in the Student Affairs,
`Information Technology, and University Communications & Marketing Divisions
`by American University in Washington, DC; but excluding all other employees,
`faculty other than staff holding adjunct appointments, students at the University
`paid from budget lines for student wages or Federal Work Study funds or who are
`employees of University as part of their role as students, employees who are
`working in positions funded partly or totally through external sources where the
`University does not control their wages; Senior Manager, Web Strategy; Assistant
`Director, Finance and Administration; Social Media Manager; Manager, Budget
`and Administration; confidential employees, managers, guards, and supervisors as
`defined by the National Labor Relations Act.
`
`However, Community Director for Diversity and Inclusion Programs, Editor/Writer,
`Writer Editor Digital News, and certain individuals identified in the “Others Permitted to Vote”
`
`

`

`section of the approved Stipulated Election Agreement in this matter are neither included in nor
`excluded from the bargaining unit covered by this certification, inasmuch as the parties did not
`agree on the inclusion or exclusion of these classifications or individuals but agreed to vote them
`subject to challenge and resolution of their inclusion or exclusion was unnecessary because, in
`the circumstances of this case, their ballots were not determinative of the election results.
`
`[The Voting Group voted to be included in the attached existing unit which is currently
`represented by SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 500
`A/W SERVICE EMPLOYEES INTERNATIONAL UNION, SOC, CLC]
`
`June 21, 2024
`
` /s/ Sean R. Marshall
`Sean R. Marshall, Regional Director
`National Labor Relations Board, Region 5
`Edward A. Garmatz U.S. Courthouse
`101 W. Lombard Street, Suite 700
`Baltimore, Maryland 21201
`
`Attachments
`1.
`2.
`3.
`
`Existing Unit Description
`Notice of Bargaining Obligation
`Notice of Federal Mediation and Conciliation Services for Initial Contract
`Bargaining
`
`cc:
`
`Federal Mediation and Conciliation Services
`
`

`

`05-RC-341134
`
`ATTACHMENT
`
`05-RC-341134
`
`All full-time and regular part-time professional and non-professional employees employed below
`the level of Associate Director in the Provost’s Division (also referred to as the Academic Affairs
`Division) by American University in Washington, DC, and all full-time and regular part-time non-
`professional employees employed below the level of Associate Director in the Office of Enrollment
`by American University in Washington, DC; but excluding all other employees, faculty other than
`staff holding adjunct appointments, students at the University paid from budget lines for student
`wages or Federal Work Study funds or who are employees of the University as part of their role as
`students, employees who are working in positions funded partly or totally through external sources
`where the University does not control their wages, confidential employees, managers, guards, and
`supervisors as defined by the National Labor Relations Act.
`
`

`

`NOTICE OF BARGAINING OBLIGATION
`
`In the recent representation election, a labor organization received a majority of
`the valid votes cast. Except in unusual circumstances, unless the results of the election
`are subsequently set aside in a post-election proceeding, the employer’s legal obligation
`to refrain from unilaterally changing bargaining unit employees’ terms and conditions of
`employment begins on the date of the election.
`
`The employer is not precluded from changing bargaining unit employees’ terms
`and conditions during the pendency of post-election proceedings, as long as the employer
`(a) gives sufficient notice to the labor organization concerning the proposed change(s);
`(b) negotiates in good faith with the labor organization, upon request; and (c) good faith
`bargaining between the employer and the labor organization leads to agreement or overall
`lawful impasse.
`
`This is so even if the employer, or some other party, files objections to the
`election pursuant to Section 102.69 of the Rules and Regulations of the National Labor
`Relations Board (the Board). If the objections are later overruled and the labor
`organization is certified as the employees’ collective-bargaining representative, the
`employer’s obligation to refrain from making unilateral changes to bargaining unit
`employees’ terms and conditions of employment begins on the date of the election, not
`on the date of the subsequent decision by the Board or court. Specifically, the Board has
`held that, absent exceptional circumstances,1 an employer acts at its peril in making
`changes in wages, hours, or other terms and conditions of employment during the period
`while objections are pending and the final determination about certification of the labor
`organization has not yet been made.
`
`It is important that all parties be aware of the potential liabilities if the employer
`unilaterally alters bargaining unit employees’ terms and conditions of employment during
`the pendency of post-election proceedings. Thus, typically, if an employer makes post-
`election changes in employees’ wages, hours, or other terms and conditions of
`employment without notice to or consultation with the labor organization that is
`ultimately certified as the employees’ collective-bargaining representative, it violates
`Section 8(a)(1) and (5) of the National Labor Relations Act since such changes have the
`effect of undermining the labor organization’s status as the statutory representative of the
`employees. This is so even if the changes were motivated by sound business
`considerations and not for the purpose of undermining the labor organization. As a
`remedy, the employer could be required to: 1) restore the status quo ante; 2) bargain,
`upon request, with the labor organization with respect to these changes; and 3)
`compensate employees, with interest, for monetary losses resulting from the unilateral
`implementation of these changes, until the employer bargains in good faith with the labor
`organization, upon request, or bargains to overall lawful impasse.
`
`_________________________________________
`1 Exceptions may include the presence of a longstanding past practice, discrete event, or exigent
`economic circumstance requiring an immediate response.
`
`

`

`NOTICE OF FEDERAL MEDIATION AND CONCILIATION SERVICES FOR
`INITIAL CONTRACT BARGAINING
`
`As a workplace where employees are now represented by a union, both the
`employer and union have a number of obligations under the law, including the duty to
`bargain in good faith. These duties can have a practical impact on the bargaining process,
`as well as the ongoing labor-management relationship at a worksite.
`
`As you navigate this set of obligations and their resulting impacts, we encourage
`you to take advantage of the following resources from the Federal Mediation and
`Conciliation Service (FMCS) (www.fmcs.gov). FMCS is a non-regulatory, independent
`federal agency, separate from the National Labor Relations Board (NLRB), whose
`mission is to preserve and promote labor-management peace and cooperation. FMCS
`services include:
`
` Skills development training for collective-bargaining negotiation,
`committee effectiveness, and conflict resolution (available at
`https://www.fmcs.gov/services/education-and-outreach/skills-
`development-training/);
` Education on contract administration (available at
`https://www.fmcs.gov/services/building-labor-management-
`relationships/); and
` Mediation, if you need additional assistance and support with your initial
`contract negotiations (available at
`https://www.fmcs.gov/services/resolving-labor-management-
`disputes/collective-bargaining-mediation/).
`
`FMCS is a Congressionally funded agency offering support to both unions and
`employers at workplaces and these FMCS services and resources are provided at no cost.
`FMCS services are customized to the specific needs of employer and union leadership
`groups and FMCS is available to assist with next steps and/or answer questions that come
`up throughout an initial collective-bargaining agreement negotiation process, as well as
`for future stages of a labor-management relationship.
`
`For more information on the full range of FMCS services and how these services
`can be helpful throughout various stages of the collective bargaining process, see OM 22-
`08. To discuss the specific needs of your group, please reach out to FMCS via email at
`initialcontract@fmcs.gov or by phone at (202) 606-8100.
`
`