Response to “Your questions answered – Oct. 30”

What JPL management says

What they leave out

Is there any possibility of JPL reviewing the unionization effort’s stated goals and implementing several prior to the union gaining strength? Has JPL considered this strategy? Why wait, how about making improvements now?

Leadership continues to listen to all employees when they voluntarily provide feedback about how we can improve. However, federal labor law prohibits JPL from implementing many types of changes during a union organizing campaign.

Our goal with this site is to provide fact-based information about unionization so that employees are informed before they decide whether or not to sign a union authorization card or petition.

JPL management has the ability to make unilateral changes to working conditions regardless of an ongoing unionization campaign. For instance, during the unionization campaign, JPL management has chosen to implement a return-to-office policy that forced hundreds of workers to return to office from across the country or be forcibly “voluntarily resigned,” and has laid off hundreds of workers without transparency into the justification for the layoffs. If JPL leadership is unwilling to make certain improvements, it is not because of our unionization effort.

When more workers are engaged, we can do more than just “voluntarily provide feedback” about our working conditions. By forming a union, JPLers are building power to bargain for and enforce changes in our workplace.

My organization has historically had employees move between line management positions and project leadership roles. The answer to a different FAQ seems to say that line managers would be "managers" who would be excluded from the union, while project element managers who do not directly control hiring, etc. might be required to be part of the union. Would a line manager who wants to become a project element manager join the union with zero seniority?

The National Labor Relations Board (NLRB) has established rules about who is and is not eligible to join a union.

A union, if elected to represent some or all non-management JPLers, would attempt to negotiate a labor contract that may include rules about how seniority is determined and how seniority applies to things such as promotions and layoffs. There is no way to know, for certain, what those rules would be until a contract is reached. But, there are some union contracts that start “seniority” at the time an employee joins a bargaining unit for considerations such as promotions and layoffs.

While some union contracts include rules about how seniority is determined or how it applies to promotions and layoffs, we - JPL workers - will get to decide whether our contract includes articles about seniority. For example, the word “seniority” does not appear in the Caltech grad student worker union’s contract.

In the thousands of conversations we have had with colleagues thus far, we have not heard much interest in seniority. Instead, most JPL workers have expressed a desire to have more transparency and say in the annual salary review (ASR) process, which we could collectively bargain over.

“JPL believes that forming a union at the Lab – especially at this critical time – would restrict JPL’s ability to address the urgent challenges we are facing as a Lab.” When would be the right time for forming a union?

JPL leadership believes a union would impede the Lab’s ability to confront its current challenges as well as those presented in the future by a rapidly changing industry. Leadership doesn’t see unionization as a good fit with our mission and culture at any time. At this moment, our focus is on “saving JPL” as a critical part of the space infrastructure of the United States.

Based on what we know about other unions, we believe that when workers participate in decision making, we’re better able to respond to challenges. We do the work that makes JPL the exceptional institution that it is and have extensive knowledge about how the lab operates. By being involved in the decision making process, we can better respond to challenges that come up.

Additionally, UAW members often use their networks and resources to navigate difficult external challenges with management. For example, UAW members have been working with CA state legislators and management at their institutions (such as UC) to pass a $23 billion bond initiative to fund science and insulate against federal cuts. An empowered workforce makes the lab more adept at responding to challenging situations since unionized workers can have opportunities that management might not have, including lobbying with members of Congress.

Would management be more agreeable to forming a union if it were not affiliated with UAW?

Leadership’s concern about potential unionization has less to do with the name of the union and more to do with the potential impacts. We believe a union labor contract, regardless of which union is involved, could make JPL more bureaucratic and rigid, hampering our working partnerships between management and employees and slowing down our ability to solve problems and accomplish project tasks quickly.

Our union is JPLers coming together to exercise power and advocate for ourselves! For more on how a union could make JPL better equipped to handle the current challenges, see our answer to “When would be the right time for forming a union?” above.

How would a union affect Prime Contract negotiations? If a union is elected, would that incentivize NASA to find a replacement for Caltech to manage the Lab? How does NASA feel about unionization at JPL?

We don’t know how unionization at JPL would affect Prime Contract negotiations with NASA. We do know that President Trump’s executive order ended union collective bargaining rights for civil servant employees at NASA. We also know that NASA issued a Request for Information from potential sources, beyond Caltech, who may be interested in managing JPL. The uncertainty we are facing is one of the many reasons why we don’t believe a union is right for JPL.

Threats from the Trump administration have motivated us to form a union now rather than later.

The Trump administration has attacked publicly-funded science institutions regardless of whether they have unions. By forming a union, we wouldn’t have to face those challenges on our own. We join a movement of 125,000 UAW researchers, scientists, engineers and academics who are actively working together to protect publicly funded research. Unionized scientists at UCLA and Harvard have participated in lawsuits that have restored funding from the NIH and other agencies. It’s impossible to predict every action the Trump administration will take over the next three and a half years, but by forming a union we will have much more protection than if we’re on our own.

What is the real cost, in terms of a percentage or an actual dollar amount, of union fees per month or per paycheck or per year or per salary and are these applied before taxes or after taxes as they are applied?

UAW’s dues, according to its organizers, are 1.44% of gross monthly pay. Depending on negotiations, dues may be deducted automatically from pay – similar to tax withholding – if the union is able to negotiate such a system in a labor contract. Many contracts include automatic dues deduction. Dues are not tax deductible, and they are charged on pre-tax pay.

True - we cite this on our website (see FAQ "Will I Have to Pay Dues"). These dues allow JPLers to have independent resources for contract bargaining, grievance processes, and other union operations costs, including the right to vote on securing an initial raise and guaranteed cost-of-living increases every year.

What is the cost of fines for not participating in strikes or other activities that the union imposes on members?

UAW’s Constitution calls for members to face a union trial if they are charged with violating the rules in the Constitution, including “conduct unbecoming of a union member”. A union Trial Committee would determine a verdict and penalty. If a member is found guilty, the local union membership will vote to uphold or deny the Trial Committee’s verdict and penalty. UAW’s Constitution does not list an exact cost of fines. The penalty appears to be entirely up to the Trial Committee and the broader local union membership.

The UAW Constitution does not call for a fine for not participating in a strike or other activities. It does have clear accountability measures for serious offenses, like discrimination or fraud, which is a good thing!

What is the required cost (dollar or salary percentage) of mandatory contributions to campaigns not related to JPL or related JPL employment and or for JPL activities that the union deems necessary?

A union is allowed to spend the dues money it collects from members any way it sees fit, including on organizing campaigns at other employers. Employees may decide against officially joining the union, but they may still have to pay an “agency fee” in lieu of dues if a contract is reached and if it requires dues or fees as a condition of employment. An agency fee is typically 80% or more of regular dues and goes to cover the cost of negotiating a labor contract with the employer. It is less than regular dues because it doesn’t include the cost of other union activities. Everyone in the collective bargaining unit, even if they don’t officially join the union, would be required to follow the rules in the labor contract, and their pay, benefits and terms and conditions of employment would be what the union negotiates with JPL, if an agreement is reached.

It is not true that the union can spend members’ dues however it wants. We - JPL workers - will get to decide how to spend our local dues. Additionally, UAW members (which would include us) participate in a Constitutional Convention every 4 years to discuss and vote on how to spend member dues, and members democratically elect representatives who are entrusted with running our union.

Approximately 31% of the dues paid at a local chapter typically go to the international organization to help other workers form unions and pursue national issues affecting members, like challenging federal research funding cuts. An additional 29% of the dues go into a strike & defense fund that supports workers if their wages are withheld during a strike. A substantial part of the strike fund is refunded to the local union in case no strike occurs. 3% of the dues go to community action, giving more than 125,000 UAW academic workers a strong local and national voice on social justice issues such as international workers’ rights, racial and gender equity, and more. The remaining 37% of the dues goes to our local union (JWU) to make sure our contractual and other rights are enforced. [1]

Most contracts include a non-union-member “fair share” fee, so that the cost of representation is shared equally and we have more resources available to enforce our rights and campaign for future contracts.

[1] https://www.uaw4121.org/member-center-2/your-dues-in-action/

What is the rate of increase in these union costs and fees per month, or per quarter, per year, or some sort of schedule?

A union, generally, is allowed to increase the cost of dues at any time. A union’s rate of dues is not something the union is required to negotiate with an employer.

This is misleading. Dues are not subject to change at any time without notice or input. Elected representatives from local unions - including JWU - must vote to change dues via a national union constitutional convention once every four years. Members have only voted to change the dues percentage once since 1968, when in 2014 UAW delegates voted to increase dues from 1.15% to 1.44% of gross monthly wages [2]. Any changes to dues above the base-rate can only be done by local membership actions, if membership deems increases are necessary through democratic processes.[3].

[2] “UAW Local 600 FAQs, what are current UAW dues”

[3] “Will I have to pay union dues?” https://jplworkersunited.org/faq/

What rights are given up as a non-union employee when joining a union?

A union, if elected or joined, becomes the sole and exclusive representative of an employee when it comes to their pay, benefits and terms and conditions of employment. Therefore there are no “non-union” employees in terms of being represented by the union.

If a labor contract exists, or is reached, union members must follow the rules in the agreement, and in the union’s Constitution and By-laws. Employees represented by a union – whether or not the employee supported organizing – do not have the right to opt out of the labor contract’s rules.

This means a union-represented employee is no longer allowed to deal directly with management about these questions. An employee may still raise concerns with management, or even ask for individual considerations, but management is not allowed to unilaterally implement any changes without first negotiating with the union.

A union also has its own set of rules, like those in UAW’s Constitution, that regulate the behavior of union members. UAW, for example, requires members to participate in all local, state and federal government elections and become educated and active in union policy discussions, among many other rules.

You will not be giving up your rights if you sign a card or join your union. “Exclusive representative” means that we - JPL workers - will vote on bargaining priorities and democratically elect representatives to negotiate all changes to pay, benefits, and terms & conditions of employment. JPL workers will get to vote on that contract to ensure the contract meets members’ needs.

Union representation does not prohibit employees from discussing or asking questions with management, but it is correct that management will no longer be able to make changes without our consent. Through collective bargaining, JPL workers will be able to negotiate over changes to pay,benefits, and other working conditions.

The final statement is highly misleading. Specifically, this refers to Article 41: Duties of Local Union Members [4]. This article encourages members to be stewards in the world through civic participation, education, and community support. Many UAW members (and individuals working at JPL) choose to advocate for public policies, like increased science funding and electing representatives who support funding their work, and be actively engaged with their union. We have more power to protect our research and missions by joining together. The UAW constitution does not “require” members to perform duties, such as civic duty like voting in a federal election or becoming active in union policy discussions.

[4] UAW Constitution: https://uaw.org/wp-content/uploads/2024/06/Updated-2022-Constitution-6-7-24-1.pdf

Who are we prohibited from talking to once a union is in place, like a Group Supervisor or other management representative?

Employees in a union may still talk to supervisors/managers, including Group Supervisors. However, managers will not be allowed to change employee pay, benefits, terms and conditions of employment, or any other topic provided in a labor contract. without first negotiating with the union.

This is correct: as a union member, employees are not prohibited from talking to anyone. JPL workers and management will bargain over and agree to terms and conditions for our work, such as pay scales, raises (such as automatic step increases, cost-of-living adjustments, or general wage increases), and compensation policies. We would democratically decide on our priorities and, by joining together, we would have more power to protect our working conditions or make changes to them. JPLers would get to negotiate over the terms of workplace promotions or raises, which could make it easier for managers and individuals to regularly make desired equitable changes.

Are we required to have a lawyer present when talking to a union representative and/or with JPL management?

No, this is not required.

This is correct.

Will we be terminated if we don't want to join a union and/or pay fees and/or fines?

No, you will not be terminated for your support – or lack of support – for a union.

An employee cannot be required to officially join a union as a member. However, a labor contract may include certain requirements that apply to employees who do not join the union, including paying an “agency fee” in lieu of dues. In some union contracts payment of dues or agency fees is a condition of employment. In the contract between Caltech and the UAW, the union may charge represented employees a fee of $250 once per academic quarter if they do not pay dues or an agency fee to the union. This money is donated to Caltech Y, a separate, not-for-profit institution. (See Caltech-UAW contract, Article 37(G).)

An agency fee is typically 80% or more of regular union dues and goes to cover the cost of negotiating a labor contract with the employer, such as handling grievances, and other union business. It is less than regular dues because it doesn’t include the cost of other union activities, such as political contributions.

Because California is not a “right-to-work” state, unions may attempt to negotiate mandatory dues into contracts, providing represented employees with limited options. In some cases non-payment of dues or fees can lead to adverse employment action, including termination.

Also keep in mind that employees who do not officially join the union and pay full dues may not have a say in union business, such as voting about whether or not to ratify a contract or whether or not to authorize a strike.

It is true under federal law that your support for or against unionization shall not affect your employment status.

Yes, most contracts include a fee for non-union-members. Because everyone in the bargaining unit receives the benefit of the contract, a “fair share” fee aims to distribute the costs so that bargaining resources are proportional to the number of employees represented in the contract. JPL workers will ultimately decide if we want to seek a similar provision as part of our bargaining agenda.

Yes, one must be a dues-paying member in order to participate in our union with their vote. This is why we are interested in gaining broad and representative support across all of lab - we would like all JPLers to weigh in and contribute to improving our working conditions!

Is the union guaranteeing a salary increase equal to dues/fees?

Union supporters are allowed to make promises but cannot guarantee specific results. No one knows what will be in a labor contract until it is completed. The contract may include wages that are higher, even with dues and fees, or it may include wage increases that do not cover the cost of dues and fees.

It is true that there is no way to guarantee what our contract will include. Our ability to win a strong contract depends on how many JPL workers participate. The collective bargaining process will allow JPLers to identify issues that are important to us and vote to include them in a contract, one of which could be higher wages that offset the cost of union dues.

Will I be bullied and harassed for not joining the union, or will I be forced to join a union I don't want as a condition of my employment?

A union may attempt to pressure employees to become a union member in the same way union organizers may have pressured employees to sign union authorization cards or vote for union representation, if an election is scheduled. However, if any employee feels they are being harassed they should report it to Human Resources.

Union organizers all consist of JPLers who care deeply about our coworkers, our working conditions, and the future of JPL. Our intent is to have conversations with all JPLers so that every worker is informed about collective bargaining, given the opportunity to sign a union authorization card, and ultimately represented equally at the bargaining table. After we vote to ratify a contract, you will have the opportunity to sign up as a dues-paying member. Please let us know if you have been bullied or harassed at info@jplworkersunited.org.

Are the questions that are being answered on the FAQ page verbatim quotes of questions that are being asked here? How do we know that everyone's questions are being answered equally and fairly? How do I know management isn't submitting fake questions to intentionally plant doubts into the minds of employees viewing this website?

JPL leadership is committed to answering as many questions as possible as quickly as possible. The questions answered here are verbatim except in instances where grammar or context changes are necessary to make the question clearer. We also have broken up some multi-part questions into individual questions for a clearer response.

We have chosen not to respond to questions submitted that were disrespectful and/or contained offensive language.

Like many issues on lab, we have no way of knowing whether this is a true statement. For some added context, management has routinely failed to answer questions asked at Town Halls after many follow-up requests from JPLers.

If you have any questions about JWU, our working conditions, and our efforts to form a union, feel free to reach us at info@jplworkersunited.org.

If Lab leadership decided they wanted to make policy changes that addressed some of the issues outlined by the unionization effort, would that actually be possible now, or is it now difficult due to the potential of it being construed as union dissuasion?

Federal labor law prohibits JPL from implementing many types of changes during a union organizing campaign. Legally, it is not possible to make many types of changes at this time.

This is not true. JPL management has the ability to make unilateral changes to working conditions regardless of an ongoing unionization campaign. For instance, during the unionization campaign, JPL management has chosen to implement an RTO policy that forced hundreds of workers to return to office from across the country or be forcibly “voluntarily resigned,” and has laid off hundreds of workers without transparency into the justification for the layoffs.

Federal law does prohibit JPL management from interfering with, restraining, or coercing employees during a unionization campaign. This includes threatening employees with retaliation, interrogating them about their support for a union, promising benefits if they reject a union, spying on union activities, discriminating against employees favorable to the union, and restraining or coercing employees to prevent them from organizing.

UAW already represents University of California graduate students, and perhaps others in academic or quasi-academic situations. It might be worthwhile for JPLers to look at recent history to see whether we think UAW has been beneficial in those situations.

JPL leadership agrees that looking at union contracts is a worthwhile endeavor. We have posted contracts from other FFRDCs, for example, to give employees a sense of what is, and is not, represented in collective bargaining agreements at similarly situated facilities. We have also posted the UAW contract covering graduate students at Caltech.

There is no way to know exactly what will be in a union contract until an agreement is reached — if one is reached. A union contract for graduate students is likely to be very different than a contract covering JPL because the work we do is different — and often more complex — than work in an academic setting.

We agree that looking at union contracts from similar organizations is a very worthwhile endeavor. What you will see is that unionized employees will have higher pay, better benefits, and better working conditions compared to nonunion employees and that no benefits signed within a bargaining agreement can be taken away by unilateral action by management - unlike what we have seen at our workplace.

For example, the National Institute of Health has the right to request ongoing telework arrangements and can challenge unreasonable denials. Caltech Graduate Student Workers and Postdocs won a wage increase of 25.3% and 12.8% respectively.

Examples of such contracts may be found on our website here: https://jplworkersunited.org/uaw-contract-wins/

How is it confirmed that signed authorization cards were actually signed by the individual whose name appears on the card? Is there some organization that verifies that the signatures are the real/actual signatures of people to prevent pro-union employees, or the union organization itself from using false authorization cards to support this effort?

The National Labor Relations Board (NLRB), a federal agency, is tasked with determining if a union has enough support from employees for an election.

The minimum amount of support is 30% of a proposed bargaining unit. If a petition is filed, JPL would have the opportunity to submit a list of employees in the petitioned for bargaining unit. The NLRB will compare the names on the list JPL submits to the signatures submitted by the union when it files the petition. The NLRB does not verify the accuracy of the signatures.

This is true.

JPL Workers United is an organization entirely composed of JPLers seeking to improve working conditions at JPL from the perspective of JPLers. We hope to build supermajority support to have a voice in our workplace and bring more stability to our lives through collective bargaining. It would go against our interests to use false authorization cards since the power of our movement comes from the willingness of our members to stand up in solidarity with each other, not the number of cards signed alone.

One of the issues the union could address is the medical accommodations process. What is JPL going to do to fix the broken and, likely in many cases, illegal practices in the JPL medical accommodations process, and why has it not been addressed for years up until this point at the cost of employee health and morale?

JPL follows all state and federal laws governing medical accommodations. We prefer to work directly with employees on any necessary process improvements.

A union labor contract may include language outlining the medical accommodations process, if both parties agree, but it would not change the laws we must follow.

It is true that laws, including the Americans with Disabilities Act (ADA), dictate what is required by employers to protect people with disabilities from discrimination. Through collective bargaining, we could make necessary improvements to JPL’s medical accommodations process that go above and beyond state law.

We have heard many JPL workers express concern that through the implementation of the return to office mandate, JPL HR redefined job requirements to include working in person and used this as a justification to deny medical accommodation requests, regardless of an employee's job duties or past performance.

Currently, the only remedy available to employees is the ability to appeal once through Caltech.

At UW, union researchers have the right to a worker centered,

interactive process to determine accommodations for access

needs. Immediate, interim accommodations are guaranteed

without requiring medical documentation. Additionally, they have access to an appeal process and neutral arbitration if the affected worker disagrees with or there is a dispute over the resolution.[5]

[5] Article 29, https://www.uaw4121.org/wp-content/uploads/2023/07/RSE-23-26-Contract-Final.pdf

Salary raises are an important part (although by far not the only part) of what a union can collectively bargain for on behalf of its members. Can JPL provide pay increases across Lab? Providing this would be a great way to showcase JPL's ability to provide for its employees’ needs without a union.

This is a great question, and we want to validate how important pay increases are to JPLers.

Currently, JPL’s ability to provide salary increases is tied predominantly to its federal funding source and rules our sponsor has about salary ranges and limits (Federal Acquisition Regulation rules). In order to meet these requirements, while remaining competitive with other FFRDCs, aerospace businesses and technology companies, JPL utilizes salary surveys that are conducted and recognized by third parties. JPL uses this information to establish pay ranges. Employees are then paid according to the market range for their job classification in consideration of performance and contribution.

If a union wins an election to exclusively represent you, it likely will attempt to negotiate a labor contract that would cover JPLers’ wages, benefits and terms and conditions of employment. There is no way to guarantee a contract would include salary increases.

Additionally, as a concept, employee merit may or may not be a factor in determining compensation under a union contract. This would have to be negotiated and agreed between JPL/Caltech and a union, if one were elected to represent you.

Management did not directly respond to the question, but their answer implies they will not provide a pay increase across JPL on their own.

For years, JPLers have been organizing for transparency about how salary pay ranges are determined, who JPL contracts with for this information, and which organizations are surveyed to be on par with JPL as a leading spacecraft institution. We still do not have this information.

Through the collective bargaining process, JPLers would vote on what we would like to have negotiated within our union contract and, once negotiated, the contract itself. Through a union, JPLers will have the ability to collectively negotiate for wages higher than what is currently available to us through the annual performance review, the parameters for how wage increases and promotions are distributed (including merit), and transparency and decision making authority into how pay ranges are set.

Academic researchers at UC, for example, have won a merit-review system with clear timelines for promotions, as well as yearly across-the-board raises of 3.5-4.5%.