Statement Regarding Proposed Changes in Union Membership

April 3, 2019 Update: After further discussions with SEIU Local 211’s leadership and legal counsel, all parties have agreed to make no changes to salary, union affiliation, or schedule at this time. 

Smith College has been in negotiations with Local 211, which represents the college’s housekeeping staff, about transitioning to membership in Local 263, which represents the facilities staff.  Both unions are part of the same larger union - the Service Employees International Union (“SEIU”). This proposal is the result of the college’s desire to ensure gender parity in pay as required under the recently enacted Massachusetts Equal Pay Act, M.G.L. c. 149 § 105A. The college recognizes that the transition from Local 211 to Local 263 is a change for the housekeepers. For some, the transition to a full-year position is welcome; for some, it is not. There are a number of positive changes, including a higher hourly pay rate, a more manageable payment method for health insurance, and contractual rights under the Local 263 contract that are not found in the Local 211 contract.

As part of the bargaining process, the college has:

• PROPOSED an exception to the contract that would preserve the seniority of current housekeepers within their positions and keep them from being able to be displaced from their positions by a seniority-based bidding process within Local 263.
• SUPPORTED a provision ensuring that housekeepers will not enter Local 263 at the “starting rate” of pay, as internal transfers normally do.
• COMMUNICATED that housekeepers who are not ready to transition from nine- to 12-month positions can defer doing so until another date established in the negotiation process.
• COMMUNICATED draft job descriptions appropriate for full year job duties.  These will be finalized following discussions with the unions and their attorney.

Ultimately, decisions on these points will be made following discussion at the bargaining table with the union’s elected leaders. We value the dedicated service of our housekeeping staff and hope that all parties will come to agreement soon.

Background

Currently, Smith College housekeepers are members of Local 211. Smith College custodians are members of Local 263. Under the recently enacted Massachusetts Pay Equity Act, Smith College audited its employees to ensure that gender disparity did not exist within comparable jobs.

Q: What were the findings of Smith’s audit?
A: Over time, union contract negotiations resulted in pay differences between members of Local 211 and Local 263. Because the members of Local 211 who hold housekeeper positions are predominantly women while the members of Local 263 are predominantly men, and because of similarities in job descriptions between the two unions, the college concluded that employees in both unions should have similar job titles and grades.

Q: What actions is Smith taking as a result of its findings?
The college is in discussions with union leadership and union legal counsel regarding a proposal to move housekeepers in Local 211 into the custodial Local 263 effective May 19, the end of the semester and the housekeepers' normal work year.

Q: Has Smith discussed this proposal with housekeeping staff?
A: To the extent allowed by law, yes. The college began discussions in February with SEIU Union 211's legal counsel. The college is prohibited from discussing this proposal directly with union members, as The National Labor Relations Board (NLRB) prohibits "direct dealing," wherein an employer bargains directly with union members and bypasses union leadership. 

Q: Why is Smith proposing this change instead of adjusting the pay rate for Local 211? 
A:  Housing similar positions across two different unions, plus the desire to ensure equal pay across both unions, makes it impossible to “bargain in good faith” when contracts end on different dates/years (as Locals 263 and 211’s do). In effect, one union would be bargaining for employees outside of their bargaining unit—forcing employees in one union to accept terms negotiated by another union. Additionally, this change addresses the desire of many Local 211 employees for full year employment. 

Q: How will the proposed change affect housekeepers? 
A: Housekeepers will receive an increase in compensation and gain full-year employment (under the current union contract, members of Local 211 are nine-month employees). The college will consider postponing the move from nine- to 12-month employment for a full calendar year for those members of Local 211 who request it, and will consider beyond that time for incumbents who do not wish to work a full year.

Q: As new members of Local 263, will housekeepers lose their seniority under the existing union structure?
A: The college has proposed an exemption to the union contract that would help preserve seniority rankings of housekeepers for “bumping and bidding” purposes, and protect their positions during the Local 263 bidding process. Additionally, the college supports a provision ensuring that housekeepers would not enter Local 263 at the starting pay rate normally offered to internal transfers. For college benefits, members will retain all their seniority privileges.

Q. Is it true that housekeepers will now be required to do heavy labor such as snow shoveling?
A. No. The college has sent revised job descriptions to the union removing heavy lifting and any new requirements to lift extra weight. Most duties in the revised job descriptions are the same that are currently performed.