By Ari Jewell
With few exceptions, every three years PSU members bargain with management to negotiate for a fair contract. The bargaining process is, in many ways, the culmination of what it means to be a union. Bargaining is the forum through which we articulate what we deserve, and our contract is the bedrock of our rights as workers and union members.
If you’ve been around for a while, this year’s bargaining probably looks different to you. Historically, bargaining is a process limited to a small elected bargaining team, who go behind closed doors to negotiate with management. But thanks to a 2021 decision by the Massachusetts Department of Labor Relations, unions have been bringing larger, more diverse bargaining teams to the table. With the clarification provided by the decision, unions now bring “Silent Bargaining Representatives” (SBRs) into the process, and PSU has had more than 200 SBRs participate in the process so far this year.
What are Silent Bargaining Representatives?
SBRs are members of the union’s bargaining team who do not speak directly to management, but provide substantive feedback to the elected bargaining team. Each bargaining session includes time spent in “caucus,” when PSU and management separate to discuss internally with their respective teams. During these conversations, SBRs are an active part of the process. They advise on strategy and inform the union’s decision-making. Beyond the negotiation table, SBRs also are an important mouthpiece to communicate about bargaining to broader union membership.
Why are we bringing SBRs to the table?
SBRs are a tremendous tool to build our power and make bargaining more democratic. Crucially, SBRs contribute to the real-time decision making process during bargaining, infusing more diversity and transparency into the process. What’s more, inviting rank-and-file members into the bargaining room serves as a teaching tool for the entire union. Many of us SBRs have been totally astonished to learn what bargaining is really like.
Rather than being dissuaded by the frustrating obstruction of the process by the representatives of management, myself and many other PSU Silent Bargaining Representatives were fired up by witnessing the process. The stalling tactics only galvanized our resolve to keep participating and fight for what we deserve. – Pamela Stawasz
Furthermore, having SBRs attend totally shifts the dynamics of bargaining. A zoom meeting attended by over 100 energized staff members demonstrates to management that there is strong support for the union’s proposals. And the reaction we’ve seen from management over the past few months has definitely confirmed that the presence of SBRs is powerful.
Members who have served as an SBR have witnessed management’s negotiators, Brian Harrington and Mickey Gallagher, spin their wheels in an attempt to keep Silent Bargainers out of the room. In the first bargaining session, they raised numerous questions and hypotheticals about Zoom functions, as if we haven’t been using this software for four years. Next, they invented a (now-withdrawn) requirement that SBRs could only attend if they were prepared to use PTO—totally ignoring the flexible work rights in our contract (and insulting our ability to manage our work time while they’re at it!).
Watching management react to having members present for negotiations as silent bargainers was extremely telling. They outright refused to allow any testimony or presentations for the entire four hours of bargaining [in August]. Their arguments for why silent bargainers should not be present were so poorly formed that it just made their tactics of stalling and filibustering incredibly obvious. Ironically, their hope to bore people out of the room had the opposite effect, and now everyone I know that was present has even more commitment to show up. – Sierra Vaughan-Oakley
Even though we have the legal right to bring SBRs, some members have wondered why we even bother bringing SBRs to the table given management’s response. I’ll admit, I’ve been one of those SBRs—it’s hard not to look at the list of what we’re bargaining for and not want those changes as soon as possible! But the decision to hold our ground when it comes to SBRs is a strategic decision, not a stubborn one.
We are bringing bold, ambitious proposals to the table this round of bargaining—including a transformative new wage scale. We all know these proposals will not win themselves. They will require a public campaign to win. The building blocks of this campaign are our own members. In order to win these proposals, we need the PSU membership to not only be informed, but to be part of leading this effort. To achieve this, rank-and-file members need to be in the room and part of our decision-making.
UMass’ negotiators recognize this power. This is precisely why they are using every tool in their toolbox to keep us out of the room. They recognize that once that door is opened, there is no shutting it. On the face of it, these first few sessions have been frustrating and seemingly unproductive. But beneath this, they have been incredibly powerful. We have demonstrated our ability to mobilize hundreds of union members. We have launched the sort of inclusive campaign that is capable of actually winning these proposals. The fight for a transparent and democratic bargaining process is a necessary first step in our bigger bargaining fight–and we’re going to win.
What’s next in bargaining?
As many readers know, after three frustrating bargaining sessions this summer, management refused to schedule additional bargaining dates. We responded by organizing. More than 400 members emailed UMass leadership urging them to bargain in good faith; we filed an Unfair Labor Practice charge with the Massachusetts Department of Labor; we held a stand-out at Homecoming Fest demanding that management get back to the table; and PSU members have made the same demand of Chancellor Reyes during a number of his recent listening sessions.
On the same day that we filed our charge and announced our stand-out, management finally broke their silence. They reached out to our bargaining team, apparently ready to negotiate and get back to the table. The bargaining team is now hopeful that we will be back at the negotiating table soon—with SBRs in the room.
Hundreds of us have fought hard to protect our right to bring SBRs to bargaining. With this right enshrined, we need you to show up and use it. Keep your eyes out for our next bargaining date, and join me as a proud SBR.