51���app

PDF of signed Neutrality Agreement with appendices

The parties AGREE AS FOLLOWS:

1. Procedural Matters. The parties waive their right to a hearing and agree that any notice of hearing previously issued in this matter is withdrawn, that the petition is amended to conform to this Agreement, and that the record of this case shall include this Agreement and be governed by the Board's Rules and Regulations.
2. Commerce. The Employer is engaged in commerce within the meaning of Section 2(6) and (7) of the National Labor Relations Act and a question affecting commerce has arisen concerning the representation of employees within the meaning of Section 9(c). The Employer, 51���app College, is a private non-profit college of higher education with a campus located at 1115 8th Ave, 51���app, Iowa. In the course and conduct of its business operations, the Employer receives gross annual revenues in excess of one million dollars of which at least $50,000 is received directly from points located outside the state of Iowa. The Employer is engaged in commerce within the meaning of the Act. 
3. Labor Organization. The Petitioner is an organization in which employees participate, and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work and is a labor organization within the meaning of Section 2(5) of the Act. 
4. Election Details. A secret ballot election under the Board's Rules and Regulations shall be held under the supervision of the Regional Director on April 12, 2022 from 9:00 am–5:00 pm on the campus of 51���app College in Room 101 of the Joe Rosenfield Campus Center. In the event an in-person election cannot be conducted due to the Covid-19 pandemic, ballots shall be mailed to eligible voters on March 30, 2020 and must be returned no later than April 20, 2020 at 5:00 pm. Voters will be allowed to vote without interference, restraint, or coercion. If the election is postponed or canceled, the Regional Director, in his or her discretion, may reschedule the date, time, and place of the election. 
5. Armour-Globe Election. If a majority of valid ballots are cast for UGSDW, they will be taken to have indicated the employees’ desire to be included in the existing unit currently represented by the Union. If a majority of valid ballots are not cast for representation, they will be taken to have indicated the employees’ desire to remain unrepresented.
6. Unit and Eligible Voters. The following unit is appropriate for the purposes of collective bargaining within the meaning of Section 9(b) of the Act: student workers, defined as all degree-seeking individuals who are simultaneously (1) enrolled as undergraduate students, full-time or part-time, at 51���app College and (2) employed by 51���app College as non-exempt, hourly employees. Excluded from the unit are: (1) students whose sole “employment” relationship with 51���app College is an internship, research fellowship, Mentored Advanced Project, or an equivalent relationship, such as externally grant-funded positions, (2) students who were formerly, but are not longer, enrolled as undergraduate students at 51���app College, or (3) students who were formerly, but are no longer, non-exempt hourly employees of 51���app College. Those eligible to vote in the election are: all individuals who 1) qualify as student workers as defined in this Agreement on the date which the Union files an election petition, 2) have worked for the College two or more hours in any calendar week during the period beginning on January 22, 2022 and ending on the date the Union files an election petition, and 3) who qualify as student workers through their employment with the College in a position other than or in addition to a position in Dining Services. Student workers engaged in any economic strike, who have retained their status as strikers and who have not been permanently replaced are also eligible to vote. In addition, student workers engaged in an economic strike which commenced less than 12 months before the election date, who have retained their status as strikers but who have been permanently replaced, as well as their replacements are eligible to vote. Student workers who are otherwise eligible but who are in the military services of the United States may vote if they appear in person at the polls. Ineligible to vote are (1) student workers who have quit or been discharged for cause after the designated payroll period for eligibility, (2) student workers engaged in a strike who have been discharged for cause since the commencement thereof and who have not been rehired or reinstated before the election date, and (3) student workers engaged in an economic strike which began more than 12 months before the election date who have been permanently replaced.
7. Voter List. Within seven (7) days after the Regional Director has approved this Agreement, the College shall provide to the Regional Director an election eligibility list containing the full names and addresses as provided in the College’s Student Directory of all eligible voters. Excelsior Underwear, Inc., 156 NLRB 1236 (1966); North Macon Health Care Facility, 315 NLRB 359 (1994).
8. The Ballot. The Regional Director, in his or her discretion, will decide the language(s) to be used on the election ballot. All parties should notify the Region as soon as possible of any voters or potential voters who only read a language other than English. The question on the ballot will be “Do you wish to be represented for purposes of collective bargaining by the Union of 51���app Student Dining Workers?” The choices on the ballot will be "Yes" or "No". 
9. Notice of Election. The Notice of Election shall be written in English. The Employer will post copies of the Notice of Election in conspicuous places and usual posting places easily accessible to the voters at least three (3) full working days prior to 12:01 a.m. of the day of the election. As soon as the election arrangements are finalized, the Employer will be informed when the Notices must be posted in order to comply with the posting requirement. Failure to post the Election Notices as required shall be grounds for setting aside the election whenever proper and timely objections are filed.
10. Accommodations Required. All parties should notify the Region as soon as possible of any voters, potential voters, or other participants in this election who have handicaps falling within the provisions of Section 504 of the Rehabilitation Act of 1973, as amended, and Case 01-RC-139754 Page 3 29 C.F.R. 100.503, and who in order to participate in the election need appropriate auxiliary aids, as defined in 29 C.F.R. 100.503, and request the necessary assistance.
11. Observers. Each party may station an equal number of authorized, nonsupervisory-employee observers at the polling places to assist in the election, to challenge the eligibility of voters, and to verify the tally.
12. Tally of Ballots. Upon conclusion of the election, the ballots will be counted and a tally of ballots prepared and immediately made available to the parties. 
13. Objections, Challenges, and Reports. Objections to the conduct of the election or conduct affecting the results of the election, or to a determination of representation based on the results of the election, may be filed with the Regional Director within 7 days after the tally of ballots has been prepared and made available to the parties. The Regional Director will serve a copy of the objections on each of the other parties. If objections are sustained, the Regional Director may include in the report an order voiding the results of the election and conduct a new election under the terms of this Agreement at a date, time, and place to be determined by the Regional Director. If the challenges are determinative of the results of the election, the Regional Director shall investigate the challenges and issue a report. The method of investigation of objections and challenges, including whether to hold a hearing, shall be determined by the Regional Director, whose decision shall be final. 
14. Post Election and Runoff Procedures. All procedures after the ballots are counted shall conform with the Board's Rules and Regulations. 
15. Certification. The Regional Director will issue a certification of the results of the election, including a certification of representative where appropriate, with the same force and effect in this case as if issued by the Board.
16. Finality of Regional Director’s Decision. All rulings and determinations made by the Regional Director will be final, with the same force and effect in that case as if issued by the Board.