Questions Answered
Who is Architectural Workers United?
Architectural Workers United, or AWU, is the campaign moniker under which architectural and architectural adjacent workers from multiple employers are organizing in the United States. As AWU is not its own union, we are affiliated with the International Association of Machinists and Aerospace Workers (IAMAW). AWU is a collaborative project with the goal of building on the tremendous inherent value the profession offers the industry, but is not recognized nor rewarded for. We can do this by harnessing the leverage that organizing unions provides workers.
What is a Union?
A union is a group of workers coming together to improve their jobs by having a voice and a say in their workplace. Unionizing gives workers certain legal rights they don’t have as individuals, and creates an equal balance of power between the employer and the employees.
Union members have the right to information and the right to collectively bargain a contract with their employer over wages, hours and working conditions. And, as more and more workers within our industry organize, we can begin to lift industry standards through collective action and legislation.
What kind of change can you enact with a union?
Internal:
The foundation of any union is the Collective Bargaining Unit (CBU). Each individual workplace is its own CBU governed by its own unique Collective Bargaining Agreement (CBA). Each CBA is tailored specifically to that workplace. We can develop policy and standards through our CBAs to create more sustainable workplaces. Existing policies often come from organic bottom-up advocacy. Through collective bargaining, we can expand our policies to incorporate other concerns, such as managing overtime, creating a framework for transparent promotion protocols, and layoff procedures. Once a contract is in place, any policies would not be able to be changed without negotiating with the union, including those related to return-to-office and work-from-home. The exact policies each CBU proposes are developed collectively based on surveys of employees’ priorities.
Industry-wide:
Through a density of unions, we can raise standards from the bottom-up. Raising conditions and the value of architecture from the top-down is difficult due to antitrust laws that prevent firm principals or the AIA from setting minimum fees. Fees therefore become a “race to the bottom,” and we’re forced to do the same work with less staff. By joining forces, we can level the playing field and start to phase out the unpaid design competitions and fee reduction that is required just to get a commission. We can make our industry more accessible to people from all socio-economic backgrounds, and support diversity within the field through transparency and the ability to address difficult issues with both protection and resources available.
Legislative:
Through political organizing and legislation, we can set standards that apply across the industry and do not disadvantage any one firm. As a union, we can advocate for policies in New York City and beyond that favor firms that meet union standards, and push for attaching labor standards for architectural workers in publicly funded contracts or even in private projects that take advantage of tax abatements. We can start to collectively tackle issues impacting our society that relate directly to building. All of this starts with having the rights and the resources forming a union provides.
How do we form a Union?
First, let’s discuss goals. What do you love about your work, and want to protect? What aspect of our work do you want to improve? Some issues you might want to address will be specific to your employer, while others are likely endemic within our industry. Organizing is a way to work towards improving both.
Second, you need to prove to the NLRB that your group wants to form a union by having your coworkers fill out the “showing of interest” form indicating their support. The NLRB (National Labor Relations Board) is the government agency that oversees most things pertaining to unions in the private sector. Once you have a majority showing of interest, the employer can be been given the opportunity to voluntarily recognize your union or have us call on the NLRB to administer the secret ballot election. Elections are typically held within 2-4 months. If the majority votes in favor of the union, the NLRB will certify you as a legally recognized union.
The employer never sees who filled out the showing of interest, nor will they know how individual employees have voted.
What happens after certification?
Once you are certified as a union you will have legal rights that you did not have before. This includes the right to collectively negotiate with your employer over fair pay structures, working hours, transparent systems, professional development and advancement, and anything else that affects your working conditions.
Next you form a bargaining committee to represent the varied perspectives and interests within your “bargaining unit” (all the employees in the union). The bargaining committee then conducts a survey to start gathering everyone’s input about what issues matter to them the most, and crafts proposals to bring to negotiations with your firm. The firm is obligated to bargain with the union in good faith, and is not permitted to reduce wages or benefits or change working conditions during this time. Once you have negotiated a contract that both sides feel is fair, every employee in the bargaining unit gets to vote to accept and ratify the contract, or the contract can be rejected. During negotiations the International Union (IAMAW) provides training and resources for the bargaining committee as well as a trained negotiator to help guide you through the process.
How much are dues, what are they for, and when do we start paying them?
The union is a non-profit funded by the dues of its members. Dues pay for all the staff and resources of the union, like lawyers, negotiators, economists, lobbyists, communications, organizers, offices, etc.
Dues are about 1.5% of salary. We don’t pay any dues until after we have negotiated our first contract and have voted democratically to accept it. If what you are getting with your contract isn’t worth the dues you will have to pay, you can vote to reject it.
Who runs the Union?
We, the members, assisted by the union's full time staff. The model of union governance is a democracy. Collectively, we decide on our individual workplace contract priorities. The Union’s legal staff, professional negotiators, economists, researchers and organizers will be there with us during the process, but we have the final say on our contract.
Who can be part of the Union?
The National Labor Relations Board excludes supervisory positions from being in the union. The NLRB defines supervisors/managers as anyone with real hiring or firing ability. Most employees who do not have that ability are eligible to be in a union.
Some managers are great advocates but don’t have the power to make the improvements that we want. Forming a union isn’t going against managers, it’s about winning a voice to negotiate improvements with the firm we work for.
The NLRB also excludes some jobs they consider to be “confidential employees”. These typically include HR and legal department staff. Independent contractors are excluded as well.
Does everyone who is eligible to vote have to be in the Union if the majority votes in favor, even if that person voted against it?
By law, the union has to represent each member equally regardless of how they voted. Whether or not dues are compulsory is up to each individual workplace and what they negotiate into their contract.
Do you need to be a licensed Architect to be in the union?
No, you do not need to be a licensed architect to be in the union. You just have to be a part of the bargaining unit. Bargaining units can include both professional and non-professional employees. The NLRB has the final say of which job titles will be included.
Do I need to be a US citizen to be a part of the union?
No, the Labor Board does not make any distinctions based on citizenship or visa status. If a job title is a part of the union (Associates for example), then all people in that job title are covered by the union unless they are an independent contractor, a supervisor or confidential employee.
How do we ensure this will not hurt business at our firm?
By law, anything in a Collective Bargaining Agreement has to be agreed to by both sides. This ensures the needs of the business to be profitable are balanced with the needs of the employees. As employees it is not in our interest to bargain contracts that hurt our employers, rather our goal is to ensure that employers thrive so that we all can do so as well. The NLRA also guarantees unions the right to information. If a union makes economic proposals that a company insists are not feasible, the union has the right to confirm that information. This ensures employees are informed in drafting reasonable economic proposals.
In addition to negotiating a contract directly with our employers, we can raise industry standards by coordinating with other collective bargaining units at other firms. The more firms that organize (density) the more we can improve standards in a way that keeps the playing field level between firms. We can also push for legislation that improves conditions for all firms in our city or state.
Will this work for our type of industry?
Every industry is different as is every union. With unionization comes rights we don’t currently have as individuals: the right to information and the right to bargain. With the union also comes resources and protections that will allow us to advocate for change outside our workplace. What we do with these rights and resources is up to us. What works for a carpenters union doesn’t necessarily work for a cinematographers union. The answer for us will be equally unique, but without these rights and resources little is bound to change for our industry. We look to other professionals such as engineers, technicians, lawyers, graphic designers, etc., as inspiration.
Can our firm have an ESOP and a union?
Yes! The ESOP is essentially a retirement plan and a form of succession. It has tax benefits and other advantages. But having an ESOP benefit offers no control over the business operations or working conditions. It does not grant employees the right to transparency or a say in decision-making. This is where the union comes in and can work hand-in-hand with an ESOP. The NY State Fed published research that shows the combination of a union and an ESOP leads to a 50% higher market valuation in companies over non-union employers with ESOPs.
What might our employer do when they find out we are forming a union?
Most employers, even good ones, react negatively when they find out employees want to share power and control. The contracts we negotiate will limit management’s ability to change policies, wages, benefits and working conditions without our agreement.
Most employers will try to convince employees not to form a union by using specific union-busting tactics.
Many of these tactics are half-truths, designed to create a sense of futility and doubt, and discourage organizing. For example, an employer might say that the employees will lose all the benefits they already have during bargaining. That’s a half-truth because, while in theory employees could lose existing benefits, that would only happen if they agreed to give them up – and that’s not something employees would do unless it’s being replaced with a better benefit.
Other employers seek to convince employees that having a union is no longer necessary by making the improvements the employees are advocating for. In most cases those improvements are short-lived and can easily, and legally, be taken away once the effort to unionize is stopped. In our case, we know that many of the issues we face in our profession are beyond the control of any one firm and that political power, resources and the leverage that provides is what’s needed to change the landscape we find ourselves in.
The employer may require us to attend “captive audience” meetings in which the company makes empty promises or tries to scare us about what will happen if we form a union. Most employers don’t come right out and tell employees they’re worried for themselves because with a union the power dynamic changes and employees will have more rights. They usually frame it as though they’re worried about what will happen to the employees. Most of what the employer says is either untrue or purposely misleading. That’s why it’s important to become well-versed in your rights and in union-busting tactics.
Forming a union is protected by federal law, and employers cannot retaliate against employees for doing so. The key is to stay united and focus on the reasons why we want the rights a union affords us in the first place.
So, what union-busting tactics do employers typically use?
Here’s what companies usually say and do when workers start organizing a union to make improvements.
1. “THIRD PARTY” PARTY
The firm may try to paint your union as an outside force. “We’re a family”, they may say. “We want to be able to communicate with you directly, and not have to involve anyone else.”
The truth is, the union is us. We make the decisions about what goes into our contract, what is improved, and what stays the same. A union is employees coming together, exercising their legal right to represent themselves and bargain over conditions that affect the work they do. Being able to only deal “directly” with any employer puts you at a distinct disadvantage and makes it nearly impossible to effect change on an industry wide level.
2. DUES BLUES
The firm may tell us scary stories about how much “dues” we will have to pay. They may say that the union is only interested in getting our money.
The truth is, any organization that works for us is worth paying for. Workers, both professional and non-professional, have been pooling their resources and power into unions for decades as an effective way to raise their workplace standards. The improvements in pay, benefits, and fair treatment we gain when we win the union are far greater than the cost of dues. Remember: you do not pay any dues until you have voted to accept a contract.
3. CLOSING DOORS
The firm may tell us that if we join the union they will have to close because the union will drive their operating expenses up and they won’t be able to continue business.
The truth is, the proposals we make at bargaining are in our control. Not only would the employer have to agree to any economic proposals we make, but the bargaining unit would also have to ratify any language before it could go into effect. Combined with the right to information that certification gives, we'll be making informed proposals that do not put our firms at a competitive disadvantage.
The real path to making meaningful structural change in this industry lies with harnessing the political power of our union to pass legislation that makes our industry more sustainable and in a way that affects all firms equally. Our goal is not to make our firms less profitable.
4. CONTRACT CONTROVERSY
The company may tell us that they will never agree to a union contract. Or, they’ll say they do not have to agree to what we want in the contract.
The truth is, employers are legally required to negotiate with the union in good faith. They may talk tough before we organize, but it is in the company’s interest to keep work flowing. When presented with reasonable contract proposals, we feel confident we will reach settlements.
5. STRIKE TALK
The firm may tell us that the union will force us out on strikes— whether we want to or not. They may tell us if that happens, we will lose our jobs.
The truth is, the union does not force workers out on strikes. A strike is the decision of the union members and up to each bargaining unit exclusively. If there is an issue that we feel strongly about, we and our co-workers can vote to go on strike. If a 2/3rds majority of us votes yes, then and only then would there be a strike. Ninety-nine percent of disputes and contract negotiations are settled without strikes.
What CAN’T our employer do?
It is unlawful for any employer to interfere with, restrain, or coerce employees seeking to organize a union. Our rights are protected under Section 7 of the National Labor Relations Act, a federal law.
They CANNOT tell employees that management will fire or punish employees if they engage in union activity.
They CANNOT bar employees from discussing the union during working hours provided it does not interfere with work.
They CANNOT ask employees about confidential union matters, meetings, etc.
They CANNOT ask employees how they intend to vote.
They CANNOT, by the nature of the work assignment, create conditions intended to get rid of an employee because of their union activity.
They CANNOT threaten employees or coerce them in any way in an attempt to influence their vote.
They CANNOT say unionization will take away the benefits and privileges presently in effect.
They CANNOT promise employees promotions, raises, or other benefits if they get out of the union or refrain from joining it.
Any of the above acts constitutes a violation of the National Labor Relations Act. If any of these happen, make a note of what occured and bring it to a union organizer.
Wow, ok. This seems like it might be hard to do. Why are we doing this again?
Yup, forming a union may be one of the most challenging things we have ever tried to take on. But it also stands to be one of the most rewarding.
We have a chance to have a real impact in our immediate community and in our industry at large. Organizing is an expression of care and stewardship over our profession, and each other. With a union we have the power to advocate for our collective stability, respect, and value, and create a more equitable, sustainable profession for all.
No one office created the challenges that are systemic to the discipline of architecture, but change begins with one firm and spreads to others, that will eventually ensure a healthier and more equitable future of the generations of architects to come. The intention is not to tear down any individual workplace, but to build a better profession one frim at a time.