As employees, we are entitled to specific rights under federal law, even if we are not part of a union. The National Labor Relations Act of 1935 (NLRA) (29 U.S.C. §§ 151-169) safeguards these rights. These rights are overseen by the National Labor Relations Board (NLRB). As employees, we have the following rights:
- Right to Organize: We can self-organize, join labor organizations (e.g., AAUP/AFT), engage in collective bargaining through a representative of our choice (e.g., AAUP/AFT), and participate in activities related to collective bargaining, mutual aid, or protection. We also have the right to refrain from these activities if we choose.
- Wage Discussions: We can discuss our wages with fellow employees, both in person and through written messages. While using electronic communications, such as social media, we still need to follow all employer policies regarding equipment use. However, any policies explicitly prohibiting wage discussions are illegal. We can talk about wages when not at work, during breaks, or even during work if non-work conversations are allowed. These rights apply whether or not we are part of a union [see nlrb.gov for more details].
Note: Supervisors can only disclose their own salary, not that of their employees. - Protection from Employer Interference: Employers cannot interfere with these rights. They cannot threaten or question employees about organizing efforts or offer rewards to discourage organizing. Employers must treat organizers the same as employees not engaged in organizing activities. Employers cannot interrogate, threaten, punish, or surveil us regarding wage discussions or conditions of employment. Employers cannot establish rules or policies that prohibit wage discussions or conditions of employment. If our employer violates these rights, we can file a complaint with the National Labor Relations Board (NLRB). For more details about the law, refer to NLRA, Section 8(a)(1).
As faculty members, the Gallaudet University Faculty Handbook may be considered part of our contract. In Dantley v Howard University (2002), the District of Columbia’s highest court established that Howard University’s Faculty Handbook formed part of the faculty member’s contract. It’s important to note that whether our Faculty Handbook constitutes a contract can be disputed again in court, and legal precedents can change (e.g., Roe v Wade was overturned). Usually, the most recent version of the UF Handbook is the one in effect, although this could also be contested in court.
More importantly, the administration has verbally committed to following the Faculty Handbook. Clear policies benefit both faculty and the administration. We encourage faculty to thoroughly review the Faculty Handbook and revisit relevant sections when necessary throughout their careers, given that the Handbook is regularly updated.
