In your leadership or supervisory role, employees may ask you questions about the university’s bargaining process with a union. It’s important that you respond to these questions in a way that’s consistent with best practice and state and federal labor law. 

Know the legal parameters 

Managers and supervisors should take care to not be perceived as engaging in the following: 

• Direct dealing: Oregon law prohibits supervisors and managers from bargaining directly with employees who are represented by a union.  
• Inducement/retaliation: Similarly, Oregon law prohibits trying to influence employee behavior by promising a change to working conditions or by retaliating or suggesting retaliation based on whether an employee participates in union activity.  
  • In the case of a strike or potential strike, Oregon law prohibits managers and supervisors from: 
    • Asking employee(s) whether they intend to strike, or commenting on whether they should strike or not strike.
    • Making promises of any type should they return to work. 
    • Making threats to discourage employee(s) from participating in the strike.  
    • Any retaliation or incentive related to employee(s)’ decision to participate or not participate in a strike. 

Exercise care in discussions 

It is reasonable to assume that managers and employees could have discussions about bargaining, mediation, or a potential strike. Consider the following when discussions arise:  

• Establish that matters of represented employment and collective bargaining are handled by the professionals tasked with resolving those issues. Those professionals are best equipped to manage the issues, and they are the only people authorized by the university to represent its interests.  
• Encourage employees to stay informed about the bargaining process and seek out fact-based information about proposals and terms being under negotiation. The HR website provides up-to-date information, including current proposals, during bargaining. 
• If you’re approached by a represented employee about their participation in a strike, advise them that whether they participate is a personal decision on which you cannot comment or advise.  
• Explain that the university is committed to reaching agreement on a contract that best meets the needs of represented employees and the university.  
• Reassure that we will continue to engage in good faith bargaining while ensuring continuity in academics, research, and administration, should bargaining developments disrupt regular operations. 

Be mindful of real and perceived power dynamics in the event of a potential strike 

Managers, supervisors, and other leaders should speak carefully, if at all, about a potential strike. You have considerable authority over represented employees, creating a potentially coercive power dynamic that, if coupled with comments or messages about the strike, may become unlawful. 

A conversation where a supervisor or unit leader shares their personal perspective could be perceived by the represented employee as a threat, promise, or inducement even when that isn’t your intention. It is best to avoid communicating anything employees might interpret as judgment, personal comment, encouragement, or discouragement. 

Focus on relationships 

However, building and cultivating positive relationships with employees should remain a priority. Preserving and enhancing relationships is important to moving forward as a community, regardless of the challenges we may face during the bargaining process. Supervisors and leaders play a critical role in building and maintaining positive employee relations, and your efforts are appreciated.