Resolution Fact Sheet
WHAT has THE RESOLUTION CHANGEd?
Previously, every Member of Congress had the ability to voluntarily recognize a union in their office. Congressional staff were not prohibited from organizing, we just lacked the same protections as other federal workers. This meant that if a majority of staff in an office organized a union, nothing prohibited a Member from recognizing that union and bargaining with staff in good faith.
When the House resolution passed, House staff gained the protected right to organize. This includes committee staff, subcommittee staff, and staff working in personal offices. Our bosses are no longer able to fire, demote, or otherwise retaliate against us for organizing to form a union, and we have recourse through the Office of Congressional Workplace Rights (OCWR) if they do. Once we elect a union in our workplace, our bosses will have a duty to bargain with that union over conditions of employment.
WHO IS COVERED BY THE RESOLUTION?
Workers in the following employing offices of the U.S. House of Representatives:
the personal office of any member of the House of Representatives
a standing select, special, permanent, temporary, or other committee of the House of Representatives
Office of the Speaker of the House of Representatives
Office of the Majority Leader of the House of Representatives
Office of the Minority Leader of the House of Representatives
Offices of the Chief Deputy Majority Whips
Offices of the Chief Deputy Minority Whips
the following offices within the Office of the Clerk of the House of Representatives:
Offices of Legislative Operations
Official Reporters of Debate
Official Reporters to Committees, Printing Services
Legislative Information
Office of the Legislative Counsel of the House of Representatives
Office of the General Counsel of the House of Representatives
Office of the Parliamentarian of the House of Representatives
Office of the Majority Whip of the House of Representatives
Office of the Minority Whip of the House of Representatives
Office of House Employment Counsel
the Immediate Office of the Clerk of the House of Representatives
the Immediate Office of the Chief Administrative Officer of the House of Representatives
the Office of Legislative Computer Systems of the House of Representatives
the Office of Finance of the House of Representatives
the Immediate Office of the Sergeant at Arms of the House of Representatives
CAN I GET FIRED FOR ORGANIZING?
Not anymore! Because the Resolution passed, our bosses are no longer able to fire, demote, or otherwise retaliate against us for organizing to form a union, and we have recourse through the OCWR if they do.
HOW DO I WIN A UNION IN MY OFFICE UNDER THE RESOLUTION?
Under the Resolution, you are able to elect a union the same way as other federal government employees. To trigger an election, at least 30% of your office would need to file a petition with the Executive Director of OCWR stating that you wish to be represented by a union. After the Executive Director confirms the validity of the election and resolves any dispute between the workers and management over the scope of the election, the election is held and you would need a majority to vote for the union in a secret ballot election.
It will be up to OCWR to determine whether it will permit Members to voluntarily recognize a union without an election in the event a majority of workers petition their support for the union.
WHAT IS A “BARGAINING UNIT” AND WHO WOULD WE BARGAIN WITH?
A bargaining unit is the group of employees who would be at the table bargaining together with management over conditions of work. Each unit would bargain with the employing Member and their management staff.
OCWR would ultimately resolve disputes between workers and management over the scope of this unit, and they consider a variety of factors such as whether the workers have the same working conditions and the organizational structure of an agency. Each Member’s office could be its own bargaining unit, and it is possible that staff can form a smaller unit within each office (such as the legislative staff, or the district staff) depending on the specific case. Majority and minority staff of a Committee office would almost certainly be separate bargaining units (so majority staffers do not need to organize their minority counterparts).
WHAT CAN WE BARGAIN OVER?
Federal employees have some limitations on what working conditions are negotiable. We are not allowed to negotiate on workplace policies and benefits that are provided for in statute. For congressional workers that means we cannot negotiate on health care and retirement benefits. However we can negotiate on:
Salary and promotion policies and procedures
Vacation time, sick leave, and paid family and medical leave
Disciplinary, grievance and promotion procedures
Health and safety protocols
Telework, flex time and comp time policies
Severance policies for when members retire or leave office
Anti-union bosses may argue that you do not have a right to bargain over salary and over a requirement that you can only be fired with just cause. OCWR would ultimately resolve this, but nothing supports this argument: Members set the salary and the terms of hiring and firing, and neither of these are set by statute, so there is no reason why we could not bargain over them.
DOES THE SENATE NEED TO PASS THIS RESOLUTION TOO?
The House resolution will only apply to House employees, so it only needed to pass the House in order to take effect. At this time, the Senate has not yet introduced nor passed a similar resolution, meaning Senate staff will not have the protected right to organize until a Senate resolution is passed. We’re confident that this momentum will carry into the other chamber. Senate, you're up next!
To learn more about how to unionize your office visit our webpage here.
To see if your Member has publicly supported unionizing, click here.