TOOLKIT: Advancing Racial Justice in the Professional Workplace

2024 Update

Download a PDF version of the toolkit here

Racial inequity in U.S. workplaces affects every aspect of work, including career opportunities, pay, benefits, and retention. Union professionals have utilized the collective bargaining process to address intentional and unintentional racism in their workplaces. The first part of this toolkit provides an overview of some of the common workplace problems created by racial inequity and discrimination as well as what professionals have secured in their union contracts to address these problems. The second part of this toolkit provides sample contract language for the remedies highlighted. It should be noted that the problems and potential remedies included in this toolkit should not be viewed as an exhaustive list. Additionally, the workplace issues identified in this toolkit have primarily been faced by Black and brown professionals, though we also use the phrase “professionals [or people] of color” throughout. We acknowledge that other professionals of color aside from those who identify as Black and brown have also faced racial bias and discrimination in the workplace. The term “people of color” encompasses a wide variety of non-white racial and ethnic identities. It has also been used to refer specifically to people who identify as Black or brown. This has especially been the case since 2020, when the Movement for Black Lives gained greater public awareness.

The problem: Black Professionals are paid less for equal work.

In 2022, Black professionals earned 20 percent less than white professionals on average.[1] For Black women in professional occupations, the gap has been even worse, as structural racism and sexism can negatively impact their earnings. In 2022, their pay was 38 percent less than white male professionals.[2]

What unions have bargained for: Pay equity reviews and adjustments, salary history bans, and pay transparency provisions.

Pay equity reviews and adjustments

Pay equity reviews generally consist of looking at employee salary data and seeing if there are any disparities for those in comparable jobs based on gender, race, ethnicity, and other statuses. However, pay equity reviews may not identify pay gaps based on education, duties, or seniority. Conducting a pay equity review is a good start, but when implemented alone, it often only results in pay increases for less than five percent of the workforce.[3] Instead, pay equity reviews must be coupled with mechanisms for salary adjustments when pay disparities between the same or comparable jobs are identified. For example, Belgium – which in 2021 had one of the smallest gender wage gaps in the European Union at five percent[4] – has had success at narrowing the gender wage gap by requiring companies to not only report pay data annually, but also come up with an action plan to address any disparities.[5] In the U.S., the pay scale for federal government employees, the General Schedule (GS), strives to achieve pay equity by establishing a framework of factors to be taken into account for employee pay.

Bargaining unit examples

• As part of the Alliance of Health Care Unions, United Steelworkers (USW) members at Kaiser Permanente Inland Empire and Kern County in California negotiated wage equity adjustments for healthcare service workers and medical technicians – primarily Black and brown professionals – who were earning as much as 43 percent less for the same job in neighboring Los Angeles and Orange Counties.

• Office and Professional Employees International Union (OPEIU) members negotiated for management to conduct annual pay equity reviews of all salaries in a bargaining unit to determine whether inequities exist due to gender, race, ethnicity, and other protected statuses. If inequities are found, management must work with the union to correct them. Additionally, if an employee believes their salary needs review and adjustment, they may request it.

• International Federation of Professional and Technical Engineers (IFPTE) members at the Center for American Progress (CAP) committed the organization to regularly conduct a pay equity analysis where employees’ salaries are reviewed to determine whether there are inequities based on gender, race, ethnicity, or other characteristics. If disparities are identified, the union works with managers to fix any disparities.

• American Federation of Teachers (AFT) members at Rutgers University negotiated for a salary equity program that allows faculty members who identify inequities based on one or more of four categories (one of the categories is race/ethnic/gender/protected status) to request an equity adjustment to their salary.

Salary history bans

By banning salary histories in hiring, employers cannot base professionals’ pay on their past salaries, which keeps wage gaps from widening for people of color and women who earned less in previous jobs due to bias. Studies on the effects of salary history bans reveal that they help close pay gaps for women and people of color. Researchers at Boston University looked at the earnings of people who changed jobs in states that have implemented salary history bans and found that the earnings of Black workers increased by 13 percent and women increased by eight percent when compared to those who changed jobs in states not covered by such a ban.[6]

Bargaining unit examples

• IFPTE members at both CAP and Community Change negotiated to prohibit salary history disclosure for those applying for open positions.

• OPEIU members have negotiated for contract language that states salary history from previous employment cannot be considered when setting their new salary.

Pay transparency provisions

A key component of many professionals’ union contracts are open and clear pay scales that allow employees to identify their salary by job title, experience, skills, training, and other qualifications. Pay scales are often coupled with schedules for raises and promotions, and set minimum salaries for employees. These systems create transparency in how pay and promotions are determined. When union professionals know what their colleagues are being paid, they can request an adjustment in the event of perceived inequities. In sectors where pay transparency is mandated, the pay gaps are narrower and wages are more equitable.[7] This is especially helpful for women who identify as Black, Hispanic, or Latina, because they are disproportionately impacted by the gender and racial wage gap.[8]

Bargaining unit examples

• OPEIU members worked to make their pay more transparent by negotiating to have management provide the union with full salary information for all bargaining unit employees after each salary review and the promotion or hiring of new employees. Additionally, each employee has a job title that corresponds to a specific salary band in a wage schedule which also shows career path progression. 

The problem: People who identify as Black, as well as those who identify as Hispanic or Latino, are underrepresented in the professional workforce.

 In 2022, people who identified as Black or African American were 11 percent of the professional workforce,[9] while they made up 13 percent of the U.S. workforce as a whole. Among Hispanic or Latino professionals, underrepresentation was even greater. While they comprised almost 19 percent of the U.S. workforce as a whole, they made up only 11 percent of the professional workforce.[10] In the private for-profit sector specifically, representation of Black professionals was even lower at about 9 percent. Representation of Hispanic or Latino professionals in this sector remained constant at 11 percent.[11]

What unions have bargained for: Diversity in hiring provisions.

Diversity in hiring provisions

Hiring provisions to promote diversity and inclusion and combat underrepresentation have proven effective at increasing racial diversity in many companies. For example, a hiring provision might require the employer to interview at least a certain number of minority candidates for open positions. Employers may also include strong equity, diversity and inclusion language in job descriptions, affirming their commitment to racially just hiring practices.

Additionally, many diversity in hiring provisions strive to improve awareness of open positions and take down barriers to entry. Some do this by recruiting from, or partnering with, colleges to reach more people of color. Companies that have done this have seen the share of women – including Black women – rise by about 10 percent on average in the five years after implementation. Programs focused on minority recruitment have increased the proportion of Black male managers by eight percent and Black female managers by nine percent.[12]

Bargaining unit examples

• To diversify their organizations, OPEIU members negotiated for management to provide the union with goals and specific methods to increase the diversity of the organization and update them regularly through Labor Management Committee or Diversity Committee meetings.

• American Federation of Musician (AFM) members who are part of the Summer in the City Orchestra in New York City have provisions in their union contract to encourage diversity in hiring. These provisions include recruiting and advertising open positions to musicians from underrepresented groups, having management make a good faith effort for one-third of the qualified applicant pool to be from groups that would advance DEI and access priorities, and having multiple rounds of auditions take place behind a screen to anonymize physical appearance.

•  SAG-AFTRA members at NPR secured a commitment that at least 30 percent of external candidates interviewed for regular bargaining unit positions be from underrepresented groups to advance the news organization’s diversity goals.

• At most online media companies where Writers Guild of America, East (WGAE) members work, provisions have been secured that require a certain number or percentage of candidates to be from underrepresented groups in journalism when interviewing for jobs and promotions.

• IFPTE members at CAP secured a commitment from their organization to recruit a diverse pool of candidates when hiring by advertising positions at historically Black colleges and universities and attending career fairs focused on historically marginalized groups. Additionally, IFPTE members and CAP managers in CAP’s Diversity and Inclusion committee are able to review the hiring process and provide guidance on how to improve it. To hold their employer accountable, IFPTE members negotiated for CAP management to provide the union with reports on the diversity of applicant pools and employees within the unit twice per year. IFPTE members at Community Change have similar language that strives to hold their employer accountable for equity in pay, hiring, and retention by requiring data to be collected and distributed.

 The problem: Professionals of color face bias and discrimination in the workplace.

Workplace discrimination against professionals of color is still far too common. Examples include: discriminatory pay practices and derogatory statements about the ethnicities of employees of color, particularly at tech companies;[13] retaliation against employees of color who have raised concerns about racist policies and racial discrimination in their workplaces;[14] and employees of color encountering flagrantly racist slurs and racist symbolism at work.[15] Over the course of the last 10 years, the U.S. Equal Employment Opportunity Commission (EEOC) has received on average almost 82,000 claims per year with about 34 percent of those being racial discrimination claims.[16] According to a 2019 Vox article, racial discrimination against Black employees specifically accounted for 26 percent of all claims filed with the EEOC and its partner agencies.[17]

What unions have bargained for: Anti-discrimination and anti-harassment provisions, trainings and addressing racial trauma, and diversity committees.

Anti-harassment and anti-discrimination provisions

A 2018 study found that people of color identified anti-discrimination policies as one of the most effective ways to encourage diversity and combat bias in the workplace.[18] Additionally, many union professionals have used union contracts to protect groups from discrimination that are not yet covered by law.[19] Union contracts also help make sure anti-discrimination policies, as well as other workplace policies, are enforced. Through procedures that address contract violations, union contracts can be used to hold employers accountable and compel them to follow anti-discrimination policies.

Bargaining unit examples

• Stage Directors and Choreographers Society (SDC) members have secured language in their union contract that prohibits discrimination and harassment on account of race, color, creed, national origin, sex, gender identity and/or expression, sexual orientation, political persuasion or belief, age, veteran status, religion, familial status, disability or any other characteristic protected by federal, state or local law.

• OPEIU members at Kickstarter have language in their collective bargaining agreement that states that discrimination will not be tolerated on account of a person’s race, color, citizenship status, national origin, ancestry, sex, gender identity or expression, transgender status, sexual orientation, age, religion, creed, physical or mental disability, genetic information, use of a service/guide dog, childbearing status, childbirth, pregnancy or related medical condition(s), marital or partnership status, caregiver status, veteran status, political affiliation, domestic violence victim status, stalking or sex offense victim status, unemployment status, arrest or conviction records, credit history, or any other characteristic protected by applicable law.

• WGAE members at Vox negotiated for anti-harassment language to require the company to enforce its harassment policy, and allow employees who are initiating harassment claims to bring a union rep to their meeting with human resources. Vox is also required to provide a written report outlining the investigation and any remedial action taken to the employee who made the claim. Additionally, WGAE members at Vox secured non-discrimination language that includes protections for appearance, credit score, housing status, history of drug use, and criminal record.

• IFPTE members at the Center for Economic and Policy Research (CEPR) negotiated for an anti-discrimination article and robust anti-harassment language.

Trainings and addressing racial trauma

Formal trainings that help employees identify and understand their biases and work toward restoring relationships and repairing harms caused by harassment or discrimination can be effective ways to advance racial justice in the workplace.[20] However, trainings can’t be a one time thing; they must be on-going to achieve meaningful and lasting results. For example, trainings have been shown to change attitudes[21] but not necessarily behavior, and should be accompanied by other diversity and inclusion initiatives.[22]

Workplace discrimination and harassment in the form of both micro- and macro-aggressions against employees of color can have negative impacts on the mental health and wellness of these employees and can lead to racial trauma, or race-based traumatic stress. The case may be even more prevalent for Black professionals specifically. According to a 2019 Pew Research study, Black adults who hold college degrees or have had at least some college are more likely to say that they have faced racial discrimination and harassment than those with less education.[23] This implies that Black professionals are more likely to say that they have faced discrimination and harassment than Black non-professionals. In addition to the potential for experiencing racial trauma, professionals of color have faced fatigue from doing much of the unpaid work of educating their coworkers around racial bias and microaggressions in the workplace.[24]

Bargaining unit examples

• USW members at Kaiser Permanente Inland Empire and Kern County, along with other union members of the Alliance of Health Care Unions, established a National Labor Management Partnership Equity Inclusion Diversity (EID) and Racial Justice Task Force that works to embed principles of equity and inclusion into the workplace in a holistic fashion. With respect to racial equity trainings, negotiated provisions include training programs for hiring managers to mitigate bias in the hiring process. Negotiated health equity initiatives include incentivized team-based projects incorporating equity and inclusion principles to improve both patient and employee wellbeing, and piloted healing/restorative circles led by trained facilitators to begin to repair racial trauma and fatigue.

• IFPTE members at Community Change secured a commitment from their employer to have a minimum of two training sessions annually – one for all staff and one for supervisors and managers – focused on advancing race and gender equity. At the Democracy Collaborative, IFPTE members negotiated for an annual training on dismantling systemic oppression for all staff.

Diversity committees

Union professionals have used their contracts to establish groups made up of managers and union members that meet regularly to discuss and address diversity issues. These groups are usually responsible for identifying steps to improve equity, diversity, and inclusion, and overseeing initiatives, as well as monitoring and measuring progress. Diversity-focused groups like task forces and committees have been shown to increase minority representation at organizations.[25] Specifically, diversity committees and task forces have a substantial impact on managerial diversity, increasing minority representation in management by nine to 30 percent in the five years following the creation of such groups.[26]

Bargaining unit examples

• American Guild of Musical Artists (AGMA) members at the Colorado Ballet secured the creation of a DEI committee in their union contract composed of individuals from a cross-section of departments within the organization, including the performing artists, that issues recommendations on non-discriminatory and inclusive initiatives and actions for the Colorado Ballet to take.

• OPEIU members at the Solidarity Center established a working group which designed a program to train employees on how to effectively raise and address diversity issues.

• In their collective bargaining agreement with the League of Resident Theatres (LORT), Actors’ Equity members codified that theaters will provide mandatory anti-discrimination and harassment training on at least an annual basis.

• WGAE members at many digital news companies have secured in their union contracts the creation of diversity committees made up of management and union representatives with financial support from the company to support diversity work, professional development, and attendance at relevant conferences.

• IFPTE members at Centro Legal de la Raza negotiated for a diversity committee that aims to incubate leadership and empower staff. The committee works with human resources on training, activities, and events, and participates in hiring interviews as well as exit interviews to promote policies to help with retention.

The problem: Structural inequality blocks access to affordable higher education for many people who identify as Black or African American.

In 2022, only 25 percent of Black adults in the U.S. held a college degree, compared to 38 percent of white adults.[27] Additionally, Black graduates borrow more money and have more student debt on average than white graduates, and are more likely to pay off their debt at a slower rate, largely due to lower earnings among Black graduates.[28]

 What unions have bargained for: Loan repayment programs.

Loan repayment programs

With only eight percent of employers offering some kind of loan repayment assistance,[29] union professionals have the opportunity to negotiate for a benefit that will be new for many and help relieve the debt burden, especially among people of color. Normalizing loan repayment programs has the potential to incentivize more people of color to pursue higher education knowing that they will be able to pay off their debt when they enter the professional workforce, as well as attract more diverse candidates who need the added benefit.

Bargaining unit examples

• OPEIU members at the Northwest Justice Project negotiated for a loan repayment program for law school loans, which gives employees who qualify $650 per quarter to repay their loans.

• AFT members at Natchaug Hospital in Connecticut negotiated for up to $3,000 of student loan repayment assistance for registered nurses in their second and third years of service.

Other diversity and inclusion provisions professionals have bargained for:

Hair and skin tone inclusivity

• AGMA members at the Santa Fe Opera secured provisions in their contract that require management to provide costumes, wigs, hair coloring, shoes, and make-up that are appropriate for a range of skin tones. Additionally, management is responsible for ensuring make-up artists, hairdressers, and costume staff have experience working with various skin tones and hair textures.

• SDC members secured language in their contracts that states that their employers cannot discriminate based on hair style and/or hair texture.

• Actors’ Equity members negotiated for theaters to provide licensed hair and makeup technicians who have experience working with a variety of hair textures and skin tones, especially when a hairstyle or treatment may alter or harm the actor’s hair or skin.

Compensation for diversity work

• AFT members at the University of Michigan negotiated for compensation in the form of full tuition waivers, stipends that cover the cost of living, and health insurance benefits for graduate employees doing diversity work. Diversity work is a large time commitment that often feels like a job, and people from marginalized communities tend to do this work with little or no pay. Paying those who do this work eliminates the expectation of free or cheap labor from vulnerable groups, which often exacerbates social disparities.

Highlighting faculty’s diversity work in tenure review and promotion

• AFT members at the University of Oregon bargained for faculty to list their contributions to diversity and equity – such as teaching multicultural courses, working on committees that deal with diversity, and mentoring disadvantaged students outside the normal workload – as part of their evaluations for tenure review and promotion.

Encouraging diversity in bylines

• At Vox, WGAE members negotiated for each Vox vertical site – sites owned by Vox Media such as The Verge, Polygon, SB Nation, that provide news and information related to a particular industry such as technology, gaming, and sports – to maintain and regularly distribute a policy to promote diverse sourcing and freelancing bylines.

Sample Contract Language

The following is sample contract language covering the provisions discussed above. Each bullet separates language from different contracts.

Pay equity reviews and adjustments

• Within one month of the adoption of this agreement, the employer will conduct a pay equity analysis for the unit, considering gender, race, and ethnicity, and will share results (aggregated sufficiently to protect individual privacy) with union leaders and the heads of the diversity committee, provided those individuals agree to keep the results confidential. In the event that pay equity issues are apparent, the employer will engage leadership of the union and the diversity committee to address such issues.

• The employer may increase the salary of a member or members of the negotiations unit in order to make equity adjustments based on factors such as external market salary benchmarks within relevant markets, the member’s individual benchmarking information, including, but not limited to, experience, service and research achievements, and other relevant accomplishments, compared to relevant peers and with the recognition that employer prohibits discrimination based on any legally protected classifications, including, but not limited to, gender and race. “Relevant peers” may include an employee at another employer office.

1.     A member requesting an equity adjustment shall submit a written request with supporting documentation to management and to Compensation Services.

2.     Management shall submit to Compensation Services and to the member written comments in response to the request of an equity adjustment.

3.     Compensation Services shall review the faculty member’s request for an equity adjustment and supporting documentation, management’s written comments, and shall collect and review any other information it deems relevant to its inquiry.

4.     Within ninety (90) working days from the submission of a request for an equity adjustment by a faculty member, Compensation Services shall communicate the results of its review and the basis for the results in writing to the faculty member and the respective executive manager. If for any reason the review cannot be completed within this timeframe, Compensation Services shall notify the faculty member. If Compensation Services recommends an equity adjustment, it shall recommend the amount of the compensation increase.

5.     The member may submit a written response regarding the results provided by Compensation Services to the executive manager.

6.     In all instances, the amount of an increase, if any, will be determined by the respective executive manager, or designee, in consultation with the other members of management and Compensation Services, and the resulting salary must be consistent with the factors set forth in B. above. The executive manager, or designee, shall be responsible for approving such increase, if any, and for communicating such decision to the negotiations unit member.

7.     The member may appeal a decision of the executive manager to another manager. The decision of the other manager shall be provided to the faculty member and the union. The decision of the other manager shall not be grievable; however, this shall not preclude a member from filing an Article 9 grievance based on an alleged violation of Article 4 of this Agreement following the final decision of the other manager. The time for filing such a grievance under Article 4 shall begin to run upon receipt of the decision of the other manager.

8.     The faculty member may be accompanied by a union representative for purposes of any meetings with Compensation Services for purposes of this Part Five, section B. equity review process.

9.     The employer commits to funding equity increases approved by the executive manager, or, if applicable, another manager.

• As long as the editorial schedule permits, every six months the employer will devote a meeting to open phones to discuss diversity issues that affect both staffing and coverage, including a mechanism for soliciting questions and concerns anonymously. Bargaining unit members may also issue an anonymous survey requesting voluntary self-identification with respect to race/ethnicity, nationality, sexual orientation, disability, and/or gender identity, as well as salary, of staff which may be discussed during an editorial meeting on diversity; and

  Within 90 days of contract ratification and then on a biannual basis, as the schedule permits, up to three representatives of management will meet with up to three representatives of the bargaining unit to discuss pay equity. The anonymous survey results described above may also be discussed during these meetings.

Salary history bans

• The employer will not request that an applicant for a position within the unit report their salary from previous employment prior to extending an offer of employment which includes a salary offer. If the same online application form is used for unit and non-unit positions, the employer will clearly state on the form that former salary information is not requested for applicants to a position within the unit.

• Management will not ask job applicants to disclose their prior salary history during the application or screening process, and in any event management will not establish compensation for a position based on an applicant's current or past compensation.

Diversity in hiring 

• The employer will make a concerted effort to advertise open positions in the unit widely, in particular in places with high exposure to underrepresented groups, to attract a diverse candidate pool. This will include efforts to recruit from historically black colleges and universities and career fairs focusing on historically marginalized groups, including people of color, people who identify as LGBTQ, people with disabilities, first-generation college graduates, and people from lower-income socioeconomic backgrounds; and maintaining a listserv that delivers updates on open positions in the unit. Additionally, the employer will give the union and the diversity and inclusion committee the opportunity to review the employer’s application and hiring procedures and guidance and make recommendations to the employer addressing obstacles to historically marginalized groups. Such recommendations may include but are not limited to procedures to decrease unconscious and conscious biases when reviewing applications. The employer will make good faith efforts to consider these recommendations and address these concerns. If the employer deems it necessary to make a hiring decision prior to a position (other than senior fellow) being posted for two weeks, the employer will consult with the union prior to making an offer.

  The employer will track the self-identification of race/ethnicity of applicants and hires based on EEOC guidelines, and allow employees to self-identify their gender and sexual orientation. The employer will provide the union with reports on the diversity of applicant pools and employees within the unit, aggregated sufficiently to protect individual privacy at the second and fourth quarterly meeting between the union and management each year. The union may request additionally disaggregated data which may only be denied if the request does not comply with EEOC guidelines.

• Tracking Progress On Hiring, Retention, and Pay: Management shall annually conduct an anonymous survey of all staff to evaluate overall employee satisfaction with the employer’s work environment. The equity committee may offer input for the content and design of the survey. Findings of the survey will be shared with the equity committee, which will annually produce a written equity update, which will be shared with all of the staff. This equity update will include, but not be limited to, a summary of the results of the reviews and evaluations described in Sections 9. 2 and 9. 3:

  Section 9.2 – Equity in Hiring and Retention: Advancing equity in hiring and retention are aligned with the employer’s organizational priorities and support the employer’s broader commitment to race and gender justice. To that end the equity committee shall conduct an annual review and evaluation focused on:

A. Hiring processes and procedures;

B. Onboarding processes and procedures;

C. Professional development and career advancement for staff; and,

D. Retention.

As part of this annual review and evaluation, the equity committee shall hold at least one meeting where discussion of equity in hiring, compensation and retention is a significant agenda item. In addition to the results of the equity committee’s review and evaluation, the union may also once per year submit to Management, if they so choose, separate recommendations on equity in hiring, onboarding, staff development, and career advancement processes and practices.

If the union submits such recommendations, Management will provide a written response to the union within 30 days. After receiving that response, the union may request that the labor management committee discuss the response in one of its meetings. The labor management committee will conduct such a discussion at one of its meetings within 15 days of the union’s request.

Upon request, management will provide staff demographic data twice yearly to the union members of the equity committee to support the annual review and evaluation conducted by the equity committee.

Management will ensure that candidate interview panels for vacant bargaining unit positions will include at least one staff member who is in the bargaining unit.

Section 9.3 – Equity in Pay: Management shall conduct an annual review and report on pay equity, with a focus on race and gender data. Findings from the review and report will be given to all members of the equity committee so they may review and discuss the results and consider potential steps to improve pay equity in the workplace. A copy of the report, redacted to protect privacy, will be shared with the staff.

In addition to the results of the equity committee’s review and evaluation, the union may also once per year submit to management, if they so choose, separate recommendations on advancing pay equity. 

If the union submits such recommendations, management will provide a written response to these recommendations to the union within 30 days. After receiving this response, the union may request that the labor management committee discuss the response at one of its meetings. The labor management committee will conduct such a discussion at one of its meetings within 15 days of the union’s request.

• The organization strives to maintain a diverse staff and will actively recruit diverse candidates for bargaining unit positions. In conducting hiring for bargaining unit positions, the organization will abide by the terms of the anti-discrimination policy set out in its Personnel Manual and Program Policies, as well as applicable local, state and federal laws and regulations.

• Open Job Positions: When the Company seeks candidates for a vacant bargaining unit position not being created for a specific candidate or for purposes of promoting an existing bargaining unit employee, the Company shall set goals aimed at creating diverse candidate pools. The goal across all such vacant bargaining unit positions for which the Company is seeking outside candidates is a candidate pool, at a stage in the application process after the recruiter phone interview stage, that is comprised of, in the aggregate for each Pay Level, at least 40% of the candidates for roles at Pay Levels 3 through 6, and 50% for Pay Levels 7 and 8 (inclusive of active and passive candidates) from groups traditionally underrepresented in journalism (e.g., women, people of color, those identifying as LGBTQ+, people with disabilities, and military veterans). At each meeting with the Bargaining Unit Diversity Leadership Group Subcommittee, the Company shall provide the results for the roles closed in the prior quarter, so that the Committee can assess whether the above-referenced goals are being met. The Committee may also consider the demographic composition of each vertical as part of that discussion. If in a calendar year the Company is unable to meet that aggregate Pay Level goal of 40% for Pay Levels 3 through 6, and the 50% goal for Pay Levels 7 and 8, the Diversity provision of the Agreement shall be reopened for further bargaining over additional steps to meet the percentage goals and increasing the Bargaining Unit Diversity Leadership Group (DLG) Subcommittee budget. For purposes of calculating the 40% or 50%, as the case may be, applicants who do not self-report or prefer not to disclose shall not be included in the numerator or denominator. The Company shall maintain its current practice of encouraging applicants to self-report, in furtherance of the diversity objectives set forth herein.

• Open Job Positions

1. When the Employer seeks candidates for a vacant bargaining unit position not being created for a specific candidate or for purposes of promoting an existing bargaining unit employee, (a) the position will be posted for a minimum of two weeks, and (b) the Employer will ensure that it interviews at least two (2) candidates from groups traditionally underrepresented in journalism (i.e., women, people of color, or those identifying as LGBTQ+) prior to making a hiring decision. When a position is created for a specific candidate (i.e., when, prior to the creation, the position was not part of the Board-approved headcount), the Employer will notify the Union in writing after the employee has accepted the position as to the basis for the decision not to post and interview for the position.

2. The Employer will make a good-faith effort to circulate postings in a manner that assists in the recruitment of candidates from groups that have been traditionally under-represented at The Intercept and within the journalism industry.

3. A Diversity Committee representative shall participate on each hiring committee.

4. The Employer will maintain a list of open bargaining unit positions at the organization, a list of places where such open positions are posted or otherwise disseminated (e.g., websites, listservs, social media groups), as well as any planned recruitment for bargaining unit positions. These lists shall be available to members of the Diversity Committee.

• The parties will improve workforce equity by:

  • Providing education and training to hiring managers and interview panelists on importance of and how to utilize inclusive hiring and selection practices;

  • Ensuring staff reflect the diverse communities in which they serve;

  • Adding strong Racial Justice and EID statement(s) to all job descriptions and posting requirements;

  • Identifying job roles or segments of the workforce lacking diversity:

    • Create strategies to identify interest in and support mobility into those job roles; and

    • Develop strategies to increase talent pipelines internally and externally.

• Supporting workforce equity by:

  • Developing targeted [education] programs to help close representation gaps;

  • Creating programs to support employees’ mobility into an increased variety of job roles;

  • Piloting Workforce Development and EID programs with diversity objectives; and

  • Enabling employees to gain experience (on the job) needed for placement.

Anti-harassment and anti-discrimination provisions

• Nondiscrimination: The organization and the union agree that they will not discriminate against any employee by reason of race, color, age, sex, marital status, sexual orientation, sexual or gender identity, or creed, religion, ancestry or national origin, union activities, or any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification reasonably necessary to the normal operations of the organization.

• Workplace Harassment: This workplace harassment policy applies to all employees, interns, fellows and anyone else whom employees come into contact with related to the workplace. Harassment includes bullying, intimidation, direct insults, malicious gossip, and victimization. This agreement cannot create an exhaustive list, but the following instances are considered harassment:

• Sabotaging someone else’s work on purpose;

• Minimizing someone else’s contributions; degrading someone for making suggestions; preventing a co-author from sharing in outreach tasks after a release;

• Engaging in frequent or unwanted advances of any nature;

• Commenting derogatorily on a person’s origin or religious beliefs;

• Angrily confronting someone in the workplace, either in-person or online;

• Gaslighting or similar behaviors; habitual lying, especially about the conduct of Others;

• Calling meetings for the purposes of publicly humiliating someone or for the presentation of allegations publicly, or putting someone “on the spot” with malicious intent;

• Ridiculing someone in front of others or singling them out to perform tasks unrelated to their job (e.g. bringing coffee) against their will.

Management and union leadership shall seriously investigate any reports of harassment. If an employee is found guilty of sexual harassment, they will be terminated (See Section 4). The process for investigating other harassment follows the steps in Section 2 for just cause. Punishment for other harassment depends on the severity of the offense and may include counseling, reprimands, suspensions, or termination. Repeated instances of other harassment will progressively lead to more severe punishments.

• All negotiations unit members are protected by and subject to employer policies prohibiting discrimination, harassment, retaliation, workplace violence, sexual violence, relationship violence, stalking and related misconduct (as amended from time to time). A negotiations unit member alleging a violation of the above-referenced policies is encouraged to contact the Office of Employment Equity (“OEE”).

• There shall be no discrimination or harassment by the union or the employer against any member of the negotiations unit because of race, creed, color, sex, religion, national origin, ancestry, marital status, civil union status, domestic partnership status, familial status, age, autism spectrum disorder, disability or atypical hereditary cellular or blood trait, genetic information, refusal to submit to a genetic test or make available the results of a genetic test, veteran status, affectional or sexual orientation, gender identity or expression, membership or non-membership in or activity on behalf of or in opposition to the union, or any other legally protected status.

• Anti-Harassment: The Company shall provide a professional work environment for all bargaining unit employees in which sexual, racial, gender-based and other types of harassment shall be strictly prohibited. Accordingly, the Company shall continue to enforce all of the terms set forth in the [Employee Handbook] (last updated January 2, 2019) pertaining to such prohibitions (including, but not limited to, “Anti-Harassment,” “Anti-Harassment Training,” “Investigation Process,” and “No Retaliation”) (collectively, the “Anti-Harassment Handbook Terms”), and such terms shall be incorporated by reference herein. The Union shall be notified in advance of any material changes to the Anti-Harassment Handbook Terms during the term of this Agreement. Any changes to the Anti-Harassment Handbook Terms shall be incorporated by reference herein. Additionally, the following terms shall be applicable to all bargaining unit employees:

1. A bargaining unit employee who commences a claim under the Anti-Harassment Handbook Terms shall have the right to bring a Shop Steward or a Union-employed representative with them to meet with the Company to initiate the claim. Should the employee bring a Shop Steward to the initial meeting, there shall be no fact finding conducted at that initial meeting beyond the employee reporting to the Company the details of the claim, unless the employee chooses to continue the meeting without the presence of the Shop Steward. Subsequently, the employee shall have the right to be accompanied by a Union-employed representative at any meetings with the Company concerning the claim. The Company may require the Union-employed representative to sign a Non-Disclosure Agreement in that regard. Any Union-employed representative or Shop Steward who accompanies an employee initiating a claim, or any Union representative who participates subsequent to the initial meeting, may not be involved in any way in representing an employee against whom a complaint has been made.

2. The Company shall provide a written report within thirty (30) calendar days to a bargaining unit employee who initiates a claim covered under the Anti-Harassment Handbook Terms as to the outcome of the investigation. The Company may, in good faith, request additional time, up to an additional sixty (60) calendar days, to provide its written report. Such report shall also include what investigative actions (including any remedial actions taken in response to the claim) the Company is taking in response to the claim. The employee shall not publicly share this written report.

3. The time deadline for filing a grievance alleging a violation of the anti-harassment policy in Article 28 shall not apply; rather, grievances alleging a violation of the anti-harassment policy shall be subject to the legal statute of limitations applicable to such claims. However, such statute of limitation shall be tolled during any period of time when the Company intentionally withholds information relevant to the employee’s determination as to whether to file a grievance.

4. In the event that the Company determines to issue a public statement concerning a violation of its anti-harassment policy that involves an individual who regularly interacts with bargaining unit employees, it shall first provide reasonable advance notice of such action to the bargaining unit.

• To develop a better KP [Kaiser Permanente] culture and environment, we shall, among other things, do the following:

  • Pilot healing/restorative circles which are helpful for racial trauma/fatigue. These shall be accessible to everyone;

  • Enhance the current processes and make design improvements across the various employee complaint processes related to racism and discrimination;

  • Advance KP's value of creating a culture of speaking up and belonging through increased access to training of the national EID program Belong@KP, Leading with Emotional Intelligence and SpeakUp;

  • Make Belong@KP a part of new employee orientation within the first 90 days; and

  • Jointly develop goals, action plans, and accountability measures for completion of all EID trainings.

Trainings and addressing racial trauma  

• The employer shall also provide mandatory anti-discrimination and harassment training to their respective employees on at least an annual basis and will create and maintain anti-discrimination and anti-harassment policies. Such policies shall be provided to the union and distributed to all union employees no later than the first rehearsal.

• The employer and the union have a shared commitment to having an inclusive, respectful workplace. The concept of diversity is more expansive than legal protections. Valuing diversity means creating a workplace that respects and includes differences.

  In order to ensure respect for diversity, eliminate perception of discrimination, exclusion or disrespectful treatment, it is essential that all employees and managers develop competencies necessary to effectively raise and resolve issues.

  The employer and the union will jointly design an on-going, long-term program for the development and application of those competencies, at increasing skill levels. Training will be conducted regularly, for both existing employees and managers and future hires. The program will include issue-resolution mechanisms such as facilitation, follow-up, and monitoring, and a continuing forum in which diversity issues—whether between employees or between employees and managers—can be discussed and addressed.

  This process is not intended to limit the employer’s right to investigate complaints of discrimination or harassment and take appropriate action, or to limit the employee’s exercise of his or her legal rights or the union’s rights under the collective bargaining agreement.

• Management shall hold a minimum of two mandatory training sessions annually, one for all staff and one for supervisors and managers, focused on advancing race and gender equity. The equity committee will discuss, at least annually, recommendations for the content and design of the training sessions. Equity committee recommendations will be forwarded to the management representatives responsible for planning and implementing the training sessions. If it chooses, the union may also once per year submit additional training recommendations to management. If the union submits such recommendations, management shall respond in writing to any such recommendations within 30 days of receiving them. Newly hired staff will be furnished with training session materials as part of their onboarding materials. 

• The organization is committed to dismantling systemic oppression, and to that end will host at least one annual workplace training for all staff or provide other resources each year. Deviation from this schedule must be approved by the labor management committee. 

• We understand the need to engage employees based upon their experiences related to, but not limited to, race, microaggression, equity, etc. To develop a better [organization] culture and environment, we shall, among other things, do the following:

  a. Conduct listening sessions on paid time for all classifications (employees will have the opportunity to attend annually).

  i. Sessions will be held at least twice per year by trained facilitators; and

  ii. Sessions will include follow-up and action plans.

Diversity committees

• Diversity, Equity, and Inclusion Committee

1. EMPLOYER commits to the formation of a DEI Committee composed of individuals from a cross-section of departments within the organization.

2. The DEI committee will address issues of diversity, equity, and inclusion (e.g. recruitment, selection, retention, mentorship, training, advancement, accessibility) and how the EMPLOYER will implement such issues.

3. UNION MEMBERS will have representation on the DEI Committee and will choose their own members.

4. The DEI Committee shall meet as determined by the committee but no less than once per season.

• The parties share a commitment to diversity and inclusion. In furtherance of this commitment, the parties shall create a diversity committee within 90 days of the ratification of the agreement. The committee will consist of 6 members (three appointed by the employer and three elected by the bargaining unit). The committee shall meet at regular intervals, at least quarterly, to discuss such issues as recruitment, retention, advancement and mentorship, and the composition of the current employer workforce.  When the employer chooses to seek external or multiple internal candidates for open bargaining unit positions, consistent with applicable law, regulatory obligations and the employers policies (as defined further below), the employer shall make good faith efforts to (i) post such positions for a minimum of two weeks, and (ii) disseminate such postings and expand recruiting efforts to candidates from traditionally under-represented groups. Members of the diversity committee shall receive copies of these postings.

•  The employer will support and maintain a diversity committee to strengthen the employer as an organization and to align the employer’s mission with its internal policies and office culture. The goal of the diversity committee is to incubate leadership and empowerment among staff through participation in: 1) hiring that acknowledges the overcoming of struggles as assets, 2) recruitment that reflects the diverse composition of organization’s community, and 3) an emphasis on retention by promoting a respectful, safe, and supportive office culture. The diversity committee shall work in coordination with the HR director to plan trainings, events, and any other activities that further the goals. The HR director shall be allocated an annual budget to conduct such trainings, events and activities. The diversity committee shall be composed of at least four bargaining unit members and no more than two members of management. Each bargaining unit member shall be elected to a term of 12 months by the members of the bargaining unit. Only bargaining unit members no longer in the introductory period shall be eligible to serve as bargaining unit representatives. Although there shall be no quota of the committee membership, the composition of the diversity committee is intended to reflect the current staff, particularly program areas and positions. The diversity committee shall participate in job interviews as detailed in the Posting and Filling Vacant/New Positions section of this contract. Diversity committee members may participate in exit interviews when requested by bargaining unit members, in accordance with the Exit Interview section of this agreement, and use information gathered from exit interviews to promote policies and practices that would improve retention and further advance the goals of the diversity committee.

• Diversity committee: A committee on diversity, race, and gender shall be constituted within ninety (90) days from the date of ratification of this Agreement. The committee will be co-chaired by an executive manager or designee, and shall be comprised of six members of the negotiations unit selected by the union, and up to six members, including the executive manager or designee, who may or may not be members of the negotiations unit, selected by the executive manager, with representation from the three geographic areas of the employer’s offices. The union shall select a member of the committee to serve as co-chair. The ten members of the committee other than the co-chairs of the committee shall make recommendations to the co-chairs by simple majority vote regarding decisions on how to carry out its charge pursuant to paragraphs 3 through 6 below and decisions with respect to expenditures on diversity initiatives pursuant to paragraph 7 below. Those recommendations receiving a majority vote shall be made to the co-chairs, who must jointly authorize the implementation of such decisions and/or the expenditure of such funds. Any action by the committee must be in compliance with employer policy. Up to two attorneys from the executive management office shall serve in an advisory and non-voting role to the committee. The committee shall meet at least six times per year.

3. The charge to the committee shall be to recommend initiatives pertaining to diversity, including diversity training, recruitment, retention, mentoring, and professional development.

4. Annual Diversity Conference: The committee will plan an annual joint union/employer conference on issues confronting historically underrepresented employees in the industry across the United States.

5. Annual Report: The committee will produce an annual report of its activities along with plans and goals for the following year. 

6. The employer designee(s) shall meet with the committee twice annually to discuss the hiring and retention of a diverse faculty in connection with the employer’s Faculty Diversity Hiring Initiative. The employer shall provide to the committee a report on or about January 1 and July 1 of each year regarding the expenditure of funds from the $20 million employer’s Diversity Hiring Initiative established in 2019 by the employer for the recruitment and retention of a diverse faculty. The report shall identify in aggregate and non-personally identifiable format the employee hired and retained with the assistance or support of the employer’s Faculty Diversity Hiring Initiative.

7. The employer shall make available up to a maximum of $500,000, to be utilized during the term of this Agreement, to support the diversity initiatives set forth in Paragraphs 3 through 6 above.

• A. The parties share a commitment to diversity, inclusion, and equity. In furtherance of this commitment, the parties shall create a Bargaining Unit DLG Subcommittee, as a division of the Diversity Leadership Group (“DLG”). The Bargaining Unit DLG Subcommittee shall consist of up to five (5) Company representatives and five (5) representatives appointed by the bargaining unit, who must also serve on the DLG. The Bargaining Unit Subcommittee of the DLG shall meet quarterly, or more often as needed if requested by bargaining unit representatives, and convene its first meeting at the first DLG following ratification of this Agreement. The Bargaining Unit DLG Subcommittee shall discuss issues relevant to the promotion of a diverse workforce including, but not limited to, recruitment, retention, advancement, mentorship, the composition of the current bargaining unit, internal promotions, and compensation issues. In the event that the DLG is dissolved and not replaced by a similar Company-wide initiative with a substantially identical objective, the Bargaining Unit 3 Subcommittee shall continue and all of the terms and conditions of this Article shall remain in full effect.

B. The Company shall provide a quarterly report to the Bargaining Unit DLG Subcommittee with the following information: a list of open bargaining unit positions at the Company, and a list of places where Recruiting has posted, circulated or otherwise disseminated (e.g., websites, listservs, social media groups) open bargaining unit positions. The report shall describe any specific activities being undertaken to target recruiting applicants from groups traditionally underrepresented in the media. The Company shall allocate an annual budget of $50,000 to the Bargaining Unit DLG Subcommittee.

Hair and skin tone inclusivity

• The organization shall not discriminate against or harass any individual in employment because of race, color, creed, national origin (including but not limited to discrimination based on hairstyle and/or hair texture), sex, gender identity and/or expression, sexual orientation, political persuasion or belief, age, veteran status, religion, familial status, disability or any other characteristic protected by federal, state or local law.

• If a hair style requires services that may alter or harm the employee’s hair or skin (e.g., chemical permanents, relaxers, weaves, braids, bleaching), the employer will identify a licensed and qualified technician to perform those services and give the employee notice of the name and qualifications of the technician at least 48 hours in advance of any services. The employer and the employee, in consultation with the technician, will determine best practices for the upkeep and maintenance of the hair style and/or protection of the hair or skin.

Loan repayment programs

• Attorneys who are regular employees are eligible to participate in the employer’s Law School Loan Repayment Assistance Program. Upon receipt of satisfactory evidence concerning the existence and amount of loan obligations undertaken to pay for law school, the employer will pay up to $650 plus applicable social security payroll taxes, per calendar quarter toward the law school loan debt until the attorney reaches experience level 25 on the organization’s salary scale. For tax purposes, this reimbursement is additional employee compensation. The right to participation ends on the date the attorney reaches experience level 25 on the organization salary scale or when the attorney has paid off all outstanding law loans.

• Loan Repayment Assistance Program

 I. The employer shall establish a Loan Repayment Assistance Program (LRAP).

II. Upon application, the Employer shall make a quarterly/monthly payment on behalf of each employee to help defray the costs incurred by employees currently in repayment on student loans taken out to obtain a degree of higher education. Total payments each year should be calculated based on the greater of A. XX % of the employee’s total student loan balance, as of January 1 of the year in which they are applying for assistance, or B. $XXXX

III. Payment pursuant to this article shall be made quarterly/monthly directly to a verified student loan provider or servicer, or, upon presenting proof of payments made, as a reimbursement to the employee.

 IV. The Employer and the Union shall establish an LRAP committee, which shall be composed of an equal number of Employer and Union representatives. The committee shall establish procedures and forms to gather the appropriate information from employees in order to administer the LRAP.

 V. The Employer shall make pre-filled certification forms available for Employees wishing to apply for Public Service Loan Forgiveness or any other repayment plans or forgiveness programs that require employer verification. 

If you have any questions, please reach out to DPE Communications Director Katie Barrows at kbarrows@dpeaflcio.org or at 202-549-5991.

[1] U.S. Census Bureau. Current Population Survey Microdata. 2022. Retrieved from https://data.census.gov/mdat/

[2] Ibid.

[3] Stephen Miller, C. (2019, August 16). U.S. Companies Are Working to Fix Pay-Equity Issues. Retrieved July 08, 2020, from https://www.shrm.org/resourcesandtools/hr-topics/compensation/pages/companies-are-working-to-fix-

pay-equity-issues.aspx

[4] Gender pay gap. (2023, March 08). Retrieved November 06, 2023, from https://statbel.fgov.be/en/themes/work-training/wages-and-labourcost/gender-pay-gap

[5]E.U./U.S. - Gender Pay Data: Impact of European Laws in the US. (n.d.). Retrieved July 08, 2020, from https://www.americanbar.org/groups/labor_law/publications/ilelc_newsletters/issue-june-2018/eu-us-gender-pay-

data/

[6] Bessen, James E. and Meng, Chen and Denk, Erich, Perpetuating Inequality: What Salary History Bans Reveal About Wages (June 1, 2020). Available at http://dx.doi.org/10.2139/ssrn.3628729

[7] “The Simple Truth About the Gender Pay Gap, Fall 2019 Update,” American Association of University Women, https://www.aauw.org/app/uploads/2020/02/Simple-Truth-Update-2019_v2-002.pdf

[8] Salas-Betch, Isabella, “Five Facts from the 2022 Wage Gap Data,” Center for American Progress (20 September 2023), https://www.americanprogress.org/article/5-facts-from-the-2022-wage-gap-data/.

[9]  Labor force statistics from the Current Population Survey (2022), Table 11 “Employed persons by detailed occupation, sex, race, and Hispanic or Latino ethnicity,” Bureau of Labor Statistics. Available at https://www.bls.gov/cps/cpsaat11.htm

[10] Ibid.

[11]  U.S. Census Bureau. Current Population Survey Microdata. 2022. Retrieved from https://data.census.gov/mdat/.

[12] Dobbin, Frank and Kalev, A; Harvard Business Review. (2020, June 15). Why Diversity Programs Fail. Retrieved July 08, 2020, from https://hbr.org/2016/07/why-diversity-programs-fail

[13] See, e.g., Spencer, E. (2020, June 17). Former Pinterest Employees Allege Racial Discrimination, Unfair Pay And Hostile Culture. Retrieved July 01, 2020, from https://www.forbes.com/sites/erinspencer1/2020/06/17/former-pinterest-employees-allege-racial-discrimination-unfair-pay--hostile-culture/

[14] See, e.g., Nix, N. (2023, September 21). Ex-workers Allege TikTok’s Owner Retaliated After Racism Complaints. Retrieved November 20, 2023, from https://www.washingtonpost.com/technology/2023/09/21/tiktok-discrimination-eeoc-complaint-bytedance/; and Hamilton, M. (2020, June 12). Black attorney accuses ACLU of 'flagrantly racist policies' in discrimination lawsuit. Retrieved July 01, 2020, from https://www.latimes.com/california/story/2020-06-11/black-attorney-accuses-aclu-of-flagrantly-racist-policies-in-discrimination-lawsuit

[15] See, e.g., Edwards, B. (2020, October 23), “Black Employee Sues Boeing After Constant Racial Harassment, Finding Noose At Desk.” Retrieved November 20, 2023 from https://www.essence.com/news/curtis-anthony-south-carolina-boeing-racial-harassment/; Griffith, J. (2019, March 15), “African-American woman says Verizon coworkers left noose over her desk,” Retrieved July 01, 2020, from https://www.nbcnews.com/news/us-news/african-american-woman-says-verizon-coworkers-left-noose-over-her-n983451; and jennifer Y. Kim and Zhida Shang (December 2022), “No, I Do Belong: How Asian American and Asian Canadian Professionals Defy and Counter Workplace Racial Violence during COVID-19,” Journal of Management Studies. Retrieved December 1, 2023 from https://onlinelibrary.wiley.com/doi/10.1111/joms.12898.

[16] Charge Statistics (Charges filed with EEOC) FY 1997 Through FY 2022. (n.d.). Retrieved November 20, 2023, from https://www.eeoc.gov/statistics/charge-statistics-charges-filed-eeoc-fy-1997-through-fy-2022

[17] Maryam Jameel, J. (2019, February 28). Workplace discrimination is illegal. But our data shows it's still a huge problem. Retrieved July 01, 2020, from https://www.vox.com/policy-and-politics/2019/2/28/18241973/workplace-discrimination-cpi-investigation-eeoc

[18] Fixing the Flawed Approach to Diversity. (n.d.). Retrieved July 08, 2020, from https://www.bcg.com/publications/2019/fixing-the-flawed-approach-to-diversity.aspx

[19] Workplace Discrimination. (2017, July 06). Retrieved July 08, 2020, from https://www.prideatwork.org/issues/workplace-discrimination/

[20] Fixing the Flawed Approach to Diversity. (n.d.). Retrieved July 08, 2020, from https://www.bcg.com/publications/2019/fixing-the-flawed-approach-to-diversity.aspx

[21] Edward H. Chang. (2019, July 09). Does Diversity Training Work the Way It's Supposed To? Retrieved July 08, 2020, from https://hbr.org/2019/07/does-diversity-training-work-the-way-its-supposed-to

[22] Dault, J., Cioca, I., & Ouslis, N. (2018, February 21). “Does Diversity Training Work? Time for an Evidence-Based Answer.” Science For Work. Retrieved July 08, 2020, from https://scienceforwork.com/blog/diversity-training-effectiveness/

[23] Monica Anderson, “For black Americans, experiences of racial discrimination vary by education level, gender,” Pew Research Center (May 2, 2019). Retrieved November 28, 2023, from  https://www.pewresearch.org/short-reads/2019/05/02/for-black-americans-experiences-of-racial-discrimination-vary-by-education-level-gender/

[24] Danielle D. King, Abdifatah A. Ali, Courtney L. McCluney, and Courtney Bryant, “Give Black Employees Time to Rest and Recover,” Harvard Business Review (February 22, 2021), Retrieved November 30, 2023, from https://hbr.org/2021/02/give-black-employees-time-to-rest-and-recover

[25] http://www.diversegreen.org/wp-content/uploads/2017/05/BeyondDiversity_Report.05.24.2017.pdf

[26] Kalev, F., Williams, J., Thomas, D., & Harvard Business Review. (2020, June 15). Why Diversity Programs Fail. Retrieved July 08, 2020, from https://hbr.org/2016/07/why-diversity-programs-fail

[27] National Center for Education Statistics. from https://nces.ed.gov/programs/raceindicators/indicator_rfa.asp

[28] Hernandez Kent, A. and Addo, F. (2022, November 20). Gender and Racial Disparities in Student Loan Debt. Retrieved November 20, 2023 from https://www.stlouisfed.org/publications/economic-equity-insights/gender-racial-disparities-student-loan-debt.

[29] Cobb, K.,; Fillmore, J. (2020, January 21). Commentary: To build a more diverse workforce, companies should focus on tackling student debt. Retrieved July 08, 2020, from https://fortune.com/2020/01/16/diversity-in-the-workplace-student-debt/

I'm a Professional. What can a union do for me?

Joining with your professional colleagues in a union at your workplace offers many benefits. On the job, your union brings together the collective strength of you and your co-workers to insure meaningful negotiations with management for an equitable contract. Negotiations are not limited to wages and salaries, but can also include staffing and overtime, safety and health, cost of living raises, provisions for continuing education, adequate pensions, vacations, equitable promotion systems and transfer policies, and a workable grievance system. Through your union, you and your colleagues oversee carrying out the provisions of the contract.

We answer some other common questions about unions for professionals:

Why would professionals want or need a union?

Professionals are employees who have the same problems as other employees. Every Registered Nurse or engineer, for example, needs good working conditions to do her or his job well: sane hours, a manageable workload, a decent wage, guarantee of fair benefits, protection from unjust treatment, respect, and recognition of skills, education, and expertise. Many professional employees lack control of their work lives. In non-union environments, most decisions concerning wages, benefits, and working conditions rest solely with management. This structure leads to conflict between professionals concerned about the quality of their work and human resource managers more concerned with the bottom line. In many instances, professionals turn to unions to support their efforts and advocate on their behalf.

But isn’t it “unprofessional” to join a union?

Over six million doctors, lawyers, pharmacists, professors, news reporters, broadcasters, actors, engineers, accountants, school teachers, nurses, and people in nearly every other profession are union members. These skilled and highly trained professionals chose to work together through their unions to gain a voice in decisions that affect them and improve their workplace. Nothing could be more professional.

How effective are unions at improving wages and benefits?

Women and men who are represented by unions bring home more money than non-union employees. This “union advantage” — more money in union members’ paychecks — exists in almost every occupation, from service and factory workers to clerical and professional employees. The union advantage is possible because employees have more bargaining power when they join together.

Union members are also much more likely than non-union members to have an employer-provided healthcare and pension plan.

How about benefits — are they any better?

Union members usually have much better benefits – one of many advantages of the collective bargaining process:

• As of 2023, 94 percent of union members had access to an employer-provided health care plan, compared with only 81 percent of non-union employees.

• Union members are far less likely to have to choose between caring for their health and losing their jobs. In 2020, 87 percent of union members had paid sick leave, compared to only 74 percent of non-union workers.

• On retirement benefits, union members are much more likely to enjoy a secure retirement. In the private sector in 2022, 93 percent of union-represented workers had access to a retirement plan, while only 67 percent of non-union workers had access to one. The majority of union members participate in defined-benefit plans. Because union members are better paid during their working years, they earn larger pensions — and have a better chance to save for retirement.

Source: U.S. Bureau of Labor Statistics and U.S. Census Bureau.

What about job security — do unions make a difference?

Unions protect employees from arbitrary employer actions relating to discipline and dismissals. That protection makes jobs better and often leads union members to stay at their jobs longer than non-union workers.

What can a union offer me on things like working conditions and hours of work?

Union contracts often provide for fair and flexible working hours, better pay for overtime and work on evenings and weekends, more paid holidays, paid family and medical leave, and employer help with child care and elder care. With today’s unions, professionals have a better chance to improve their pay and achieve work-life balance. Specific examples of what professionals have achieved with their voice in the workplace through their union can be viewed here.

Won’t a union stifle individual achievement with things like raises and promotions determined solely by seniority?

With collective bargaining, management and the employees must agree on the mechanisms to be used and standards to be employed in determining pay and promotions. Professionals may bargain for any viable wage and promotion system they believe best suits their profession and employment, including minimum salaries, cost of living increases, performance increases, bonuses, and merit pay.

Would having a union mean that poorly performing employees have more protections?

Union representation does not prevent management from disciplining or terminating poorly performing employees. Union representation only requires that management follow procedures outlined in the collective bargaining agreement pertaining to employee discipline or termination—procedures that management agreed to. Discipline and termination provisions exist solely to prevent arbitrary and unfair treatment by management.

No one benefits from poorly performing employees in the workplace, especially their colleagues.

What guarantees do I have that my union leadership won’t commit me to follow rules that I don’t agree with?

There are no guarantees that you will agree with everything contained in a union contract, just as there are no guarantees that you will agree with everything contained in the employee handbook. However, there are ways to ensure the union contract is serving members. First, a contract must be approved by a majority vote of the union members in the bargaining unit. Second, the union officers who negotiate the contracts that are voted upon by members are elected by the members they serve, with elections happening at least every three years.

As a professional, will I lose individual rights if I join a union?

No and in fact you have more rights. In a non-union workplace, management retains the legal right to make all decisions regarding the workplace. Benefits — including pay, pensions, healthcare, severance, vacations, and holidays — can be arbitrarily cut without notice to the employees. With a union, benefits and other working conditions cannot be changed at the whim of a manager or upper management.

Will having a union make my employer less competitive?

Unions do not ask for more in a contract than an employer can afford. They know the worst disservice a union could do to its members is to make the employer less competitive. Many of the world’s largest and most successful businesses are unionized.

As a professional, my training leads me to try to solve problems. Does the collective bargaining process always have to be adversarial?

No, it doesn’t and is often not adversarial. The vast majority of contracts between professionals and management are negotiated civilly and professionally. Labor-management cooperation is the norm and many successful examples exist. For example, national unions representing 150,000 front-line caregivers in 31 union locals bargained collectively with Kaiser Permanente, one of the nation’s largest healthcare providers. Their agreement gives front-line healthcare workers a greater voice in the crucial decisions affecting the quality of patient care at Kaiser facilities.

Does being “pro-union” mean that you are “anti-management?”

Being pro-union helps create stronger employers! Unions want the employer to be successful, and it is not ungrateful or disloyal to want a voice in our workplace. If you work in the private sector — and increasingly in the nonprofit sector — your Chief Executive Officer (CEO) has a contract that spells out to the letter his or her salary, bonuses, severance package, and other benefits. No one questions the loyalty of the CEO to the organization, so why should it be any different for the professionals who work there?

Are unions democratic?

Unions are among the most democratic institutions in our country. The choice to sign a representation card indicating interest in the union is left solely to the individual. That individual may decide to vote yes or no for union representation in a government-supervised election process or sign a card for an employer to count. If a union is voted in, the represented members decide as a group what to propose in bargaining. The represented members decide which co-workers will be on the negotiating team. Each person in the bargaining unit votes on whether ratify the contract. The represented members vote on who will be workplace representatives and who will be the officials of the local union. At every level, the professionals represented by a union shape and guide it.

What’s a local union?

The United States has a national government, but many of the decisions that really affect everyday life are made and carried out on the state or local level. This is even truer of a union. The national union oversees national operations, but the Local Union assists professionals who want to organize, assists organized bargaining units in bargaining, and helps to track and administer contacts. Decisions regarding local issues are made by the grassroots membership at the local level and not dictated from on high.

What is a union security clause?

This means that all employees in the bargaining unit must share in the cost of union representation. It is a standard part of most contracts. It enables the union to bargain from a stronger position, which benefits all employees. Ultimately, the members decide whether or not this protection is part of their collective bargaining agreement.

How does a union’s involvement in politics benefit me?

Today’s unions help professionals make their voices heard in their communities and across the country. Through their unions, professionals are able to speak with a unified voice in Washington, D.C. and state and local government, so they can influence issues and legislation that impact their industry and profession. Unions listen to members about their concerns, inform members about current issues, and let members know whether their public officials are helping or hurting working people.

Want to hear directly from union professionals who have joined together in union? Visit our page that features videos of professionals discussing the union organizing experience.

If you have more questions about the ways a union could benefit your workplace, contact DPE at info@dpeaflcio.org.