As of midnight on July 1, the one-year collective bargaining agreement forged during a global pandemic expired. Working without a contract is quite rare in the history of the NMU-AAUP, so we have sought legal counsel on key issues to help provide some guidance during this uncertain time.

• Under Michigan law, the terms and conditions in our expired contract have to be maintained as part of a status quo. This means all wage and benefits continue on as previously articulated in our 2020-2021 contract as long as we are doing our job. This also means procedures regarding self-governance and promotion and tenure still continue on as they were.
• They could possibly take away our email and free internet access. In most cases, they should continue.
• We cannot engage in arbitration during a contract gap, but we can still engage in mediation. In arbitration, both parties give the power to decide the dispute to the arbitrator. In mediation, the mediator has no power to impose a resolution, other than the power of persuasion.
• Any salary or benefits we negotiate in the interim between July 1 and the ratification date would not be retroactive. For example, if we negotiated 2% pay raise for ratified and the board approved on September 1, we would not receive the portion of our pay raise for the period between July 1 and Sept. 1.
• If health insurance costs increase during the interim period, we would be responsible for paying this out of pocket.
• They still have to pay us the wages under the 2020-21 contract as long as we are showing up for work.
• They can only claim an impasse if our teams are not moving toward an agreement.
• If an impasse occurs, the duty to negotiate is suspended, and an employer is permitted to unilaterally implement the terms of its final proposal. They can implement any changes to working conditions that it had proposed to the union during negotiations without the union’s approval.
• The Board can order HR to stop collecting dues payments for the union.
• It means the administration cannot just start firing people. Employees are not subject to termination or interference because there is no CBA in place. They should report to work as directed.

I hope this helps you understand what we are facing during this period. We will continue to work toward a new CBA, and we ask for your patience and participation in this process.