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Employee Questions
The questions below were submitted through this website by WillScot employees. Thank you to everyone who took the time to share your concerns and interest in this issue. We hope the questions and responses below help employees make an informed decision. We will continue to respond to questions and post answers here in the coming weeks.
Typically, a union has no say in hiring decisions for an employer. However, a union can attempt to negotiate during bargaining to require the employer to fill openings from “the bench.” The “bench” is typically made up of unemployed union members.
However, as we have discussed previously, the collective bargaining process is unpredictable. There is no way to know what will be in a final agreement. Just like you could end up with less, more or the same as a result of collective bargaining; requirements to utilize the bench or not can’t be predicted.
Typically, however, most contracts include “Management Rights” clauses that allow the employer the exclusive right to manage and run the business, and make decisions about things like hiring and firing. The best way to avoid the uncertainty that comes with a union is to vote NO in the NLRB election on Thursday, June 26, 2025.
Employees would not start over with WillScot as new employees if the union were voted in, but you could be significantly impacted if the union chooses to base seniority on your time in the union rather than your time at WillScot. Unions negotiate contracts with employers and define seniority for themselves. With most unions, seniority is key, which may be great for the employee who has worked at the company a little longer than you have, but maybe not for you. Under common union seniority provisions, preference for things like job assignments, shift preferences, promotions, time off, training, and layoffs, would go to the most senior person on the team first, even if other non-union employees at WillScot have different policies and practices. As a reminder, during contract negotiations, there’s no telling what the union might ask for and what WillScot might agree to. You could get more, less, or the same under a labor contract compared to your current terms and conditions of employment. The only guarantee is that you would have to pay dues to the union in addition to other expenses.
General
A union is a business. All businesses require revenue. For a union, its primary revenue sources are member dues and fees. Members pay for the union to negotiate a collective bargaining agreement, also known as a labor contract. Even though members pay for this service, unions do not have to uphold promises made during a campaign.
Yes, union organizers are like the sales team of a business. Their job is to generate new business. Once employees join the union (or the sale is made), the organizers typically hand off the business to a representative to negotiate the contract. That person may or may not be aware of promises made during the campaign and is not obligated to keep any of them.
A union is allowed to make any promises it would like during a campaign, but it cannot guarantee anything – wages, benefits, or that the terms and conditions of employment will improve. No one knows what will be in a collective bargaining agreement ahead of time, and neither party can simply demand things from the other party during bargaining.
There is no way the union can guarantee that things will only improve. You may end up paying dues whether or not you like the terms negotiated in the labor contract.
It’s not that easy. Once elected, it’s a difficult and lengthy process to decertify or remove a union, regardless if you like the terms negotiated. There are specific timeframes when you can attempt to remove a union. Also, WillScot and its leaders are not legally allowed to help employees with this process.
Dues
You can be forced to pay dues or agency fees in non-right-to-work states like Illinois if a union negotiates a “union security” or “agency shop” provision into the contract. If a union were to be voted in, you would have to live with any terms and conditions of employment, like pay, shifts, schedules, benefits, that are negotiated for your position, if it is covered by a union contract.
IUOE local 150 union dues are generally 3% of a member’s gross pay per month.
A union determines the amount it charges members and has the right to increase dues at any time. Dues amounts are not negotiated, and WillScot would have no say in what the union charges.
Typically, when a union is newly elected, members will be required to pay dues after a collective bargaining agreement or labor contract is reached.
Yes, unions usually have a constitution and bylaws that members are required to follow. Not following the rules outlined in those documents can result in additional fees and assessments beyond monthly union dues. Before considering whether or not to elect a union, it’s important to read those documents so you are aware of the rules you would be expected to follow.
Collective Bargaining
Collective bargaining is the back-and-forth process between a union and employer to try and reach an agreed upon labor contract, also known as a collective bargaining agreement.
According to an analysis by Bloomberg Law, it takes an average of 465 days to reach a first-time labor contract. While waiting for a contract, the employer must legally keep the status quo, meaning wages, benefits, and terms and conditions of employment generally cannot be changed.
The union can’t guarantee anything except the right to try to negotiate a contract. A union can ask for anything during contract talks – but there is no guarantee those items will actually be agreed upon or included in the contract. A union can only obtain what the employer is willing and able to give.
That is decided through a back-and-forth negotiations process between management and the union. There are no guarantees. A union can only achieve what the employer is willing and able to give.
The only topics that must be bargained are pay, benefits, and terms and conditions of employment, such as working hours, seniority, scheduling practices, promotions, transfers and grievances. These topics are mandatory to discuss if one party brings them up and would likely be negotiated.
No. Like most negotiations, the process is two-sided and neither side is legally required to accept the other side’s demands. WillScot can agree to or decline any union demand.
With collective bargaining, things can get better, worse, or stay the same. The National Labor Relations Board’s case law states: “Collective bargaining is potentially hazardous for employees, and as a result of such negotiations, employees might possibly wind up with less benefits after unionization than before.” (228 NLRB 440).
No. The employer generally must maintain what the law calls the “status quo” – which means that most issues – including changes to wages and benefits – cannot be changed without agreement unless the change previously was planned or is part of a practice.
No. Collective bargaining occurs between the union and employer. Each party may have a bargaining committee. The union’s bargaining committee could consist of a few members of the bargaining unit. These members can push to have the union focus on their priorities, even if they don’t align with yours.
No. Once a union has been voted in and a labor contract has been negotiated, you cannot opt out of the contract – even if you don’t like the terms, never supported the union, voted no in the election, or don’t want the union.
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