Myth vs Fact. Clarifying Misinformation from Administration

Myth #1: The college has no choice but to involve the NLRB in order to recognize WCWU.

Fact: The college does not have to go through the NLRB to recognize WCWU voluntarily.

In her 3/16 address, President Bolton said, “Neither the college nor any union at Whitman has the option to not work with the NLRB, both during the process of recognition and (if a union is recognized) in ongoing work.” This is false. In fact, the NLRB itself has published guidance for employers seeking to voluntarily recognize unions without involving an NLRB hearing or election. Not only is voluntary recognition legal, according to the US Department of Labor,

“Voluntary recognition is a way of respecting your employees’ choice to form a union and have collective bargaining representation based on a showing of majority support and without a formal election. While employers are generally not required to provide this recognition, a growing number of businesses are doing so.”

By choosing to file a RM petition and hiring lawyers to challenge more than half of our unit membership in the context of an RM petition, the administration is refusing to meet the demands of the overwhelming majority of faculty and staff who have asked them to work with us directly and bargain together in good faith.

Myth #2: The administration is the sole determiner of who is a supervisor at Whitman.

Fact: In the context of union composition, the administration can’t unilaterally decide who is classified as a supervisor.

In her 3/16 email, President Sarah Bolton claimed that the college chose the NLRB’s process over voluntary recognition to ensure that “…every union-eligible employee has the opportunity to express their perspective,.” But the keyword here is “union-eligible.” As members of WCWU, we are not opposed to a secret-ballot election as a concept—but we are concerned because the administration is challenging the eligibility of about 175 WCWU members to be allowed to participate.

When we all signed cards to authorize our union, our organizing committee confidentially surveyed all of the roughly 300 non-tenure-track faculty (NTT) faculty and staff who we believe are eligible for union membership via voluntary recognition. We proposed working together with the administration to mutually decide on a neutral mediator (not a federal NLRB agent) who would confidentially verify the outcome of the authorization vote and inform the administration that a supermajority (70%) of those surveyed had voted “yes” to form a union. Unfortunately, rather than meet with us directly in a neutral space, management decided to file a Representation Management (RM) petition that would force a federal hearing with lawyers to determine our unit composition under biased circumstances.

While administration has made recent moves to claim that about 100 WCWU members are managerial because of their working relationship with student employees, they are not the sole arbiter of who is a supervisor or not. Whether or not the NLRB is involved, both the union and college management must reach a mutual agreement on union eligibility before a neutral card check or secret-ballot election would be conducted.

Myth #3: The college must adhere to NLRA/NLRB precedent, even in the case of voluntary recognition.

Fact: NLRA/NLRB eligibility precedent would not apply in the case of voluntary recognition.

President Bolton states “The NLRB … has longstanding rules as to who can vote in union elections. The college is required to follow the NLRB's rules and procedures now and in the future.” Although this statement is technically true, it also obscures some important facts and could be misleading.

While the NLRB sees thousands of cases every year, Representation Management (RM) petitions like the one that Whitman filed are rare: according to NLRB data, RM petitions occurred in just 237 cases in 2025 Nationwide, with just 91 of those resulting in an NLRB election. This is compared to 2100 Representation Certification (RC) petitions (petitions filed by unions requesting an election), with 1405 of those resulting in a secret-ballot election. This means that just 6% of secret-ballot elections occur as a result of RM petitions. In contrast, the US has seen a wave of unions and employers opting for voluntary recognition, with hundreds of businesses opting for the more cooperative and “labor-friendly” option of recognizing unions voluntarily.

If an election administered by the NLRB were to take place, it is true that the administration would be bound by certain NLRB procedures. However, under voluntary recognition, no NLRB election would need to take place. In that case, the same federal rules and case precedent regarding eligibility would not apply, since there would be no NLRB election to apply them to.

There are hundreds of examples of voluntary recognition being an excellent choice for employers and employees, even in cases where the NLRB would not have recognized everyone in the union. For example, although religious institutions are exempt from NLRB jurisdiction, a private religious college may choose to voluntarily recognize a union certified by the NLRB or an independent adjudicator. This has been the case at dozens of private religious colleges across the US, including St. Louis University Graduate Students and Adjunct Faculty, Fordham University NTT Faculty and Graduate Students, and Loyola University Chicago NTT Faculty and Graduate Students.Salaried lecturers and tenure-track faculty have also won union recognition at private colleges despite specific NLRA/NLRB exclusions: this has been the case at Bennington College (also an AFT-affiliate union), Duke University, the University of Chicago, and dozens more private colleges across the US.

Myth #4: Voluntary recognition is complicated, illegal, or obscure.

Fact: Voluntary recognition is simple, legal, and clearly defined.

The steps of voluntary recognition are outlined below:

1. Both the employer and our union agree on a neutral third party (such a paid mediator, clergy, or trusted community member) who would confidentially count and verify our authorization cards, which assert majority support to form our union, WCWU.

2. Both parties work together and come to a mutual agreement on the composition of the unit. Both parties take into account extenuating circumstances so that all staff and contingent faculty are represented, while those who genuinely occupy positions in management that present a conflict of interest are excluded.

3. Both parties proceed to bargain in good faith for a fair contract.

Voluntary recognition is the best procedure for everyone to be included in WCWU. Not only is it legal, but it is also a commonly held practice, embraced by other private colleges across the nation, such as Bennington College, New York University, Georgetown, and St.Louis University.

Myth #5: The NLRB is always neutral on political and labor issues.

Fact: NLRB case precedent in 2026 is generally biased in favor of employers.

It is no secret that under the Trump administration, the NLRB has been defunded and compromised in major ways. Unfortunately, we know that the NLRB has tended to be biased toward employers even before President Trump took office. Over the years, union-busting companies like Starbucks and Amazon have devoted billions of dollars toward litigating cases that undermine the statutory eligibility of workers at private companies and institutions to be part of unions. As the PRO Act continues to stall in Congress, even the union-busting Taft Hartley Act of 1947 continues to impact NLRA/NLRB precedent in fundamental ways. All of this has contributed to a highly regressive precedent that excludes many workers on very broad interpretations of “supervisory” status. With a well-staffed and labor-friendly NLRB, we might hope for a fair process by which we could overturn or challenge some of these adverse cases. However, the administration knows that this is very unlikely under Trump’s NLRB. Nevertheless, we believe all workers at Whitman who do not occupy genuinely managerial positions should be included as part of WCWU – that’s why we called on the administration to voluntarily recognize our union rather than rely on biased federal precedent.

In President Bolton’s address, she states that, “the NLRB election process has been in place for more than 75 years [...] as a respected neutral process for determining how employees in the private sector can select union representation.” However, she does not say that this is the only process. That is because voluntary recognition is a perfectly legal way for employers and unions to negotiate. Additionally, voluntary recognition through a neutral card check is confidential and respects the rights of employees to self-organize and form their own union, without involving a federal agency. Instead, the administration purposefully chose to pursue an NLRB election, because they knew that NLRB precedent might exclude many faculty and staff from union membership who might otherwise be included under voluntary recognition.

Myth #6: Regional offices of the NLRB are unaffected by the Trump administration.

Fact: NLRB offices at every level have been deeply affected and compromised by Trump, DOGE, and adverse precedent.

President Bolton claims that the regional offices in Seattle are unbiased and unaffected by the federal cuts. But even at the Seattle regional office, the NLRB is a federal agency; the regulations and procedures upheld by regional offices remain bound by nationwide federal policies. It is not the location of the office, but the case precedent of the administration that causes concern about eligibility under an NLRB ruling. What’s more, staffing levels and operations have been deeply disrupted by Trump and DOGE at all levels. The administration knows that an NLRB mediator could take the side of the employer due to adverse precedent and executive influence affecting all levels of case procedure.

However, just because the NLRB precedent doesn’t explicitly grant certain workers the statutory right to be part of their union, this doesn’t mean there are any laws preventing the college from voluntarily recognizing those rights on their own. Under voluntary recognition, members of our union would meet with our employers face-to-face, to discuss and negotiate a mutual standard of eligibility and come to an agreement through open and transparent bargaining, without involving the federal agencies at all. Voluntary recognition of student-employee supervisors and NTT faculty is legal, simple, and demonstrates a good-faith commitment to employees’ collective bargaining rights.

Myth #7: WCWU declined to meet with the administration.

Fact: We asked for a longer meeting, for President Bolton and a representative from AFT to be present, and for the meeting to be held in a neutral space.

Administration claims that we “declined” a meeting regarding their decision to approach an NLRB election, but that just isn’t true. Most of us assumed that the college would respond in kind to our proposal of a good-faith meeting about voluntary recognition. Instead, the college requested a constricted fifteen minute meeting behind closed doors, without AFT representation, and with the contents of that meeting withheld. We countered with a proposal for the meeting to be held in a neutral, common space, to invite an AFT representative and President Bolton, and that the length be extended to allow for productive conversation that valued an exchange of ideas. In response, the college sent notice of filing for an RM petition in place of a meeting.

Myth #8: Union negotiations mean the employer is not allowed to discuss working conditions with employees.

Fact: The administration and the Board have the authority to discuss and bargain with WCWU over working conditions at Whitman.

President Bolton has claimed that the administration is unable to discuss budgetary matters and working conditions at the college during the course of a recognition petition or bargaining. However, this is not true. While workers are granted certain protections against direct dealing, President Sarah Bolton retains the authority to announce planned changes to employment and discuss terms of employment with the collective body of employees. In fact, an employer is bound to discuss and negotiate certain topics in the course of bargaining: compensation, healthcare, and reduction-in-force (RIF) protections are among mandatory subjects of bargaining, and we intend to bargain over these issues. President Bolton has full authority to recognize WCWU, appoint a bargaining committee, and meet at any time in open bargaining sessions with the collective body of WCWU to negotiate ongoing working conditions. Only by having a seat at the table can we address these ongoing issues through open and transparent collective bargaining.

Myth #9: Our union is nothing more than a legal process enabling a third party to represent us.

Fact: Our union is an organized movement led by Whitman workers, not a legal procedure or a third party.

President Bolton has said, “Establishing a union is a formal and legal process whereby a group of employees become represented by an outside organization.” By saying this, President Bolton is unfortunately “third-partying” our union. As faculty and staff at Whitman college, we are our union! That’s why we voted to name our union Whitman College Workers United. Our organizing committee of fellow staff and faculty have chosen to affiliate with AFT Washington so that we can join in solidarity with thousands of other higher-ed union members across the state, not to be “represented by an outside organization.” By coming together and forming our union, we are representing our own needs in a collective voice. By voting to affiliate with other union members as part of AFT Washington, we are joining a growing labor movement and building solidarity networks that we can contribute to and rely on in times of need.

Myth #10: The college must employ union-busting law firms because of AFT.

Fact: Unfortunately, the college administration employs lawyers from firms known for promoting union-busting tactics, rather than working with us directly.

President Sarah Bolton has dismissed claims that the administration has hired a union-busting lawyer to litigate against Whitman’s employees. However, the administration does work with lawyers from Miller Nash LLP, an extensive regional corporate law firm comprising almost a hundred partners. According to Miller Nash, they represent employers in matters of employment law and labor relations. On their page, Miller Nash advertises that “Miller Nash's labor and employment attorneys help employers develop strategies to deal with an already unionized workforce or support efforts to remain union-free.”

According to Glassdoor, Miller Nash Partners like the college’s lawyer, Michael Porter, are paid between $193K-$341K/year. Porter is known for litigating high-profile cases against employees. On his page, he touts his experience defending representation petitions “keeping employees outside scope of bargaining unit.” He also touts his experience litigating to dismiss lawsuits brought against employers “asserting disability discrimination, workers’ compensation discrimination, and violation of whistleblower statute,” and in one case “obtain[ed] just-case dismissal” in a wrongful-termination dispute “despite lack of progressive discipline.”

President Bolton has said, “because the WCWU chose to be represented by the AFT, they may engage legal representation by the AFT's attorneys and AFT has resources for these purposes.” It is true that as members of an affiliate union of AFT WA, we can hire lawyers to help with legal advice and representation during hearings. As President Bolton points out, anyone who works for a union is paid by membership dues, voluntary contributions that union members pay as a portion of wages in order to resource and strengthen our unions both locally and nationally. This means that by hiring lawyers to litigate these issues in federal hearings, the administration is consuming not only college resources but workers’ membership dues as well.

That’s why, rather than litigate these issues by employing expensive legal counsel, we asked our employer for voluntary recognition, calling on them to directly to meet with us and negotiate in good faith over the issues affecting the Whitman community which have brought us to this point.

Myth #11: Unions create fewer jobs, red tape, and adversarial relationships between employers and employees.

Fact: Union workplaces tend to have higher wages, more transparent participation, more stable employment, and higher job satisfaction.

Many of us are worried about our compensation, our benefits, and our jobs. That’s why we’ve formed a union in the first place. It is deeply disheartening that the administration has chosen to continue making staffing and budgetary decisions without our input. We, the workers of Whitman College, have asked that such decisions not be made until we had an opportunity for meaningful, good-faith negotiations.

In the best cases, employers and employee unions bargain together in good faith. Union contracts create stable working conditions that benefit employees, supervisors, and the mission of the college. That relationship can be cooperative, not adversarial.

Studies by the Economic Policy Institute show “the correlation between higher levels of unionization in states and a range of economic, personal, and democratic well-being measures.” On average, “a worker covered by a union contract earns 10.2% more in wages than a peer with similar education.” Across all industries, unions tend to reduce wage gaps, strengthen health and safety, and increase civic engagement and broader community benefits. Unions promote economic equality and build worker power, which is good for workers and whole communities.

Myth #12: At the end of the day, our union just wants a signed card.

Fact: We are our union. We have voluntarily signed cards as a first step to making positive change by having our union recognized.

In the days surrounding Whitman’s Power and Privilege Symposium, hundreds of staff and NTT faculty connected with one another in a community of care: sharing support, making connections, and offering information and impassioned reason. Together, we rallied in support of forming WCWU and signed on to formalize our collective voice in an overwhelming majority.

Signing a union authorization card is a voluntary choice protected by labor law. Nobody should sign an authorization card unless they want a union; it is our choice, and our choice alone. Additionally, if any employee decides to withdraw their card prior to a card check procedure, they can do so by delivering written notice to wcworkersunited@gmail.com; and, if cards have been filed, to the NLRB regional office. By the same token, if you have not signed a union authorization card and would like to, or if you have any questions about signing, please send an email to: wcworkersunited@gmail.com and we can respond and get a card for you to sign!