How To Form A Union Where You Work: 13 Steps

2024 Author: Samantha Chapman | [email protected]. Last modified: 2023-12-17 09:13

So are you tired of being undervalued and underpaid? Do you want to have the opportunity to express yourself in the workplace? Well, trade unions exist for this very reason. Generally, thanks to the action of trade unions, it is possible to obtain salary increases and guarantees, better safety at work and more favorable agreements for members through collective bargaining with the employer or entrepreneur. However, since all this usually involves an increase in expenditure for the owner of a business, managers can reject the attempt to organize staff. Read, therefore, the following instructions, if you intend to wage your fight for the benefit of your rights as a worker.

The following is contextualized mainly in the context of the US labor legal system. However, beyond the cases in which reference is made to specific bodies and regulations having the force of law in the United States, in general the information provided can be considered useful even outside that context

Steps

Part 1 of 3: Opt for an informed choice

Step 1. Understand how a union works

In the United States, trade unions are a divisive issue. While some regard them as the only organizations capable of fighting for the rights of ordinary people, others discredit them as bastions of corruption and laxity. Before attempting to form a union, it is important to understand objectively how they work - without any preconceptions regarding both favorable and unfavorable views.

• In a union, employees of a company agree to join together (either on their own or with employees of other companies) in order to collectively negotiate a number of certain things - higher wages and salaries or better working conditions, for example.. If a sufficient number of people in a company agree to join a union and the union is officially recognized, the employer is legally obliged to negotiate a contract with the union representing all workers, instead of doing it with every single employee., as usually happens.
• Workers who join trade unions have greater bargaining power than they do individually. If, for example, one of them without the protection of a union demands a higher salary or more advantageous treatment, it is often ignored - the worst case scenario is the employee's resignation forcing the boss to hire someone else. If, however, the workers decide to interrupt the activities (in an action called "strike"), unfortunately the owner of the company has no opportunity to continue the regular performance of the work.
• Finally, union members must pay "dues" - which will be used to carry out union activities, to pay pensions, organizers and lawyers, to put the necessary pressure on the government in favor of a policy based on work, and to create a "strike fund" capable of supporting workers when they lose their wages during a strike. The amount of the fees varies according to the decision taken by the members or the management, based on the more or less democratizing orientation adopted by the union. The union objectives focus on increasing salaries and improving working conditions in the face of employee registration fees.

Step 2. Know your rights

Often the top management of a company will try to discourage the formation of a trade union, highlighting the differences in wages and better working conditions between registered and non-registered workers. It is important to know your rights when you come to form a union, so that you can protect yourself and, if necessary, reject any wrongdoing by your employer.

• In the United States, the National Labor Relations Act (NLRA) details the rights of union members, as well as prospective members. Most courts have ruled that Section 7 of the NLRA dictates the rules that have the force of law, including:

  • Employees can discuss the idea of forming a union and distributing publications during breaks at work and in places not designated for work - such as, for example, in rooms assigned to breaks. They can also show their union commitment by wearing clothes, pins, accessories, etc.
  • Employees can ask other colleagues to sign petitions regarding union formation, grievances, etc. They can also ask the business owner to recognize such petitions.

• Additionally, most courts agree that Section 8 of the NLRA provides the following safeguards:

  • Employers cannot offer raises, promotions or other incentives to employees, as long as no union is formed.
  • Employers cannot stop working or transfer it elsewhere due to the formation of a trade union.
  • Employers cannot dismiss, downgrade, harass, reduce wages or otherwise punish employees for forming a union.
  • Finally, employers cannot threaten to do any of the aforementioned acts.

  

  Step 3. Don't believe commonplaces

  Since it is difficult for a principal to legally inhibit the activity of a union through direct intervention, many will resort to false myths, distortions and lies to dissuade employees from joining a union. If your boss makes any of the following rumors, be careful to acknowledge their groundlessness and notify your colleagues:

  • Union dues are useless. In fact, union dues are a resource for acquiring greater bargaining power, in order to obtain salary increases and improve working conditions in the face of the payment of registration by workers. Members also establish a system for regulating union dues and must vote on any changes related to this. Dues are not paid until the union negotiates a contract approved by the members.
  • Union supporters will lose their jobs even before they can complete union formation. It is illegal to fire or punish someone for showing interest in the trade union struggle.
  • By joining a union, you will lose the benefits you have had so far. It is illegal to withdraw benefits and advantages from someone who has expressed an interest in the trade union struggle. Furthermore, your salary and benefits remain valid until union members (including you also appearances) decide to negotiate a second contract.
  • You will lose everything when you are forced to strike. Despite common thinking, strikes rarely occur. The OPIEU (Office & Professional Employees International Union) records that only 1% of contractual negotiations lead to strikes. Furthermore, if you join a large union instead of forming one, you will have access to a strike fund, thanks to which you will not lose your working day's wages for joining it.
  • Unions are unfair to employers or take advantage of their kindness. The goal of a union is to negotiate agreements between employers and employees - not to rob entrepreneurs or sabotage their production activities. No employment contract is effective before both parties agree. Finally, if a business owner does not pay adequate salaries and does not ensure that working conditions are safe and acceptable, he is doing the employee a disservice, robbing him of free time in terms of opportunity cost, not to mention his well-being..

  Part 2 of 3: Getting in touch with a union

  

  Step 1. Find a union if you wish

  When the time comes to form the union, you can legally form an independent union together with other members within the workplace. It is a valid and reasonable option. However, the employees of many companies prefer to join larger trade unions, which have more resources available for negotiation due to the fact that they have more members. You can find a complete list of unions in the United States at uniors.org. Other unions appear in the yellow pages or on other lists under the heading "organizations for work".

  • Don't be intimidated by the names of trade unions - the ones that originally represented workers in a single profession, today represent different types of professions. It is not unusual, for example, for office workers to sign up for United Auto Workers. Below you will find some examples of active trade unions in the United States:

    • In the road transport sector (Teamsters - IBT)
    • In the steel processing sector (Iron Workers - IABSORIW)
    • In the electrical and communications sector (Electrical Workers - IBEW / Communications Workers - CWA).
    • The Steelworkers Union (USW) is a prime example of a multi-category grassroots union. It has members in the nursing, police, fire, and factory workers sectors, but keep in mind that not all workers in these professions have chosen the Steelworkers Union.

    

    Step 2. Contact the union of your choice

    If you can, call local union offices directly - otherwise call national or international offices to get in touch with the local office. Even if the union does not show interest in representing you, it may be able to recommend another union capable of making its resources available to you for free.

    The reasons why a union decides not to represent you and your colleagues can be different: from the consideration that the workforce you have gathered is small, to the fact that you are involved in an industry with which it does not believe it can interact or in which it does not believes he is qualified

    

    Step 3. Communicate what you intend to do

    If the union is interested in representing you and your colleagues, you will likely need to get in touch with a member of the local organizing committee. Each trade union has different organizational methods, based on the type of employment and employer. Working with the organizers will allow you to relate to the most experienced trade union staff in the organization and negotiation of contracts. Many but not all aspiring members find this to be the best way to plan and coordinate action within their work environments.

    Provide as much information as possible. Most unions will be interested in knowing how many people work in your company, where they work, what kind of work they do, and their expected salary and pension levels. In addition, they will want to know any specific grievances made to the employer - for example, unfair salaries, unsafe working conditions or any discrimination, so that they have a wider spectrum for any litigation

    Part 3 of 3: Form a union where you work

    

    Step 1. Be ready to face the opposition

    To put it bluntly, most employers will welcome the birth of the union as a scourge, because the costs of employing a unionized workforce will likely rise in the face of increased related benefits. These additional costs can reduce the profits of the business owner. Some employers will stop at nothing to prevent this from happening; others will even resort to illicit strategies. Be prepared to face the animosity of both your boss and his trusted collaborators. The most experienced trade unionists can tell you what awaits you.

    • A good rule of thumb is to be careful not to confuse the job in any way. In other words, the employer cannot legally fire or punish an employee if he sets up a union. However, if you give him some other valid reason to do it, he won't miss the opportunity.
    • Remember that, if the union organization is successful, the employer will no longer be able to dictate the terms of employment at work, but will be obliged by law to negotiate with the representatives of the union. Also, don't forget that, while it may try to thwart the efforts of trade unionists, it will have no legal means of penalizing you for founding a union, even if you fail in doing so, provided, however, that you follow the guidelines indicated in the NLRA (see in part 1).

    

    Step 2. “Confront” in the workplace

    To form a union, the majority of employees must support it. Talk to your colleagues - are most of them unhappy with the treatment or the salary? Are any of them right to suspect injustice, favoritism or discrimination? Have many been left in dire financial straits due to revoked benefits? If most of your colleagues seem unhappy, you can have a very good chance of starting a union.

    However, be careful where and to whom you propose the idea of the union. Corporate management members have a natural tendency to maintain the status quo - they will earn less money if employees join a union. Also, beware of "favorite" employees or people who have close relationships with management, as they will not keep your intentions secret. At first try to involve only the people you know and trust

    

    Step 3. Gather information and support

    Research your industry - are there other workers in your industry (or employed by other competing firms) who have formed unions? What are the strongest allies in the workplace? Who is available to help you with the organization? Are there any local politicians or communities who can take your cause to heart? Organizing a union is hard work - not only will you have to organize it, but you will need to participate in events and outreach initiatives in the community where you live. The more friends and resources you can secure your cause during the early stages, the greater the chance of success.

    Since you will be busy gathering alliances and means to bring your endeavors to fruition, try to remain discreet. The more you can do without spreading your plans for opening the union openly, the better

    

    Step 4. Create an organizing committee

    If the union was born successfully, it not only needs the support of workers directly in the workplace, but also a strong sense of direction provided by certain leaders. Meet with the people who have pledged their support and, if you have appealed to a larger union, also its representatives (it is advisable to do so discreetly so as not to make it known to the top of the company). Decide if you need to form a group of more dedicated and responsible trade unionists - during the early stages of training these people will act as leaders of the organizational movement, stimulating employees to work and guiding all efforts to gain further support and support.

    

    Step 5. Demonstrate support for your union at the NLRB

    Afterwards, it is advisable to show all the support given to the nascent union to the Nation Labor Relations Board (NLRB), a neutral government agency. To do this, you will need to involve as many workers as possible to sign a special model called authorization cards, in which you declare your desire to be represented by a union. To get the NLRB to hold an election with anonymous vote to determine if your company staff will be represented by the newly formed union, you will need 30% of workers to sign these ballots.

    • Note - these authorization forms must specify that with their subscription each worker declares their intention to be represented by a trade union. If the form only states that with his signature the worker declares his support for voting on the subject of unionization, it will not be considered valid.
    • Often to garner due support, organizing committees promote welcome meetings and gatherings, as well as distribute publications to educate workers about their rights and encourage membership. Consider these measures to increase union support.

    

    Step 6. Hold an election sponsored by the NLRB

    When you have reached at least 30% of workers' support for the union cause, you can petition the NLRB for official elections to be held in the workplace. Once the petition is received, the NLRB will conduct its investigation to ensure that union support is spontaneous and not enforced. If it turns out to be so, he will negotiate with the employer and the nascent union to plan the elections. Normally the election is held within the work environment and can take place in several sessions, so that the workers of each shift have the opportunity to vote.

    • Note that the employer may challenge the legitimacy of your petition and / or the support offered by employees via the authorization cards.
    • Also know that this process is very complex and the procedure within these steps has been simplified. Contact the NLRB for the exact rules, which may vary by employer and state.

    

    Step 7. Negotiate a contract

    If the union wins the election, then it becomes an officially recognized union by the NLRB. At this point, the employer is required by law to negotiate a collective agreement with the newborn union. During the negotiation phase, you will need to be able to address any particular grievances, introduce new employment arrangements, fight for a fairer salary, and much more. Defining the details of the contract is a task for the union management, the employer and, of course, you, as contracts must be approved by a union vote before they become valid between the parties.

    Keep in mind that the unions, while allowing you to negotiate collectively, at the same time do not guarantee that the offer will be accepted by the employer. Remember that negotiation is a process of ups and downs - you may not get everything you want. However, it is certain that on average union workers are 30% more likely than non-registered workers

    Advice

    • Choose how to start the organization, initially limiting discussions to the most trusted colleagues. Talking about it with the owner's son or daughter is probably not the best idea. As soon as the executives see attempts at organizing within the company, they could immediately begin an opposition campaign, taking measures against individual employees (tightening of the rules on work) or on the collective of workers. Eventually, all interested employees will have the opportunity to vote for or against union representation.
    • Employers are also known to grant unexpected salary increases to employees in an attempt to prove that a union has no reason to exist if a raise is desired. Organizational movements often see this as the first step to success.
    • Employers often use strategies aimed at dissuading their employees from forming a union. Many times they are put in place during some meetings where the workers are influenced. The employer uses meetings where the presence of all staff is mandatory to explain the terrible consequences of forming a union. Threats to close the business, job loss, wage and benefit cuts and corruption of union leaders are among the most common stories.

    Warnings

    • If a union where you work is born, make sure you know if you have the right to join it or not. You can also unsubscribe at any time. Be sure they inform you of your rights as set forth by the United States Supreme Court (Beck Rights).
    • It is possible that an employer tries to fire an employee who is helping to organize the company's staff. While it is illegal for him to do this, however, if he really intends, he will not stop with a delay or a day of absence. Be careful, therefore, and stick to the rules during this time. Don't give him a valid reason to fire you. The more vigorously you act in favor of the union together with your colleagues, the more power you will have to eliminate or combat these problems, when they occur.
    • The choice is yours. In a right-to-work state you are not required to join the union, nor to support it financially. Otherwise, in other non-right-to-work states, such as Ohio, you are not forced to join and you can unsubscribe at any time. You may be asked to pay the union fee, but you can always ask for a refund for what does not concern collective bargaining, the settlement of grievances and the eligible expenses. The Right to Work Foundation provides free legal assistance if you need their services. However, you should know that the Right to Work Foundation is an anti-union body, funded mainly by companies that openly support the lawsuit against workers' unions in favor of legislation that blocks their formation.