How To UnionizeWhy Unions Are ImportantQuick PrimerBasic Labor Law FrequentlyAsked Questions about unions Common Misconceptions and False Reports about UnionsWhat goesin a contract, anyway?" If you have any questions, comments, etc. aboutunions or if you want help to organize a union where you work, please feel free to e-mail us see also: National AFL-CIOwebsite InformationQuick Primer1) Choose a union. 2) Determine "bargaining unit." 3) Get at least 30% of people in the bargaining unit to sign union cards.4) Submit the cards to the National Labor Relations Board. 5) The NLRB will set a hearing to finalize the bargaining unit and setan election date. 6) The election will be held and a simple majority wins. The first step involved is, obviously, your decision to organize. Youshould also have some confidence that at least half of the workers at yourworkplace would be inclined to join a union. If possible, try to form asmall committee of employees dedicated to the idea, but keep things quiet.(The longer it takes management to find out about the unionization attempt,the better.) Next, you must decide what union you wish to approach, ifany. (You do not need to affiliate with any union; it is possible to formyour own, independent union if you so wish, and labor law will protectyour independent union just as any large, international union.) Talk toas many unions as you can, find out what they have to offer, how they organize,resources, etc. Don't be afraid to approach any union, regardless of theirname: bookstores have been organized by the Longshoremen, office workersby the United Auto Workers. A good place to get phone numbers for unionsis under "labor organizations" in the yellow pages. Once you have chosen a union, you need to determine what you want the"bargaining unit" to be. That is, who at your workplace willbe able to be in the union and who will not. You should include workersthat have common duties, interests and similar pay. Managers and securityguards cannot be included. Once you have decided what you would like thebargaining unit to be, (the "official" bargaining unit will bedetermined at a National Labor Relations Board hearing.) you will mostlikely begin having people sign union cards. These "cards" maybe actual cards, or simply a petition. The cards or petition will indicatethat the person signing the card would like a union to represent him orher in contract talks regarding wages, benefits, and working conditions,and are completely confidential (the employer never sees them). It is importantto get a person's signature and the date on these cards, or they will notbe considered valid. Once 30% of the people in the bargaining unit sign the cards, you areentitled to submit them to the National Labor Relations Board, which views30% as a sufficient number to warrant an election, that, if won, will certifythe union in your workplace. Unofficially, you should get as many signaturesas you possibly can. To win the election, you need a majority to vote "yes"and it is not unusual for some individuals who signed cards to end up voting"no." A good rule-of-thumb is that if you can't get at least60% of the people in the bargaining unit to sign cards, you won't win theelection. Once you are ready to submit the cards to the NLRB (which entails handingthe cards to an official and filling out a form), you should mail a certifiedletter to management indicating that you wish the union to be recognized.This is just a formality, as management will almost always refuse to recognizea union without an election. Once you have submitted the cards, the NLRBwill contact the employer to schedule a hearing to determine the actualbargaining unit, and to schedule the election. At the hearing, the companywill most likely try to pack the bargaining unit with workers that arelikely to vote no, and try to challenge workers that are likely to voteyes. The union's lawyer will most likely handle things at this stage, sodon't worry too much. Once the bargaining unit is made final, the NLRB will schedule the dateof the election. The election is secret ballot, overseen by an NLRB agent,with the ballot asking the question, "Do you want the "whateverunion" to represent you in contract talks with "whatever employer?""or something similar. A "yes" vote is for the union, a "no"against. A simple majority wins. If you win: congratulations! The company must enter into contract talkswith the union regarding wages, benefits, and working conditions. If you lose: you must wait at least one year before trying again. There are other options, of course: one need not rely on the NLRB processto win recognition to bargain for a contract. Employees can also try toforce an employer to recognize them as a union through work actions suchas strikes. This can be done even if an election was lost, although ifyou didn't have the strength to win the election, you may not have thestrength to force recognition. (You can redefine your bargainingunit to increase your chances. For example, if your unit included factoryworkers and office staff, and the office staff voted against you in sufficientnumbers to cause you to lose the election, you might try to get just thefactory workers, where there is more solidarity, recognized.) Back to top. Basic Labor LawThe government protects the right of workers to organize in order toaddress issues of wages, benefits, and working conditions. The body oflaws that protect this right is known as the National Labor Relations Act,sometimes referred to as the Wagner act. Of course, any questions you haveregarding labor law can best be answered by a lawyer, but the followingis a list of the basics: Any group of workers may organize or help organize a union, exceptmanagers (supervisors) and security guards. (security guards can form theirown union - they just can't be in a union with other employees.) Workers have the right to strike. Workers have the right to join a union. The The National Labor Relations Act prohibits the employer from certain acts, known as unfairlabor practices. If you feel you are the victim of an unfair labor practice,contact the NLRB, which will assign an agent to look into your case orconsult a lawyer. Unfair labor practices include management: Threatening to fire a worker for union activity. Threatening a worker in any way, implicitly or explicitly, becauseof union activities. This can include demotions, reprimands, etc. Asking workers about union activities. Threatening cuts in pay or benefits. Promising increases in pay or benefits, beyond those normally scheduled.(Of course, this only applies until the election.) Spying on union activity. The Act also specifies some union activities as illegal: Barring employees from entering the place of work. Acts of force against workers. Threats against any workers.Also of interest: management (or the union) can be held accountablefor anyone acting as an agent, even if management didn't know about orapprove of the agent's actions. In other words, if an anti-union workerthreatens you ("You'll lose your job if you vote yes.") managementcan be held accountable for that threat. This is to prevent managementfrom using workers to deliver threats and thereby get around the law. Companies do have the right to make predictions as to what will happenif a union wins. It becomes a threat, however, anytime the "prediction"is something that can be controlled by the employer. For example, sayingthat a major client might withdraw its contracts with the employer if aunion wins is within the bounds of free speech. The employer has littleor no control over what the client chooses to do. However, saying thata union would be too expensive and that the employer would have to cutits labor force to compensate is a threat, as the employer has completecontrol over the size of its work force. During the entire campaign and negotiations, the employer must maintainthe status quo with regards to pay, benefits, and working conditions. Itcannot suddenly grant pay raises or cut pay, although regu larly scheduledpay raises must be given on time. Failure to do so is an unfair labor practice.The NLRB uses a doctrine known as "the totality of conduct"when determining unfair labor practices. This means it looks at the employer'sconduct throughout the entire campaign to determine if the law has beenbroken. In other words, an employer doesn't have to blatantly flaunt laborlaw to be reprimanded. If the employer constantly bends the law, or commitsmany minor infractions, the NLRB may find the employer in violation. Ittherefore behooves all employees to write down all infractions, no matterhow minor. Write down the date, who was involved, the time of day, andany witnesses. Good documentation can be critical in winning a favorableruling from the NLRB. Back to top. What goesin a contract, anyway?" FrequentlyAsked Questions about unions Commonmisconceptions about unions. Other Union/Labor Pages:A listing of local unionsin the Hawai'i State AFL-CIO Labornet - an index of laborpages A short history of thelabor movement. The National Labor Relations ActHawai'i Employment Relations ActRailway Labor Act (covers Airline workers too)Labor Relations Statute for Federal EmployeesHawai'i Public Employment Relations Act, (covers only State & County workers)We thank Shannon Matthews and Dr. Puette of the University of Hawai'i Center for Labor Education & Researchfor much of the information on our "Union Yes!" pagesCenter for Labor Education& ResearchUniversity of Hawai'iWest O'ahuBack to Home
