How to Start a Union at Work

Your Rights

It is your legal right to support, form and/or advocate a union at your workplace.

Your rights to organize are set forth in Section 7 of the National Labor Relations Act:

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…”

This means that you have the legal right to help organize, to join, and to support a union of your own choosing. This includes but is not limited to such activities as:

* Filling out an authorization card
* Getting others to fill out cards
* Attending union meetings
* Wearing union buttons
* Passing out union literature
* Talking about the union to other employees.

Under Section 8 of the National Labor Relations Act, your employer cannot punish you for your union activity.

For example, your employer cannot legally do the following:

* Threaten to or actually fire, lay off, harass, transfer or reassign employees because they support the union.
* Favor employees who don’t support the union over those who do in promotions, job assignments, wages, hours, enforcement of rules, or any other working conditions.
* Shut down the work site or take away any benefits or privileges employees already enjoy in order to discourage union activity.
* Promise employees a pay increase, promotion, benefit or special favor if they oppose the union.

You Can Protect Your Legal Rights

* Keeping written notes of any incidents in which company officials or supervisors threaten, harass or punish workers because of union activity.
* Immediately reporting any such incidents to your organizing committee and the union staff.

The best way to encourage your employer to recognize a union and negotiate a fair contract is to build a strong organization where you work.

If your employer violates the law, the union can help you file “unfair labor practice” charges with the National Labor Relations Board. The Labor Board has the power to order an employer to stop interfering with employees rights, to provide back pay, and to reverse any action taken against workers for union activity. Decisions made by the Labor Board are court enforced to provide teeth to the Act.

Employers Cannot

1. Attend any Union meeting, park across the street from the meeting place to see which employees attend the meeting, or engage in any under-cover activity which would make employees feel they are being spied upon to determine who is participating in the Union campaign.

2. Tell employees the Company will fire or punish them if they engage in Union activity.

3. Lay off, discharge, or discipline any employee for Union activity.

4. Grant employees wage increases, promotions or benefits in order to keep the Union out.

5. Ask employees about their own Union membership or activities or those of fellow employees, including meeting attendance, card soliciting or signing and other forms of Union participation.

6. Assign work to create conditions intended to get rid of an employee because of Union activity.

7. Ask employees how they intend to vote.

8. Threaten employees with economic reprisals for participating in Union activities. For example, threaten to close or sell the facility, lay-off workers, or reduce employee benefits.

9. Promise benefits to employees if they vote against the Union.

10. Announce that the Company will not bargain with a Union.

11. Discriminate against Union supporters when assigning overtime or desirable work.

12. Purposely team up anti-Union employees and keep them apart from Union supporters.

13. Transfer workers on the basis of Union activity.

14. Choose employees to be laid off on the basis of weakening the Union’s strength.

15. Discipline Union supporters for a particular action, and allow anti-Union employees to go unpunished for the same action.

16. Go against Company policy for the purpose of getting rid of a Union supporter.

17. Take actions that adversely affect an employee’s job or pay rate because of Union activity.

18. Threaten a Union supporter through a third party.

19. Threaten workers or coerce them in an attempt to influence their vote.

20. Tell employees overtime work or premium pay will be discontinued if the facility is organized.

21. Start a petition against the Union or take part in it’s circulation if started by employees.

22. Urge employees to try to influence others to oppose the Union.

Any of the above acts constitutes a violation of the National Labor Relations Act, which is the law that protects your right to organize a Union!

Please report these acts, if committed, to your Organizing Committee,
or a Union Representative immediately!

Starting a Union

To get a union started, the first thing you need to do is talk to your co-workers. Do they share the same concerns you have? Or, do they have other issues? Is there a common theme to these concerns such as lack of respect and dignity; lack of a voice in the workplace; unfair treatment; and/or wages and benefits lower than other people working in the same industry?
Workers Create Their Own Organization

Our experience tells us that it’s best when workers organize themselves if they are to create a viable organization in their workplace. CWA organizers and staff can help. But it’s the workers who must join together and build their organization. After talking with your co-workers to find out their issues, you can call CWA to talk with a union organizer. He or she will set up a meeting with you and some of your co-workers. Together, you will create a plan for a organizing a union in your workplace.

A Typical Organizing Campaign

The campaign will consist of talking with co-workers about the union, asking them to sign a petition of support. When there is a strong majority of support (65% of employees have signed the petition of support), the union will file for an election with the National Labor Relations Board (NLRB). Usually, the NLRB will then meet with the union and the employer to establish the criteria for employees who will be eligible to vote in the union election. The NLRB sets a date for a secret ballot election.

Bargaining a Contract

After the union’s election victory is officially certified by the NLRB, your employer is legally required to negotiate in “good faith” with the union on a written contract covering wages, hours, and other working conditions.

Public Workers

Some public workers do not have the right to bargain collectively. However, they do have the right to form a union and work together to lobby for better wages and working conditions. Contact a union to find out the laws in your state.

Union Benefits

Working men and women are seeing their way of life being stolen from them on a daily basis as health insurance costs climb through the the stratosphere, real wages stagnate and pensions vanish. The future of America depends on a united front that can stand up to powerful interests.

Unions make a difference!

Currently the majority of the economic benefits of our economy go to corporate America and their lobbyists, workers are uniting, using the power of collective bargaining to get their fair share.

Every American deserves living wages, safe working conditions, affordable health insurance, prescription drug coverage, equal opportunity, a secure pension and a voice in the workplace.

Workers never got anything without uniting for it.

* The 40-hour workweek
* The 8-hour workday
* Overtime
* Sick Leave
* Paid Vacation
* Company-paid health insurance
* Pensions
* Safety and health protections
* Grievance procedure for violation of worker rights
* Fairness in promotions & assignments
* Higher wages and fair treatment on the job
* Right to respect from managers

Just image the benefits and changes you might be able garner if you and your co-workers had a union contract!

When workers join together and form a union, they have the power of collective bargaining and a stronger voice that when you are not unionized. Being a member of a union not only gives you a better position to get better wages, benefits and working conditions, you also get job security.

Non-union workers have limited rights and can be fired “at-will”, for no reason. Just because your boss is having a bad day and decides he/she doesn’t want you around anymore. Non-union workers also find that the rules can change at the whim of the employer.

* One day you have paid holidays and vacations and next week you don’t.
* A raise is promised but never given.
* You’ve got too many hours one week but the next you’re not making enough to get by.

With a union contract, everything is spelled out in black and white, as decided upon between the workers’ negotiating committee and the employer during bargaining, and the rules don’t change until workers renegotiate. For instance, raises are guaranteed, holidays, vacations, hours, etc. can all be defined by the contract.

In addition, discipline and firing isn’t at the given whim of the employer for union members. There are certain rules the employers must follow to show that they have just cause for discipline or firing you. Throughout this time, a union representative will be working on your behalf to represent you and make sure you get a fair deal and your rights are protected.

Other benefits of union membership include special discounts for members, everything from cell phones to free legal advice, as well as access to the scholarship programs.

Find a Union

Unions Affiliated with the AFL-CIO
International Brotherhood of Teamsters
United Food and Commercial Workers Union
Service Employees International Union

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Wal-Mart, Unions and the Employee Free Choice Act

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