Unions
The National Labor Relations Act (NLRA) is the primary law that governs an employee's right to organize and bargain collectively. The National Labor Relations Board (NLRB) enforces the act. The NLRA guarantees covered employees the right to form, join or assist labor organizations, bargain collectively through a representative of their choosing, engage in concerted activities for the purpose of collective bargaining, strike and to refrain from union activity.
Are all employees covered by the NLRA?
No. The act sets out a number of exclusions. These include:
- Supervisors
- Agricultural workers
- Individuals employed by a parent or spouse
- Those employed in domestic service in a home
- Those employed subject to the Railway Labor Act
- Those employed by state, local or federal government
- Those employed by any person who is not defined as an employer under the NLRA
How does a union organize within a company?
Workers form unions in their company by organizing a majority of their coworkers. If 30 percent or more of eligible employees sign a petition to recognize a union, the NLRB will schedule an election. If the union receives more than half of the votes from those eligible to vote, they then have the right to bargain collectively with the employer. It is also possible that the company will voluntarily recognize the union. This, however, is unusual.
If my employees wish to organize a union, are there things I am prohibited from doing when convincing them they are making a mistake?
A - company has the right to present the facts as they see them as to why a union would be inappropriate for its workforce. Though they are generally free to have meetings to express these views or send out communications, they may not engage in the following behaviors. These behaviors can be remembered as TIPS.
T - An employer may not make threats against its employees;
I - The employer may not interrogate employees with respect to union activity;
P - Promises cannot be made, (e.g., vote against the union and I will give you a raise); and
S - An employer may not engage in surveillance.
Can I ban my employees from using e-mail to organize a union?
You can if the policy is uniformly adopted. If you allow your employees to solicit for Girl Scout cookies, or collections for birthdays or weddings over the e-mail system, you would have a hard time enforcing such a ban.
Are there any practices that the union cannot engage in?
Yes. The union may not:
- threaten employees with a loss of job or benefits if they fail to support the union;
- refuse to process a grievance because of a personal bias;
- fine an employee for engaging in protected activity after resigning from the union;
- seek the discharge of an employee for not complying with a union shop agreement when the employee has paid or offered to pay a lawful initiation fee and dues; and
- refuse referral or give preference in a hiring hall on the basis of union activity.
What are the benefits of belonging to a union?
The greatest benefit derived by union membership is the ability to bargain collectively over wages, benefits, safety, job security and other terms and conditions of employment. By acting in concert, the workforce has far greater economic power to bear over the employer than does an employee standing alone.
Are there drawbacks to belonging to a union?
Many of the pluses of belonging to a union can also be seen as drawbacks. They bring a loss of individuality, so if someone is an outstanding performer, they may not get recognized for promotion due to someone else's seniority, or may be limited in earnings due to wage rules.
Do I have to join the union or pay union dues?
You may not be required to join the union but you may have to pay union fees unless you work in one of the 29 right-to-work states. In non-right-to-work states, the collective bargaining agreement between your employer and the union will provide for one of the following:
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How do the union and my employer resolve disputes?
Almost every collective bargaining agreement has a grievance procedure. This procedure spells out the steps to be followed to resolve workplace disputes. The grievance procedure is typically multistepped, with more senior management involved in the later steps.
In cases where the dispute cannot be resolved between the parties, there is often a provision that requires arbitration. Here, a third-party neutral, called an arbitrator, is called in to listen to the facts and make a ruling. The arbitrator's decision is final and binding upon the parties.
What happens if the union goes on strike?
When employees have a dispute with their employer, they have the right to declare a strike. More often than not, this takes place when the collective bargaining agreement is up for renewal. If the strike is for economic reasons, the company may hire replacement workers. These employees may remain even when the strike ends, until there are new job openings. If the strike is a result of an unfair labor practice by the employer, workers can demand reinstatement when the strike is over.