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How Do We Form
a Union at Work?
#1 Showing Interest
The National Labor
Relations Board (NLRB) requires that a minimum of 30 percent of the
employees sign authorization cards/petitions before it will conduct
an election. Local 201 will not file a petition for election unless
a majority of the employees fill out authorization cards/petitions.
#2 Election Petition
Filed
The Hazardous Materials
Local 201 Union presents the cards/petitions to the NLRB with a request
that it conduct an election. The employer never sees the authorization
cards/petitions, and the NLRB won't even tell how many employees filled
them out.
#3 Election Date
Set
The Union, a company
representative, and the NLRB meet to set an election date.
#4 NLRB Election
You decide by secret
ballot if you want Local 201 to begin negotiations with your company.
A "YES" vote gives you the chance to proceed.
#5 Preparations
for Negotiations
During the seven
to ten days it takes for the NLRB to certify the election results,
you and your fellow employees will meet to decide what specific benefits
you would like to have in a first contract. Also, you will start thinking
about electing a negotiating committee. Please return your contract
questionnaire.
#6 Negotiations
The employees' negotiating
committee, Local 201's representatives and the company begin a series
of meetings to work out differences and develop a contract offer.
#7 Ratification
You will meet to
discuss and vote (by secret ballot) on the employer's offer. If rejected,
we go back into negotiations. If accepted, wage rates and all new benefits
begin.
#8 Join The Union
Finally, only after
a contract is signed and you are already receiving better wages and
benefits, we will ask you to join the Union. Remember, there is strength
in numbers.
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Your Rights Under
the Law
It is your 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.
Enforcing Your Rights
The best way to encourage your
employer to recognize Local 201 and negotiate a fair contract is to
build a strong organization where you work.
If your employer violates the
law, Local 201 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.
You can help protect your legal
rights by:
- 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.
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SUPERVISORS OR COMPANY
OFFICIALS 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 discontinues 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!
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