From Edward Silverstein,
Your Guide to Labor Issues.
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Things may not be going well at work. Do you feel that your rights are being trampled on? For help as an individual employee, review this article on getting help with labor issues. But if other employees are facing similar or even different problems maybe it’s time to talk and even take some action. It could be a time to form a union. Here is the basic process: A word of caution: These are general suggestions and do not take the place of the advice of a specialized attorney or similar professional.

Right to Form a Union

Employees have the right to form and join unions, a kind of labor organization, which bargains collectively with the employer on the employees’ behalf seeking to improve wages or working conditions. Employees may also take part in activities without a union to improve their wages and other working conditions.

The Initial Process

Know your legal rights to form a union. Employees under the National Labor Relations Act (NLRA) can:

• Attend meetings during non-work time to discuss a union.
• Talk about the union whenever other non-work talk is allowed.
• Read and distribute union literature in non-work areas during non-work times such as breaks, lunch hours or before or after work.
• Sign a card or petition to show support for a union.
• Ask other employees to support the union.

Gather Information

To form a union, you need to promote the concept. Look for mistakes by management that impact employees. Talk about them. What are the issues facing co-workers? Do other workers support forming a union? Are there other unionized workers in your industry? How will you contact your fellow workers? Who will be supportive in the labor sector, wider community or among elected officials? Find out details about your place of employment.

Build Your Own Union

Employees often take charge of the process themselves. It may be easier, though, to contact a national union. The organizing staff from a national union can offer a plan of action you could follow. A group of co-workers, usually called an organizing committee, promotes the idea of a union among workers. Soon you will be collecting signatures calling for an election among workers.

Filing a Petition

To have a union represent you, you may need to file of a petition with the National Labor Relations Board (NLRB). Depending on the state, public employees may have a state agency conduct an election. Another way to gain official union recognition is to have your employer voluntarily recognize your union.

Evidence Needed with a Petition

Generally, in order to file a petition with the NLRB, the petition must be accompanied by evidence demonstrating that the petition has the support of at least 30% of your fellow employees. This support usually will be in the form of dated signatures from interested employees who indicate on individual cards or signature sheets that they are interested in being represented by a particular union for the purpose of collective bargaining.

Who May File A Petition?

Any union, employer or individual may file a petition to obtain an election conducted by the NLRB. The NLRB has jurisdiction over most private employers.

The Election

Elections generally are held less then 50 days from the date a petition is filed. Eligibility to vote is determined by an employee's job duties and placement of the job in defined collective-bargaining units. In general, a bargaining unit is a group of two or more employees of the same employer who share a "community of interest" in working conditions. A bargaining unit is most often defined through the use of job descriptions. The NLRB normally excludes from voting eligibility all managers, supervisors and guards.

How and Where Are Elections Held?

Most elections are held at the work site where eligible employees perform their work. Some elections are conducted by balloting away from the work site. Polling places are set up by the NLRB agent conducting the election. The main function of the NLRB agent is to assure that the election is conducted fairly and that each eligible employee is afforded the opportunity to freely vote a secret ballot.

Certification of Election Results

The final step is for the NLRB to issue a formal certification. Once your union is officially certified, the workers will elect a negotiating team and decide what changes and improvements you want to propose to your employer. Acceptance of the final agreement will be voted on by you. A union organizer/negotiator also can help you negotiate a contract with your employer.

Public Relations Techniques

Throughout the process, it’s important to get public support for your cause, whether its support among the employees at your workplace or support from the wider community. Some simple steps include:

• Handing out leaflets. Keep what you say on the leaflet simple, direct and honest. Catchy phrases can help.
• Picketing. Employees can picket outside a company or plant; however, they cannot deny entrance to replacement workers or management. Six words maximum is about the limit on the picket sign. This way it’s easy to read and gives a quick message. Remember: Half your audience is lost if you only have a one-sided sign. For a larger sign, make a banner that is held by several protestors.
• Contact the local and regional media. Before talking to the media, make sure your positions are clear in your own mind. If you have a union organizer or an attorney, they may be able to help. A confusing message will get lost on the reporters and their readers/viewers. A great way to keep things clear is to hold a press conference and have a single focus or purpose. Newspapers photographers and TV camera crews also like photo opportunities. They would rather get an action photo of employees picketing or handing out leaflets. Plus, pictures tend to stick in people’s minds.

Strikes

Strikes are the cessation of work by employees in support of demands made upon their employer. Strikes are defined into two categories: unfair labor practice strikes and non-unfair labor practice strikes, generally referred to as economic strikes. You can’t be discharged for engaging in a lawful strike.