 |
|
HR Hot Topics |
Labor Union Organizing in the United States Workplace
Labor union membership in the private sector has decreased dramatically in the past few decades in the United States. But with the advent of a new union coalition – Change to Win, there has been a renewed emphasis by both the new group and the AFL-CIO to recruit more members. Often these new recruits are in fields that normally weren't unionized. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including labor unions and organizing Related articles on Labor Union Organizing Typically, if a labor union is trying to organize employees within a company, a few telltale things occur. Often the process begins when an organizer who works for a union contacts a number of employees. Or employees could contact the union on their own accord. The union next will gather employees’ signatures, showing that they want the union to represent them. The union needs signatures from 30 percent of the employees in a proposed bargaining unit before asking the National Labor Relations Board (NLRB) to hold an election. The National Labor Relations Act (NLRA) is the primary federal law governing the relationship between labor unions and employers in the private sector. The NLRA guarantees the rights of employees to organize and bargain collectively with their employers. The NLRA provides for two primary processes by which a labor union can be certified as the bargaining representative for a company's employees - the card check and the secret-ballot election. Learn more about preventing labor unions from organizing your company at the Union Avoidance Virtual Summit Card check The use of card checks has been so effective for labor unions that they have been pressuring Congress to pass legislation, such as the Employee Free Choice Act, to do away with the right to an NLRB election. Labor unions have been seeking this type of legislation for years. None has been enacted to date, but with changes in Congress and the election of President Barack Obama the unions expect to find a more receptive ear to their requests. Audio Conference: Your EFCA Battle Plan: Prepare Now for Labor's New Organizing Tool Secret-ballot elections A labor union must win the election by a majority vote of the workers, meaning it needs the approval of at least 50 percent of the employees. If the union wins the election, it represents all employees in the bargaining unit. Employees in the proposed bargaining unit vote by secret ballot. The losing side can contest the election to the NLRB. Basic Training for Supervisors - easy-to-read training guides, including union avoidance Employee Free Choice Act Although EFCA was previously presented before Congress and failed to pass, many Democrats are convinced it will pass this time, especially since it cleared the House in 2007 and obtained 51 of 60 filibuster-proof votes needed to pass the Senate. Even though Democrats have claimed to have the votes necessary to pass the Employee Free Choice Act, Republicans and business leaders don’t appear to be going down without a fight. Business groups have been very involved in fighting EFCA’s passage, and the U.S. Chamber of Commerce has been one of the bill’s fiercest opponents. When the Employee Free Choice Act (EFCA) was first introduced, it included provisions that would have allowed labor unions to demand that the National Labor Relations Board (NLRB) certify them as the collective bargaining representative based on a card-check process alone. If a petition is filed and the NLRB finds that a simple majority of the employees in the potential employee bargaining unit have signed valid authorization cards, the NLRB cannot conduct a secret-ballot election but must certify the union as the employees' representative based on the authorization cards. Since the bill was introduced in 2009, it was widely reported that legislators planned to drop the card check requirement portion of the bill. On June 17, the New York Times reported that several Democrats agreed to drop the card-check provision in an effort to ensure the bill’s passage. There was speculation that a compromise bill could require shorter unionization campaigns and faster elections. For example, it was reported that alleged revisions to the bill could include a requirement that union elections be held within five or 10 days of 30 percent of employees signing cards indicating they want a union. Legislators were supposedly also considering other options, including measures that would give unions more access to employers’ property and prohibit employers from requiring employees to attend “antiunion meetings.” However, details of a compromise have not yet been revealed. EFCA also changes the bargaining process for the first CBA. If the union and the employer can't agree on the terms of the first CBA within 90 days, either the employer or the labor union can request the assistance of a federal mediator. If an agreement can't be reached after 30 days of mediation, the dispute will be referred to arbitration. Absent agreement by the employer and labor union on an initial CBA, the results of the arbitration would be binding on the parties for two years. In addition to changes in the certification and collective bargaining process, the Employee Free Choice Act adds stiffer penalties for violations of the NLRA that may occur while employees are in the process of becoming unionized or negotiating a first contract. Civil fines of up to $20,000 per violation could result if an employer willfully or repeatedly violates employees' rights during an organizing campaign or first contract negotiation. Currently, there are no civil fines for violations. EFCA also increases the amount employers are required to pay if the NLRB determines that an employee was discharged or discriminated against during a union organizing campaign or first contract negotiation. Instead of straight back pay, which is the current law, an employer would be required to pay back pay times three as a penalty. Free 75-minute podcast: Employment Law Experts on Obama Labor & Enforcement Agenda: a discussion by leading U.S. labor and employment lawyers who represent employers What employers need to know when a union wants to organize their workers Generally speaking, employers can limit the union's campaign activities on their property and using their resources the same way they limit other solicitations. If an employer has been lax in enforcing its solicitation rule, it can't suddenly start enforcing it when a union shows up.
Related articles on Labor Union Organizing featured in HR Hero Line
|
||
 |
|
|
|
|||||||
