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Union Organizing
Union membership has decreased dramatically in the past few decades in the private sector. 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. Related articles on Union Organizing Typically, if a union is trying to organize employees within a company, a few noteworthy 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. Card checkAfter gathering signatures on authorization cards, a union typically will ask the employer to voluntarily recognize the union without an election. If the employer accepts, the election step is by-passed and the union becomes the bargaining force for the employees. The use of card checks has been so effective for unions that they have been pressuring Congress to pass legislation doing away with the right to an NLRB election. Unions have been seeking this type of legislation for years, but so far none has been enacted. Union electionsIf an employer says no to the voluntary recognition of the union without an election, the union will continue gathering signatures of employees interested in hosting an election. Once an election petition has been filed, the NLRB sharply limits what management can say and do. Violating the rules is called an unfair labor practice, and the union is likely to complain to the Board about any such violations and use them against you in the campaign. A union must win the election by a majority vote, 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.
Related articles on Union Organizing from the State Employment Law Letters
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