Is It Legal To Unionize My Workplace?

Many workers struggle to get by, even by working multiple jobs. Wages can be low, and the job may not have any health benefits. When employees band together, however, they can often use their collective bargaining power to get better working conditions.

Employers often resist workers trying to unionize. However, most workers have the right to form or join a union. To understand your legal rights and how to unionize under modern labor laws, contact a labor law attorney.

Do You Have the Right to Unionize?

Under federal law, you have the right to organize a union. Workers can form or join a union to negotiate with their employer over terms of employment. Under the National Labor Relations Act (NLRA), protected activity includes:

• Distributing union literature
• Wearing pro-union buttons
• Talking to coworkers about signing union authorization cards
• Talking about the union campaign with other workers

What Is Collective Bargaining?

Collective bargaining is the process of employees working together to negotiate employment terms with an employer. One employee alone may not have much bargaining power with an employer. However, a group of employees together has more power to negotiate better working conditions.

Labor unions can work as a collective bargaining unit to negotiate better conditions of employment for union workers. Together, union members could potentially negotiate an employment contract with:

• Higher wages
• More paid vacation time
• Better benefits
• Retirement benefits
• Better working conditions
• Layoff protections

What Is the National Labor Relations Act?

Congress passed the NLRA in 1935. These laws guarantee the rights of workers to unionize and engage in collective bargaining. The law also prohibited unfair labor practices from employers that interfere with union organizing. The NLRA established the National Labor Relations Board (NLRB) to enforce labor laws.

The NLRA does not cover all public-sector and private-sector workers. Union membership protection may not include some supervisors, government employees, and independent contractors. In right-to-work states, some workers can also choose to avoid union membership.

What Are the Steps To Unionizing?

If you want to start a union, make sure you understand your legal rights and protections under state and federal law. You can also talk to a labor law attorney about ways to negotiate a union contract and collective bargaining agreement (CBA). Generally, some of the steps to forming a union involve:

• Talking to your coworkers about employment terms and working conditions. See if they want to work together to negotiate a new employment contract.
• Contacting a union organizer to go through the steps of negotiating a CBA.
• Starting an organizing committee to get other coworkers involved in the process and distributing information.
• Signing union support cards to get a majority of your coworkers on board.
• Holding a union election to get union recognition from your employer.
• Negotiating a labor contract and having union members vote on the new contract.

This is a simplified overview of unionizing. In reality, the process can be more complex, depending on the size of the organization. The larger the organization, the more the employer may do to try to limit your employee rights.

Can You Get Fired for Trying To Unionize?

Your employer can’t retaliate against you for protected union activity. Employers are prohibited from taking certain anti-union actions, including:

• Spying on you
• Threatening you
• Taking unlawful disciplinary action
• Offering a bribe to discourage union efforts
• Refusing to bargain in good faith

Employers cannot fire you or punish you for trying to form a union. Employers can restrict the distribution of literature and soliciting during working hours. However, they can’t restrict you during non-work time.

If your employer retaliates against you for trying to organize a local union, you can file a complaint with the NLRB. Your local NLRB office will investigate any charges. The NLRB can facilitate a settlement. If they find a violation and the case isn’t’ settled, the NLRB will issue a complaint for a hearing before a judge.

Get Legal Representation To Protect Your Rights

Talk to a labor lawyer for legal advice about your employment law and labor organization rights. A labor lawyer can explain your rights, tell you about options for organizing, and help if you get fired for trying to unionize your workplace.