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Learn how to unionize and get the benefits you deserve
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Unions are employee-created organizations that bargain for better wages, benefits, and working conditions. Although employers often discourage unionization, the right to form one is protected by the National Labor Relations Act (NLRA). If at least 30% of your co-workers sign your petition or authorization cards, you can start a union in your own workplace. Keep reading to learn all about the process, including the pros and cons of unionizing and what rights you have when forming a union.
Basic Steps to Form a Union
To form a union through voluntary recognition, over 50% of your co-workers must sign authorization cards or a petition. To form a union through an election, at least 30% of your co-workers must sign authorization cards so you can file a petition with the NLRB. Contact a union organizer in your area for support.
Steps
Section 1 of 3:
Starting a Union through an NLRB Election or Voluntary Recognition
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Talk to your co-workers to see if they want to organize a union. Your employer can’t stop you from talking about unionization or encouraging employees to join during non-work time. [1] X Trustworthy Source National Labor Relations Board Independent U.S. government agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Go to source By talking to your co-workers after work or during break times, you can see whether they want to improve their working conditions and if they would be willing to help you create a union.
- You can also find out what changes your co-workers would like to see and share your ideas about how unionization can affect those changes.
- Place union literature in non-work areas, like parking lots or break rooms. If your job is remote, email union pamphlets from your personal account to your other co-workers.
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Contact a union organizer to form a union at your workplace. There may already be a union you can join that represents your industry and can guide you through the process of organizing a union at your workplace. Contact the union organizer at a pre-existing union in your area to start the process. [2] X Research source
- The union organizer will provide you with union authorization cards (“A” cards) to distribute to co-workers. These cards are confirmation that each co-worker would like to form a union.
- Many U.S. labor organizations are organized under the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) . [3] X Research source
- You can also find independent unions in your state with the Unionbase tool or the U.S. Department of Labor’s search page.
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Alternatively, create a petition to start a union at your workplace. To start your own union without the help of a union organizer, create a petition for co-workers to sign. This document will be used as proof that a certain number or percentage of your co-workers would like to form a union in your workplace. [4] X Research source
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Form a committee of co-workers who want to organize a union. Whether you are working with a pre-existing union or starting your own, assemble a committee of people at your workplace who want a union. Committee members research the benefits of unionization and educate and persuade their co-workers to support the union. [5] X Research source
- When you organize, create an issues program that includes the improvements the committee hopes to achieve, like higher wages, better benefits, and/or improved working conditions.
- You can also warn co-workers about potential anti-union campaigns that your managers or employers might carry out.
- When convincing your other co-workers to unionize, highlight the benefits and wages that people in your industry receive when they’re unionized versus when they aren’t.
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Ask your co-workers to sign a petition or “A” card. If you’re working with a pre-existing union, distribute the union authorization cards (“A” cards) provided to you to all of your co-workers. If you’re starting a union from scratch, create a petition and pass it around to your co-workers to sign. [6] X Research source
- Circulate petitions and authorization cards during non-work hours to prevent your employer from penalizing you.
- Get signatures from your co-workers who are not supervisors or managers, since supervisors and managers are not usually eligible for union membership. [7] X Research source
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File a petition and hold an election if 30% of your co-workers sign. File a completed election petition and submit it along with all of your filled-out union authorization cards to your local NLRB office. An NLRB agent will make sure that an election in your workplace is appropriate and set up a secret ballot election. [8] X Research source
- You might also be required to fill out and file this Certificate of Service stating that you gave notice of the petition to your employer. [9] X Trustworthy Source National Labor Relations Board Independent U.S. government agency responsible for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Go to source
- Elections may be in-person, by mail, or a combination of both.
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Ask your employer to recognize the union if 50+% of your co-workers sign. If 50% +1 (or just over ½ of) co-workers vote “YES” to create a union, your employer is legally required to bargain in good faith over your working conditions. [10] X Research source Work with your committee to negotiate a union contract between your employer and the union. [11] X Trustworthy Source National Education Association Union of professional teachers devoted to promoting the success of the public education system by advocating on behalf of teachers and students. Go to source
- If your employer has agreed to recognize the union, notify your local NLRB Regional Office that voluntary recognition has been granted. [12] X Research source
- Negotiations usually take several rounds of bargaining. When the union and their employer reach a tentative agreement, the union holds a meeting and a secret ballot vote. [13] X Trustworthy Source National Education Association Union of professional teachers devoted to promoting the success of the public education system by advocating on behalf of teachers and students. Go to source
- If both sides agree to the contract, then it’s passed. If they reject it, both teams return to the bargaining table until they reach a new tentative agreement.
- If your employer refuses to recognize the union, file a petition for an election with the NLRB or mobilize the employees to go on strike . [14] X Research source
- If 50% or more of your co-workers vote “NO,” then a union will not be formed in your workplace.
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Tips
- Contact your NLRB Regional Office for more information on starting a union in your workplace.Thanks
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Warnings
- This article is intended as legal information and does not provide legal advice. If you need legal advice, contact a licensed attorney.Thanks
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References
- ↑ https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/employees/your-rights-during-union-organizing
- ↑ https://www.wslc.org/why-union/
- ↑ https://aflcio.org/about-us
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://www.ueunion.org/org_steps.html
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://calaborfed.org/union-organizing/how_to_form_a_union_where_you_work/
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://www.nlrb.gov/guidance/key-reference-materials/steps-for-filing-a-petition
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://www.nea.org/resource-library/5-stages-collective-bargaining
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://www.nea.org/resource-library/5-stages-collective-bargaining
- ↑ https://www.worker.gov/form-a-union/
- ↑ https://online.maryville.edu/blog/pros-and-cons-of-unions/
- ↑ https://home.treasury.gov/news/featured-stories/labor-unions-and-the-us-economy
- ↑ https://www.epi.org/publication/unions-and-well-being/
- ↑ https://gradschool.princeton.edu/union-dues-and-agency-fees
- ↑ https://online.maryville.edu/blog/pros-and-cons-of-unions/
- ↑ https://www.hoover.org/research/decline-unions-good-news
- ↑ https://nursejournal.org/resources/nursing-union-pros-cons/
- ↑ https://www.nlrb.gov/about-nlrb/rights-we-protect/whats-law
- ↑ https://www.nlrb.gov/about-nlrb/rights-we-protect/whats-law
- ↑ https://www.nrtw.org/your-right-to-work-rights-in-three-minutes/
- ↑ https://www.nrtw.org/your-right-to-work-rights-in-three-minutes/
- ↑ https://www.nlrb.gov/about-nlrb/rights-we-protect/whats-law
- ↑ https://www.nrtw.org/your-right-to-work-rights-in-three-minutes/
About This Article
Article Summary
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To form a union, talk to your coworkers in private about how unionizing can benefit them. Once you're confident that a majority would vote in favor, seek out a union organizer who can direct you in the first steps to unionizing. Then, form an organizing committee with your coworkers that will represent all union employees. The committee will need to formulate an issues program stating what you are fighting for, like higher wages or increased benefits. For information from our litigator reviewer on how to hold union elections, scroll down.
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