Summary

The National Labor Relations Act protects the basic right to take action with coworkers to improve wages and working conditions in the private sector. This is called “concerted activity.” The National Labor Relations Act protects most private sector workers’ right to organize a union and collectively bargain with their employers. 

As a worker covered by the National Labor Relations Act, you have the right to:

• Talk about a union during breaks, or before or after work, but usually not during work time.
• Distribute union literature to your coworkers. You can do this on your own time in non-working areas (for example, the cafeteria or parking lot).
• Attend union meetings.
• Encourage your coworkers to form a union.
• Wear union buttons, t-shirts, stickers, hats and other union items on the job as long as your dress code does not prohibit those kinds of things generally. If you are allowed to wear a Sierra Club or Rotary Club button at work, you should be allowed to wear a union button.

It is against the law for your employer to:

• Threaten to fire you for supporting the union.
• Spy on your union activity.
• Discriminate against you (treat you worse) when it comes to hiring, promotion, layoffs, benefits or other working conditions because you support the union.
• Make threats or promises related to union activity. An example of an illegal threat is saying that the workplace will close if workers form a union. An example of a promise is that if workers reject the union, the employer will raise wages.

FAQs: Organizing

Who Is Not Covered by The National Labor Relations Act?

The National Labor Relations Act does not apply to farm workers, domestic workers, public sector workers (federal, state, county, and municipal employees), true independent contractors (see Chapter 7: Am I an Employee?), supervisors or managers who can hire or fire people, and confidential employees. 

What about public sector workers?

Workers in the railroad or airline industries are covered by the Railway Labor Act. For more information go to the website of the National Mediation Board.  

Public Sector Workers: Most public sector workers do have the right to form unions under similar state and federal laws.

State and local public sector workers: Public Employment Relations Commission.  

Federal workers: Federal Labor Relations Authority. 

A union is a democratic organization of workers who join together to improve the terms and conditions of their employment by bargaining collectively (together) with their employer.

Union Members Have…

• The right to collectively bargain a contract guaranteeing the terms and conditions of employment.
• The right to vote for some union leadership positions, on contracts, and on whether to strike.
• Constitutions and bylaws that explain how the union operates internally.
• Elected officers.
• To make a financial contribution: In most cases, everyone who benefits from a union contract puts in money (called “dues,” and usually paid through payroll deduction) to cover costs such as professional staff, legal advisors, etc. Employees who do not want to be union members are still covered under the union contract and pay fees to cover the cost of their union representation.
• The opportunity to be part of a larger labor organization like a local, state, or national labor federation that works on behalf of all working people in the community.

FAQs: Unions

Why Have a Union?

The largest union benefit is having a stronger voice for employees on the job. Union members usually earn more than non-union workers doing similar work because theycan bargain legally binding contracts (called collective bargaining agreements) with the employer. Union members also are more likely to have better employee benefits, including employer-provided healthcare, pensions, paid leave, and job security.

Can My Union Protect Me from Being Fired?

In Washington State, workers not covered by a union contract are “at-will” employees. This means an employer can hire and fire you for any reason or no reason at all. There are exceptions—you cannot be hired or fired for discriminatory reasons (race, sex, national origin, etc.), in retaliation for defending your workplace rights, or for a limited set of other prohibited reasons (like whistleblowing).

Having a union usually means your employment is no longer “at-will” — an employer must prove that they have “just cause” (good reason) to fire you, suspend you, or otherwise punish you for misconduct.

I Want a Union! Where Do I Start?

A union organizing campaign is complex. Before beginning you should seek out resources and people who can help you. See Chapter 5.6: Labor Organizations for some suggestions.  

Who Will Be a Part of Your Union?

Ideally, you should be in a union with workers who do similar work to you and/or work at the same place. The contract your union bargains will apply to that specific group of workers, called a “bargaining unit.”

Tip: The better organized your group is, the less likely it is that someone from management will deny you your rights!

Who Can Help You?

First and foremost, think about your coworkers. Getting to know what workplace issues they care about, and how willing they are to organize will form the basis of your campaign! If you would like to discuss whether outside help or professional advice could aid your efforts, you can contact staff from a local union office at any point. Union staff can provide resources, guidance, legal support and strategic advice. A good starting place for help is the Washington State Labor Council or a local labor council. They can direct you to a union that could help you in your effort. Their contact information can be found in the Labor Organizations section at the end of this chapter. 

Tip: It is best to consult a union organizer or the NLRB for information on what is legal when employees try to form a union!

Employer Resistance

Most employers will fight a unionization effort. Before starting a campaign, you should learn about your right to unionize and make sure everyone understands that they are legally protected. You should also learn about employers’ common anti-union activities. Learning about other campaigns and talking to union organizers can give you an idea of what to expect. You should expect your employer to fight the organizing drive, and it is probable that some of your coworkers won’t want a union either.

Common Actions Employers Take When a Union is formed: Legal and Illegal

Legal

• Call a mandatory meeting of all employees on work time to tell employees why management thinks a union would be bad for the company and the workers. This is called a “captive audience meeting.” This is not allowed on union election day or the day before.
• Meet individually (“one-on-one”) with employees, especially those that they think might be scared or willing to resist a union. This is not allowed on union election day or the day before.
• Hire a consultant to help run a campaign against the union.

Illegal

• Punish workers for trying to form a union if organizing activities are off-the-clock.
• Threaten to close the company if workers form a union or promise to improve working conditions if workers reject a union.
• Spy on workers to monitor or discourage union activities

Getting Recognition of Your Union

Union Authorization Cards

You need at least 30% of the workers in the bargaining unit to sign “union authorization cards” or a petition before you can take a vote. Although 30% is the legal minimum, to be more confident of winning, it is wise to have at least 65% of workers sign before proceeding to the next step: demanding recognition.

Demanding Recognition of Your Union – Elections

Once a significant majority of employees in your workplace have signed cards or petition in favor of unionizing, you can ask the employer directly to recognize the union, or you can ask the National Labor Relations Board (or the Public Employment Relations Commission in the public sector) to hold a secret ballot election for employees to vote on a union. Very Important! While you are organizing, do not give management a reason to fire you! Be sure to show up on time, follow the instructions you are given, etc. An employer can legally fire someone for poor job performance even during a union organizing campaign.

What Do I Do If My Boss Does Not Respect My Rights?

Let your employer know that the law protects your right to organize. If someone in management questions you about union activity, make a note of the date, who spoke to you, and what was said. Tell other workers or professional union staff about what happened immediately! You do not have a legal obligation to tell the employer about your organizing activities. If your employer threatens you because you will not discuss your organizing, they are breaking the law and you can file an Unfair Labor Practice (ULP) charge against them. For further assistance on the rules about unionizing and on filing an Unfair Labor Practice (ULP) charge, contact the: National Labor Relations Board Regional Office (for private sector employees): Address – 915 2nd Ave Room 2948, Seattle WA 98174 Phone – (206) 220-6300, TTY – (206) 220-6292 Web Address –  https:www.nlrb.gov/region/seattle Public Employment Relations Commission (for public employees) Phone Number – (360) 570-7300 King County Address – 9757 Juanita Drive NE, Suite 201, Kirkland, WA 98304 Web Address – www.perc.wa.gov

The Right to Representation – Weingarten Rights

Federal law gives you the right to have a shop steward or other union representative with you during an “investigative interview” by a manager that could result in discipline – in other words, when you are called in to discuss if you have done something wrong. This is what is known as your Weingarten Rights. If you think that your manager is asking to meet about an issue that could lead to discipline, you have a right to advice and assistance during this conversation.

If your employer denies the request for union representation and questions you anyway, you can refuse to answer any questions until you have a representative with you. However, you should not leave the meeting until your employer says you can!

Collective Bargaining

Collective bargaining is the process when union representatives and an employer negotiate over the conditions of employment, including pay, benefits, hours, leave, health and safety policies, and more. Both the union and the employer are legally required to bargain in “good-faith,” that is, make a serious effort to reach an agreement. An appointed or elected “bargaining team” will represent employees in negotiations for a contract. If you have joined a larger union you will likely have a professional staff person or union officer with you as well. If both sides agree to a contract, union members will vote to either accept or reject it – majority rule. If it is rejected, then both sides have to negotiate some more. If it is approved, it takes effect. A union contract can last for any length of time, but most run two to four years.

Union Dues

Union dues provide your union with money to operate. Dues are either a percentage of your income or a flat rate. Dues pay for many different things including bargaining, organizing, staff salaries, strike-funds and contributions to community causes. In most cases, union dues cannot be spent on political activities. Many unions have separate political action committees (PACs) that operate with voluntary contributions. Employees who are covered by a union contract but do not want to be members sometimes have the option to pay a reduced “agency” or “fair share” fee to cover the cost of representing them. Remember that non-members who pay reduced fees probably don’t have the right to vote on union matters.

Duty of Fair Representation

Under the National Labor Relations Act, every union has a legal obligation to fairly represent all workers in the bargaining unit. Your union cannot discriminate against workers because of their race, gender, sexuality, age, nationality, immigration status, disability or their status as a dues-paying member, non-member, or agency fee payer.

Can We Go on Strike? 

The National Labor Relations Act protects your right to strike in some situations. Determining whether or not a strike is legal and what protections you have depends on the reason for the strike, how the workers and employer behaves, the type of workplace, and other factors. For more information on which strikes are protected visit the National Labor Relations Board website:https://www.nlrb.gov/strikes. For public sector employees (federal, state, city, etc.), or workers in the transportation industry covered by the Railway Labor Act, the right to strike is more limited. Washington State law explicitly bars most state, municipal, and county workers from striking, although public school teachers’ right to strike is unclear.  Strikes by federal workers are generally illegal. When strikes are illegal, however, other types of concerted action by workers may be permitted.

Some workers, including agricultural workers, domestic workers, and independent contractors do not have a legal right to collective bargaining, but they can still organize to improve their working conditions. They can form workers’ organizations that look out for their well-being.

The steps to form a workers’ organization that represents your interests are the same whether or not you have a legal right to collective bargaining.

• Identify the issues that workers care about and the changes they want to make.
• Build a leadership committee that can communicate with workers all over the workplace.
• Find allies in the community – unions, community organizations, teachers, etc. – who understand how your workplace organizing will make a positive contribution in the community.
• Use collective actions to ensure the employer follows all laws that protect workers even if they don’t have a union.
• Engage in grassroots fundraising from workers and your community to help create and maintain a strong organization.
• Develop productive ways to discuss job issues with your employer. This might include a labor-management committee.
• Find ways to protect each other if the employer tries to divide you.
• Keep good records about what is happening on the job, and celebrate your victories!

Washington State Labor Council, AFL-CIO

You can visit the Washington State Labor Council’s website to find a list of unions, news about the labor movement, or contact them for support. They are the largest labor organization in the state. The WSLC’s core programs are to assist workers with organizing campaigns, advocate for policies protecting and benefitting workers, and education on worker issues. They can also direct you to one of 15 local labor councils across Washington State, including MLK Labor (http://mlklabor.org/) in King County. 321 16th Ave S. Seattle, WA  98144 (206) 281-8901   www.wslc.org  

Casa Latina

Casa Latina empowers metro Seattle’s Latinx immigrants by providing them with educational and economic opportunities, giving people tools they need to work, live, support their families and contribute to the community. 317 17th Avenue South, Seattle, WA 98144 206.956.0779   http://casa-latina.org/

Working Washington

Working Washington is a statewide workers organization with a mission of building a movement to improve wages and working conditions, and advocating for raising wages, improving labor standards, and changing the conversation about wealth, inequality, and the value of work.  Visit their website: http://www.workingwa.org/, or reach them at: [email protected] | Phone: 253-256-5176

WA Building and Construction Trades Council

The Washington Building and Construction Trades Council unites many building and construction trade unions. Their website is www.wabuildingtrades.org

Labor Education and Research Center, South Seattle College

If you need education on your rights or how to develop the skills you need to organize, contact the Labor Center – http://georgetown.southseattle.edu/lerc/.