You have the
legal right under Section 7 of the National Labor Relations
Act to join or support a union and to:
1.Attend
meetings to discuss joining a union.
2.Read, distribute, and discuss
union literature (as long as you do this in non-work areas
during non-work
times, such as during breaks or lunch hours.)
3.Wear union buttons, T-shirts,
stickers, hats, or other items on the job.
4.Sign a card asking your
employer to recognize and bargain with the union.
5.Sign petitions or file
grievances related to wages, hours, working conditions, and
other job issues.
6.Ask other employees to support
the union, to sign union cards or petitions, or to file
grievances.
Secret
Ballot Elections
To establish a union in a
workplace, a majority of employees must express support for
the union.
In most
situations, the employees prove majority support through a
secret-ballot election conducted by the National Labor
Relations Board.
"Good Faith"
Bargaining
After the
union's election victory is officially certified by the
National Labor Relations Board, your employer is legally
required to negotiate in "good faith" with the union
on a written contract covering wages, hours, and other working
conditions.
Protection From Employer
Action
Under Section 8
of the National Labor Relations Act, your employer cannot
legally punish or discriminate against any worker because of
union activity.
For example,
your employer cannot legally do the following:
- Threaten to or actually fire, lay off, discipline, harass,
transfer, or reassign employees because they support the
Union.
- Favor employees who don't support the Union over those who
do in promotions, job assignments, wages, hours, enforcement
of rules, or any other working condition.
- Shut down the work site or take away any benefits or
privileges employees already enjoy in order to discourage
Union activity.
- Promise employees a pay increase, promotion, benefit, or
special favor if they oppose the Union.
ENFORCING YOUR RIGHTS
Some employers try to prevent
the workers from joining a union. The best way to encourage your
employers to recognize your union and negotiate a fair contract
is to build a strong organization where you work. If your
employer violates the law, the union can help you file
"unfair labor practice" charges with the National
Labor Relations Board. The Labor Board has the power to order an
employer to stop interfering with employee rights, to provide
back pay, and to reverse any action taken against workers for
union activity. You can help protect your legal rights by:
- Keeping written notes of any incidents in which Company
Officials or Supervisors threaten, harrass, or punish
workers because of Union activity.
- Immediately reporting any such incidents to your
Organizing Committee and the Union Staff.
- Your notes don't have to be worded a certain way, but you
should include what was said or done, who was involved,
where and when it happened, and the names of any witnesses.
THE NATIONAL LABOR
RELATIONS ACT SAYS:
Section 7: "Employees shall have the
right to self-organization, to form, join, or assist labor
organizations to bargain collectively through representation of
their own choosing, and to engage in other concerted activities
for the purpose of collective bargaining . . ."
Section 8 (a):
"It shall be an unfair labor practice for an employer . . .
to interfere with, restrain, or coerce employees in the exercise
of the rights guaranteed in Section 7 . . .
Copyright 1996, The International Association of
Machinists and Aerospace Workers |