Unions and Labor Law: Your Right To Organize in the Workplace

Individual workers don’t have much negotiating power with a large company. But when those individual employees work together, their collective bargaining power improves. Unions allow workers to negotiate better working conditions, higher salaries, and benefits.

Federal law protects workers’ right to organize in the workplace. Some states have additional labor protections. The following is an overview of union organizing and labor law. To understand the right to organize workers in your workplace, talk to a labor and employment lawyer.

Workers’ Rights and the Benefits of Unionizing

Federal law protects employees’ right to form a union. Labor unions harness workers’ collective bargaining power to negotiate for better conditions of employment. Collective bargaining can help secure better wages, benefits, and legal protections. Unionized workers generally have higher pay than nonunion workers in the same jobs.

Benefits of joining a union can include:

• Higher wages
• Better hours
• More vacation time
• Better healthcare insurance
• Better pensions or retirement plans
• Greater workplace safety practices
• Representation in disputes with the employer
• Stronger job protections

Union members generally pay union dues to support collective bargaining administration, representation, and other union efforts. Employees who object to full union membership can pay limited membership dues for core union representation. Workers in right-to-work states can refuse to pay union dues even when they get the benefits of a collective bargaining agreement.

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Employers Can’t Engage in Unfair Labor Practices

Your employer cannot spy on, threaten, or fire you for unionizing or participating in union activities. They cannot prohibit you from soliciting or talking about labor unions with coworkers during non-work time.

According to the NLRB, unfair labor practices include:

• Threatening to fire or demote workers for joining a union
• Threatening to shut down a business if workers unionize
• Questioning workers about union activity to interfere or restrain their worker rights
• Promising benefits to workers who do not join a union
• Giving unionizing workers lower pay or worse work conditions
• Punishing workers for participating in an NLRB investigations
• Retaliating against an employee for reporting labor law violations

As an employee, you have the right to join or not join a union. Workers trying to unionize can’t coerce you into joining. You can even campaign against unionization. However, when employers interfere with union organizing, it generally violates federal labor protections.

The Legal Foundations of Unionization

Under federal law, you have the right to form or join a union. A workers’ union acts as a collective bargaining unit to negotiate with employers over employment terms and conditions.

The National Labor Relations Act of 1935 (NLRA, also known as the Wagner Act) established many of the federal protections for union and labor organization. The NLRA established the National Labor Relations Board (NLRB), the federal agency that enforces federal labor laws.

The Taft-Hartley Act of 1947 rolled back some of the protections of the NLRA, allowing state laws to limit union organization. Half of all states have since adopted right-to-work laws, which prohibit union security agreements. Employees in unionized workplaces can refuse to join the union and not pay union dues to support union representation.

Unionized workplaces can help build stronger businesses. However, many businesses and pro-business interests continue to challenge union organization. Over the years, union membership has declined. At its peak in the 1950s, the number of union members was about 35 percent. According to the Bureau of Labor Statistics, union membership was 20.1 percent in 1983. Today, union membership is only about 9.9 percent. Union rates are higher in the public sector than for private sector employees.

Can All Workers Join a Union?

Labor laws do not apply to all workers. Generally, the NLRA applies to private sector jobs. State and local government employees typically fall under local labor laws. Exempt employees (including administrators and supervisors) don’t have the same labor protections.

Federal labor laws generally don’t apply to independent contractors. However, many independent contractors are miscategorized and are actually employees. Some employers intentionally misclassify employees as contractors to deny their protections and labor rights. Talk to a local employment and labor lawyer to find out if the NLRA and local laws protect your right to organize.

Steps To Organize a Union in Your Workplace

Starting a union generally begins with soliciting coworkers and talking about the benefits of unionization. After getting a majority of coworkers to sign union authorization cards, you can go to your employer.

Ask your employer for their voluntary recognition of the union. If your employer recognizes the union, you can start negotiating a collective bargaining agreement. If your employer does not recognize the union, you can file a petition for an NLRB election or strike for union recognition.

For NLRB election, you can file a petition with your local NLRB office. You need at least 30 percent of coworker support to file the petition. An NLRB agent helps with setting up fair and appropriate elections. If the union election gets a majority of votes, the NLRB will certify the union to begin collective bargaining.

The employer and union representatives can bargain for working terms and conditions. Both parties must negotiate in good faith. If the employer and union can’t come to an agreement, the employer can declare an impasse. If the union does not think the employer has negotiated in good faith, they can file a charge with the NLRB. The NLRB will ask the employer to return to negotiations if there is not an impasse and can force the employer to negotiate with a court order.

Getting Legal Help To Form a Union

For help with forming a union, contact the NLRB online, by phone, or visit your local NLRB office. You can also file a complaint with the NLRB if you think your employer is using unfair labor practices.

If you have questions about how labor laws protect your union rights, talk to a local labor lawyer. A local labor attorney understands federal protections and your state labor laws. Contact a local employment and labor lawyer for legal advice.