How to Form a Union

Use these links to jump to different sections:

• Step One: Testing the Waters
• Step Two: Forming a Committee of Represented Coworkers
• Step Three: Building Majority Support
• Step Four: Making It Official
• Step Five: Labor Contract Negotiation
• Find Experienced Legal Help

Many workers may be interested in exploring how forming a union could help keep them safe in the workplace and protect their employee rights. Employment and labor attorney Joe LeBlanc of LeBlanc Law & Mediation in Minneapolis has seen increased interest amongst workers in starting up union-organizing campaigns.

“A lot of the times,” LeBlanc says, “things that really get people motivated to organize a union campaign are safety issues… For example, are they getting the right protective gear? One of the big advantages that unions offer is that you’re just-cause employed versus being at-will employed.

“With at-will employment, you can be terminated for any reason except a prohibited reason, but with just cause, the employer has to actually follow progressive discipline and go through steps to remove you from employment.”

There are five steps involved in organizing a union.

Step One: Testing the Waters

First, coworkers should talk amongst themselves to see if there are shared issues—such as pay, work schedules, safety, or any unfair labor practices—that the majority of them feel similarly about.

“The tip I’d add: You don’t really want to make this public yet,” says LeBlanc. “You want to talk about this after work, outside of work, or on breaks. You wouldn’t want to talk during work hours yet. Wait until you feel like you’ve got a good number of people who feel strongly about a similar issue.”

Step Two: Forming a Committee of Represented Coworkers

LeBlanc says the organizing committee should represent about 10 percent of the total number of employees. “You want to make sure these people are active, engaged, and feel strongly about the issue. You also want to have that committee of union supporters to be as diverse as possible.”

At this time, workers should investigate preexisting union membership to determine if joining one would be the right move.

Step Three: Building Majority Support

If forming a union comes down to a vote, at least 50 percent of employees have to vote yes. “Committee members want to focus on talking to your co-workers about how the union can help you—making sure they understand that in this process, the union is actually them. It’s their responsibility to try to be union members actively involved in this process, and that’s how unions give them a voice in their outcome.”

Step Four: Making It Official

Making the union official can involve having coworkers sign union authorization cards to let an employer know there’s enough support to win a majority vote if there’s a union election. Then, you must inform the National Labor Relations Board (NLRB) that you have enough support to request a vote. Alternatively, you can request the employer voluntarily recognize the union, bypassing the election.

“Sometimes the employer will skip the election, sometimes the employer won’t,” LeBlanc says. “But if they do recognize voluntary recognition, or you win the election, then you go on to the next step, which is negotiating the contract.”

Step Five: Labor Contract Negotiation

The last step involves creating a team to negotiate a strong contract or collective bargaining agreement with the employer. “One of the big advantages if you’re working with an established union is they usually already have a lot of contracts that have been negotiated,” LeBlanc says, “and have language that they can adapt to help you, which could really help you get a strong contract.”

And don’t lose sight of the original goals. “Think back to why you formed this. If it was job safety, job security, working conditions, and health care, you really want to put those protections into the first contract and fight for it. This gives you a chance to get a voice into your workplace.”

Find Experienced Legal Help

Visit the Super Lawyers directory to find an experienced labor law attorney for legal advice in the union-forming process. For more information on this area of the law, see our labor and employment law overview.