Organizing Info (Page 2)

So, in a nutshell, when the employee is standing in the ballot booth it comes down to a personal choice. A "yes" means, sure, why not see what the Union can do for us. A "no" means business as usual, serving at management's will. A "Yes" is opportunity knocking. A "no" is a lost opportunity.

Employees need to know that employers and unions may not Threaten, Interrogate, Promise, or Spy (TIPS) during the organizing drive. Employers should understand that this type of activity in or around an organizing drive would likely be viewed as an unfair labor practice by the NLRB who can then force the company to recognize and bargain with the Union without having to go to the election.

The company has an advantage during the drive because they have access to employees for 8 or more hours a day. They may have "captive audience" meetings or show slick videos and present information that is designed to make employees doubt that the Union is the right choice. The Union typically doesn't have as good access to the employees. Therefore, it is important for employees to keep an ongoing open channel of communication with the organizer and other supporters throughout the organizing drive. The Union needs the opportunity to respond to challenges made by the employer, and can only do so if it knows about them.

The simple truth is that it will cost the employees nothing to see if the Union can get them something. A majority of "yes" votes simply puts the Union (you) at the table with the employer to discuss and agree upon all the terms and conditions of employment.

After the Union is certified as the employees' collective bargaining agent the Union will make a demand with the company to commence bargaining. The National Labor Relations Act requires that both parties bargain "in good faith." That is a phrase that means they must come to the bargaining table, exchange proposals, and engage in bargaining on a regular basis with the goal to reach agreement.

When an agreement is reached the employees in the bargaining unit get to vote a second time. This time it is to approve or reject the bargained agreement. Only after a majority approve the contract and it is ratified do employees begin paying dues.

The Organizing process is not always an easy one. However, the benefits can be extremely rewarding. The best chance for success in prevailing in an election and at the bargaining table is to have a group of employees who are committed to improving their working lives.

What happens if a majority of voters vote "no" in the election? The Union will not be able to seek an election for a year. So, obviously the Union will not be able to represent the employees for the purposes of collective bargaining.

What if the employees do choose to vote "yes" but are unhappy with the progress that the Union has made in negotiations? After one year of the Union's certification as collective bargaining agent the employees have the right to seek de-certification of the Union in the same way that they elected to have the Union represent them -- by a secret ballot election. In other words, if a majority of the employees don't think the Union has adequately represented them they can vote the Union out as their representative and return to being an "at will" employee.

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