How do you unionize a workplace?

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Reviewed by
Jeffrey Johnson

Updated July 2023

The first step is to determine whether you want to form your own, independent union or to affiliate with an established national union. Second step, if it is the latter, contact a union that you and your coworkers are interested in having unionize your workplace. Look in the yellow pages of the your telephone directory under Labor Organizations for union listings.

Next step is to determine if there is a general level of interest in having a union represent your group of workers. If more than 30% of the employees sign “authorization cards”, a union will ask the local National Labor Relations Board (NLRB) to hold a secret ballot election. A period of time is allowed for discussion of the merits of having a union before the election is held. If the union wins the election, employees who have a “community of interest” (similar working conditions, jobs, hours and supervision) form a bargaining unit to have the union represent them.

Once a union is established, the union representative(s) and the employer bargain in good faith to enter into an agreement regarding the wages, hours, insurance benefits, pension benefits, vacations, seniority rights, job performance, work rules, promotion procedures, layoffs, transfers, and other terms and conditions of employment. The contract resulting from this negotiation is called the collective bargaining agreement. Should the employer violate the collective bargaining agreement, there is a grievance procedure that the union can use to obtain a remedy.

Case Studies: Unionizing a Workplace

Case Study 1: Independent Union Formation

John and his coworkers decide to form their own, independent union. They research labor organizations in their area and find contact information for potential support. They gather the necessary resources and information to establish their union, such as understanding the legal requirements and guidelines for forming a union.

Case Study 2: Affiliating With an Established Union 

Sarah and her colleagues believe affiliating with an established national union is the right choice for them. They research and identify a union that aligns with their interests and goals. Sarah contacts the union and expresses their group’s interest in unionizing the workplace. This step establishes communication with the union and initiates the process of seeking union representation.

Case Study 3: Authorization and Bargaining

Mark’s workplace shows significant interest in forming a union, with over 30% of employees signing authorization cards. The union then requests the National Labor Relations Board (NLRB) to hold a secret ballot election. Before the election, there is a period for open discussion about the benefits and implications of union representation. If the union wins the election, a bargaining unit is formed, representing employees with a shared “community of interest.”

 

 

 

 

(Reviewed 9-08)

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