Federal law protects the right of employees' to "self organization,
to form, join, or assist labor organizations, to bargain collectively
through representatives of their own choosing..." In addition,
it is an unfair labor practice "to restrain or coerce employees
in the exercise of these rights." Employers may not fire,
threaten to fire, or in any way take action against an employee
for supporting a union.
Recognition
In order to negotiate a contract for a group of employees
a union must be the certified collective bargaining agent.
A union can be certified either by obtaining voluntary
recognition from the employer or winning a representation
election.
Collecting Authorization Cards
Authorization cards are signed by employees to designate
their wish to be represented by a union for the purpose of
negotiating terms and conditions of employment.
Federal law protects the confidentiality of anyone who
signs a card.
It is against the law for your employer to ask if you
have signed a card.
Voluntary Recognition
If a majority of the employees sign a card, the union can
notify the employer that they represent a majority of the
employees and offer to prove that majority through a third-party card check.
If the employer agrees an independent third party, either
arbitrator, mediator, etc., checks the cards against a employer-provided list of employees.
If this check confirms that a majority has signed cards,
then the employer agrees to recognize and negotiate a contract
with the union.
Election Petition
If the employer will not agree to voluntary recognition
based on a card check, then the union can petition the NLRB
to conduct a representation election.
If 33% of the employees in the bargaining unit sign cards
you can request that the NLRB conduct an election.
The union needs 50% plus one vote to win the election.
If the union wins they are certified as the exclusive
collective bargaining representative for a period of at
least one year.
During that period the employer is required to negotiate
in good faith.
