Unions

Unions exist for the sole purpose of representing workers in collective bargaining agreements with their employers. Collective bargaining is the process of negotiations between an employer and a group of employees to determine the conditions of employment. The result of those efforts is the collective bargaining agreement. This collective bargaining agreement will be the starting place for resolving disputes between the employer and its employees. Collective bargaining and union organization is governed by a federal law, the National Labor Relations Act (NLRA). If you are organizing a workplace or engaging in collective bargaining from either side of the table, contact a labor lawyer for experienced counsel on union issues.

National Labor Relations Act (NLRA)

The NLRA governs collective bargaining. Under the NLRA, employees have the right to decide whether to have a union represent them for bargaining purposes. Unions are governed by the National Labor Relations Board under the authority of the Act. As part of the NLRA, Congress gave the NLRB the authority to conduct secret ballot elections in workplaces. A secret ballot election shall be conducted only where a petition electing to have such an election has been filed with the regional office of the NLRB. If the petition for a secret ballot election is approved, such election is held; if a majority of ballots cast approves the decision to organize, the workers at that location will be entitled to organize into a formal union.

The NLRA does not apply to all workers. The Act specifically excludes from coverage those workers who are:

• Agricultural workers.
• Employed in the domestic service or any person in a home.
• Employed by a parent or spouse.
• Independent contractors.
• Supervisors.
• Employed subject to the Railway Labor Act.
• Employed by state, local or federal government.
• Employed by any person who is not defined as an employer under the NLRA.

If the workers in a plant or location agree to unionize, the individual employees will then become members of the union and will pay dues into the union to cover the costs of the services provided. A company may have union and non-union workers at the same location.

Collective Bargaining

The NLRA establishes procedures for selection of a labor organization to represent employees in a collective bargaining agreement. Employers are forbidden from interfering in this process. Under the NLRA, the employer is required to bargain solely with the representative chosen by the employees.

Unions represent employees in collective bargaining processes with employers on a number of issues, including wage and salary negotiations, benefits like health care insurance and paid time off, general working conditions, and health and safety standards in the workplace. Unions can be useful to employees during these negotiations because they are experienced in these matters and familiar with the governing laws. Unions representing a large number of workers are usually in a better negotiating position than the workers would be individually.

Conclusion

Eligible workers have the right to elect to have a qualified labor organization represent their interests in the bargaining process. If you have a question about organizing or collective bargaining, contact an experienced employment law attorney to determine what rights you may have.

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