HRMantra

Union

union

6-8 minute


What is Sangha?

A union is an organized group of employees who have joined together to protect their rights to certain employment terms and conditions. Union workers  negotiate wages  , benefits, workplace health and safety standards, and other issues. The right to form a union is protected by U.S. law, and the unions themselves are governed by rules that help ensure that they fairly represent their members.

Types of labor unions

Unions form around workers with similar interests, goals, skills, and occupations, and they come in all sizes, from fewer than a hundred members to millions of workers. For example, large national unions may have many local branches. Most labor unions fall into specific categories:

  • Trade unions  represent workers who practice a specific trade or craft (e.g., masonry, nursing).
  • Industrial unions  represent workers in a particular industry (e.g., healthcare, manufacturing).
  • Public service unions  represent workers who serve the general population (e.g., teachers, firefighters).

In 2023, unions   will represent 14.4 million American workers .

How do unions work?

Unions are democratic organizations run by elected leaders who will advocate fairly and responsibly on behalf of all members. Union leadership positions often include a president, secretary, treasurer, and others. Members are usually responsible for paying union fees, which are regulated by federal and state laws and court decisions.

Unions  are regulated under laws such as  the Labor-Management Reporting and Disclosure Act (LMRDA) , also known as the ""Landrum-Griffin Act,"" and  the National Labor Relations Act (NLRA)  . While unions can be formed in many jobs, they are most prevalent in certain sectors. Examples of American labor unions include:

  • Communications Workers of America (CWA)
  • National Association of Letter Carriers (NALC)
  • National Education Association (NEA)
  • Transport Workers Union of America (TWU)
  • United Farm Workers of America (UFW)
  • Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA)

Collective bargaining agreements negotiated by a union protect all employees, even if they are not members. Many states  have right-to-work (RTW) laws  , which allow employees to work for an employer without joining a union and becoming responsible for participating and paying dues.

What is Collective Bargaining?

Collective bargaining is the process that unions and employers use to negotiate workplace issues. The solution they reach is called a collective bargaining agreement (CBA). This agreement is a legally binding contract between the union and the employer.  Organizations such as the Federal Mediation and Conciliation Service (FMCS)  are available to help facilitate this process.

How to start a union

Employees, including immigrant workers,  can form unions in one of two ways  : through voluntary recognition or  through a National Labor Relations Board (NLRB)  election. Under each method, employees must prove they have a substantial interest in the company and the NLRB must certify the union.

As an employer, you must recognize your employees' rights and  protections from retaliation under the law  . For example, you cannot do — or even threaten to do — the following:

  • Dismissing or demoting employees
  • Reduction in wages, hours, or benefits
  • Transferring employees to other work locations
  • Implementation of new employment document requirements
  • Contacting law enforcement agencies, including U.S. Immigration and Customs Enforcement (ICE)
  • Making it difficult or less desirable to work at your company (adjusting schedules,   refusing to pay overtime , etc.)

Federalization through voluntary recognition

Employers may agree to recognize their employees' union at their request. Here are the steps to establish a union through voluntary recognition:

  • Step 1:  A group of workers has employees sign a union authorization card or petition.
  • Step 2:  After demonstrating majority support, this same group requests their employer to recognize the union.
  • Step 3:  If the employer agrees, the union becomes the legal representative of the workers for collective bargaining and negotiations can begin.
  • Step 4:  The employer or worker notifies the NLRB regional office about the union.

If the employer refuses to admit the union, workers can file a petition before the NLRB to hold an election.

Unionization via NLRB election

Employees can form unions through the NLRB election process. Here are the steps to form a union through an election:

  • Step 1:  A group of workers has employees sign authorization cards or a petition proving that at least 30% of the workers want to form a union.
  • Step 2:  Workers file a petition with the NLRB, requesting a union election.
  • Step 3:  The NLRB agent reviews the request and arranges for an election by secret ballot, which can be done in person or by mail.
  • Step 4:  If the union wins 50% + 1 vote, the NLRB will certify the union as the workers' collective bargaining representative.
  • Step 5:  The employer must now negotiate in good faith with the union regarding working conditions.

Benefits and Drawbacks of Labor Union Jobs

A union job is a workplace where company policies are collectively agreed upon, and a non-union job is a workplace where the employer sets company policies. Each workplace has its own advantages and disadvantages to consider.

Benefits of Union Jobs:

  • Unionized workplaces typically  offer better pay and benefits than non-union jobs  .
  • Unions  help close the wage gap for women and minorities  .
  • Union jobs often give their employees notice of schedules well in advance.
  • Unions  are concerned with safe working conditions  and job security.
  • The purpose of unions is to strengthen the decision-making power of employees at the workplace.

Drawbacks of union jobs:

  • Some employers believe that unions can make it difficult to fire unproductive employees and promote top performers.
  • Unions can cause employers to lose revenue because of decreased productivity during a strike.
  • Union members must pay union fees out of their own pockets.
  • Employees are bound by collective decisions, even if they do not agree with the results.
  • Members are bound by the union's bylaws, so workers may be forced to go on strike even if they don't want to.

 Please consult your local union chapter, the U.S. Department of Labor (DOL) , or state government for more information  .

Back to HR Glossary

Know More About HRMantra Features