The first step is to contact an appropriate union. A good starting point is to look for a union which represents workers similar to yourself. Try to contact some of its members and ask them what they think of their union. When you contact a union, identify yourself and explain your situation. A good union will send an organizer who will meet with your group and explain the steps which must be taken to form a union. The organizer will answer your questions, explain what is legal and what is not during an organizing campaign, etc. Ask a lot of questions. You deserve to have the best union representation possible.

The National Labor Relations Act (NLRA) and National Labor Relations Board (NLRB) procedures cover the labor laws, which affect you and the formation of a union. The NLRA set forth the following general procedures for union formation:

You must show, usually by signing "union Authorization cards" that there is sufficient interest in unionization for the NLRB to call for an election. Generally 30 percent of the people in the bargaining unit as you define it must sign authorization cards to satisfy the NLRB. The union organizer will supply these cards.

Once the authorization cards have been signed, you can ask your employer to voluntarily recognize the union. If the employer agrees and the NLRB is satisfied that the union represents the will of the majority of workers, then the next step is to begin collective bargaining. Chances are, though, that the employer will not voluntarily recognize the union. In that case you must petition the nearest NLRB regional office for a union certification election.

Your employer can agree to an election immediately upon notice from the NLRB, but if it does not, the NLRB office will conduct an election hearing. First the presiding NLRB officer (called a hearing examiner) will check authorization cards to make sure that there is sufficient interest.

Next the NLRB will establish an election date and designate polling places. On the day of the election a NLRB officer will be at your workplace where he/she will set up a polling booth. The employer and the union have a right to assign poll watchers and to challenge any person whom they think should not be allowed to vote. Voting is done by secret ballot; the name of the union plus "no union" appears on the ballot. You must check one of the boxes for your ballot to be accepted.

If the union wins and there is no challenge to the election, the NLRB will then certify the union and bargaining can then commence. The election may be challenged if one party accuses the other of unfair labor practices during the election. The NLRB or the courts can throw out an election and order a new one if they feel that unfair labor practices seriously affected the election's outcome.

It is possible that the NLRB will certify a union without an election if the employer's conduct is such that a fair election is impossible. For example, some employers create a climate of fear during an election campaign by firing, transferring, and/or demoting union supporters; by interrogating workers about their union sympathies or to find out who the leaders are; by threatening to close down the shop or even to physically harm the employees; by offering pay raises or bribes; etc. Such gross violations of the law have been occurring more and more frequently. In such cases the NLRB has the power to order certification for the union even if it loses the election, because a fair election is no longer possible.

Yes, but generally speaking, it must be during nonworking time. However, the National Lawyers Guild says, "If workers are allowed to talk while working, then they can also talk about organizing so long as it doesn't interrupt production or cause discipline problems.

This is all right, but it must be done in nonwork areas of the job site and during nonworking time. Again, the National Lawyers Guild says, "If there is a bulletin board for workers to post personal notices, they can use it to post organizing notices also. If workers are allowed to distribute literature about other kinds of subjects in work areas, then they can also distribute organizing literature.

No. This would be an unfair labor practice. An exception would be if this interfered with your job or was unsafe. Make sure the wording on the button or sign is "decent." ( Construction sites are not considered unsafe or affecting your job in this case).

Private interrogation by a boss is an unfair labor practice. Be sure you write down and date what was said at any such meeting and try to get a witness who knew about the meeting. It is probably better not to refuse to go to a meeting because your boss could say he/she was not going to talk about unions.
If your boss asks you casually and not in private about the union, this may be an unfair labor practice. Of course, you do not have to answer the question. It would be an unfair labor practice to punish you for this.

Yes, but only on work time. And, the employer will most likely say misleading things about the union. In fact, the employer can say just about anything about the union as long as he/she does not threaten you or offer you some benefit to vote against the union. There are many things which can be threats or promises. Your best bet is to write down everything that is said. If you think a threat was made, discuss it with the union to see if it would be wise to file a charge of an unfair labor practice.

Sometimes the discrimination is so obvious that not much proof is required, although you should always keep notes of exactly what happened, when, and to whom. On the other hand, some cases are not so clear cut. In those instances the NLRB will decide. The NLRB uses the following guidelines in such cases:

If the purpose or effect of the threat is to deny workers their Section 7 rights under the National Labor Relations Act, then the threat is an unfair labor practice.

Employers to help bust a union organizing campaign commonly use union-busting consulting firms. For high fees, these consultants will either teach a company how to try to keep the union out or they will do the dirty work for the company. In many cases the consultants simply tell the company to violate the labor laws and then show them the best way to do it. In other cases they recommend that a company obey the letter of the law but violate the spirit. In either case the results are the same: workers are harassed, cajoled, and intimidated and may vote against the union.

It is not that difficult to spot the consultant's handiwork. Usually there will be a sudden change in the management's relation to its workers. Here are some things to look for:

A barrage of letters from the boss, all addressed personally to the employees, and all written in a certain format. The tone of the letters will be basically friendly. You will be told how well the company has gotten along with you in the past, how the employer's door is always open if you have complaints, how the company takes a personal interest in you and so forth. You will also be told, sometimes subtly and sometimes directly, that the union cannot and will not do much for you. The union will called an outsider, interested mainly in collecting your dues.

Usually the letters distort the nature of collective bargaining, aneffective technique when few of the workers have had any experience with it. You may be sent a card with all the things the union has said it would fight for in negotiations. Then you are asked to go to the union organizers and try to get them to give you signed guarantees that you will win all of these things. Of course, nobody could guarantee you these things, but neither would management. (Take a similar card to your boss and try to get him or her to sign it!).

Close personal supervision by your supervisors. Your immediate supervisors will be recruited to do the consultant's dirty work. They will watch people very closely to try to find out who the union supporters are. (Private interrogations are illegal, so if you are forced to meet privately, make a note of the time, place, and the nature of the conversation for a possible future unfair labor practice charge). Supervisors will make derogatory comments about the union and may begin to harass and intimidate you. The whole idea is to create a climate of fear and distrust.

New strict work rules which may limit the ability of workers to communicate with one another. For example, union supporters might be transferred to places where they cannot talk to coworkers.

So, if you suspect that your employer is using a consultant, there are several things that you can do. First, since many consultants either tell their clients to break the law or stop just short of breaking it, chances are your employer will commit unfair labor practices.

Probably the best tactic to use against consultants is publicity. There are a lot of effective things that can be said and done to counter the consultants. You can point out how much money the employer is spending on consultants, money that could be used to raise your wages and improve your working conditions. You can also picket the consultant's offices to make the public aware of what consultants do.

"At-will" employment is the common law concept, pretty much unique to the United States, which gives an employer the right to fire a worker for any reason at all, that is, at the employer's will. Nearly all employees not protected by a union contract are at-will employees. Of course, an employer cannot fire a worker because of that worker's union activity or race, sex, creed, ethnic origin, or age. But in all other situations, unless protected by a union contract, most workers could be fired for any reason (e.g. appearance, demeanor, weight, sexual preference, whistle-blowing, etc.) or for no reason at all.

THE VOLUNTEER ORGANIZING COMMITTEE

An active, representative organizing committee is the most important element in a successful campaign. It is the foundation upon which a strong union is built.

The inside organizing committee provides the leadership and inspiration to win and sustain majority support among the workforce. These are the people who are in the workplace every day, combating management lies and rumors, teaching people what a union really is, showing people that they don't have to be afraid to stand up to management.

Except in very small units, the organizer cannot talk to every worker on a daily basis. But the organizer can be in daily contact with the committee. And the committee can be in daily contact with the rest of the workforce. So with a committee, the face-to-face communications so necessary to win is possible.

THE ORGANIZING COMMITTEE HAS A NUMBER OF CRITICAL FUNCTIONS DURING THE CAMPAIGN:

Provides leadership. By openly supporting the union, the committee provides leadership and inspiration to the rest of the workers. Committee members take part in planning the campaign, and in carrying out union activities.
Conveys a sense of ownership. Since the committee consists of the workers themselves, workers get a greater sense of ownership of the union. The union is not some outsiders; it is the people themselves.
Educates co-workers. At committee meetings, committee members learn more and more about the union. They bring this information to their co-workers. They can respond to management misinformation as soon as it appears.
Serves as a communication network. Committee members are the eyes and ears of the organizer in the workplace. They can tell the organizers what is happening in the campaign, what the issues are, and what people's concerns are.
Acts as a watchdog. The committee keeps records of threats or other legal violations committed by the employer. Committee members know their legal rights, and can share this information with others.
Distributes literature and signs up co-workers. The committee is responsible for giving out leaflets to the workers, and are usually the ones who sign up the workers on union cards or petitions. The fact that the committee members give out the leaflets shows workers that they don't have to be afraid to engage in union activities.

GETTING PEOPLE INVOLVED!

The more workers involved in the campaign, the more likely you will succeed in winning recognition, securing a first contract, and building a healthy local union that will remain strong for years to come. The main way you recruit people as active participants in a campaign is by explaining that there will only be a union if they work to create one, and take ownership of the process. Also:

Ask. The best way to get someone to do something is to ask him or her personally. This is infinitely more effective than trying to recruit through a mailing or phone call.

Make clear what job you are asking people to do. People are more willing to begin with things they know they can do. When they accomplish something, they are more confident, and will participate more next time. Encourage people to ask questions. Remember that most people have never been through an organizing campaign before and that they don't know what tasks are involved or what is meant by "leafletting" or "house calling."

Tell each person how his or her job fits in with the rest. People want to understand what they are part of, and they work best when they know that together are depending on them.

Start small and build. The first time, ask someone for three addressees and phone numbers. Don't ask them to find 150 addresses in two days, they will probably fail and you will lose a potential activist. People will be more willing to do more as their confidence builds.

Keep people accountable. At each meeting, check and see if and how the person did the assignment. This sends the message that the work is important, and helps to identify problems early.

Explain how their work will help make people's lives better. Be enthusiastic about the importance of the work. People will work hard and take enormous risks if they truly believe they can make a difference.

THE EMPLOYER'S CAMPAIGN

Because the boss lives in mortal fear of having to share power with you, he will do whatever it takes to defeat your efforts to build a strong, democratic union.

The goals of the anti-union campaign are the direct opposite of the union's

They want to divide
We want to unite!


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They want to confuse

We want to educate!

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They want a tense and stressful environment

We want a relaxed, calm, open environment!

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They want to scare people

We want to empower people!

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They want to distract people from the important workplace issues

We want the focus of the campaign to be on workplace issues!

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They want to retain a system where someone else has the power to make all decisions for you. We want to have a real decision-making partnership where we have the right to fully participate in every decision that affects us and the jobs we do.

CAPTIVE AUDIENCE MEETINGS

While some employers set-up mandatory, large-group meetings early in a campaign if they think it can slow or reverse the union's momentum, most of the mandatory, large-scale meetings happen in the last weeks of a campaign. Most of the time, attendance is required.

The most common format is a speech by the president or owner of the shop. During this anti-union meeting do not expect a free, open discussion or a free-wheeling question and answer period following the presentation. The final captive audience meeting usually takes place in the few days preceding the vote and frequently features a slick video prepared specifically for this audience and this campaign. Sometimes, earlier in the campaign, groups of employees are forced to attend meetings where generic anti-union videos are shown (again without discussion or debate or questions and answers).

The first captive audience meetings are fairly tame, they will tell you that they think the union is a bad idea for the company. They will try to convince you and your co-workers that, together management, supervisors and employees can do a lot and bring about real change without the "problems" unions create.

As the campaign progresses, the captive audience meetings become much more intense. The person delivering the anti-union speech is more serious. Everyone is more tense and uptight after weeks and months of the campaign.

Discussions, debate or questions are not welcome. No law requires them! They can ask you to leave if they don't like your comments or behavior. They can force you to leave. They do not have to invite strong union supporters, if they think that you might spoil their presentation.

For the president or owner of the company, this is the climax of the anti-union campaign. He must be serious and in control. Unequivocal and unbending in his statement of opposition to the union. Yet he also must be more human, compassionate, trustworthy and believable than he has ever been during the campaign. For, this is the time when, with compelling sincerity, he will ask for "another chance".

CAPTIVE AUDIENCE MEETINGS

If your supervisor insists that you take a company letter, there really isn't much that you can do. Just be polite...and, once again, ask your supervisor to show you some respect and not to bother you with these letters. You don't really have to read them or discuss them with him.

You might want to ask "Why?" are they bothering you so much with these letters? "Why?" are they interfering so much with your work? And, "Who?" is really writing them? You might want to ask your supervisor if he is really comfortable bothering you like this.

CHALLENGE THEIR FACTS! Don't let their lies, distortions and misrepresentations go unchallenged. Correct their distortions PUBLICLY! Propose that the union staff be invited to address these claims at a company meeting or at the captive audience meetings. Every opportunity you get, propose "open forums" where representatives of both the union and management can respond to questions of employees who voluntarily attend.

ONE-ON-ONES

"One-on-Ones" are a critically important piece of the anti-union campaign. Supervisors and sometimes managers will call employees in for face-to-face "discussions" about the union. These are not voluntary nor are they casual. If it is on paid time, employees have no choice but to go if the owner or supervisor insists. Remember, for the amount of hours they pay you, they essentially own you and they can require you to go to these meetings.

In a one-on-one, you are entirely alone with your supervisor! That can be pretty scary and intimidating! And, that's the point!!!

The company owner or supervisor have an agenda to follow. it may be constructed around one of the boss' letters or be more conversational. In any event, the owner or supervisor has the employee alone in a room with no one there to support or defend the employee or to counter what the owner or supervisor says. there is no equal time for the union side. Most of the time they do not target the strong union supporters but the more vulnerable employee who they believe can be moved to their side.

The more intense one-on-ones are more frequent later in the campaign, especially in the 4-6 weeks before an election.

SO, WHAT CAN WE DO TO BEAT THE ANTI-UNION CAMPAIGN?

LET'S START WITH SOME OVERALL COMMITMENTS:

1. We will always be respectful of other people's opinions and feelings.

2. We will answer all questions about the union honestly and to the best of our ability.

3. We will do everything in our power to keep the campaign positive and focused on the issues.

EACH ORGANIZING COMMITTEE MEMBER AND UNION SUPPORTER

SHOULD START BY DOING THE FOLLOWING:

Be open and public about your support for and commitment to the union.
Ask management and your supervisors to respect your decision and commitment and the decisions and commitments of all your co-workers.
Ask them not to bother, harass or discriminate in any way because of someone's support for the union.
Ask them not to interfere in any way with anyone's legal right to support the union.
Ask them to conduct all campaign activities openly, honestly, respectfully and democratically.

HOW DO WE BEAT THE CAPTIVE AUDIENCE MEETINGS?

Assuming that union supporters are invited to these meetings, at the very beginning of the meeting, rise, identify yourselves as union supporters and, very respectfully, declare that this meeting is taking many of you away from important work. Don't get into a confrontation and don't leave the meeting!

Try to turn the meeting into a more democratic forum. By doing this you should be able to expose the boss' hypocrisy. He has no interest in an honest, open and democratic discussion and exchange of ideas!

Propose to the person running the meeting that instead of a controlled, mandatory meeting that he should agree to a series of regular, perhaps weekly forums. Employees would be free to attend, voluntarily to ask any questions of management or union representatives. The forums would be held on company property for the convenience of employees.

If they agree then all employees will get the whole truth about the union organizing campaign. If they say NO ask why are they afraid of free, open discussion. Ask why we are all required to sit here and listen to just one side of the story?

As a rule, it's not a good idea to disrupt the owner's presentation, after your proposals have been rejected. Remember, he is really speaking to the "swing" and "undecided" voters and he has been prepared to turn your interruptions or disrespect to his advantage in the eyes of the voters he is targeting.

During the owner's presentation, try to respond to the things he says and try to set the record straight. Don't let the lies and distortions go unchallenged! But, do it respectfully!!

If you are asked to leave, do so; but, first, try to shame them, in the eyes of your co-workers, for the undemocratic and disrespectful nature of the proceedings.

If union supporters are not invited, you should nevertheless show up at the meeting and try to gain entrance. Your strongest argument is, once again, the one of democracy and respect.

When the meeting is over, talk to every identified union supporter to determine what effect the boss' performance had on them!

UNION BUSTERS

"The only way to bust a union is to lie, distort, manipulate, threaten and always, always attack... really the consultants are terrorists. Like political terrorists, the consultants' attacks are intensely personal."

During any organizing campaign your employer will ultimately hire a union-busting consultant to run his campaign to try and defeat the employees legal right to join a union. More often than not these consultants are attorneys and they operate their campaigns of deceit from the sidelines.

Marty Levitt, a former union buster has described in vivid details the way union busters go about their business in his book Confessions of a Union-Buster. According to Levitt: "Union busting is a field populated by bullies and built on deceit. A campaign against a union is an assault on individuals and a war on the truth. As such, it is a war without honor. The only way to bust a union is to lie, distort, manipulate, threaten, and always, always attack."

When your boss hires labor relations consultants or attorneys to battle with the union, he gives the consultant run of the company and closes his eyes. The consultant goes to work creating a climate of terror that inevitably is blamed on the union. These consultants go about the business of destroying unions; they invade people's lives, demolish friendships and crush the will of the employees to make a better life for them and their families.

The Amalgamated Lithographers of America would like to thank

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

LOCAL 103 OF GREATER BOSTON

BILL CORLEY, ORGANIZER

for their kind permission to reprint the above article