The Process of Building Your Own Union

National Labor Relations Board Procedures:

The National Labor Relations Board is the Federal organization that oversees labor and management conduct within private employment settings. Created in the early 1930s, its goals are to promote equity and fairness. “It is declared policy of the United States to encourage collective bargaining and by protecting the exercise of employees the full freedom of association, self-organization and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment” (Page 2 of the NLRA). The following are procedures required to win union representation:

Filing a Representation Petition

The NLRB requires only 30% of eligible voters to sign union representation cards. However, NUHHCE requests that 75% of the eligible voters in a specific bargaining unit sign union representation cards. This is to ensure victory.

Informal Conference

After a petition is filed, the NLRB will schedule an informal conference including representatives of NUHHCE and management. At this conference the NLRB tries to get all parties to agree on what classifications of employees are eligible for the bargaining unit and when and where the election should be held.

Formal Hearing

If no agreement is reached at the informal conference, the NLRB will schedule a hearing to determine the job classifications eligible to vote. A Board representative will hear testimony from both sides and render a decision and a Direction of Election.

Secret Ballot Election

Usually scheduled 25-45 days after the NLRB issues Direction of Election. The election is by secret ballot and is supervised by an NLRB representative and will be held on company premises. Non-management employees designated by your Union and by the employer will be at each polling place as observers.

Counting the Votes

Normally the votes are counted by the NLRB the day of the election, after the polls have closed. The count is public and employees are welcome.

Certification

After the election, the NLRB certifies the result of the election. If a majority of the employees actually voting (not a majority of those eligible, but of those actually voting) votes for the Union, the Union is certified as a legal representative of the entire group for the purpose of collective bargaining.

Bargaining

A representative negotiating team, from all work areas and shifts, is elected by the employees to begin the bargaining process with the help of Union Administrative Staff. Each employee is asked to report which policies, benefits, and procedures need to be changed and which need to be kept. Once compiled, these issues form the starting point for the negotiating team. When the Union is certified to represent the employees, the employer is required by law to negotiate in good faith with your Union negotiating team. The employees must vote by secret ballot to accept the terms of contract proposals and the final agreement.

The National Labor Relations Act Also Says:

Section 7

“Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively trough representation of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining.”

Section 8

“It shall be an unfair labor practice for an employer to interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section 7.”