Concept
How does a union organizing campaign and certification election work?
IntroductionToBusiness OP 8D04gAa / 8.7. The Labor Relations Process*
"A nonunion employer becomes unionized through an organizing campaign. The campaign is started either from within, by unhappy employees, or from outside, by a union that has picked the employer for an organizing drive. Once workers and the union have made contact, a union organizer tries to convince all the workers to sign authorization cards. These cards prove the worker’s interest in having the union represent them. In most cases, employers resist this card-signing campaign by speaking out against unions in letters, posters, and employee assemblies. However, it is illegal for employers to interfere directly with the card-signing campaign or to coerce employees into not joining the union. Once the union gets signed authorization cards from at least 30 percent of the employees, it can ask National Labor Relations Board (NLRB) for a union certification election. This election, by secret ballot, determines whether the workers want to be represented by the union. The NLRB posts an election notice and defines the bargaining unit—employees who are eligible to vote and who will be represented by the particular union if it is certified. Supervisors and managers cannot vote. The union and the employer then engage in a pre-election campaign conducted through speeches, memos, and meetings. Both try to convince workers to vote in their favor.\n\nBenefits stressed by unions in organizing campaigns include grievance procedures, job security, improved benefits, higher pay, more influence in decision-making, better working conditions, lobbying opportunities, more job satisfaction, higher-quality products, technical training, increased production, and other benefits. Employers commonly argue that an employee can always come directly to management with a problem; a third party (the union) isn’t necessary; as a union member, employees will pay monthly union dues of $15 to $40; merit-based decisions (promotions) are better than seniority-based decisions; pay and benefits are very similar to the leading firms in the industry; the company meets all health and safety standards of the Federal Occupational Safety and Health Administration; and performance and productivity are more important than union representation in determining pay raises.\n\nThe election itself is conducted by the NLRB. If a majority vote for the union, the NLRB certifies the union as the exclusive bargaining agent for all employees who had been designated as eligible voters. The employer then has to bargain with the union over wages, hours, and other terms of employment. In some situations, after one year, if the union and employer don’t reach an agreement, the workers petition for a decertification election, which is similar to the certification election but allows workers to vote out the union. Decertification elections are also held when workers become dissatisfied with a union that has represented them for a longer time. In recent years, the number of decertification elections has increased to several hundred per year."
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