United Federation LEOS-PBA NY | NYC | New York Security Union Organizing Coming Together for Mutual Aid & Protection & RESPECT
What is a Union?
A Union is a group of workers that are seeking to better their lives by:
· Demanding respect from their Employer.
· Negotiating better wages and benefits.
· Negotiating more flexibility on the job for family needs.
· A counter-balance to the unchecked power of the Employers and;
· A voice in improving the quality of their products and services.
How do I join a Union?
When workers decide they want to come together to improve their jobs, they contact a Union to help guide their organizing efforts to become members. Once a majority of workers show they want a Union, the Employer will sometimes recognize the Union honoring the employee's choice. Often workers must request the Union to file for an election with the National Labor Relations Board where the election will be run by the Government. If the workers win their Union they will negotiate a contract that will spell out each parties rights and responsibilities in the workplace. Join Here
What types of workers are seeking Union membership?
A wider range of people are seeking Union representation more than ever before. Security Officers, building employees, doctors, nurses, health care workers, wireless communication workers, engineers and auto part workers to name a few.
Does the Law protect workers joining a Union?
Yes. Section 7 of the National Labor Relations Act gives you the right to organize without the fear of your Employer trying to intimidate you in giving up this right. For example, an Employer cannot threaten to close a business or lay-off people because they seek Union representation.
What have Unions accomplished for all workers?
Unions have made life better for all working Americans by helping to pass laws ending child labor, establishing the eight hour work day, protecting workers safety and health and helping to create Social Security and unemployment benefits. The average Union worker earns 4.5% more in wages that non-union employees. She chart below for a comparison between union and non-union:
The Law Says You Have a Right to Join a 9(b)3 Security UNION like the United Federation LEOS-PBA NY
The Law Says you Have the Right to Join A Union
The Law: The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.
Examples of employer conduct that violates the law:
Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.
Threatening to close the plant if employees select a union to represent them.
Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act
Promising benefits to employees to discourage their union support.
Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.
Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.
Rights of Employees
RIGHTS OF EMPLOYEES
Sec. 7. [§ 157.] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title].
What rules govern collective bargaining for a contract?
After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision's effects on unit employees.
It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions.
IT'S ALWAYS wise to take full advantage of YOUR LEGAL RIGHTS.
WITH A UNION, the employer must bargain and pay the wages negotiated.
WITH A UNION, your rights on the job are spelled out and must be respected.
WITH A UNION, you can stop abuses on the job. The union can prevent unjust and unfair treatment by giving you representation on the job and the right to file grievances if you are treated unfairly.
WITH A UNION, you can negotiate for better holiday pay, vacations, health and welfare benefits, and job conditions.
WITH A UNION, you have greater security on your job. Company management cannot fire you without good reason and they must respect your length of service if there are layoffs.
Concerns of the employee: Union versus Non-Union
What Are Your Rights Under Federal Law?
What Are Your Rights?
It is unlawful for your employer or supervisor to interfere with, restrain or coerce employees seeking to organize or join a union.
What employers and supervisors can NOT do:
1) They CANNOT tell employees that the Employer will fire or punish them if they engage in union activity.
2) They CANNOT lay off or discharge any employee for union activity
3) They CANNOT grant employees wage increases or special concessions in order to keep the union out.
4) They CANNOT bar employee union representatives from talking with members during non-working hours.
5) They CANNOT ask employees about confidential union matters, meetings, etc.
6) They CANNOT ask employees about the union or about union representatives.
7) They CANNOT ask employees how they intend to vote.
8) They CANNOT ask employees whether or not they belong to a union or have signed up for a union.
9) They CANNOT by the nature of the work assignment, create conditions intended to get rid of an employee because of his or her union activity.
10) They CANNOT threaten workers or coerce them in an attempt to influence their vote.
11) They CANNOT tell employees that existing benefits will be discontinued if the institution is unionized. )
12) They CANNOT say unionization will force the employer to lay off workers.
13) They CANNOT say unionization will take away vacations or other benefits and privileges presently in effect.
14) They CANNOT promise employees promotions, raise or other benefits if they get out of the union or refrain from joining it.
Subchapter II - National Labor Relations Act
Employer unfair labor practices of the kind that occur typically in organizing campaigns are addressed primarily in two sections of the Act: Section 8(a)(1) and Section 8(a)(3).
Section 8(a)(1) says the employer may not "interfere with, restrain, or coerce employees" in the exercise of their rights.
Section 8 (a)(3) says the employer may not discriminate against employees with regard to the tenure of their employment or any terms or conditions of employment in order to discourage union activity or concerted activity.
In general, 8(a)(1)'s are threats and 8(a)(3)'s are the carrying out of the threats or the actual discrimination.
The following are some examples of employee rights and employer unfair labor practices.
Employee Right to Campaign for the Union
As a rule, employees have an absolute right to campaign for the union during non-working times in non-work areas.
Most campaigning by employees takes place during breaks in non-work areas, and before and after work.
In those situations when talking about other non-work topics is allowed - employees may campaign orally for the union - even during work hours.
The right to distribute literature and to solicit cards may be somewhat more restricted. Employers can limit such activity to the employee's own time and to non-work areas. However, in most work situations, employers may not prohibit workers from wearing union buttons or t-shirts.
Any no-solicitation rules adopted by the employer may not discriminate against union activity. Any privileges given to anti-union committees should be given to pro-union employees. In addition, off-work employees must normally be allowed access to parking lots and entrance gates, except in special circumstances.
Access Rights of Organizers
Non-employee organizers can be barred from company premises in most circumstances, but organizers do have a first amendment right to distribute literature on public property.
Employers are prohibited from spying on employees engaged in union activity. It is also a violation to create the impression that surveillance is occurring.
It is an unfair labor practice for management to question employees about their union sympathies, although this does not apply to employees who are openly pro union, unless the atmosphere is coercive. For example, it is not objectionable for supervisors to debate a pro-union employee about why he or she supports the union. But to seek out and interrogate secret supporters is objectionable.
Although the employer may criticize and attack the union, even to the point of making untrue statements, it is unlawful for the employer to threaten to retaliate against employees for supporting the union. This includes threats to fire, layoff, close the facility, or take away benefits because the employees voted for a union.
Granting of Raises or Benefits
Special raise or new benefits given during a campaign, or promises of such, are unlawful if used as a bribe. However, it is rare for unions to file charges over such conduct.
If the company engages in a massive pattern of unfair labor practices, and the union can prove majority support at some point, the board may order the employer to bargain despite a union election loss. This referred to "Gissell" order.
Domination or Support of Union
Employers may not provide support to a particular union or employee group as a way of discouraging independent union activity, nor can the employer fund anti-union committees.
Discharges and Other Discriminatory Actions
The employer may not discriminate against an employee to discourage union activity, by firing, laying off, demoting, or in any way discriminating with respect to the person's tenure of employment.
To prove such a violation of section 8 (a)(3) of the Act, the employee must demonstrate both of the following:
Company knowledge of the employee's union activity;
Anti-union motivation for the discrimination (The Board calls this "animus.")
The usual remedy for an unlawful discharge is reinstatement with back pay.
Retaliation for Testifying
It is a violation of section 8(a)(4) of the act to retaliate against an employee for participating in Board proceedings.
It should be noted that since supervisors are not covered by the Act, it is not unlawful for an employer to fire a supervisor for supporting the union. However, it is a violation of section 8(, I)(1) to fire a supervisor for refusing to violate the law.
Undocumented workers are covered by the protection of the NLRB. It is in unfair labor practice for the employer to call in the Immigration and Naturalization Service to report pro union employees.
Forming a Union at Your Workplace
To get a union started, the first thing you need to do is talk to your co-workers. Do they share the same concerns you have? Is there a common theme to these concerns such as lack of respect and dignity; lack of a voice in the workplace; unfair treatment; and/or wages benefits lower than other people working in the same industry? A Typical Organizing Campaign. The campaign will consist of talking with co-workers about the union, asking them to sign a petition of support. When there is a strong majority of support (65% of employees have signed the petition of support), the union will file for an election with the National Labor Relations Board (NLRB). Usually, the NLRB will then meet with the union and the employer to establish the criteria for employees who will be eligible to vote in the union election. The NLRB sets a date for secret ballot election.
For more information you may contact United Federation LEOS-PBA Organizing Department at 1-800-516-0094.
What You Can Do Under section 7 of the NLRA, you have the legal right to:
Attend meetings to discuss joining a union.
Read, distribute, and discuss union literature (as long as you do this in non-work areas during non-work times, such as during breaks or lunch hours) Wear union buttons, t-shirts, stickers, hats or other items on the job.
Sign a card asking your employer to recognize and bargain with the union.
Sign petitions or file grievances related to wages, hours, working conditions and other job issues.
Ask other employees to support the union, to sign union cards or petitions, or to file grievances.
Bargaining a Contract
After the union's election victory is officially certified by the NLRB, your employer is legally required to negotiate in "good faith" with the union in a written contract covering wages hours, and other working conditions. Together we will help you form a negotiating committee made up of several of your co-officers. A survey will be distributed to all employees to make a listing of the wages, benefits and conditions of your job now in existence and those items that you wish to keep, eliminate or improve. A negotiating session will then be arranged between your employer and our committee and upon your approval of all the issues negotiated, a binding written agreement will be drafted.
It's Your Choice NOT the Bosses Choice!
There are two things you can do when management pushes for more and more production and at the same time ignores the problems and needs of its employees. If you are not happy working for an insensitive company, you could always leave and try to get another job; or, you could stay and try to improve working conditions.
It takes a lot to stay in an unhappy situation and to try to improve it for the betterment of all your fellow workers. You don't however, have to fight the Company alone.
Time and time again, it has been proven that collectively you can prevail. The Company is more likely to pay attention to a group of you who are united behind a common goal than to anyone of you alone (unless, perhaps, you happen to be the boss's son!) Joining a union and having union representatives who are experts in negotiations and contract administration gives you a greater voice. Your demands will not only be heard, they will be acted upon.
The more reluctant your Employer is to listen to its own people and to take your welfare into consideration, the stronger the Union must be to show that you don't like being misused, abused, or ignored.
The Union doesn't tell the Employer how to run its business. But, the Union does make sure the Company treats you fairly. You alone can't always make a Company change overnight its poor attitude about how to treat its employees. But, you willingness to stand up, not only for yourself, but for all your fellow workers as well, should prove to the Company that you are still loyal to it while trying to make it an even better place in which to work.