What Union Do I Join and How?

At the moment, there is no single union that is organizing at Borders, or a single union that is dedicated to organizing booksellers in general. Previously, the IWW, the UFCW and the Teamsters have all been approached by employees. Five stores have succeeded in negotiating union contracts, all represented by various local unions affiliated with the United Food and Commercial Workers. Two stores are currently under contract.

Traditionally, workers who organize go through an NLRB (National Labor Relations Board) election campaign to determine whether they want a union to represent them. However, even if employees of a store approve the union, it is very difficult to negotiate a contract that makes significant gains, especially if only one store is involved.

A solution might involve the creation of a single union for booksellers, a union whose membership was open to everybody who wanted to join, regardless of whether the majority of employees in their store had voted for a union. A "minority union" of this type would be a great way to build national support and work towards industry-wide union representation.

Even if only 25% or less of the employees of a store favor unionization, that 25% still have a basic legal right under the National Labor Relations Act to engage in concerted activities for mutual aid and protection. This pretty much covers any activity that workers do together in order to maintain or improve their working conditions. It may even include an action by one single employee, if the purpose of that employee's action was to inspire the rest of the group to act, or even just to represent their common interest.

For example, if management fires a popular employee, that 25% could walk off the job to demand that employee's reinstatement and (theoretically) shouldn't be fired for their actions.

So What Do I Do?

Generally, if you go the NLRB election route, a union election won't take place unless 70% or more employees have signed union cards expressing interest (the law only requires 30%, but most unions want more). That has happened thirteen times at Borders, and six stores have voted the union in. Of those, five negotiated a contract. At this time two stores are under contract.

The course you should take is up to you and your fellow workers. If you feel that you have strong support in the store and that you should approach a traditional union for an election campaign, that is your decision to make. Even if you don't have majority support, you may want to approach local labor organizations for advice and legal support.

However, there is another path. Some people involved in the ongoing union campaign at Borders are proponents of minority unionism and forming a national organization specifically for booksellers.

A minority union would centralize contact information. A national coordinator could track the interest in unionizing store-by-store across the country. Information about the industry and legalities could be centrally gathered.

One responsibility of the minority union would be to put together a strike fund and the goal should be to make every striking bookstore employee 'whole'. That is, workers on strike should ideally see strike pay match their weekly wages. That's a lofty goal if we're talking about a hundred-store strike, but it's an important one.

The minority union would also offer alternative health plans, education benefits, insurance, banking, and legal resources.

Most importantly, the Minority Union would be a resource to store organizers. Single stores would, of course, have the right to go it alone. In some sense, the minority union would have the relationship to store organizers that bookstore employees have to their customers. Ideally, it would be there to serve the members as a resource, although there will be times when the minority union will have to make choices about allocating resources, and in time, if the national movement was stong enough, to become a majority union and undertake the negotiation of contracts that will result in significant gains. What do you think of this strategy?

Your Rights in a Union Campaign

Labor Management Relations Act (Taft-Hartley Act) - 1947

Section 7

'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�'

This means that you have the legally-protected right to form a union, sign a union authorization card, attend union meetings and other gatherings, speak to union representatives, etc.

It is a violation of federal law for any employer to threaten, harass, or in any way punish an employee for union activity. Employers are also not allowed to offer raises, extra benefits or special concessions in order to discourage workers from unionizing. Employers aren't even allowed to ask employees if they support the union or about union meetings and other activities.

This is not to say that managemnt won't engage in these tactics, however. More than likely, they will violate the law or stretch it to the limits to keep workers from unionizing. The best safeguard against this is for everyone to stick together and think of their common self-interest.

Being a part of an organizing drive, or being supportive of o­ne, is completely legal.

BUT MORE IMPORTANTLY, YOU SHOULD FEEL GOOD TO BE A PART OF IT � BECAUSE YOU WILL BE SUPPORTING AN EFFORT TO MAKE OUR LIVES BETTER.

What  Management CAN do

Unfortunately, it is legal for your employer, team leader, or supervisor to use your time at work to force feed you the (dis)information they use to fight the organizing effort. Below is a list of things that management is legally allowed to do.

• They CAN tell you how bad they think unions are, how they wouldn't work for the store, why we don't need them, etc.
• They CAN hold mandatory all store meetings to talk to workers, show videos, or make presentations.
• They CAN hold mandatory meetings for o­nly specific workers.
• They CAN talk to workers o­ne-on-one.
• They CAN give you leaflets or packets of their information.
• They CAN ask you questions about how you like the store, what problems you are having, what things you would change, what policies you like/don't like, and anything else not related to unionizing.

All of these acts are permitted. However, you are not required to engage them in a discussion about unions, or about any of the information they present you with. You don't have to tell them your real feelings about anything.

What Management CANNOT do

It is against the law for your employer, Team Leader, or supervisor to interfere with, restrain or coerce workers seeking to organize or join a union. Below is a list of violations of the National Labor Relations Act.

• They CANNOT tell workers that the store/company will fire or punish them if they engage in any union activity.
• They CANNOT lay-off or discharge any worker for union activity.
• They CANNOT grant workers wage increases or special concessions in an effort to bribe people from joining a union.
• They CANNOT ask workers about confidential union matters, meetings, members, etc.
• They CANNOT ask workers about the union or about union representatives.
• They CANNOT ask workers how they intend to vote in a union election.
• They CANNOT ask workers whether or not they belong to a union or have signed up for a union.
• They CANNOT by the nature of the work assignment, create conditions intended to get rid of an employee because of union activity.
• They CANNOT threaten or coerce workers in an attempt to influence their vote.
• They CANNOT tell workers that existing benefits will be discontinued if the store is unionized.
• They CANNOT say unionization will force the store to lay-off workers.
• They CANNOT say unionization will take away benefits and privileges presently in effect.
• They CANNOT promise employees promotions, raises or other benefits if they get out of the union or refrain from joining it.
• They CANNOT spy o­n union gatherings.
• They CANNOT refuse to hire qualified applicants because of previous union membership or activity.

This does not, of course, mean that management, or whatever union busters they hire, will not try any or all of these tactics. However, if they do, they are breaking the law, and can be charged by the NLRB. If you witness any of these tactics, let us know or talk to your organizing committee immediately!

Union Representation Elections

In 'The Basic Process '' we discuss several different methods of organizing, but, in previous campaigns at Borders, workers who wanted to unionize went through an 'election campaign.'  Because of weakened labor laws over the past few decades, however, winning an election is not easy. A billion-dollar industry exists in which high-paid consultants and attorneys - union-busters  - convince companies that having unionized workers is the worst possible thing that could happen. So companies, in turn, try their hardest to convince their workers not to unionize. Even if you win an election at your store, you still may not have the leverage to negotiate a decent first contract.

In the organizing section of this site we're stressing alternative strategies, but what follows is a description of the conventional union election process.

Education is probably the single most important thing workers can do when they want to form a union with their co-workers. As the term suggests, it means educating yourself and your co-workers against the misleading and false information that will be presented during a union election campaign. It means learning about what happens during union drives, and anticipating what your employer will say and do to discourage you from supporting a union effort.

Step 1 - Showing Interest: The National Labor Relations Board (NLRB - the arm of the federal government that oversees labor law) requires that a minimum of 30 percent of the employees at a given workplace sign cards authorizing the union to conduct an election. Many unions require signed union cards from a majority of workers before they file a petition for an election.

Step 2 - Election Petition Filed: The local union organization presents the cards to the NLRB. Management never sees the authorization cards, and the NLRB won't even tell them how many employees filled them out.

Step 3 - Election Date Set: The local union organization, your employer, and the NLRB meet to set an election date.

Step 4 - NLRB Election: Employees vote in a secret ballot election, which determines whether or not workers want to be represented by the local union organization at the bargaining table. It is important to remember that without union representation, there is no bargaining table - your employer has all the power.

Step 5 - Preparation for Negotiations: After the election is certified by the NLRB (which typically takes about 10 days, if the employer doesn't file any objections to the election), workers meet to decide what the priorities will be for the first contract. Workers also nominate themselves to be o­n the negotiating committee.

Negotiating committee members are workers who want to actively participate in the negotiations process. They, along with local union representatives, meet with your employer to negotiate a contract; they educate themselves and their co-workers about unionizing and the negotiations process; and they try to build support for their union.

Step 6 - Negotiations: The workers' negotiating committee, union representatives, and Target representatives begin a series of meetings to develop a contract.

Step 7 - Ratification: All workers will have the opportunity to carefully go through the proposed contract and ask questions. Workers will then vote by secret ballot o­n the contract. If a majority of workers vote 'yes,' the contract goes into effect. If a majority of workers vote 'no,' it goes back to the negotiating table.

Remember: Nothing will change until a contract has been negotiated and ratified by the workers. No o­ne pays dues until after a contract has been ratified.

Minority Unionism

Q: Suppose that you had a group of about 25% of retail workers in a store (i.e., enough to make an impact on things, but not enough, perhaps, to get the NLRB election process going). Suppose as well, though, that you had similar sized groups in a number of stores, spread out throughout a retail chain. You don't really have a majority in any one store, but you may have a large minority in a lot of them. Could you still act as a union? How?

A: This concept is commonly referred to as 'minority,' 'solidarity' or 'Open Source' unionism. The idea actually has quite a long history. It's also one that people have been talking about a lot again, lately. Minority unionism could be a solution to some of the problems unions have been having with organizing unions under the time-consuming and management-friendly NLRB processes. Minority unionism is, however, legally tricky, at least when it comes to actually negotiating a contract.

The law

When a union represents the majority of workers in a bargaining unit, management has a 'duty to bargain in good faith' with that union. How that union proves majority support, however, is itself open to negotiation. For example, the company and the union can agree to a card-check process where the union collects authorization cards and presents them to management, and when the union presents enough cards to show that 50% +1 members of the bargaining unit support it, then the company and the union sit down to negotiate a contract. Such a process, however, requires a company that is either exceptionally enlightened, or sufficiently cowed by the union's power that it would just be a waste of its time and money to bother putting up a fight over recognition.

If the company decides to put up a fight, though, and the union decides that it wants the government to force recognition on the company, then the route the parties have to go is generally to an NLRB election.

In between card-check and NLRB elections there are some other options, such as having an independent third party like the American Arbitration Association or the League of Women Voters run an election, with different rules, and with each party agreeing to respect the results. But these options also must be negotiated between the union and management, and generally depend on the same mix of 'enlightenment' and 'coercion' that apply to the card-check.

The minority union issue comes up when, like in the example above, perhaps only 25% of workers want a union. Here, not only does management have no duty to negotiate, it would actually be illegal for them to sign a collective agreement with such a group.

On the other hand, that 25% still do have a basic legal right under the National Labor Relations Act 'to engage in concerted activities for mutual aid and protection.' This pretty much covers any activity that workers do together in order to maintain or improve their working conditions. It may even include an action by one single employee, if the purpose of that employee's action was to inspire the rest of the group to act, or even just to represent their common interest. 

For example, if management fires a popular employee, that 25% could walk off the job to demand that employee's reinstatement and (theoretically) shouldn't be fired for their actions.

The practical reality

The above outlines some of the legal issues. Practically, however, this whole thing is a power game. The labor laws are weakly enforced. Even with an NLRB-certified majority union, the 'Duty to Bargain in Good Faith' doesn't mean a heck of a lot, as Ann Arbor and Minneapolis have found out. All that management had to do in order to fulfil their duty was show up at a few meetings, and not that many meetings at that.

As for when you don't have a majority union, but rather about 25% - While the 25% are ostensibly protected, management can usually get around the law to get rid of them if it really wants to. At the very least, if management fires them illegally, it will take so long for them to get their jobs back through the legal processes that most of them probably won't want the job anymore, anyway.

What will prevent management from acting this way is if that 25% can make it sufficiently more painful to fire them than it is for management to compromise with them. If that 25% has that leverage, even though they can't legally negotiate a collective agreement, they can still de facto achieve many of the same results. Further, a powerful 25% like that could also convince management to agree to some kind of card-check recognition arrangement. And if they can do so, so that management gives up many of it's legal delay and pressure tactics against unionization, then it is a lot easier to get to that 50% +1 and then negotiate a full contract after that.

So then the question is how do you organize that 'powerful' One-in-Four?

Further reading at The Nation magazine.

Common Questions

What follows below are common questions often asked about unions. Most of them deal with the standard situation of contractually represented workplaces, rather than alternatives like Minority Unionism.

What does a union do?

A union gives you the power to make your employer pay a fair wage, provide a decent place to work and a voice in the decisions that affect you. It's the organization that represents and defends workers from unfair treatment by the boss , but just as important, it mobilizes all of us to make America a better place for working people.

What is a Grievance

The grievance procedure is a procedure spelled out in the contract that explains how any conflicts between employees and management is to be resolved. Basically it works as follows: Let's say you've been written up for something and you feel it isn't fair. You talk with your managers but they refuse to do anything about it. You then go to your shop steward (see below) to get help. The steward sits down with you and management and tries to resolve the issue. If it can't be resolved at this meeting, a business agent for the union (see below) will come to the store to talk with management. If they still cannot resolve the problem to everyone's satisfaction, the business agent will appeal to upper management. If this step fails, both parties will bring in a neutral arbitrator who will issue a final decision.

What's a shop steward and a business agent?

A shop steward is simply a coworker that is elected by you to make sure that the contract isn't violated. In addition, s/he is the person to contact when an employee has a problem with management and wants union help. A business agent is an official of the union that handles any problems the shop steward cannot.

What besides the grievance procedure goes into a contract?

See the Minneapolis Contract Proposal

Who negotiates the contract?

The company and the union put teams together. The company's team is usually comprised of lawyers, local management and upper management officials. The union team usually consists of bargaining unit (see below) employees, lawyers, and union negotiators.

What kind of say do I get in the contract?

Before contract talks, the union passes out a form on which you list those things you'd like to see in a contract. The union uses this to base the negotiation on. Furthermore, you could be on the negotiating team, but at the very least you get to vote on the contract. If a majority doesn't approve of the contract, the negotiating team has to go back to the drawing board.

How long do contracts last?

Most contracts are at least two years. 

What's this 'bargaining unit' thing I've heard about?

The bargaining unit defines which employees are eligible to vote for and be in the union. Excluded by federal law are managers and security guards.

Hey, if I sign a union card, does that mean I have to vote yes in the election? What if I change my mind?

You can vote any way you like in the election whether or not you signed a card. It's secret ballot so no one, neither management nor anyone else, will ever know how you voted. If you do sign a card but later change your mind and want the card back, you can do so by asking for it back in writing. 

What are union dues? What are they used for?

Union dues are the money you pay to the union to help pay for union support staff, legal costs, negotiation costs, arbitrator's fees, etc. Dues can range anywhere from $200-$500 a year depending on industry, the union, and the amount of money the union members make.

Geez, isn't that a lot of money?

Yes, but these facts help: you don't pay a cent to the union until a contract is ratified by the employees. So if wage and/or benefits gains in the contract don't more than make up for your dues, simply turn the contract down. 

What's a 'union shop'?

This means that all employees in the bargaining unit (see above) must be part of the union. It's a standard part of most contracts. It enables the union to bargain from a stronger position, which benefits all employees.

Even if they voted against the union? That's not very fair.

Well, for better of worse, it's how democracy in our country works. What the majority votes for, the minority has to live with. Is it unfair that Dole supporters have to live with Clinton as president? And remember, even those who opposed the union receive any increases in wages and/or benefits.

I've heard about union fines. What can I be fined for?

In theory, you can be fined for crossing picket lines, not doing a picketing shift during a strike, and such. But the Philly local (they only one I'm familiar with) of the UFCW has NEVER fined a member. Ever.

What's a 'local'?

A union is set up kind of like the United States. There is a national government, but many of the decisions that really affect you are on the state level. This is even more true of a union. There is an international union that oversees national operations. But the local takes care of the contract, helps employees that want help with managerial problems, etc.

Will I not be able to talk to my manager anymore?

Even if unions wanted to stop you from talking to managers about problems (and why on earth would they?) federal law mandates that you have the right to go to a manager with a problem without union representation.

Will my company go bankrupt?

Unions do not ask for more in a contract than a company can afford. They know that the worst possible disservice that a union could do to its membership is to drive the company they work for out of business. In fact, during hard financial times, most unions will do everything in their power to help companies stay in business. The most famous example of this is the Chrysler bailout in the 80's - pressure from both Chrysler and the UAW led the federal government to give Chrysler the loans that saved the company. Also, concessions during this time by the union enabled Chrysler to turn the corner and become one of the most profitable companies in the world today.

Isn't the union just another boss?

Actually, management reserves all 'boss' functions (management's rights) in a contract. So you won't have to check with 'the union' to go on vacation, justify being late, or any hiring or firing situations. What the union does do in these situations is to advocate for you if you feel that management's decisions are unfair. For example, if you aren't given a vacation you deserve, the union will do what it can to rectify the situation working with management. (The process by which they do this, known as the grievance procedure, is spelled out in the contract.)

What is the NLRB?

What Is the NLRB?

The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers or to refrain from all such activity. Generally applying to all employers involved in interstate commerce--other than airlines, railroads, agriculture, and government--the Act implements the national labor policy of assuring free choice and encouraging collective bargaining as a means of maintaining industrial peace. Through the years, Congress has amended the Act and the Board and courts have developed a body of law drawn from the statute.

What Does the NLRB Do?

In its statutory assignment, the NLRB has two principal functions: (1) to determine, through [secret-ballot elections,] the free democratic choice by employees whether they wish to be represented by a union in dealing with their employers and if so, by which union; and (2) to prevent and remedy unlawful acts, called [unfair labor practices,] by either employers or unions. The agency does not act on its own motion in either function. It processes only those charges of unfair labor practices and petitions for employee elections that are filed with the NLRB in one of its 51 Regional, Subregional, or Resident Offices.

What Is the NLRB's Structure?

The agency has two major, separate components. 

The Board itself has five Members and primarily acts as a quasi-judicial body in deciding cases on the basis of formal records in administrative proceedings. Board Members are appointed by the President to 5-year terms, with Senate consent, the term of one Member expiring each year. The current Members of the Board are Chairman Robert J. Battista, Wilma B. Liebman, Peter C. Schaumber, and Dennis P. Walsh. 

The General Counsel, appointed by the President to a 4-year term with Senate consent, is independent from the Board and is responsible for the investigation and prosecution of unfair labor practice cases and for the general supervision of the NLRB field offices in the processing of cases. The current General Counsel is Arthur F. Rosenfeld. Each Regional Office is headed by a Regional Director who is responsible for making the initial determination in cases arising within the geographical area served by the region.

How Are Unfair Labor Practice Cases Processed?

When an unfair labor practice (ULP) charge is filed, the appropriate field office conducts an investigation to determine whether there is reasonable cause to believe the Act has been violated. If the Regional Director determines that the charge lacks merit, it will be dismissed unless the charging party decides to withdraw the charge. A dismissal may be appealed to the General Counsel's office in Washington, D.C.

If the Regional Director finds reasonable cause to believe a violation of the law has been committed, the region seeks a voluntary settlement to remedy the alleged violations. If these settlement efforts fail, a formal complaint is issued and the case goes to hearing before an NLRB Administrative Law Judge. The judge issues a written decision that may be appealed to the five-Member Board in Washington for a final agency determination. The Board's decision is subject to review in a U.S. Court of Appeals. Depending upon the nature of the case, the General Counsel's goal is to complete investigations and, where further proceedings are warranted, issue complaints if settlement is not reached within 7 to 15 weeks from the filing of the charge. Of the total ULP charges filed each year [about 30,000], approximately one-third are found to have merit of which over 90% are settled.

How Are Representation Cases Processed?

See the Procedures Guide

What Authority Does NLRB Have to Secure Injunctive Relief from a Court?

Section 10(j) of the National Labor Relations Act empowers the NLRB to petition a federal district court for an injunction to temporarily prevent unfair labor practices by employers or unions and to restore the status quo, pending the full review of the case by the Board. In enacting this provision, Congress was concerned that delays inherent in the administrative processing of unfair labor practice charges, in certain instances, would frustrate the Act's remedial objectives. In determining whether the use of Section 10(j) is appropriate in a particular case, the principal question is whether injunctive relief is necessary to preserve the Board's ability to effectively remedy the unfair labor practice alleged, and whether the alleged violator would otherwise reap the benefits of its violation.

Under NLRB procedures, after deciding to issue an unfair labor practice complaint, the General Counsel may request authorization from the Board to seek injunctive relief. The Board votes on the General Counsel's request and, if a majority votes to authorize injunctive proceedings, the General Counsel, through his Regional staff, files the case with an appropriate Federal district court.

In addition, Section 10(l) of the Act requires the Board to seek a temporary federal court injunction against certain forms of union misconduct, principally involving 'secondary boycotts' and 'recognitional picketing.' Finally, under Section 10(e), the Board may ask a federal court of appeals to enjoin conduct that the Board has found to be unlawful.

Further information -- See Publications or contact Division of Information at 202/273-1991 [FAX 202/273-1789].