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!