Labor Unions
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
WHAT IS A LABOR UNION?
A labor union is an organization that negotiates with employers on behalf of employees. Its major role is to negotiate group employment contracts for its members and to represent members who have grievances at work.Not everyone in every profession has the right to form a union. Certain categories of workers are excluded, such as managers and supervisors, some government employees, domestic workers and some agricultural workers.
Your right to join a union and the activities of a union are governed by the Labor Management Relations Act (also called the Taft-Hartley Act).
ARE EMPLOYERS REQUIRED TO ALLOW WORKERS TO MEET--EVEN IF THEY DON'T WANT TO FORM A UNION?
Generally employers must allow workers to meet as a group to air common grievances. In addition, there are other "protected activities" that your employer cannot interfere with. They include your right to create, join, and participate in a labor union. An employer is prohibited from unfairly disciplining, intimidating, or otherwise punishing employees for their union activities.
WHAT CONSTITUTES AN UNFAIR LABOR PRACTICE?
Employers are prohibited from interfering with your right to organize or form a union. "Unfair labor practices" are violations of the National Labor Relations Act. They include situations where an employer:
- treats a worker unfairly because of the worker's support for unionization
- provides benefits to employees (to which they otherwise would not be entitled) in order to dissuade them from promoting a unionization effort
- threaten employees who refuse to cooperate with efforts to develop or maintain a union
- encourage an employer to harass employees
CAN AN EMPLOYEE BE FORCED TO JOIN A UNION?
Sort of. Your employer may have an agreement with a union that all employees will be required to pay dues as if they were members. So if you accept a job with that employer, the equivalent of dues will automatically be deducted from your paycheck and paid to the union even if you decide not to join.Several states have enacted "right-to-work" laws that allow employees to work at a job without having to join the union or pay dues.
UNDER WHAT CIRCUMSTANCES ARE UNION WORKERS ALLOWED TO STRIKE?
Union workers may strike (stop working in order to force the employer to change a bargaining position) under two conditions:
- if the employer has committed what the union believes to be unfair labor practices
- when the employer and union are in dispute over the terms and conditions of a collective bargaining agreement, the contract that spells out the terms of employment.
If the union does decide to strike, the members are allowed to picket so long as they don't interfere with the employer's property. Even if the members don't go on a strike, they may picket as a way of bringing the public's attention to the grievances.
CAN AN EMPLOYER LOCK OUT THE WORKERS?
Yes. An employer has the right to lock out workers to try to force the union to support the company's bargaining position. Workers don't get paid during a lockout.
WHAT CAN YOU DO IF YOU THINK YOUR EMPLOYER (OR THE UNION) HAS ENGAGED IN UNFAIR LABOR PRACTICES?
If you think your boss or your union has engaged in an unfair labor practice you can file a complaint with the National Labor Relations Board. Claims forms should be available from your union or from the local office of the NLRB. For more information, call the NLRB at 202-273-1991.
IS AN EMPLOYER ALLOWED TO HIRE REPLACEMENT WORKERS?
The conditions for hiring replacement workers are usually outlined in the agreement between the union and the company, but usually an employer can hire temporary replacement workers. However, the company may not always hire permanent replacement workers. If the union workers are striking for economic reasons (they're unhappy about the pay or benefits), then the employer will often be able to hire permanent replacement workers. If, however, union members are striking because the employer engaged in unfair labor practices (the work areas were unsafe, for instance) then the employer will probably not be allowed to hire permanent replacements.
Copyright 1995 by American Lawyer Media, L.P. and Little, Brown and Company, Inc.
