The rule is that the employee must request union representation;
the employer does not have to offer it
! However, some collective bargaining agreements provide additional protection by requiring the employer to offer union representation even if the employee does not specifically request it.
How do I get rid of a union representative?
When employees no longer want to be represented by a union or want to replace the union with a different one, they can
vote to decertify the union
. The process to decertify a union starts with filing an RD petition at the regional National Labor Relations Board (NLRB) office or electronically on the NLRB website.
Can an employer refuse that a union is created in an organization?
Both the National Labor Relations Act (NLRA) and the Taft-Hartley Act prohibit employers from discriminating against employees for participating in union activities
. Ultimately, whether you’re targeted or not may depend more on your geographic location and industry than on actual working conditions.
What happens if an employer refuses to negotiate with a union?
Employers must give the union advance notice of any proposed workplace changes that involve these issues, if the union requests it. An employer who refuses to bargain or takes unilateral action in one of these mandatory bargaining areas
commits an unfair labor practice
.
Can a company be forced to go union?
The NLRA prohibits employers from firing and disciplining workers for trying to organize labor. For the most part,
employers cannot ban or discriminate against pro-union employees
. If the employees want to be represented by a Union, they are free to make that choice.
What is an unfair labor practice by the union?
An unfair labor practice is
an action by an employer or a union that violates the National Labor Relations Act (NLRA)
. Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.
Can my union kick me out?
In Pattern Makers v. NLRB,
( 26 )
the Supreme Court held that
employees have the right to resign from a union at any time
, and that union rules restricting resignations are illegal.
What to do when your union is not helping you?
If you are still not able to get complete relief or your grievance reinstated, you can
file a claim with the nearest office of the National Labor Relations Board (NLRB) or in federal district court
.
Can a union be removed?
Failure to bargain with the union at this point is an unfair labor practice.
When a union is already in place, you may file a petition to remove it or to replace it with a different union
.
Why would a company not want a union?
Unions represent the interests of workers and can help push for better pay and benefits. Businesses often oppose unions because
they can interfere with their autonomy or affect them economically
.
What legal loopholes can companies use to avoid union membership?
- Fair and consistent policies and practices.
- Open door management policies.
- Competitive pay and benefits.
- Employee trust and recognition.
Do employers have to negotiate with unions?
An employer and a union are required to negotiate any subject that relates to wages, benefits or other terms and conditions of employment
. As a result, both parties must discuss and reach an agreement on each of those terms. If the parties are unable to reach an amicable agreement, then negotiations may reach impasse.
Can companies ignore unions?
Anti-union employers take advantage of the lack of rights in many ways, as the following sections show. Finally, even when workers vote to unionize and that vote is legally certified by the NLRB,
employers often continue to deny these employees the right to collective bargaining by refusing to negotiate a contract.
What actions could employers take in their fight against unions?
Strike and boycott. What actions could employers take in their fight against unions?
Lockout and company union
.
Can a union protect you from being fired?
Process for Firing Union Employee
Employees who are represented by a labor union are protected from unfair treatment by an employer that goes against the terms and conditions of employment outlined in the collective bargaining agreement (CBA).
What is union avoidance?
Union avoidance is
a strategy that organizations adopt when they want to stop unionization
. It is often used to prevent transferring their authority or changing their core policies to appease the union. Your primary goal is to minimize the influence that labor unions have on your employees.
What are some examples of unfair labor practices?
- Refusing to process a grievance because an employee is not a union member.
- Threatening an employee for filing a ULP charge.
- Refusing to negotiate in good faith with an agency.
- Calling, participating in, or supporting a strike, work stoppage, or slowdown.
What if I don’t want to join a union?
If you don’t join the union, or resign from membership, and notify the union that you don’t want to pay full dues,
the required fee must be limited to the union’s proven costs of collective bargaining activities
.
What is illegal for employers to do?
Job Assignments & Promotions
It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
How do you prove unfair Labour practice?
- The unfair conduct of the employer relating to the promotion, demotion or training of an employee or relating to the provision of benefits to an employee.
- The unfair suspension of an employee or any other disciplinary action short of dismissal in respect of an employee.
Is workplace coercion illegal?
Many people wonder if workplace coercion is illegal. The answer is yes.
Workplace coercion is a recognizable offense and requires legal action
.
Can union rep be disciplined?
Disciplinary action will be possible, however, where the trade union official’s actions are so inappropriate that they amount to potential misconduct
, and therefore the main reason for disciplinary action is not the participation in the trade union activity.
Can your union force you to strike?
Strikes and other industrial action
A trade union must not discipline you for: going to work despite a call to take strike or other industrial action
.
Can you refuse strike?
Employees who choose not to strike cannot be disciplined by their union for not taking part
. Choosing not to take part in a strike may be for a variety of reasons; some may decide they cannot afford to lose a day’s pay, whereas others may feel loyal to their role or the management team.
What does a union rep do at a disciplinary?
The representative is permitted to address the disciplinary hearing to:
put the worker’s case; sum up that case; and/or respond on the worker’s behalf to any view expressed at the hearing
. The representative is also permitted to confer with the worker during the disciplinary hearing.
What is fair representation?
You have a right to be represented by your union fairly, in good faith, and without discrimination. Your union has the duty to represent all employees – whether members of the union or not-fairly, in good faith, and without discrimination.
What happens if union does not represent you?
If a union fails to represent a worker due to prejudice, or hostility,
the union can be charged
. The idea of failure to represent includes failing to properly investigate a grievance, process a grievance, or in some cases, even to arbitrate a grievance.
