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Do I have rights and protections if I want
to join a union?
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Section 7 of the National Relations
Act states: "Employees shall have the right to
self-organization, to form, join, or assist labor organizations, to bargain
collectively through representation of their own choosing, and to engage in
other concerted activities for the purpose of collective bargaining..."
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What does this mean for you?
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Quite simply, it means that under federal law you
have the right to join and support a labor union and to:
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Attend meetings to discuss joining a union
Read, distribute and discuss union literature so long as you do this in non-work
areas and at non-work times such as during breaks and lunch hours.
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Wear union buttons, T-shirts, stickers, hats, or
other items on the job.
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Sign petitions or file grievances related to wages,
hours, working conditions, and other job issues.
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Solicit other employees to support the union and to
sign cards authorizing the union to speak for them, on your own time, when you
and your co-workers are on break and in a break room.
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Section 8 of the National Labor
Relations Act states: "it shall be unfair labor practice for an
employer ... to interfere with, restrain, or coerce employees in the exercise of
the rights guaranteed in Section 7."
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How is my job protected?
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Employers are legally forbidden from the
following:
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Punishing and or discriminating against any worker
because of union activities
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Favor employees who don't support the union over
those who do in promotions, job assignments, wages hours, enforcement of rules
or any other working condition.
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Threaten to or actually fire you, lay you off,
discipline you or reassign you based on union activities.
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Shut down the work site or take away any benefits or
privileges employees already enjoy in order to discourage union activities.
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Promise employees a pay increase, promotion or other
benefit in exchange for opposition to a union.
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How can I enforce my rights?
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The best way to encourage your employer to
recognize your union and negotiate a fair contract is to build a strong
organization where you work.
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You can help protect your legal rights by:
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Keeping written notes of any incidents in which
company officials or supervisors threaten, harass, or punish workers because of
union activity.
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Immediately reporting any such incidents to your
organizing committee and the union staff.
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Including what was said or done, who was
involved,where and when it happened, and the names of any witnesses.
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If your employer violates the law, the union can
help you file “unfair labor practice" charges with the National Labor Relations
Board. The Labor Board has the power -- backed up by the federal courts -- to
order an employer to stop interfering with employee rights, to provide back pay,
and to reverse any action taken against workers for union activity.
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What about public employees?
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These same rights and protections are guaranteed
to Illinois public employees by state law under the Public Employees Relations
Commission (PERC).
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Who runs the union?
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Your employer will try to convince you that "the
union" is some group of outsiders, trying to come in and "disturb the family
atmosphere" and dictate what goes on in the workplace.
The truth is that you and your co-workers are the union -- you elect your own
officers and decide what you want your union to do by a democratic process.
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What about union dues?
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Most likely your employer will try to persuade you
not to go union by telling tall tales about the union dues you'll be required to
pay. It takes money to run any organization. The company doesn't want you to pay
dues because they know that with your own organization you can have better wages
and benefits and an equal voice on the job. Many union members refer to dues as
"job insurance."
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And what about strikes?
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Probably the scariest thing you'll hear about unions
is that they are always going out on strike and that you may be forced to go on
strike. The truth is that 99% of all union contracts are settled without any
sort of work stoppage at all. You and your co-workers control
your union, and are the only one's who can vote to strike. |