The Union Organizing Process

The process of unionizing workers may begin in one of two primary ways - a union targets an industry, a region, or a company or employees request union representation. Like other entities seeking members, a union usually mounts a systematic campaign to persuade individuals to join. As would be expected, employers respond to unionization efforts by taking various steps to oppose the union.

A union authorization card is signed by employees to designate a union as their collective bargaining agent. At least 30% of the employees in the targeted group must sign authorization cards before a representation election can be scheduled.

An election to determine if a union will represent the employees is supervised by the NLRB for private-sector organizations and by other agencies for public-sector organizations. If two unions are attempting to represent employees, the employees will have three choices: union A, union B, and no union.

Before any election, the appropriate bargaining unit must be determined. A bargaining unit is composed of all employees eligible to select a single union to represent and bargain collectively for them. If management and the union do not agree on who is and who is not included in the unit, the regional office of the NLRB must make the determination. A major criterion in deciding the composition of a bargaining unit is what the NLRB calls a community of interest.

Official certification of a union as the legal representative for designated private-sector employees is given by the NLRB, and for public-sector employees, it is given by an equivalent body. Once certified, the union attempts to negotiate a contract with the employer. The employer must bargain; refusing to bargain with a certified union constitutes an unfair labor practice.

Employers can take numerous actions to prevent unionization. All managers and supervisors must adhere to NLRB and other requirements to avoid unfair labor practices.