Union

What Is a Union?

A union is an organized group of employees who have joined together to protect their rights to certain employment terms and conditions. Union workers negotiate wages, benefits, workplace health and safety standards, and other issues. The right to unionize is protected by US law, and unions themselves are governed by rules that help ensure they fairly represent their members.

Types of Labor Unions

Unions form around workers with common interests, goals, skills, and professions, and they come in all sizes, from less than a hundred members to millions of workers. For instance, large national unions can have several local chapters. Most labor unions fall into specific categories:

• Trade unions represent workers who perform a specific trade or craft (e.g., masonry, nursing).
• Industrial unions represent workers in a particular industry (e.g., healthcare, manufacturing).
• Public service unions represent workers in careers that serve the general population (e.g., teachers, firefighters).

In 2023, unions represented 14.4 million US workers.

How Do Unions Work?

Unions are democratic organizations run by elected leaders who will fairly and responsibly advocate on behalf of all members. Union leadership positions often include a president, secretary, treasurer, and others. Members are typically responsible for paying union dues, which are regulated by federal and state laws and court rulings.

Unions are governed under laws like the Labor-Management Reporting and Disclosure Act (LMRDA), also known as the "Landrum-Griffin Act," and the National Labor Relations Act (NLRA). While many jobs can be unionized, they're prevalent in certain sectors. Examples of US labor unions include:

• Communication Workers of America (CWA)
• National Association of Letter Carriers (NALC)
• National Education Association (NEA)
• Transport Workers Union of America (TWU)
• United Farm Workers of America (UFW)
• Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA)

Collective bargaining agreements negotiated by a union protect all workers, even if they're not members. Several states have right-to-work (RTW) laws, which allow employees to work for an employer without joining a union and becoming responsible for participating and paying dues.

What Is Collective Bargaining?

Collective bargaining is the process unions and employers use to negotiate workplace issues. The resolution they come to is called a collective bargaining agreement (CBA). This agreement is a legally binding contract between the union and an employer. Organizations like the Federal Mediation and Conciliation Service (FMCS) are available to help facilitate this process.

How to Start a Union

Employees, including immigrant workers, can unionize in one of two ways: through voluntary recognition or through a National Labor Relations Board (NLRB) election. Under each method, workers must prove there's enough interest at their company and the NLRB must certify the union.

As an employer, you must recognize your workers' rights and protection from retaliation under the law. For instance, you cannot take—or even threaten to take—the following actions:

• Dismissing or demoting workers
• Reducing pay, hours, or benefits
• Transferring employees to other work locations
• Imposing new employment documentation requirements
• Contacting law enforcement, including US Immigration and Customs Enforcement (ICE)
• Making working at your company harder or less desirable (adjusting schedules, denying overtime, etc.)

Unionizing Through Voluntary Recognition

Employers can agree to recognize their union upon their workers' request. Here are the steps for establishing a union via voluntary recognition:

• Step 1: A group of workers gets employees to sign union authorization cards or a petition.
• Step 2: After showing majority support, this same group asks their employer to recognize the union.
• Step 3: If the employer agrees, the union becomes the workers' legal representative for collective bargaining and negotiations can begin.
• Step 4: Either the employer or the workers notify the NLRB Regional Office about the union.

If the employer refuses to accept the union, workers can file a petition to host an election with the NLRB.

Unionizing Through NLRB Election

Employees can form a union through the NLRB election process. Here are the steps for unionizing via election:

• Step 1: A group of workers gets employees to sign authorization cards or a petition, proving at least 30% want to unionize.
• Step 2: The workers file a petition with the NLRB, requesting a union election.
• Step 3: An NLRB agent reviews the request and arranges a secret-ballot election, which may be done in-person or by mail.
• Step 4: If the union wins 50% + 1 vote, the NLRB will certify the union as the workers' collective bargaining representative.
• Step 5: The employer is now required to negotiate in good faith with the union over working conditions.

Benefits and Drawbacks of Labor Union Jobs

A union job is a workplace that collectively agrees on company policies, and a non-union job is a workplace where the employer sets the company policies. Each workplace has its fair share of pros and cons to consider.

Benefits of union jobs:

• Unionized workplaces typically offer better pay and benefits than non-union jobs.
• Unions help close wage gaps for women and people of color.
• Union jobs often give their employees more advance schedule notices.
• Unions are associated with safer working conditions and job security.
• Unions are designed to strengthen employee decision-making power in the workplace.

Drawbacks of union jobs:

• Some employers find that unions can make it difficult to dismiss unproductive workers and promote top performers.
• Unions can cost employers revenue during strikes due to lost productivity.
• Union members are responsible for paying union dues out of pocket.
• Employees are bound by collective decisions, even if they don't agree with the results.
• Members are bound by union by-laws, so workers may have to strike even if they don't want to.

For more information, consult your local union chapter, the US Department of Labor (DOL), or state government.