You Have the Right to Organize
The Nation Labor Relations Act says you have the right to organize NJ:
Section 7:
"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining..."
Section 8(a):
"It shall be an unfair labor practice for an employer... to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7..."
Here Are Some Things You Can Expect to Hear & The Facts You Need to Know
Management: The union will be run by outsiders.
FACT: You and your co-workers will vote for your own rules, and run your own affairs. You elect the people to run your union for you. You elect these people. You run your union.
Management: The union cannot do anything for you.
FACT: With a union contract, workers can do a lot for themselves. The company knows this. Their aim in keeping the union out is to keep you from having a voice.
Management: The union will force you to go out on strike.
FACT: Nobody can force you to go out on strike. There will never be a strike at your workplace unless the workers vote for one. More than 99% of all LIUNA contracts are negotiated without a strike vote.
Management: With negotiations, you'll lose the wages and benefits you already have. You'll have to start from scratch.
FACT: When you negotiate a first contract, you start with the pay and benefits you have now and build on them. You'll decide what to ask for in your contract, then vote on it.
Your Legal Rights
You have the legal right under Section 7 of the National Labor Relations Act to join or support a union and to:
- Attend meetings to discuss joining a union.
- Read, distribute, and discuss union literature (as long as you do this in non-work areas during non-work times, such as during breaks or lunch hours).
- Wear union buttons, T-shirts, stickers, hats, or other items on the job.
- Sign a card asking your employer to recognize and bargain with the union.
- Ask other employees to support the union, to sign union cards or petition, or to file grievances.
Right to Organize NJ: Secret Ballot Elections
To establish a union in a workplace, a majority of employees must express support for the union. In most situations, the employees prove majority support through a secret ballot election conducted by the National Labor Relations Board.
"Good Faith" Bargaining
After the union's election victory is officially certified by the National Labor Relations Board, your employer is legally required to negotiate in "good faith" with the union on a written contract covering wages, hours, and other working conditions.
Protection from Employer Action
Under Section 8 of the National Labor Relations Act, your employer cannot legally punish or discriminate against any worker because of union activity.
For example...
Your employer cannot legally do the following:
- Threaten to or actually fire, lay off, discipline, harass, transfer, or reassign employees because they support the union.
- 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.
- Shut down the worksite or take away any benefits or privileges employees already enjoy in order to discourage union activity.
- Promise employees a pay increase, promotion, benefit, or special favor if they oppose the union.