Trying to form a union

[sooperdood3]

What is the name of your state? Missouri

I am trying to form a union at my place of work so we may be able to negotiate better pay. However, my boss keeps tearing down the sign-up sheet. Now, i thought her doing that was illegal, since we have the right to unionize and all. What legal action can I take to allow my union to form?

[eerelations]

Successfully forming a union is a heavily-regulated process, and if you miss/skip/break one of the rules along the way, you may be ordered to disband whatever "union" you think you've created. I'm not familiar with all of the many dozens of regs that must be followed, however, I suspect that unionizing (i.e., trying to obtain signatures) on company property/time is probably illegal, and that if the bulletin board that the sign-up sheet is posted on is company property, then your boss probably has every legal right to tear down the sheet and throw it away.

To find out what all the laws are regarding forming a union, I suggest that you contact the National Labor Relations Board, and also get yourself a good labor law attorney (you'll need the latter to interpet the regulations for you and ensure that you don't contravene anything, thereby getting your union struck down after all your efforts to start it up).

If this seems like too big and costly a job for you, and you STILL want to unionize, I suggest you contact an already-established reputable union, and ask THEM to unionize your workplace.

[sooperdood3]

what if its like a private union? like a bunch of workers collaborating and fighting for a cause together. a petition?


ah, forget it. i'm quitting there anyway. there's too much bull**** going around. that wage increase put me back at base pay for my position and my boss picks on me too much. its only a mcdonald's anyway. i got a better job lined up.

[eerelations]

Under the law, a union is a union is a union - whether it's a bunch of guys negotiating pay increases or the Teamsters. Both types of groups are legally required to follow the NLRB regulations. There is no such thing as a "private union" unless your employer allows you to form one. Sounds like your employer ain't interested.

[sooperdood3]

srtaight from nlrb.gov:

Unions are protected by the NLRA from unfair labor practices, and guaranteed the right to organize, or attempt to form a bargaining unit in private sector workplaces covered by the Act. Unions, chosen as employee representatives, are entitled to engage in collective bargaining with an employer on behalf of employees to modify their wages and other working conditions.

---ALSO---

The NLRA forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective
bargaining purposes, or engaging in concerted
activities, or refraining from any such activity. Similarly, labor organizations may not re-strain or coerce employees in the exercise of these rights.

[eerelations]

These protections apply to already-unionized employees (meaning those employees who belong to unions officially recognized and sanctioned by the NLRB) and those employees who are in the process of unionizing in accordance with NLRB regulations. You and your coworkers do not fall into either one of these categories (yet - you might if you start actually following the regs, which include not using the employer's property to sign up members). If you don't believe me, ask your attorney or the NLRB.

PS I'm astounded at your hostility, all I was trying to do was give you some good, legallly accurate and useful advice. If you didn't want it, why on earth did you ask for it?

[sooperdood3]

what did i say that was hostile?

[eerelations]

Quoting sections of the NLRB regulations in an incorrect attempt to prove that I'm wrong about your boss being within her legal rights to remove your sign-up sheets from company property.

Please note, the sections you've quoted don't say that employees have the right to unionize on company property/time without interference from their employers. All they say is that employees have the right to form unions without interference from their employers. This means that if you hold a union drive meeting offsite and off company time, your employer cannot fire you for this.

However, you'll find that somewhere else in these regs it will say that employers do have the right to manage what occurs on their premises. This includes the right to refuse to allow employees to use employers' property for union drives. Your labor attorney will confirm this.

If you're serious about forming a union (any kind of union, even a "private" union - and please note the NLRB does not recognize "private" unions as being any different from any other kind of union), you must find and follow (to the letter!) the NLRB's mandated step-by-step process for forming a union. If you don't follow the NLRB's mandate process, you will not have a union, and the group that you've formed (that you might think is a union) will not be recognized by the NLRB as abeing an actual union, nor will it (or you and your fellow "union" members) be protected by the NLRB's regulations. (This means that if you continue to post sign-up sheets on your company's bulletin board, your employer may legally fire you for doing so. Your labor attorney will confirm this.)

I understand that you don't want to go to all the trouble of following the NLRB's rules. However, if you don't, you will not have the NLRB's protection. I don't know how many more ways I can say this to you.

I also understand that you don't want to pay a labor attorney to help you form a union. However, there isn't a legally-recognized union in the US that wasn't formed without the assistance of whole gangs of labor attorneys. If you want to save on attorney fees, contact a reputable union and have them organize your workplace. They'll do all the work, and they'll pay all the legal fees. And you won't get fired.

[sooperdood3]

i wasn't trying to prove you wrong. i wanted to fully understand my situation. now i do. thank you.