What to expect in an organizing drive:

When workers form a union, they gain a voice in decisions that affect their jobs, their future and their families. Unfortunately, contractors don’t always like the idea of sharing the decision making with employees. So a contractor’s first reaction may be to make a lot of misleading statements to try to convince you not to join together.

Knowing what to expect from your employer will help you stay focused on your real goal—winning a voice on the job and a say in your future.

Many times, contractors make the following statements to discourage employees from joining a union:

Contractor: “The union will make you go on strike.”

Fact: Strikes are a rare last resort in contract negotiations—more than 95 percent of our contracts are negotiated without a strike.

Contractor: “If you form a union, you risk losing the benefits and pay raises you already have.”

Fact: It is illegal for a company to freeze or cut previously scheduled raises to discourage you from forming a union. Once you’re organized, you’ll lock in our current wages and benefits with a contract and then negotiate improvements from there.

Contractor: “The union just wants your dues money.”

Fact: Every serious organization—churches, clubs, sporting leagues, and similar organizations—has to have some kind of funding, and unions are no different. Dues pay for the costs of having an organization—contract negotiations, grievances and arbitrations, training for members, legal fees, and other things so no one has to go it alone. Look at what "Non-Union dues" you may already be paying.

Contractor: “With a union, you won’t be allowed to talk to your supervisor—you’ll have to go through the union.”

Fact: We have found that having a union strengthens communication between employees and supervisors. Direct relationships with immediate supervisors continue and you can negotiate to retain any good policy and procedures already in place. The advantage of joining together in a union is that you’re able to make your voices heard at the upper levels of management, where key decisions are made.

Contractor: “The improvements we’re willing to make right now show that you don’t need a union.”

Fact: It’s great that your employer is responding to your concerns. It shows that when you join together, your voices are heard. By forming a union, you can make sure this progress is not just short term—you’ll build an ongoing dialogue with your employer on all your issues. You'll also have peace of mind with a union—since the improvements you agree on will be guaranteed in your union contract.

Keep in mind that it’s normal for some tension to arise when workers start to build a union. But the tension is temporary. After you vote to form a union, the contractor gets used to the idea of you having a voice on the job.

No matter what the contractor says, stay focused on your shared goals—to make your workplace the best possible place to work.

Some contractors, used to having their own way, may resort to illegal tactics to keep you and your co-workers from forming a union. While these tactics are illegal, you and your co-workers should be aware that your employer may resort to:

Engaging in open or undercover surveillance of employee’s union organizing activities, or give the impression that the employees are under surveillance (such as sending supervisors to spy on union meetings, watching the union hall, or encouraging other employees to engage in surveillance);
Telling employees that the company will fire or punish them if they engage in union activity;
Laying off, discharging, or disciplining employees for union activity;
Granting employees a wage increases, special concessions, or benefits in order to keep the union out;
Barring employee-union representatives from soliciting employees’ membership on or off the company property during non-working hours;
Asking employees about union matters, meetings, etc. (some employees may, of their own accord, walk up and tell of such matters. It is not an unfair labor practice to listen, but to ask questions to obtain additional information is illegal.);
Asking employees what they think about the union or a union representative;
Asking employees how they intend to vote;
Threatening employees with reprisal for participating in union activities. For example, threatening to move the plant or close the business, curtail operations, or reduce employees; benefits;
Promising benefits to employees if they reject the union;
Forming a “company union”, or dominate or give financial support or assistance to a union;
Announcing that the company will not deal with the union;
Threatening to close, in fact close, or move a facility in order to avoid dealing with a union;
Asking employees whether or not they belong to a union, or have signed up for union representation;
Asking an employee, during the hiring interview, about his or her affiliation with a labor organization or how he or she feels about unions;
Making anti-union statements or act in a way that might show preference for a non-union worker;
Making distinctions between union and non-union employees when assigning overtime work or desirable work;
Purposely teaming up non-union workers or keep them apart from those supporting the union;
Transferring workers on the basis of union affiliation or activities;
Choosing employees to be laid off in order to weaken the union’s strength or discourage membership in the union;
Discriminating against union people when disciplining employees;
By nature of work assignments, create conditions intended to get rid of an employee because of his or her union activity;
Failing to grant a scheduled benefit or wage increase because of union activity;
Deviating from company policy for the purpose of getting rid of a union supporter;
Take action that adversely affects an employee’s job or pay rate because of union activity;
Threatening workers or coercing them in an attempt to influence their vote;
Threatening a union member through a third party;
Promising employees a reward or a future benefit if they decide “no union”;
Telling employees overtime work (and premium pay) will be discontinued if the plant is unionized;
Saying unionization will force the company to lay off employees;
Saying unionization will do away with vacations or other benefits and privileges presently in effect;
Promising employees promotions, raises, or other benefits if they get out of the union or refrain from joining the union;
Starting a petition or circular against the union, or encouraging or taking part in its circulation if started by employees;
Urging employees to try to induce others to oppose the union or keep out of it;
Visiting the homes of employees to urge them to reject the union.

As an employee, you have rights afforded to you by the National Labor Relations Act. If your employer uses tactics like these, you may take your case to the National Labor Relations Board (NLRB) and report this illegal activity. In some cases, you and your co-workers may be entitled to back pay and or reinstatement. Gaining a voice in your workplace may not be easy, but few things in life worth having ever are.