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Know
Your Rights
Questions
and Answers about Organizing
What
does signing a union authorization card mean?
The
National Labor Relations Act requires that at least 30% of the
workers in a potential "bargaining unit" show that they are
interest in having a union. Thus, workers sign authorization cards to
(1) show that they are interested in a union and (2) authorize the ILWU
to act as their collective bargaining agent.
Is
my authorization card confidential?
Absolutely! The ILWU guarantees that neither your employer nor
supervisor will see your card. Under federal labor law, only ILWU
representatives and agents of the National
Labor Relations Board (NLRB) are entitled to see your card. Your
card must - and will - be kept confidential at all times.
Can
I be fired or suffer any penalty on the job for signing a card or
participating in organizing?
No.
Federal law says, "employees shall have the right to
self-organization, to form, join or assist labor organizations."
Congress passed this law to ensure that workers could freely participate
in joining the union of their choice without interference from their
employer. As a member of the ILWU, you have the strongest union in the
United States to help you enforce these rights. Remember: Federal law
supports your right to join the ILWU.
Can
I sign up co-workers and otherwise participate in the ILWU campaign on
the job?
The
law protects your right to campaign for the ILWU at the work place, but
only on your own time, i.e. before you clock in, during your breaks and
lunch hour, and after you clock out.
What
is a union contract?
A
union/management contract is an exchange of mutual agreements, arrived
at after bargaining, which impose rights and duties on each party.
Company policy is not a contract. The rules and regulations are set
entirely by management. Workers don't have a voice in setting company
policy. Management sets the rules and enforces them, and can ignore or
change them at any time. Your only choice is to take it or leave.
What
difference does a contract make?
The
National Labor Relations Act requires an employer to bargain in good
faith with the union a majority of workers vote for in a secret-ballot
election. The employer must come to the bargaining table with an open
mind and a sincere desire to discuss the issues. Both parties must try
to reach a settlement through negotiations, and when agreement is
reached, they must sign a written contract.
Here's
what this means to you: Management cannot reduce wages or change working
conditions without first negotiating with the workers, through their
union representatives. Workers are entitled to vote on changes made to
their contract. Your contract is for a set period of time and cannot be
changed at will by a notice or announcement. There will be no favoritism
or change of policy to suit the whim of management.
The ILWU
enforce your contract to make sure the company abides by the rules. The
ILWU enforces your contract through a grievance procedure, in
arbitration.
What
goes into the union contract?
Your
ideas on wages, benefits and rights on the job will be used to develop
the proposals to be negotiated with management. Your union negotiating
committee will try to bargain all the improvements you propose.
ILWU
contracts set wages, hours, working conditions, seniority, health and
welfare benefits, pensions, rights to promotion, maintenance of
standards, anti-discrimination clauses, grievance procedures, and other
rights that help workers on the job.
When
and how are contract proposals developed?
As
soon as the ILWU wins the election and is certified or recognized as the
bargaining agent by the National Labor Relations Board, we will ask for
immediate negotiations with management. Contract proposals are developed
as follows:
Many
workers have already told us in person, by letter and on the telephone
what they would like to see in the contract.
Meetings
will be called so that you and other union members can develop contract
proposals and elect your union negotiating committee.
ILWU
officers, staff and attorneys will help put the proposals together so
that everyone knows what's on the bargaining table.
Who
negotiates with the company?
The
committee you elect, assisted by ILWU officers and staff, will conduct
negotiations and provide you regular reports. The contract is not valid
until a majority of eligible members vote by secret ballot to accept it.
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