Human Resources

CHAPTER 7

Union Organizing

Chapter Overview

In the U.S. labor relations system, if a group of employees wants their employer to bargain with them collectively rather than individually, they typically will need to form a union and formally demonstrate that a majority of the employees support the union. This chapter discusses the behavioral, strategic, and legal aspects of this union organizing process.

There are certain basic procedural steps and legal standards for how new unions are formed in the United States; however the ways in which companies and unions act within the confines of these processes are equally critical for understanding the union organizing process. An election timeline as well as a thorough discussion of each step of the election process is therefore presented.

Against the backdrop of the legal aspects of the election process sits the human factor. Decisions to vote for or against a union are rooted in various factors, such as job satisfaction, beliefs of union effectiveness, and the social environment in which the employee works. These factors are explored in detail.

After a certification election is scheduled, employers and unions battle for the vote of the individual employee. There is continuing debate over the effectiveness of employer campaign tactics (a well-known study, for example, found most workers already had their minds made up before employer campaigning began). However, this does not stop employers from using tactics such as captive audience meetings to get their message directly to the workers, using outside consultants to advise them on the best ways to keep the union out, and employing delay tactics to give them more time to fight the union effort.

Unions often feel disadvantaged in the organizing process. Unions can be denied access to employees in the workplace by employers using “no solicitation” rules, i.e., the employer can use their private property rights to prohibit...