Union Organizing Fundamentals

By Rand Wilson, updated September 10, 2020

Organizing a union and gaining the right to collective bargaining is the most powerful and effective way for workers to have a meaningful voice with their employer. The steps to getting organized are not complicated — but uniting with your co-workers and overcoming management’s aggressive interference and hostility to sharing power over decision making can be a slow and challenging process. Prepare for some hard — but rewarding work. Always remember to “put the fun in the fight!”

Below is an outline of 25 essential steps (but not always in this order) to forming a union:[1]

1. Do some research on your employer. Any history of union campaigns? Any history of employees filing complaints with OSHA, MCAD, the NLRB (in the private sector) or the DLR (in the public sector).[2] Also do some research on sources of leverage that would give you and your co-workers increased influence with your employer: staff relationships with customers or clients, with elected officials, liberal and pro-union members of the board of directors.

2. Identify key issues that will unite a majority of your coworkers. Obviously, salaries and benefits always motivates many people. But forming a union can’t just be about more money and a pay increase. You will need to have other objectives like health and safety, promotions and career ladders, unilateral changes in job descriptions, staff levels, quality of care or services, etc. Here’s a link to my favorite reasons for workers to unite with their coworkers: https://medium.com/@rand.wilson/six-reasons-to-unite-with-your-coworkers-in-a-union-c2ed3e992ec3?sk=ecc80ccfb52172563a4c227d978be0c6

3. Get a list of all employees and begin getting personal emails and cell numbers for everyone. Determine who on the list is union eligible (non-supervisory) and who would be excluded because they hire and fire or recommend hiring and firing?

4. Chart your workplace: Where do people work? Who do they report to? Who do they respect? Who do they socialize with? What is the racial, gender and ethnic make-up of the workforce? What are the job titles and skill levels?

5. With the employee roster and your chart, begin thinking of a possible union leaders (and future stewards) who are respected employees in each department, work group, clique, and social circle.

6. Approach those potential leaders to find out about their concerns and level of satisfaction with their employment terms and conditions. DO NOT TALK ABOUT FORMING A UNION — at this stage you are only trying to identify their issues and gauge their potential support for organizing. Here’s a simple guide to talking about workplace issues with your coworkers: https://home.coworker.org/resources/a-simple-guide-to-talking-about-workplace-issues-with-your-coworkers/

7. Begin using your NLRA Section 7 rights to “Ditch the Fear” that employees have of being fired, disciplined, or other threats because they support the union. Take small actions on issues to show that “together we get results!” [3] These small actions help build confidence that workers can act together to improve their conditions. They test workers to see how hard they will work and if they are a respected enough leader to enlist others. As you are building unity, you are seeing who is actually a workplace leader vs. who is just a loudmouth that no one respects. Be sure to document EVERY ACTION with date, time, names of workers involved, witnesses, and outcomes.

8. Keep the union organizing on the down low. If management gets wind of an organizing campaign before you and your union supporters are ready, it will prematurely polarize workers around the “union question” rather than around the real on-the-job issues that you and your coworkers face.

9. Based on the results of small actions and tests to see which workers are both leaders and prepared to take action, begin forming an organizing committee. Make sure to get trained on your roles and responsibilities as rank and file union organizers. The committee should have a well-respected worker from every department, shift, work location, and be representative of the balance of gender, ethnicity and race in the proposed bargaining unit. A good committee is the foundation of your campaign and critical to your success.

10. Any employer retaliation against your activists will have a “chilling effect” on your coworkers and the campaign. If retaliation occurs, use your “arsenal of agencies” to fight back. You, or the union your working with, can file charges about retaliation for “protected concerted activity” with the NLRB. Here’s a link on how to file a charge: https://seiulocal-my.sharepoint.com/:w:/g/personal/rwilson_seiu888_org/EYmpS4kZeClKiDHo8m9K0IQBi4A5VpISC1D3jPBxHYz7SA?e=9KMyDt. Your rights are also protected by the Fair Labor Standards Act and the Occupational Safety and Health Act. File charges at these agencies as well: https://www.dol.gov/dol/fact-sheet/immigration/RetaliationBasedExerciseWorkplaceRightsUnlawful.htm

11. Organizing committee members assess the support for forming a union among their coworkers. A ‘1’ is a member of the committee and a leader, ‘2’ is a strong supporter, ‘3’ is ambivalent or a fence sitter, ‘4’ is antiunion. Based on the committee’s assessments, is it possible to move forward with a union campaign? You need about 70% support to win. If sufficient support is not there now, put the campaign on hold and wait for the issues to develop that will motivate more people. The boss is often the best organizer! (For example, management may make unilateral changes in conditions or cut pay, or show a lack of respect — and it moves some of your 3s to 2s!)

12. Escalate your use of NLRA Section 7 rights with more workplace actions on key issues to test your leaders and their support in every department.

13. Go public! Once you decide to move forward with a campaign, notify management (in writing and in person) about who are the members of the committee and requesting a process for dialogue about management interference in the conduct of your campaign and a voluntary recognition process.

14. Write a mission statement for your new union’s objectives and begin recruiting support from other unions, community allies, elected officials, customers and clients.

15. Build your super majority of worker support! Again, aim for 70–75%. If less than 60%, you do not have enough to win an election or negotiate a good first contract. Retreat to do more organizing.

16. With super-majority support, make your request to the employer for voluntary recognition. Depending on your assessment of the likelihood of voluntary recognition, simultaneously file a petition for a recognition election with the NLRB or your state’s Division of Labor Relations.

17. While waiting for voluntary recognition or a government supervised election, keep the focus on the workplace issues that built majority support. Begin formulating your contract proposals and building even deeper employee unity and support for winning them.

18. If you are sending out email or leaflet communications, prepare your final, “Here’s why we are voting ‘yes’!” document with pictures and signatures from all union supporters. It should demonstrate majority support for the union, making the election a forgone conclusion. Keep the focus on the issues you hope to win in your first contract.

19. Turnout all of your supporters for the union election.

20. Celebrate your victory and begin the contract campaign![4]

21. 1. At this point, reach out to workers who voted no and transform the organizing committee to an elected negotiating committee. Schedule your first negotiating session with management and make your first request for the information that will be needed to support negotiations.[5]

22. Form a Contract Action Team (CAT) and prepare escalating actions (up to and including a strike or information picketing if a strike isn’t possible) and go public with customers, clients, etc.

23. Continue to negotiate with management.

24. Do workplace and community actions to support your bargaining demands (up to and including a strike).

25. Win a tentative agreement and hold a membership contract ratification vote!

[1] At any stage in this process, a workplace organizer might want to begin working with a professional organizer from a labor union. Selecting a union to join should be based on additional research and criteria that youyou’re your co-workers develop, such as: union(s) with members who do similar work, a shared political philosophy, resources to commit to a campaign, the strength to help you win a first contract and ability to set standards in your industry sector.

[2] The Occupational Safety and Health Administration (OSHA), Massachusetts Commission Against Discrimination (MCAD), National Labor Relations Board (NLRB), AG’s Office of Fair Labor Standards (FLS), Massachusetts Division of Labor Relations (DLR) all have public records on the complaints received from specific employers.

[3] Sec. 7, of the National Labor Relations Act:
“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 or other mutual aid or protection…” https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights

[4] The elements of a contract campaign are only briefly noted here. Start educating yourself and others with: https://labornotes.org/2018/05/stewards-corner-legal-rights-contract-campaign and consider buying “No Contract, No Peace: A Legal Guide to Contract Campaigns, Strikes, and Lockouts” by Robert M. Schwartz, Labor Notes. https://labornotes.org/store/no-contract-no-peace

[5] “File an Information Request with Every Grievance,” December 06, 2019, by Robert M. Schwartz, Labor Notes, https://www.labornotes.org/2019/12/file-information-request-every-grievance