ABA Family Legal Guide

Law and the Workplace

On the Job

Unions in the Workplace

How does a union represent a group of workers?

A union organizing campaign can start either because the employees in the workplace have contacted the union or because the union on its own seeks to organize the workers.

The first step in an organizing campaign is to determine whether the employees have any interest in having a union represent them. The union asks the employees to show their interest by signing authorization cards. This card indicates that the employee is interested in union representation. If at least 30 percent of the workers sign cards, then the union can ask the National Labor Relations Board (NLRB) to hold a secret ballot election.

Before the election is held, there is usually time for both the union and the employer to campaign among the workers, discussing the pros and cons of union representation. The election itself usually is held at the employer's place of business so that it is easy for the workers to vote. The NLRB conducts the secret ballot election.

If the union wins the election, it becomes the bargaining agent for the employees and negotiates a collective bargaining agreement with the employer. The employer must negotiate with the union. If the union loses the election, the status quo prevails.

The key point is that it is up to the employees to decide whether they want a union; it is their choice to make.