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Reaching the goal – Your first contract

Myth and reality

In almost every organizing campaign the boss will say: "This union can't guarantee you anything. When bargaining begins, we start from scratch." In other words, the boss wants you to think that you could lose benefits through the bargaining process. The fact is that millions of American and Canadian workers have made tremendous gains through the bargaining process in negotiating union contracts.

So when you hear that kind of talk from the boss, ask: "Are you threatening loss of benefits?" The employer will probably say no, because he knows that it's illegal to threaten loss of benefits. And he knows that bargaining begins with what you already have.

The boss must bargain

Once you've won your election, the boss is legally obligated to bargain in good faith over wages, working conditions, and fringe benefits.

Negotiating the first contract

These are the steps your union will follow in helping you to negotiate your first contract:

  • Hold meetings with all workers to find out what they would like in their first contract.
  • Supervise the election of your representatives to serve on the negotiating committee.
  • Begin face-to-face negotiations with the employer based on the proposals developed in your first meetings.
  • Reach a tentative agreement on all issues between your committee and the employer.
  • Bring that agreement back to all workers in the bargaining unit for ratification or rejection by a secret ballot vote.

A contract is a legally binding guarantee

Workers without a union contract have no guarantees of wages, benefits, or working conditions except those required by law, such as the minimum wage. But with a union contract there are guarantees affecting nearly all your conditions of employment. It guarantees when you will get a wage increase and how much it will be. It guarantees benefits, such as vacations, health insurance, pension, holidays, etc. In short, your union contract guarantees practically any condition of employment you might want from seniority protection to a safe work environment.

Collective and individual rights

Contract negotiations are successful because a united workforce is strong enough to obtain concessions and changes, while the individual is not. Nevertheless, joining a union does not eliminate your right to take your problems directly to the boss. In fact, in the United States, Section 9(a) of the Taft-Hartley Act says "Any individual employee or group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted without intervention of the bargaining representative (union)." However, NLRB rulings often limit activities protected by law to "concerted activities"–actions taken by the bargaining unit as a group.

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