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Myth and realityIn 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 bargainOnce 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 contractThese are the steps your union will follow in helping you to negotiate your first contract:
A contract is a legally binding guaranteeWorkers 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 rightsContract 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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