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Authorization cardsThe first step toward becoming a member of the GCC/IBT is to sign an authorization card to gain the right to bargain with your employer over wages, working conditions, and fringe benefits. After an adequate number of signed authorization cards are collected by the union, you can gain bargaining rights in three ways:
Employers use propaganda to discourage card signingEmployers often try to discourage card signing by implying that cards represent a heavy legal commitment that you can't escape. This type of propaganda is not true. Bargaining cannot take place without a majority of workers choosing to have union representation.
Tips on signing up your fellow workers
Cards don't voteSince most campaigns result in a National Labor Relations Board election, it is wise to remember that "cards don't vote." In other words, don't have people signing up just for the fun of it. Have them sign up because they want to bargain with their employer through the GCC/IBT. We want card signers to vote for the union on election day.
National Labor Relations Board ProceduresIt is the declared policy of the United States Government to encourage collective bargaining. The National Labor Relations Act states: "It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and protecting the exercise by workers of full freedom of association, self organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection." The National Labor Relations Board (NLRB) uses a secret ballot election to determine whether a majority of employees in a group wants to be represented by a union. The NLRB procedure works like this:
Filing a representation petitionTo obtain an election through the services of the NLRB, at least 30 percent of the employees in the bargaining unit must sign authorization cards for a valid petition. As a practical matter, the GCC/IBT prefers about 70 percent of the eligible voters to have signed cards.
Informal conferenceAfter a petition is filed, the NLRB will schedule an informal conference, including representatives from the union and the employer. At this conference, the NLRB tries to get the parties to agree on what classifications of employees should be included and excluded from the bargaining unit, when and where the election should be held, and other election-related matters.
Formal hearingIf the union and employer cannot agree on the election-related issues, the NLRB schedules a formal hearing. After hearing testimony and argument on disputed issues, and usually after receiving legal briefs from the parties, the NLRB regional office will issue a Direction of Election. The Direction of Election spells out what classifications of employees are included and excluded and resolves other disputed issues. An election is usually scheduled between 25 and 30 days after the issuance of the Direction of Election.
Further appealsEither party may appeal the National Labor Relations Boards regional office rulings. Usually, but not always, the NLRB will schedule the election pending any appeals that have been filed.
The electionThe election is supervised by NLRB representatives and will most likely be held on company premises. Non-management employees designated by the union and the employer will be at each polling place as observers. Employees are entitled to reasonable time from work without loss of pay in order to vote.
Secret ballotThe National Labor Relations Board goes to great length to insure that the election is truly by secret ballot. Depending on the number of unions involved, the ballot will read: Do you wish to be represented for the purposes of collective bargaining by the Graphic Communications Conference of the International Brotherhood of Teamsters? ______ YES ______ NO
Challenged ballotsThe National Labor Relations Board, the GCC/IBT or the employer has the right to challenge the vote of any employee. Every employee will be permitted to vote but may be challenged. Challenged ballots are set aside. If the total number of challenged ballots could affect the outcome of the election, the NLRB will investigate the eligibility of each challenged voter before certifying the results of the election.
CertificationAfter the election, and after challenged ballots are resolved if they could affect the result, the National Labor Relations Board certifies the result of the election. When it has been determined that a majority of the employees actually voting (not a majority of those eligible, but of those actually voting) has voted for the union, that union is certified as the legal representative of the entire group for the purposes of collective bargaining.
BargainingOnce the GCC/IBT is certified to represent the employees, the employer is required by federal law to negotiate in good faith with the union.
Phone: (202) 462-1400. Fax: (202) 721-0600. Comments? Contact the webmessenger. |