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Your rights in the United States

The United States Government, through the National Labor Relations Act, gives you the absolute right to :

  • Help form or join a union.
  • Bargain over wages, working conditions and fringe benefits with your employer.
  • Have small group meetings at lunchtime or break time as long as you are not creating a disturbance or blocking the movement of others.
  • Talk about the union on your own time.
  • Distribute literature in non-work areas.
  • Wear a union insignia.
  • Solicit other employees for union membership, both on lunch or break time even on company property.

These rights are protected by the federal government. An employer may not discriminate against you for exercising these rights.

There are many actions that an employer may not take, according to the National Labor Relations Act. Below is a list of examples of actions that are considered illegal for employers or supervisors to take. If an employer or supervisor commits any of these illegal actions, the action may be considered a violation of the National Labor Relations Act and therefore an unfair labor practice.

Recording unfair labor practices at or near the time they occur is critical to being able to win them. Supervisors' conversations with employees should be reported to organizing committee members as soon as possible. If the employer commits so many unfair labor practices that a fair election becomes impossible, the National Labor Relations Board may order the employer to bargain with the union even if the union loses the election.

It is ILLEGAL for your employer or supervisor to:

  • Tell employees that the company will fire or punish them if they engage in union activity.
  • Tell employees that unionization will force the company to lay off employees.
  • Threaten to close or actually close or move a plant in order to avoid dealing with the union.
  • Tell employees that unionization will do away with vacations or other benefits and privileges already in effect.
  • Tell employees overtime work (and premium pay) will be discontinued if the plant is unionized.
  • Lay off, discharge, or discipline any employee for union activity.
  • Threaten employees with reprisal for participating in union activities.
  • Promise to increase benefits to employees if they reject the union.
  • Promise employees promotions, raises or other benefits if they get out of the union or refrain from joining the union.
  • Fail to grant a scheduled benefit or wage increase because of union activity.
  • Promise employees a reward or a future benefit if they vote against the union.
  • Provide financial support or other assistance to employees or groups of employees who favor or oppose the union.
  • Announce that the company will not deal with the union.
  • Attend union meetings, park across the street from a union meeting place, or engage in any undercover activity which would indicate that the employees are being kept under surveillance to determine who is and who is not participating in the union program.
  • Ask employees about union matters, meetings, etc. Some employees may, of their own accord, walk up and tell of such matters, but to ask questions to obtain additional information is illegal.
  • Bar employees who support the union from soliciting union memberships on or off the company property during non-working time.
  • Start a petition or circular against the union or encourage or take part in its circulation if started by employees.
  • Urge employees to try to induce others to oppose the union or stay out of the union.
  • Ask employees what they think about the union or a union representative.
  • Ask employees how they intend to vote in a union representation election.
  • Ask employees whether or not they belong to a union or have signed up for union representation.
  • Visit the homes of employees to urge them to reject the union.
  • Ask an employee during a hiring interview about their affiliation with a labor organization or how they feel about unions.
  • Grant employees wage increases, special concessions, or benefits in an attempt to keep the union out.
  • Act in a way that may show preference for a non-union employee.
  • Make distinctions between union and non-union employees when assigning overtime work or desirable work.
  • Transfer employees on the basis of union affiliation or activities.
  • Choose employees to be laid off in order to weaken the union's strength or discourage membership in the union.
  • Discriminate against union people when disciplining employees.
  • Purposely team up non-union employees and keep them apart from those supporting the union.
  • Create, by the nature of work assignments, conditions intended to get rid of an employee because of his or her union activity.
  • Deviate from company policy for the purpose of getting rid of a union supporter.
  • Take action that adversely affects an employee's job or pay rates because of union activity.
  • Threaten workers or coerce them in attempt to influence their vote.
  • Threaten a union member through a third party.

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