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Union: Know Your Rights

By Kum Martin

The National Labor Relations Act (NLRA) regulates the Unions in the U.S. The unions are mainly meant at providing collective bargaining leverage for workers according to workplace practices established by their employers. An individual employee may have enough bargaining power toward an employer. But a union of employees has greater strength when negotiating with an employer as well as through the use of structured grievance procedures for resolving disputes. According to the NLRA, an employee is free to join or organize a union on behalf of co-workers and the employer cannot prevent or coerce an employee when he or she exercise you�re his or her to promote a union.

Do you have to join a union? In fact, there is no absolute answer and it will depend on the type of relationship stipulated in the collective bargaining agreement between the union and your employer. In theory, you are free to join or not join a union. But you may be forced to join if it is stipulated in the collective agreement that all workers have to be member of a union. However, most states implemented right-to-work provisions which allow workers the right to hold a job without joining a union or paying union dues.

What about strikes? The NLRA stipulates that employees are allowed to go on strike to claim compensation or working conditions. But, an employee can lose his job by going on strike for economic. Indeed, employers can hire a permanent replacement for the job previously occupied by the employee who went on strike. But if an employee went on strike because of unfair labor practices, employers are prohibited to hire a permanent replacement for the job of an employee who went on strike. At the end of the strike, an employer can claim his immediate reinstatement within the company and at his previous position.

Even though it is rare, a collective bargaining agreement between the bargaining unit and the employer can contain a clause which prohibits strikes. Therefore, if any employee is going on strike during the life of their contract, it could simply result in the firing of the employee.

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