What to Do if You Are Hassled or Fired for Trying to Form a Union
If you think your employer has violated your right to a talk about and organze a union at your workplace, you can file charges with the U.S. National Labor Relations Board, the federal agency responsible for administring the National Labor Relations Act (NLRA). Your union or the union you are trying to join can help you file charges.
You should know that some workers are not covered by the NLRA. These include agricultural workers, airline employees, domestic workers, supervisors, managers or executives, and employees of railroads, state and local governements, and the federal government.
Section 8 of the NLRA says your employer cannot legally punish or discriminate against any worker because of union activity.
Among other unfair practices, your employer may not:
threaten to or actually fire, lay off, discipline, transfer or reassign workers because of their union support.
favor employees who don't support the union over those who do in promotions, job assignments, wages and other working conditions.
lay off employees or take away benefits or privileges employees already have in order to discourage union activity.
Charges of unfair labor practices must be filed within six months of the alleged illegal conduct. The NLRB can order your employer to stop interfering with employee rights and to provide back pay or reverse any action against workers for their union activity.
The forms needed for filing a charge can be obtained from the NLRB Web site
The more completely and accurately you are able to document your charges against your employer, the more likely you are to win your case. You should keep written notes of any incidents such as employer threats, harassment or punishment of workers trying to form a union. Your notes should include:
The time of the incident(s)
The date of the incident(s)
The place of the incident(s)
As complete a description as possible of the incident, including who was involved and any witnesses.
You should immediately report any incidents to your union or your organizing committee.
Employees of State and Local Governments in Pennsylvania
In Pennsylvania state law grants employees of state and local governments the right to form unions.
A UNION CAN HELP YOU STAND UP FOR YOUR RIGHTS
Few things in life can be as intimidating as standing up alone for your rights at work: some employers will say or do almost anything to avoid having to live up to their obligations under they law.
When you have a union at work, you don't have to stand up alone. Unions give you the power not to be intimidated when asking for what you are justly entitled to.
SHARE YOUR ORGANIZING STORY
Do you have a story about how workers have been harassed by employers for trying to join a union in Pennsylvania? Send it to us.
By documenting cases of employer efforts to oppose organizing efforts in Pennsylvania we can make the General Assembly and the U.S. Congress face up to the problem.