Know Your Rights

Know Your Rights
Questions and Answers about Organizing

What does signing a union authorization card mean?

The National Labor Relations Act requires that at least 30% of the workers in a potential "bargaining unit" show that they are interest in having a union. Thus, workers sign authorization cards to (1) show that they are interested in a union and (2) authorize the ILWU to act as their collective bargaining agent.

Is my authorization card confidential?

Absolutely! The ILWU guarantees that neither your employer nor supervisor will see your card. Under federal labor law, only ILWU representatives and agents of the National Labor Relations Board (NLRB) are entitled to see your card. Your card must - and will - be kept confidential at all times.

Can I be fired or suffer any penalty on the job for signing a card or participating in organizing?

No. Federal law says, "employees shall have the right to self-organization, to form, join or assist labor organizations." Congress passed this law to ensure that workers could freely participate in joining the union of their choice without interference from their employer.

As a member of the ILWU, you have the strongest union in the United States to help you enforce these rights. Remember: Federal law supports your right to join the ILWU.

Can I sign up co-workers and otherwise participate in the ILWU campaign on the job?

The law protects your right to campaign for the ILWU at the work place, but only on your own time, i.e. before you clock in, during your breaks and lunch hour, and after you clock out.

What is a union contract?

A union/management contract is an exchange of mutual agreements, arrived at after bargaining, which impose rights and duties on each party. Company policy is not a contract.

The rules and regulations are set entirely by management. Workers don't have a voice in setting company policy. Management sets the rules and enforces them, and can ignore or change them at any time. Your only choice is to take it or leave. What difference does a contract make?

The National Labor Relations Act requires an employer to bargain in good faith with the union a majority of workers vote for in a secret-ballot election. The employer must come to the bargaining table with an open mind and a sincere desire to discuss the issues.

Both parties must try to reach a settlement through negotiations, and when agreement is reached, they must sign a written contract. Here's what this means to you: Management cannot reduce wages or change working conditions without first negotiating with the workers, through their union representatives. Workers are entitled to vote on changes made to their contract.

Your contract is for a set period of time and cannot be changed at will by a notice or announcement. There will be no favoritism or change of policy to suit the whim of management. The ILWU enforce your contract to make sure the company abides by the rules. The ILWU enforces your contract through a grievance procedure, in arbitration.

What goes into the union contract?

Your ideas on wages, benefits and rights on the job will be used to develop the proposals to be negotiated with management. Your union negotiating committee will try to bargain all the improvements you propose.

ILWU contracts set wages, hours, working conditions, seniority, health and welfare benefits, pensions, rights to promotion, maintenance of standards, anti-discrimination clauses, grievance procedures, and other rights that help workers on the job.

When and how are contract proposals developed?

As soon as the ILWU wins the election and is certified or recognized as the bargaining agent by the National Labor Relations Board, we will ask for immediate negotiations with management. Contract proposals are developed as follows:

Many workers have already told us in person, by letter and on the telephone what they would like to see in the contract. Meetings will be called so that you and other union members can develop contract proposals and elect your union negotiating committee.

ILWU officers, staff and attorneys will help put the proposals together so that everyone knows what's on the bargaining table.

Who negotiates with the company?

The committee you elect, assisted by ILWU officers and staff, will conduct negotiations and provide you regular reports. The contract is not valid until a majority of eligible members vote by secret ballot to accept it.