FAQ: The TRUTH About Forming a Union

When employers try to stop workers from forming a union, they say many things that just aren’t true. Here’s the truth about forming a union in SEIU Local 105:

What is a union?

A union is an organization made up of you and your coworkers coming together to fight for change in your workplace. You have more power to make positive change when working together than you do as individuals. Without you and your coworkers coming together to take collective action, your employer decides on their own whether or not to make improvements, increase wages, or change working conditions.

When you form a union, you bargain with your employer as equals on these issues. Union organizers and representatives are there to help workers navigate this process.

Do union officials become your voice and representative?

You have more power to make positive change when working together than you do as individuals. Without you and your coworkers coming together to take collective action, the organization decides by itself whether or not to make improvements, increase wages, or change working conditions.

Unionized workers continue to have direct relationships with managers. However, with a union contract, management cannot choose to pay a worker more or less based on their opinion of that worker. Union organizers and representatives are there to help workers navigate this process.

Can you opt-out of union representation?

A union is a democratic organization. Unless an employer chooses to recognize a union voluntarily after a majority of workers have signed union cards, the decision to join a union is determined by an election in which all workers who can be represented vote. A union’s power is in its unified voice, everyone in the workplace gets representation.

What about the status-quo relationship with management?

Once you have won a union election and told your employer that you want to stand together and fight for workplace improvements, they are no longer allowed to make unilateral decisions about your employment without your consent. This is part of Federal law, meant to protect you from employer retaliation.

How does collective bargaining work?

Without you, there is no workplace. Collectively, you hold the power within the organization. During collective bargaining, management has the legal obligation to bargain with you as equals. You bargain your own contract with the help and advice of SEIU employees. You determine how many workers are on your bargaining committee, its composition, and you elect its members. Ultimately, you will determine what your contract looks like.

Will we have to go on strike if we form a union?

Employers often try to scare workers about strikes. The fact is that strikes are very rare, even more so in the leadup to a first contract. Strikes only happen if a majority of your co-workers in the union bargaining unit at your employer vote for one. Any decision to withhold labor is determined by you through a strike vote. Successful strikes require 90% or more of workers to vote yes to strike.

Why do employers talk so much about strikes when workers try to unionize?

Management is scared of strikes because strikes give union members the power to win a strong contract with major improvements to jobs, wages, and benefits. Just look at the three-day unfair labor practice strike of SEIU Local 105 members at Kaiser Permanente. That action ultimately led to a contract settlement with 21% raises over four years, the protection of fully employer-paid family healthcare coverage and pensions, major improvements to staffing, strong job security protections, and more.

Are employers legally allowed to cut wages or benefits before workers unionize and bargain a contract?

No, it is against federal law for management to cut wages or benefits to retaliate against workers for forming a union.

Do I have to tell my manager whether I support the union?

No, federal law protects you and you have no obligation to share anything about your unionization efforts with management.

Can I be fired or disciplined for working to form our union?

No, your right to form a union is fully protected by law. You can talk to co-workers about forming a union anywhere you’re allowed to talk about non-work topics.

You also have the right to distribute union literature, wear union buttons, and encourage other employees to support forming a union. 

Have Any More Questions?

Get in touch with a union organizer by filling out our form! They can answer any questions you have have, walk you through the process, and help you get started!