Human Resource Management (HRM) 101: Labor Relations - Union Organizing Process, Authorization Cards NLRB Election Certification

What This Is

The Union Organizing Process is the series of steps an employee or group of employees take to form a labor union and negotiate with management for better wages, benefits, and working conditions. This process is governed by the National Labor Relations Act (NLRA) and involves the collection of authorization cards, NLRB elections, and certification. For example, in 2018, Google employees formed a union, the Alphabet Workers Union, to negotiate for better working conditions and more transparency from management.

Key Models & Frameworks

• National Labor Relations Act (NLRA): A federal law that protects employees' right to form and join unions, bargain collectively, and engage in strikes.
• National Labor Relations Board (NLRB): An independent agency that administers the NLRA and conducts elections to determine whether employees want to be represented by a union.
• Authorization Cards: Cards signed by employees indicating their support for a union and authorizing the union to represent them in collective bargaining.
• Card Check: A process where employees sign authorization cards to show their support for a union, rather than holding an NLRB election.
• NLRB Election: A secret-ballot election held by the NLRB to determine whether employees want to be represented by a union.
• Certification: The process by which the NLRB recognizes a union as the exclusive representative of employees in a bargaining unit.
• Bargaining Unit: A group of employees who are represented by a union and engage in collective bargaining with management.
• Collective Bargaining: The process of negotiating between a union and management to reach a collective bargaining agreement (CBA) that outlines wages, benefits, and working conditions.
• Collective Bargaining Agreement (CBA): A contract between a union and management that outlines the terms and conditions of employment for employees in a bargaining unit.

Legal & Compliance Notes

• National Labor Relations Act (NLRA): Protects employees' right to form and join unions, bargain collectively, and engage in strikes.
• National Labor Relations Board (NLRB): Has the authority to investigate and resolve unfair labor practices (ULPs) and conduct elections to determine whether employees want to be represented by a union.
• Unfair Labor Practices (ULPs): Actions taken by employers or unions that are prohibited by the NLRA, such as interfering with employees' right to form and join unions or engaging in discriminatory practices.

Step-by-Step Process

1. Step 1: Union Organizing: Employees begin to organize and form a union, often with the help of a union organizer or representative.
2. Step 2: Authorization Cards: Employees sign authorization cards to show their support for the union and authorize the union to represent them in collective bargaining.
3. Step 3: NLRB Election: The NLRB conducts a secret-ballot election to determine whether employees want to be represented by the union.
4. Step 4: Certification: If the union wins the election, the NLRB certifies the union as the exclusive representative of employees in the bargaining unit.
5. Step 5: Collective Bargaining: The union and management engage in collective bargaining to reach a CBA that outlines wages, benefits, and working conditions for employees in the bargaining unit.
6. Step 6: Implementation of CBA: The CBA is implemented, and employees in the bargaining unit are subject to its terms and conditions.

Common Mistakes

• Mistake: Assuming that all employees in a bargaining unit must be union members to be represented by the union.
• Correction: Under the NLRA, employees who are not union members can still be represented by the union if they are in the bargaining unit and have authorized the union to represent them.
• Mistake: Believing that a union can only be formed through an NLRB election.
• Correction: A union can also be formed through a card check process, where employees sign authorization cards to show their support for the union.
• Mistake: Thinking that a union can only bargain for wages and benefits.
• Correction: A union can also bargain for working conditions, job security, and other terms and conditions of employment.

Exam / Certification Tips

• Tip: Be familiar with the NLRA and the NLRB's role in regulating union organizing and collective bargaining.
• Tip: Understand the difference between a bargaining unit and a collective bargaining agreement (CBA).
• Tip: Be able to explain the process of union organizing, including authorization cards, NLRB elections, and certification.

Quick Practice Scenario

Scenario: A group of employees at a coffee shop want to form a union to negotiate for better wages and working conditions. They begin to organize and collect authorization cards. What is the next step in the process?

Answer: The employees would file a petition with the NLRB to hold an election to determine whether they want to be represented by the union.

Explanation: The NLRB would then conduct an election to determine whether the employees want to be represented by the union.

Last-Minute Cram Sheet

• Authorization cards: Cards signed by employees indicating their support for a union and authorizing the union to represent them in collective bargaining.
• NLRB election: A secret-ballot election held by the NLRB to determine whether employees want to be represented by a union.
• Certification: The process by which the NLRB recognizes a union as the exclusive representative of employees in a bargaining unit.
• Bargaining unit: A group of employees who are represented by a union and engage in collective bargaining with management.
• Collective bargaining: The process of negotiating between a union and management to reach a CBA that outlines wages, benefits, and working conditions.
• NLRA: The National Labor Relations Act, which protects employees' right to form and join unions, bargain collectively, and engage in strikes.
• NLRB: The National Labor Relations Board, which administers the NLRA and conducts elections to determine whether employees want to be represented by a union.
• ULPs: Unfair labor practices, which are actions taken by employers or unions that are prohibited by the NLRA.
• CBA: A collective bargaining agreement, which is a contract between a union and management that outlines the terms and conditions of employment for employees in a bargaining unit.
• Card check: A process where employees sign authorization cards to show their support for a union, rather than holding an NLRB election.