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Know Your Rights
Topic Started: Mar 7 2012, 10:58 PM (123 Views)
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KNOW YOUR RIGHTS!

"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection…”

From: Sec. 7 of the National Labor Relations Act.

Distribute literature...
- Distribute literature in non-work areas on non-work time.
- Non-work areas include break areas, time clocks and other areas away from the production process.
- Non-work time includes lunches and breaks - even if paid by company.

Talk to your coworkers...
- You can talk about the Union and the campaign in the same manner as any other subject.
- Getting a petition signed is the same as talking to someone.

Show Your Support - Wear campaign material...
- Non-supervisory employees have a right to wear union buttons, stickers, hats, etc.
- There are limits to this right -- the material worn or distributed cannot imply a threat of violence, contain racial slurs or attacks, contain sexual innuendo or criticize company products.
- Do not wear materials that pose a safety hazard.
- Stickers may be worn or stuck on personal property. Attaching stickers to company property is not permitted.
- You have a right to ask everyone to wear campaign material. There must be no threats or harassment of anyone who chooses not to assist or wear material.

Show Your Support - Make Yourself Heard...
- Chanting and other forms of loud vocal support are protected in working and non-working areas as long as neither production nor safety is impaired.
- The limits to this right are the same as for union material.

Show Your Support -Get Together...
- Meetings in non-work areas on non-work time, inside the plant, are protected.
- Marching together, through the plant, on non-work time is protected. DO NOT DISRUPT PRODUCTION!
- Meetings and rallies in the company parking lot before or after work is protected. The company can prevent employees, on their day off, from entering the plant. The company cannot legally prevent a non-supervisory employee, on their day off, from joining a meeting or rally on company property if it is outside of the plant. The company is allowed to set reasonable rules for parking lot rallies.


Show Your Support - Talk to your friends and allies...
- You have a right to discuss campaign issues with your families, neighbors, and the public.
- Public criticism of company rules, policies, wages, benefits, and treatment is protected. Criticism of company products is not protected.
- Discussing campaign issues in the press is protected but not always wise. We reserve our right to go to the press, but we need a local union policy and procedures for talking to the press.
- Locals are always stronger when they have the support of the families and the community.

You DO NOT have a right to ...
- Slow down or ask others to slow down production.
- Damage company equipment or property.
- Remove company property from the plant.
- Be insubordinate.
- Organize a sick out.
- Organize an overtime ban.
- Threaten, harass or intimidate non-supporters.

Your employer cannot... If management says no...
- If a member is directed to cease any activity or is threatened with discipline, the member should cease the activity.
- The member should state - “I am exercising my rights under the law,” and ask the supervisor again if it is necessary to cease the activity.
- If the supervisor says, “yes,” - cease the activity. At first opportunity - note the supervisor/s, time, location, and any witnesses.
- Report the incident to and fill out an, “Incident Report,” sheet with all details. A witness is helpful but not necessary.
- If a supervisor prevents protected activity it may be an Unfair Labor Practice.

Company Unfair Labor Practices...
- Threaten employees, or actually carry out a reprisal against employees because of their union activity.
- Interrogate employees about their union activity or the union activities of others.
- Promise or actually grant a reward to influence an employee.
- Surveillance or spying on the union activities of employees.
- In addition, there are a number of bargaining related unfair labor practices. The bargaining related ULP most likely to occur on the shop floor is direct dealing - bypassing the union leadership or bargaining committee and bargaining directly with the membership for the purpose of influencing decisions of the bargaining committee.





Options at contract expiration...
- Settle.
- Continue working beyond expiration - continue working under the current wages and benefits. Does affect the arbitration procedure and there will be no COLA increases.
- Extend agreement - very common procedure. Extension period is negotiated. During extension, you continue working under the current contract.
- Employer Lock-Out
- Unfair Labor Practice Strike
- Economic Strike

Why consider alternatives to striking...
- The objective is to exert maximum economic pressure on your employer.
- The threat of a strike can sometimes be more devastating to the business than an actual strike because of the uncertainty that the strike threat creates in the marketplace.
- If your employer has invested heavily in inventory, security and recruitment of replacements, such expenses are entirely useless and wasteful unless and until the strike begins.
- The Union should always be the party that decides when and how to exert economic pressure. Neither the employer nor the calendar should control our fate.


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