Ask a Union Organizer: Unionizing FAQs!
Over on Instagram last week, we asked you to share your questions about unionizing. Here are some quick answers to your top five questions:
How can I start talking to colleagues about unionizing, especially when we are all remote?
Usually, I encourage folks to spend time casually socializing before very quietly popping the union-question. But as it turns out, whispering is sorta hard from six feet away and over your office video chat software. Chances are if you’re thinking about organizing your coworkers are too. Whether you’re working remotely or back in the office, approaching colleagues about unionizing takes a little bit of bravery and a lot of trust that they won’t rat you out.
Encryption is key. Keeping your conversations about unionizing completely secret should be the first priority. Starting a Signal thread, Slack channel, or hosting a Zoom meeting (using your own non-work accounts) on your off-time is a great place to begin. You can ease into things by asking coworkers to discuss topics that enrich your “outside of work” relationships, like a book club, space for venting, or a discussion circle.
Nobody with hiring- or firing-power should be allowed to participate. It’s not a birthday party, so not is invited. As a general rule, you’ll want to recruit one person from each shift, department, and demographic for your organizing committee. Make a list of all your coworkers. Start with the coworkers you trust the most. Try to have some one-on-one conversations with them about why they love their job and what they think could be better. Keep (offline!) notes about what issues are most important to which coworkers. Once you see patterns emerge, it will help you build confidence to approach other coworkers.
Depending on your work relationships, you may be able to skip all the façade of relational-enrichment and directly address concerns about wages or working conditions one-on-one with your coworkers.
But don’t ever forget: you can and will get fired if your boss finds out you’re trying to organize. They’re watching, and they’re watching extra-closely if you’ve transitioned to remote work.
If you’re going to organize, you’ll have to do some legit spy-work. Code words. Snail mail. False-flag tweets about how happy you are at work. Keep all conversations about organizing off of work-provided devices and accounts, outside of office hours, and far, far away from your boss’ bat-ears.
How do we pick a union to work with?
When choosing a union, the most important part is to trust your gut. The labor movement is decentralized, which means each union—and each union local—has its own culture of participation. Some unions are very aggressive and do a lot of direct action. Other unions have long-standing personal relationships with decision-makers. Some unions are very focused on more money in paychecks, while other unions focus almost exclusively on working conditions. Similar to choosing a life partner, knowing what you want is the first step to finding the right fit.
At the end of the day, a union is not much more than a contract between employees and their employer. Union staffers research, write, negotiate, and maintain your employment contract. Unions are determined by industry because they grow expertise in contract writing. Unions that have done a lot of contract writing in your industry are more attuned to your specific needs and they have a wheelhouse of solutions that help you get what you want out of your contract.
As I see it, repro workers usually fit within, but are not limited to, one of these unions:
The AFL-CIO has a list of all their affiliates, and there are also a slew of unaffiliated unions you can join. The Industrial Workers of the World advocate for “One Big Union for All.” Sometimes, unions adopt new industries into their membership as they adapt to changing economies. For example, the first unionized Yoga Teachers were technically Machinists. Really, there are no rules.
While industry knowledge is important to consider, so are shared values. Some unionists are anti-abortion, misogynistic, and patriarchal. Many unions are too-large to be busied by small bargaining units, and you may not get the attention or direction you deserve, which can undermine your success. On the other hand, those very large unions often come with a lot of power, influence, and money.
You want to find a union that knows their stuff, can support you and your coworkers and isn’t too busy for you. Trust your gut.
Can any workplace unionize, even if we are small? We have a fiscal sponsor, how do we unionize in that environment?
Any workplace can unionize, but you do need at least two people to form a union. Bargaining units are usually determined by two factors:
Job description: all people who have similar duties at work are in the same bargaining unit.
Supervisory status: people who are supervised (or paid) by the same people can be in the same bargaining unit.
If your job description is very different from everyone else you work with it could be a huge barrier to getting a union contract. You can still do it, but you’ll have to get creative and stay persistent in the face of rejection.
To win your election, you need at least 50% of your bargaining unit to vote UNION YES, and you don’t have to include every corner of your clinic or office to form a union. As a general rule, for every 10 people in your bargaining unit, you need 1 dedicated person in your organizing committee.
It should be expected that your employer will challenge—in court—whether or not certain employees are valid members of the bargaining unit after a union election is won. They base their claims on things like the number of weekly hours, salary brackets, and role distinction; “they knock on doors but you do facilitation.”
If your organization uses a fiscal sponsor, is an affiliate of a national organization, or has different branches for the c3 and c4 work, you can figure out who actually employs you by looking at your pay stub, W4, or W2. There is an Employer Identification Number (EIN), which you can search online to determine who you’re really negotiating with.
If you’re already under a contract (like an independent contractor, campaign worker, or if your job had an end date when you accepted it), then you might not be able to unionize in a traditional sense, but you can still become a “Wobbly”, join industry-wide unions, form alliances, and innovate other types of organized leverage-building.
How can we keep the unionizing momentum going with high staff turnover?
If you have high staff turnover, you’ll need to think of your campaign as a 100-yard-dash rather than a marathon. Workplaces can have up to a year of tiptoeing around before they organize, but once the campaign goes public it is always the same sprint to the finish line. Your finish line just needs to be closer to the start. Graduate employee unions are particularly good at this, and are often very happy to discuss their tactics and strategies; never hesitate in reaching out to other locals who have organized under similar circumstances.
When you’re shopping around for unions to represent you, ask them how they handle high employee turnover. They should give you two answers:
The organizer should provide samples of solutions to the core issues which cause a high turnover in the first place
The union should offer to send you paid union workers (or provide you funds to pay local organizers) which will increase your capacity for a high-velocity organizing drive.
Organizing drives are really exciting, but they’re also exhausting. Ask the union to provide you with per diems to purchase morale-boosting and life-sustaining supplies like granola bars and coffee. Ask your union how the miniVAN or other databases can help you track and communicate your data during these high-intensity organizing times. Find a good babysitter so prospective members and other employees have the freedom to make house visits, track down friends from work, and make phone calls. Get a lot of masks and hand sanitizer. Get emotionally prepared to be organizing.
You’ll likely be talking to everyone you work with, and every conversation has to end with a signed union card or letter of solidarity and support. You’re not “selling” anything, so don’t worry about being like a used car salesman when you focus on the close. You’re giving people an opportunity to invest in their future at work, but the opportunity only lasts a few days. If they walk away from your conversation without signing a union card, there’s a chance they’ll tell your boss what’s going on.
We won’t have enough time for slow layers of building trust and slow tidbits of information revealed. The entire organizing trajectory: from “Hi, my name is Emily, I work over there” to a “yeah, I agree! I wish we had more XYZ here,” and finishing out with “Exactly, that’s why we’re forming a union, will you join us by signing this card?” is in ONE conversation. SEIU does them in 15 minutes, so yes it can be done. Whichever union you choose for representation will train you for house visits in their own way.
Remember, if you lose or run out of time; you could be fired, so organize like your livelihood depends upon it.
Will you be burned out? Yes. But if you do it right, the team will have a second-wave of newly-fired-up workers who can come into leadership after recognition to ratify your first contract.
Where does middle management fit into unionizing? How can we (middle managers) provide support?
Good question! Form your own union and be a double-agent for the cause! Middle managers have a lot of power during a union organizing campaign, but you’ll also be entirely without protection or recourse if your boss retaliates against you, so secrecy is the name of the game yet again. You can, and likely will, get fired for standing in solidarity with your unionizing coworkers. Unfortunately, worker protections afforded during a union organizing campaign will not protect you, and it’s unlikely the union will go to bat for your job if you get fired for your good service.
The very best way middle management can support unionizing workers is by forming a union of your own. Managers deserve union representation too! But, the only rule is that you cannot be in the same bargaining unit as people you supervise. By organizing separately at the same time, it is an immense amount of added pressure to leadership, and you’re both more likely to win big during ratification.
If you’re willing to stick your neck out, but not ready to unionize, you can be helpful by writing letters to the editor, getting signatures on a letter of solidarity and support that you deliver to leadership, and sending messages to donors and patients. Praise the unionizing workers every chance you get. Confirm in the public eye that they’re good employees and tell everyone you know that you think it’s really great they’re getting organized. Commit to the union you’ll walk out, too just in case it comes to that.
Union-busting activities are usually placed upon the shoulders of direct supervisors. You can refuse to distribute anti-union literature if you’re asked to do so. You may be given a script to stick to when talking about “The Union.” Never hesitate to report anti-union activities to the National Labor Relations Board and your state’s Labor Board, because disparaging union organizing at work is illegal.
Standing in solidarity with your unionizing coworkers means refusing to do the dirty work of the oppressors. Leadership often makes middle managers feel like they’re above, separate, or different than those they supervise. Don’t let them feed your ego or cloud your vision. Divest from the boss in your head, and always always always follow the lead and direction of the unionizing workers’ organizing committee before taking on any radical efforts of your own.
You may not be “The Boss,” but you are “a boss,” so don’t forget to unpack your privileges and believe the workers when they spill tea. You may be privy to privileged information like salary lists, records of performance reviews, or contact information. You may also get privileged information in closed-door meetings or leadership retreats. Don’t underestimate how important this information is for coordinating the unionizing campaign and garnering leverage. Offer to share what you know.
I always say unionizing is spy-work and you are in a special position to be a very, very effective spy. Tread lightly and stand in solidarity with your coworkers.