Organizing and Authorization Cards
Q: What is an authorization card?
A: An authorization card is a legal document authorizing union representation. It can be in the form of a card, petition or other document.
Q: What does it mean if I sign an authorization card?
A: It means you are turning your rights over to the union to act as your representative. Under current law, a union can try to use these cards to gain recognition as your representative without even giving you the opportunity to vote in a secret ballot election, if it obtains a majority of signed authorization cards. If a union obtains less than a majority but more than 30% of signed authorization cards, it can petition for an election.
Q: Is the authorization card legally binding?
A: The authorization card is a legally binding document that can grant a union the right to speak on your behalf. That is why it is important to always read the fine print on anything you are asked to sign.
Q: If there is a secret ballot election, is there a minimum number of employees that must vote in order to decide the outcome?
A: No. A majority of the employees that actually show up to vote will determine the outcome. If only 100 people vote, then only 51 need to vote yes. They would end up deciding for every other employee in the group.
Q: What is the Employee Free Choice Act (EFCA)?
A: It is a bill before Congress that is being pushed by CNA and other labor unions. Also known as “card check,” the bill would make it easier for unions to organize employees. If the EFCA is signed into law, unions would automatically become the representative of employees if they get signatures from a majority of employees. As a practical matter, the EFCA would do away with secret ballot elections.
Union Dues
Q: If the union becomes the bargaining representative, will I have to pay dues?
A: That could well happen. By law you cannot be forced to actually become a member of the union. However, the union can try to force the employer to agree to a “union security” provision that would require you to pay something to the union for its representation. If you don’t pay, the employer would be required to terminate your employment. These are sometimes called “agency fees” or “mandatory dues”. The specific dollar amount will depend on the union. Although union security provisions are not allowed in “right to work” states, California is not a “right to work” state.
Q: How is the amount of union dues established?
A: The union determines the amount of dues and fees, according to the terms of their Constitution and By-laws. CNA dues are 2.2% times base hourly pay per month, up to a maximum of slightly less than $100 per month.
Employee Rights
Q: If my employer is unionized, do I have a choice whether I’m part of the union?
A: If your job classification is part of a bargaining unit, you do not have a choice – you are represented by the union. You do not have an individual right to “opt out,” although you can choose not to formally become a union member.
Q: How can I express my opinion about whether or not I want to be represented by a union?
A: You have several options. You as an individual can make your opinions known whenever and wherever you and your coworkers gather for discussions of this type.
You can make a decision to sign an authorization card if you are in favor of having a union as your exclusive representative. You also have the right to choose not to sign an authorization card if you are not in favor of it.
If there is an election, you can vote for union representation or you can vote against it.
Q: Can I campaign against the union?
A: Yes. Non-supervisory employees have just as much right to campaign against a union as they would for the union.
Q: Can employees remove a union once it is voted in or recognized by card check?
A: Yes, but it is a very difficult process. A union cannot be removed (decertified) in the first year after they are voted in or recognized. If a contract is signed, the contract blocks decertification for its term (up to three years). If 30% of employees sign a decertification petition and file it between 120 to 90 days (healthcare only) prior to the contract expiration, the NLRB may hold another election. However, the union can block an election by filing unfair labor practice charges. Employees have to overcome all these roadblocks before they can vote on removing the union.
