NLR Act:Rights of Employees    /    Unfair Labor Practices   

Your Rights Under the Law
 Violation of Your Rights     /    Violation Report

Joining together to gain respect and fairness in your workplace is the best way to secure the future of yourself and your family.  Wages, pensions, medical insurance, safety and skills enhancement are all improved when workers collectively bargain.  Individually we have very little power with the employers, but in a unified voice we can defend ourselves quite effectively.  Across the world, organized workers make more money, work in safer conditions and enjoy better benefits that workers who are not in a Union.

The Government of the United States of America enacted a Federal Law which protects and guarantees employees' rights to form a union. This statute is commonly referred to as the Taft-Hartley Act, or the National Labor Relations Act. Since the enactment of this law, millions and millions of employees have voted, through secret ballot elections conducted by our Federal Government, to form (join) a union to increase their wages, improve their benefits, better their working conditions and to obtain JUSTICE ON THE JOB ... SECURITY FOR THEIR FAMILIES.

For your information and reference, below is a portion of the Federal Law which protects and guarantees your rights to be represented by the IAM.

NATIONAL LABOR RELATIONS ACT

RIGHTS OF EMPLOYEES

Sec. 7. [§ 157.] 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, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) (section 158(a)(3) of this title).

UNFAIR LABOR PRACTICES

Sec. 8. [§ 158.1 (a) [Unfair labor practices by employer] It shall be an unfair labor practice for an employer- (1) to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 (section 157 of this title]; (2) to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it: Provided, That subject to rules and regulations made and published by the Board pursuant to section 6 [section 156 of this title], an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay; (3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization: Provided, That nothing in this Act (subchapter), or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in section 8(a) of this Act [in this subsection] as an unfair labor practice) to require as a condition of employment membership therein on or after the thirtieth day following the beginning of such employment or the effective date of such agreement, whichever is the later, (i) if such labor organization is the representative of the employees as provided in section 9(a) [section 159(a) of this title], in the appropriate collective-bargaining unit covered by such agreement when made, and (ii) unless following an election held as provided in section 9(e) (section 159(e) of this title] within one year preceding the effective date of such agreement, the Board shall have certified that at least a majority of the employees eligible to vote in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for non-membership in a labor organization

YOUR RIGHTS UNDER THE LAW

In more detail, Section 7 of this Federal Law means that your rights to do any of the following without fear of reprisal from the employer is PROTECTED and GUARANTEED by the Federal Government of the United States of America:

1. IT'S YOUR RIGHT to form a union for increased wages, improved benefits, better working conditions, security and protection. 
2. IT'S YOUR RIGHT to serve on the IAM Organizing Team. 
3. IT'S YOUR RIGHT to request your co-employees to assist or serve on the IAM Organizing Team. 
4. IT'S YOUR RIGHT to attend and take part in IAM meetings. 
5. IT'S YOUR RIGHT to invite your co-employees to attend and take part in IAM meetings. 
6. IT'S YOUR RIGHT to distribute IAM material on the employer's property during non-working time. 
7. IT'S YOUR RIGHT to request your co-employees to distribute IAM material on employer's property during non-working time. 
8. IT'S YOUR RIGHT to distribute IAM material away from the employer's property. 
9. IT'S YOUR RIGHT to join the IAM. 
10. IT'S YOUR RIGHT to invite your co-employees to join the IAM on the employer's property during non-working time. 
11. IT'S YOUR RIGHT to wear IAM material such as buttons, T-shirts, caps and jackets on the employer's property during working and non-working time provided such items or objects do not create a safety hazard. 
12. IT'S YOUR RIGHT to request your co-employees to wear IAM material such as buttons, T-shirts, caps and jackets. 
13. IT'S YOUR RIGHT to phone call your co-employees to discuss and encourage support for the IAM.
14. IT'S YOUR RIGHT to visit the homes of your co-employees to discuss and encourage support for the IAM. 
15. IT'S YOUR RIGHT to meet and discuss the IAM with your co- employees on the employer's property during non-working time provided same does not create a disturbance in the plant. 
16. IT'S YOUR RIGHT to vote YES to be represented by the IAM during the secret ballot election conducted by the Federal Government.
17. IT'S YOUR RIGHT to accept wage increases and other improved benefits and still vote YES for the IAM during the secret ballot elections conducted by the Federal Government. 
18. IT'S YOUR RIGHT to write, sign and distribute a letter supporting the IAM. 
19. IT'S YOUR RIGHT to sign letters and other informational material prepared by the IAM. 
20. IT'S YOUR RIGHT to ask questions during captive audience meetings conducted by the employer.
21. IT'S YOUR RIGHT to make positive IAM statements during captive audience meetings conducted by the company.

Although the above list is not all inclusive of your rights, hopefully it provides you with a general idea of what you can do without interference, restraint, or coercion from the employer. If you have questions regarding your rights, the IAM will furnish you with factual answers. If your employer prohibits you or your co-employees from exercising your rights, it may constitute an unfair labor practice. If this should happen, be sure to record the facts.

VIOLATIONS OF YOUR RIGHTS

In more detail, Section 8 of the Taft-Hartley (or National Labor Relations) Act protects the employees' legal rights. If the employer is violating Federal Law they can be found guilty. If management personnel (including foremen or supervisors of nay sort) do any of the following, it's a violation of your rights.

1. Attend any IAM meetings; park across the street from the meeting place to see which employees enter the meeting, or engage in any undercover activity which would indicate that the employees are being kept under surveillance to determine who is and who is not participating in the IAM program. 
2. Tell employees that the employer will fire or punish them if they engage in IAM activity. 
3. Lay off or discharge any employee for IAM activity. 
4. Grant employees wage increases or special concessions in order to persuade employees against being represented by the IAM. 
5. Bar employee IAM Organizing Team members from soliciting employee support and/or membership during non-working hours. 
6. Ask employees what they think about the IAM or an IAM representative. 
7. Ask employees how they intend to vote. 
8. Threaten employees with economic reprisal for participating in IAM activities. For example, threaten to move the facility or close the business, curtail operations or reduce employee benefits. 
9. Promise benefits to employees if they reject the IAM. 
10. Give financial support or other assistance to a union or to employees, regardless of whether or not they are supporting or opposing the IAM. 
11. Announce that the employer will not negotiate with the IAM. 
12. Tell employees that the employer (Boss) will fire or punish them if they engage in IAM activities. 
13. Ask employees whether or not they belong to the IAM or have signed an IAM Petition. 
14. Ask an employee, during the interview when he or she is being hired, about her affiliation with the IAM. 
15. Make anti-union statements or actions that might show preference for a non-union person.
16. Make distinctions between union and non-union employees when assigning overtime or desirable work. 
17. Transfer employees on the basis of their IAM affiliation or activity. 
18. Purposely team up non-union employees and keep them apart from those the employer may support the IAM. 
19. Choose employees to be laid off on the basis of weakening the IAM's strength or discouraging support for the IAM. 
20. Discriminate against IAM supporters when disciplining employees. 
21. By the nature of the work assignment, indicate that the employer would like to get rid of an employee because of the employee's IAM activity. 
22. Discipline IAM supporters for a particular action and permit non-union employees to go unpunished for the same action. 
23. Deviate from policy for the purpose of getting rid of an IAM supporter or member. 
24. Take actions that adversely affect an employee's job or any pay rate because of IAM activity. 
25. Become involved in arguments that may lead to a physical encounter with an employee over the question of being represented by the IAM. 
26. Threaten an IAM member or supporter through a third party. 
27. Threaten the employees or coerce them in an attempt to influence their vote. 
28. Promise employees a reward or a future benefit if they decide "no IAM". 
29. Tell employees overtime work (and premium pay) will be discontinued if they choose to be represented by the IAM. 
30. Say unionization will force bosses to lay off employees. 
31. Say unionization will take away vacations, bonuses, pensions, insurance, profit- sharing, or any other benefits and privileges presently enjoyed. 
32. Start a petition or circular against the IAM to encourage or take part in its circulation if started by employees. 
33. Urge employees to try to induce others to oppose the IAM. 
34. Visit the home of employees to urge them to reject the IAM. 
35. Make campaign speeches to assembled groups of employees on company time within the 24-hour period before the secret ballot election.

 VIOLATION REPORT 

If you would like to find out more about joining a Union or getting involved in organizing workers, please contact the District Union Hall at:

Phone:  (562) 437-7411    /    toll free (877) 595-9400
fax:  (562) 435-3886    /    E-mail: new.iam@verizon.net.

 

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