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Commonly asked questions about organizing

 

QUESTIONS MOST COMMONLY ASKED
ABOUT A UNION ORGANIZING CAMPAIGN

About Legal Rights...

Dues, Fees & Contracts...

Strikes and the Union...

ABOUT LEGAL RIGHTS. . .
 

What rights do we have under the law to help form a union?

You have the right under Federal Law:

* To self-organization
* To form, join or assist labor organizations
* To bargain collectively through representatives of your own choosing
* To act together for the purposes of collective bargaining or other mutual aid or protection

 

How does the government protect my rights?

The National Labor Relations Board, an agency of the Federal Government, applies rules under federal law which are intended to keep employee's rights to organize into a union fair and honest. If an employer acts in such a way as to interfere with your right to help organize a union, charges can be filed against the company with the NLRB. Where appropriate, the NLRB provides remedies, such as reinstatement for employees fired for exercising their rights including back pay.

 

What steps will we follow to obtain our contract and become union members?

First - A majority of employees must sign cards authorizing the union to represent you in collective bargaining with your employer. Second - A petition can be filed with the NLRB requesting that secret ballot elections be held to certify that a majority of eligible workers want the union. Third - If a majority of employees vote in favor (YES) of the union, the NLRB will certify the union as the official bargaining representative and the employer must meet and bargain "in good faith" on the proposals that employees want in the contract.

 

What are examples of employer conduct that interferes with the rights of employees?

* Threatening loss of jobs or benefits by an employer or a union
* Misstating important facts by a union or an employer where the other party does not have a chance to reply
* Promising or granting promotions, pay raises, or other benefits to influence an employee's vote by a party capable of carrying out such promises
* An employer firing employees to discourage or encourage union activity

 

Is there a quicker way for us to gain the union as our bargaining representative?

Yes, if the company would agree to a "voluntary recognition", where the union and the company agree for an impartial third party to verify the union's claim that they have a majority of the employees signed on authorization cards. This is done through a "card check", in which only the impartial third party, who is not a company representative, sees the signed authorization cards.

 

Is it true that the union is run by "outsiders"?

YOU are the union; YOU elect your own Local and National officers. YOU run your own Local Union affairs. EVERY UWUA Local is autonomous. YOU elect your own negotiating committee; the National Union will provide you with skilled negotiators to assist you; YOU make the decisions on your own union contract; YOU choose your own stewards; YOU decide important policies and actions of your own union by a majority vote; YOU are the final vote of authority and decision in YOUR union. YOU are the union's real "Boss". ARE YOU AN OUTSIDER?

DUES, FEES & CONTRACTS . . .
 

Will we have to pay an initiation fee?

No. The UWUA will waive the initiation fee for ALL the employees on the payroll at the time the contract is accepted. This is done because of the extra effort you have unselfishly given in your struggle to win your NLRB election and negotiate your union contract. Only new employees will have to pay an initiation fee. Because. . . they will be deriving the same benefits that you have worked so hard to achieve.

 

How much are union dues?

Until a contract is approved by a majority vote, you do not pay one single cent! At the time that you vote on the contract, you will not only know what your dues will be, but also what improvements in wages and benefits have been negotiated on your behalf. Then you decide if those increases in wages and benefits are worth the amount of Union dues. The point to remember is no one pays a penny until you are working under the improvements and benefits of a Union contract. Dues are set by YOUR local union, not by the National UWUA.

 

What happens to the dues money paid to the Local Union?

A small part of the dues money goes to the National Union for staff, offices, research and publications. Some of this money also goes to a defense fund. The remainder is used by YOUR Local Union for office space and equipment, postage, legal fees, office supplies, printing costs, arbitration fees, legal fees, transportation, etc. . . THE MEMBERS HAVE TO APPROVE EVERY DOLLAR SPENT!

 

What about fees or assessments?

As stated in the National Constitution, Article VI, Section 5: Local Unions may establish monthly dues in any amount sufficient to adequately and efficiently operate their Local Union. No Local Union shall levy an assessment on its members without prior approval of the National Executive Committee.

 

You mention the National Constitution. If we wish, may we see a copy of it?

Yes, you may see a copy of it. Ask your Union Representative and we'll be glad to go over it with you.

 

When we win union certification, will the employer have to negotiate with us?

YES! Federal Law says that the employer must negotiate "in good faith."

 

What is the union contract?

A union contract is a document that is binding by law, negotiated with the employer, and provides for wage benefits, hours and general working conditions.

 

Who draws up our contract?

YOU DO! All the employees in the bargaining unit should contribute to the proposals. Some of the issues that have been expressed to us as being problem areas and/or areas that need improvements are (1) wages; (2) an effective grievance procedure; (3) job security; (4) scheduling; (5) shift differential; (6) weekend premium; (7) seniority rights; (8) layoff and recall protection.

STRIKES AND THE UNION. . .
 

Is there any limit to what we can ask for regarding wages or benefits?

No. Keep in mind, however, that what you ask for should be reasonable and justified.

 

Who will do the negotiating?

1. The employer and his labor relations representative.
2. An advisory committee elected by you along with your Local Union and National Union representatives.

 

Do we have to accept what has been negotiated?

NO! When negotiations progress to the point where the committee feels that the best agreement has been reached, a report is made to the membership. If the membership approves the results of the negotiations, the committee is then authorized to sign the agreement. If the membership rejects the results of the negotiations, it then votes upon a course of action to secure a satisfactory agreement. The National Union is a party to all collective bargaining contracts.

 

Can the union ever force us out on strike?

Definitely not! The only way a strike can occur is if you vote to go out on strike. Article IX, Section 1 of the National Constitution states that "No strike shall be called by any Local Union until the National Office is notified and the National President has given his sanction. Local Union Officers, before requesting strike approval from the National President, are required to have membership approval of such strike action." The National President will immediately attempt to settle the dispute between the Company and the Local Union.

 

What happens if some union or another Local Union goes out on strike?

Absolutely nothing! The employees at your facility would continue to work as normal. They would not have to go on strike in support of another union. But. . . as fellow trade unionists, we would hope that ALL union members would support a fellow union's strike by not crossing their picket lines.

 

What are the frequency of strikes?

Of all contracts negotiated nationwide each year, involving tens of thousands of people, only about 2% are involved in strike work stoppages. UWUA is proud of the fine contracts we have achieved through peaceful collective bargaining.

Chartered in August 1945, the Utility Workers Union of America is an AFL-CIO affiliated National Union with over 200 Locals nationwide.

We are a union of people working together to improve our job security, our standard of living, our working conditions, and our society in general.

The UWUA is men and women, young people just starting their career, and older people preparing for retirement. But whoever we are, wherever we came from, whatever our political view - we get together in cooperation and harmony in the UWUA.

A miracle? No. We get together because as working people we have a common purpose: to make this democratic union work constructively for us. There is strength in unity.
DON'T MAKE AN EXCUSE -
MAKE A DECISION
 

Give just a moment of thought to the long history of the trade union movement in this country and compare the days of the past with the here and now. Then look to the future. The big employers aren't getting any smaller, the rate of change isn't slowing, but it is opening up new kinds of jobs.

Think about the opportunity to join a union - about collective bargaining, about industrial democracy and peace, prosperity and security, and individual dignity on the job.

It's something to think about.

UWUA Color Logo
UW
UA
Have it your way!

Legal Rights

 

THE LAW
SAYS YOU HAVE A RIGHT
TO JOIN A UNION

Your Legal Rights
Protection from Employer Action
Enforcing Your Rights
What the National Labor Relations Act says

 

YOUR LEGAL RIGHTS

You have the legal right under Section 7 of the National Labor Relations Act to join or support a union and to:

1. Attend meetings and discuss joining a union.

2. Read, distribute, and discuss union literature (as long as you do this in non-work areas during non-work times, such as during breaks or lunch hours.)

3. Wear union buttons, T-shirts, stickers, hats, or other items on the job.

4. Sign a card asking your employer to recognize and bargain with the union.

5. Sign petitions or file grievances related to wages, hours, working conditions, and other job issues.

6. Ask other employees to support the union, to sign union cards or petitions, or to file grievances.

 

Secret Ballot Elections

To establish a union in a workplace, a majority of employees must express support for the union.

In most situations, the employees prove majority support through a secret-ballot election conducted by the National Labor Relations Board.

 

"Good Faith" Bargaining

After the union's election victory is officially certified by the National Labor Relations Board, your employer is legally required to negotiate in "good faith" with the union on a written contract covering wages, hours, and other working conditions.

PROTECTION FROM
EMPLOYER ACTION

Under Section 8 of the National Labor Relations Act, your employer cannot legally punish or discriminate against any worker because of union activity.

For example, your employer cannot legally do the following:

Threaten to or actually fire, lay off, discipline, harass, transfer, or reassign employees because they support the union.

Favor employees who don't support the union over those who do in promotions, job assignments, wages, hours, enforcement of rules, or any other working condition.

Promise employees a pay increase, promotion, benefit, or special favor if they oppose the union.

ENFORCING YOUR RIGHTS

Some employers try to prevent the workers from joining a union.

The best way to encourage your employer to recognize your union and negotiate a fair contract is to build a strong organization where you work.

If your employer violates the law, the union can help you file "unfair labor practice" charges with the National Labor Relations Board.

The Labor Board has the power - backed up by the federal courts - to order an employer to stop interfering with employee rights, to provide back pay, and to reverse any action taken against workers for union activity.

You can help protect your legal rights by:

Keeping written notes of any incidents in which company officials or supervisors threaten, harass, or punish workers because of union activity.

Immediately reporting any such incidents to your organizing committee and the union staff.

Your notes don't have to be worded a certain way, but you should include what was said or done, who was involved, where and when it happened, and the names of any witnesses.

THE
NATIONAL LABOR
LABOR RELATIONS ACT
SAYS:

Section 7: "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representation of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining . . ."

Section 8(a): "It shall be an unfair labor practice for an employer. . . to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7 . . .

 

 

 

 

 

 

 

 

UTILITY WORKERS UNION OF AMERICA
815 16th Street, N.W.
Washington, D.C. 20006
(202) 974-8200

Labor Day message from Alexis Herman, U.S. Secretary of Labor

 

A Labor Day message from The Honorable
Alexis M. Herman, U.S. Secretary of Labor

 

Labor Day is the one day when we stop to honor the work that has made our nation great. It is also a day to celebrate the accomplishments of America's Labor movement. Clearly millions of American workers have enjoyed higher wages, better benefits, more secure jobs and greater safety and fairness in the workplace thanks to America's trade unions.

The recent UPS - Teamsters settlement upheld the integrity of the collective bargaining process that was honored fairly by both sides. President Clinton and I firmly believed that the solutions to the dispute would be found at the table by both parties.

For four and a half years President Clinton has stood with you. Our Administration shares your commitment to bringing opportunity, prosperity and justice to every one of America's 130 million workers and their families. We have made significant strides since 1993. More than 12 million new jobs have been created, and real wages are finally showing a long-overdue increase. Unemployment is lower than it's been in two decades, inflation and interest rates are down, and budget deficits have been tamed.

We have raised the minimum wage by more than 20 percent, with the second installment taking effect today. And we did it without sacrificing jobs. We have made pensions and health care more portable. The Clinton administration has made taxes fairer, and put more money in the pockets of the working poor. And we are fighting to expand educational opportunities for all our people. We have strengthened health and safety laws, so that no worker has to sacrifice their life for their livelihood. We have fought to protect workers' rights to organize and bargain with their employers, and we stood firm against the TEAM ACT and efforts to weaken the National Labor Relations Board. As Congress debates comp time, we will continue to fight with you, for the workers' right to choose overtime.

Long before I became your Secretary of Labor, I worked with the AFL-CIO in my first job with Catholic Charities, to help young men from housing projects in my hometown of Mobile, Alabama, find apprenticeships and jobs at the nearby Ingalls Shipyard. I will never forget these young men, aching for the dignity of useful work. I learned that unions can be the most powerful force for positive change in poor and working class communities, helping people earn decent wages and gain self-respect. Although the old labor song tells us that "someday we will gain the victory," in our ever-changing economy, we must always fight for new victories in the wake of ever-new challenges. As we approach the 21st century, we must concentrate on five fundamental goals to build lasting prosperity for every American: Every American must be equipped with the education and skills to hold good jobs with rising incomes and good benefits throughout their lives. America's poor must be able to move from welfare rolls to payrolls. We must guarantee economic security for every American when they retire. Working conditions must be safe, healthy and fair, with equal opportunity for all.

Americans must be able to succeed at home and at work, because no one should have to choose between families they love and jobs they need.

This administration is firmly committed to these principles of decency and dignity, but you must remain in the forefront of this great march to justice. America needs your leadership.

As my great predecessor, Labor Secretary Frances Perkins said more than 60 years ago: "We can look forward confidently, if we all work together, to the time when there will be increased profits for industry with workers receiving fair wages and having better working conditions and with wage earners not haunted by the fear of job insecurity and old age want."

I am committed to working with America's unions so that we will see that day.

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September 2 - New all-union shopping web site announced

 

A new all-union shopping web site "goes live" Sept 1:
www.shopunionmade.org

The Union Label & Service Trades Dept. created the site to boost sales of union-made goods and services, particularly for the fall and winter holidays. ("Support Good Jobs: Buy Union!")

We need you to talk it up. To succeed, the site must take hold at the grassroots - with friends, coworkers, locals and family members sending it to each other and spreading the word.

Thanks, and let's make it happen!

September 16 - 2004 Marshall M. Hicks Memorial Scholarship winners!

 

2004 Marshall M. Hicks
Memorial Scholarship recipients

At the April 30, 2004 Council Meeting, the recipients of the 2004 Marshall M. Hicks Memorial Scholarship were honored and presented with their scholarships. This year's recipients were Seth Gray, son of Steve (Local 261-Greenville) and Patti Gray; and Kelli McCarrell, daughter of Barry (Local 101-Jackson) and Sherri McCarrell.

The Council wishes to congratulate Seth and Kelli on their achievements, and wish them well in the future.

April 20 - OM&C Contract ratified!

 

April 20, 2005

 

To all OM&C Union Members:

After holding a series of ratification meetings, the tentative agreement between the Utility Workers Union of America through its Michigan State Utility Workers Council and Consumers Energy has been ratified.

Sincerely,

/s/

Steven VanSlooten
President

September 7 - Marysville Ethanol agreement reached

 

On September 6, 2007, a ratification meeting was held with the 18 new union members at Marysville Ethanol (Local 254). The tentative agreement which was reached between the parties and effective until September 1, 2014, was ratified by 100% of the membership.

 

In Solidarity,

MSUWC Executive Board

Bulletins from previous years

 

Bulletins

2007:

September 7 - Marysville Ethanol agreement reached

2005:

April 20 - OM&C Contract ratified!

2004:

September 16 - 2004 Marshall M. Hicks Memorial Scholarship winners!
September 16 - 2006 Marshall M. Hicks Memorial Scholarship announcement and application

September 2 - New all-union shopping web site announced

July 29 - 2004 Inter-Union Gas Conference news and information
July 29 - UWUA Operation Family Reunion

April 12 - Watch your mail for an important survey!

April 1 - SB 612 passes the State Senate!
March 25 - SB 612 reported out of committee and passes in the State House!

February 27 - MCV contract ratification
January 15 - A change to our e-mail addresses

2003:

December 17 - How You Can Vote In Michigan's 2004 Democratic Presidential Caucus on February 7, 2004
October 30 - Senate Bill 612 passes!
October 6 - New Michigan drunk driving law & penalties

Ocrober 2 - Pictures from Lobby Day

September 29 - Correction to the Fall 2003 Council Communicator

September 17 - Testimony in support of the Appliance Service Program

September 12 - UWUA Filing of Comments on Hours of Service

August 27 - New E-mail addresses for the Council

July 23 - Anouncement of Appliance Service Program - Lobby Day

2002:

November 19 - Automated Meter Reads
November 19 - Update on our ASP work and the Public Service Commission order
February 8 - Links to latest arbitration awards

2001:

May 8 - 2001 Marshall Hicks Scholarships awarded
May 8 - Pictures from the May Council Meeting
February 20 - The latest Contract printing update

January 30 - UWUA wins Mohave case in precedent-setting ruling by PUC

January 26 - One more Contract printing update

January 26 - Election results of January Council Meeting

January 23 - National announces Nuclear Conference

January 23 - National awarded OSHA Harwood Training Grant

January 25-26 - Michigan State AFL-CIO 3rd Constitutional Convention and LaborSoft product presentation

January 11 - The very latest Contract printing update

2000:

December 19 - OM&C Mileage Rate for 2001
December 14 - Latest Contract printing update

October 3 - Update on printing of new Contract
August 31 - Printing of the new Contract
August 14 - Correction to Pension article in May/June newsletter
August 1 - May/June newsletter remailed
February 25 - Shaving and respirator use agreement
January 24 - Proposed gas deregulation amendments
January 24 - Testimony from John Ostrander, MSUWC Vice President, before the House Energy & Technology Committee on gas deregulation - January 20, 2000

1999:

November 17 - Suggestions for 2000 contract negotiations
November 17 - Bargaining 2000 Survey
August 24 - New Council officers

August 3 - Hazardous staking done by non-union contractors

April 12 - Grindley Family letter

1998:

December 4 - We are opposed! to the Senate passed utility deregulation bill SB 1340 in its current form (12/3/98)

December 2 - Commitment from the Company to support worker protections in deregulation bill

December 2 - Our revisions to deregulation bill
September 28 - Gas Agreement 1998

September 28 - Aetna Managed Care Alert

August 5 - Labor Day Parade coming soon!

June 23 - UWUA press release after the California Gas Deregulation Summit

May 8 - 1998 Marshall Hicks Scholarship recipients

April 27 - Job performance appraisal advisory

April 20 - A public safety message from the MSUWC

April 7 - "Take a look at the messenger" by Frank Garrison

April 7 - Workers Memorial Day announcement
March 3 - MSU Labor Law Update seminar
March 2 - Credit Unions are under attack by banks
February 2 - Energy Supply Fossil Plant job evaluation letter
February 2 - Consumer Alert on appliance service plans
January 27 - Workers compensation advisory
January 27 - A warning about furnace cleaning
January 26 - Michigan's Workers' Compensation System Is Now On The Web!

1997:

December 4 - FTC Decides To Keep "Made in USA" Label Simple, Honest, and American
November 25 - Gas T&S agreement
November 21 - Meter Reading homesite reporting and modem costs
November 21 - Flame resistant clothing arbitration update
November 18 - Asplundh aerial lifts
November 18 - Make-A-Wish request for business cards


November 17 -

The submission form for suggestions for the 2000 contract negotiations form is available here.


November 17 -

The "Bargaining 2000" survey is now available at our Web site. Click here to look at it. This is the same survey that was sent out to our members last month, so if you have already sent one in, there is no need to send in another one. To submit your survey, print it out and send it to us at the Council office. The address is:

Michigan State Utility Workers Council
110 W. Lenawee
Lansing, MI 48933


August 24 -

The Michigan State Utility Workers Council is pleased to announce that at a Council Meeting held on August 21, 1999, James L. Reilly was elected President.

Also, at an Executive Board meeting held August 23, 1999, Steven VanSlooten was appointed Executive Vice President and Thomas N. Stevenson, Sr., President of Local 150-Kalamazoo, as appointed part-time Vice President.


August 3 -

Recently there have been several explosions caused by natural gas getting into homes and businesses. These have been caused by underground contractors hitting Consumers Energy gas lines. We believe that some, if not all of these, are the result of Consumers Energy facilities being miss-marked by the non-union contractors who are now doing the MISS DIG locating for Consumers Energy. State Senator Dunaskiss has scheduled hearings in the Senate to address this problem. These hearings will be held in September when the Legislature returns from their summer break

In order for the Council to be effective in making the case that the contractors doing the staking are at fault, we need information. The best place to get this is from our employees. We are asking that if you go on any call that deals with a pulled service, broken gas main or hit electric facilities, caused by a mistake in the staking, that you print out this staking incident report and return it to the Council or to the Local Union. Each Local President has been sent a copy of this form if you need more. The more of these reports we have, the stronger our case will be. We also have meetings planed with other Legislators and with the Company to try and return this work to the bargaining unit. We will keep you informed on any progress that is made.

Thanks for your help.

 

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September 25 - Updated Marshall Hicks Scholarship information

 

2009 MARSHALL M. HICKS
MEMORIAL SCHOLARSHIP PROGRAM

In 1996 the delegate body of the Michigan State Utility Workers Council (MSUWC) established the Marshall M. Hicks Memorial Scholarship Program in memory of past Council and National President, Marshall M. Hicks.

Entry eligibility

High school seniors who are the son or daughter of a MSUWC active or retired member, and/or the son or daughter of an active member who died as a direct result of an on the job injury, can submit entry for the scholarships.

Year of eligibility

Students are eligible for entry into the scholarship drawing during the scholarship year that coincides with their graduation from high school, i.e., 2009 Scholarship/2009 Graduation.

How to enter

To be entered into the scholarship drawing, the student must submit a scholarship entry form to the MSUWC for the year of the scholarship/high school graduation by April 30, 2009.

Selection of award winners

Two recipients will be selected at the May meeting of the MSUWC by a blind drawing from all of the eligible entry forms submitted. Recipients and their immediate family will be invited to the September meeting of the MSUWC for the awards acknowledgement.

Amount of the award

Awards will be a one-time payment in the amount of $1000 and will be awarded to two (2) students, each year, as identified by the drawing.

Requirements for payment of the award

Recipients will receive the $1000 scholarship upon proof of acceptance and attendance at any university, college, or trade school, etc.

Click here for the Microsoft Word version of this document
Click here for the scholarship application, or click here to download the Microsoft Word version
Click here for past scholarship winners

January 27 - February and March Presidents' meeting information

 

PRESIDENTS' MEETING NOTICE
 
WHEN: Friday, February 20, 2009
  8:30 AM coffee and doughnuts
  9 AM Meeting
   
WHERE: Soaring Eagle Inn, Mt. Pleasant

WHEN: Friday, March 20, 2009
  8:30 AM coffee and doughnuts
  9 AM Meeting
   
WHERE: Soaring Eagle Inn, Mt. Pleasant
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