In this episode, I sit down with Grace from the Student Researchers Union. We speak about a variety of issues, but the predominant topic at hand is the organization of graduate student researchers across the University of California. I’m a big fan of their movement, and frankly they are moving at a surprisingly fast pace. As I’m writing this, they are in the process of organizing an election after formally authorizing one.
There’s a lot of complicated laws and issues that go into making a union, but I figured I would take this opportunity to explain the very basics of this topic. Labor relations and unions in America are generally under the purview of the National Labor Relations Board, a Federal independent agency that enforces labor laws. If two or more people want to organize their workforce, any actions they take to start this process is legally protected.
Now, while the NLRB might oversee enforcement of labor law, they don’t directly oversee labor unions themselves. Many labor unions in America are a part of a larger organization called the AFL-CIO, the American Federation of Labor – Congress of Industrial Organizations. It oversees large unions and organizations, who in turn help manage and sponsor smaller labor unions. Sponsorship essentially means you are being offered the full support of the union, including legal and political support, but in exchange for this protection the members of a union receive they have to pay dues every year.
In order to join the AFL-CIO and become a real union, most groups find established unions to help guide them through the process. A preliminary vote called an “authorization” has to be conducted wherein members of the workforce indicate, either through a petition or through signing cards, indicate whether they are for or against formally unionizing. If 30% or more of the whole work force represented by that organization indicate they are in favor of a union, then the organization can have a formal election. If more than 50% of people who participate vote in favor of unionizing, then the process can officially begin and the NLRB starts the process of recognizing you as an official organization.
It’s pretty complicated, but if you do not want to pay dues and go through the challenges of organizing a formal union you are still protected! Even unofficial labor organizations can have some political power if you create a large enough collective. Unfortunately, your employer has no legal obligation to sit down to bargain with an unofficial collective. This drawback means you have less power by means of your organization, but it also means that by rallying a large group to support your movement you can still generate some power.
I know it’s all very complicated, but the basic things you need to know are –
- If you want to work towards organizing in your job, you are legally protected even if it will be expensive to pursue a lawsuit.
- If you want your employer to be legally obligated to negotiate, you need to formally organize into a real union. The downside of forming a real union is that it costs money, and students working part time jobs don’t have usually have a lot of money to spare.
- If you don’t want to pay, you don’t have to; the downside is that you won’t be as formally recognized unless you have a lot of social influence in your workforce.
Isaac Edejer 