HOW TO GET STARTED & WHAT TO EXPECT
Most unionization drives start as conversations between co-workers. Sometimes the spark is a simple, off-hand comment: "This place is nuts. We should have a union." Sometimes it's more dramatic, like a tirade from the boss or six weeks of long hours and no extra pay.
Once people get started thinking about having a union, the idea tends to stick around. If you're wondering if others feel the same, the best advice is to approach people you genuinely trust and bring up the subject in a roundabout way. Toss out a baited line and see what you get: "I bet this doesn't happen to the union guys at post-houses in New York or Hollywood."
Before you get too far along, you should speak with someone from the Guild. We have experts who can help you navigate the legal and strategic issues that any organizing campaign will undoubtedly face. Give us a call or an email and we 'll help get things moving.
What can we expect?
If the majority of a crew sincerely wants a Guild contract and is willing to participate in a campaign to secure one, they can absolutely prevail. There must be a firm commitment to succeed and the ability to focus on a progression of campaign objectives. Not only is success possible, it isn't that difficult to obtain.
EMPLOYEE ORGANIZING COMMITTEE
The first step and the backbone of a successful campaign is a strong employee organizing committee. These are the people who feel strongly enough about working under a union contract to motivate the rest of the crew during the tough times of the campaign and communicate information from various sources throughout the process.
Ideally, the organizing committee should be at least 10% of the crew and representing different classifications and shifts. The more people to shoulder the burden, the less the burden becomes. Organizing committee members motivate and communicate.
MAKING LISTS
Now that the employee Organizing Committee is in place it is time to start making lists. Initially, this entails constructing a complete crew list with phone numbers, email and home addresses. Throughout an organizing campaign it is imperative to be able to communicate with the crew quickly and easily.
Soon after the crew list is compiled information such as the specific job classifications and duties; the shifts and schedules each person has; whether the crew is staff or freelance; if the company is public or private; and who the clients are will be needed. The idea is to know everything we can up front and not get surprised later in the campaign by lack of information.
UNIT BUILDING
Throughout the entire campaign it is important to keep the lines of communication open. While talking to the crew (unit) about the Guild and the benefits of working under a union contract, the organizing committee will get an idea of where the rest of the bargaining stands on the issues and if support wavers during the process (see counter-campaign). The idea is to build up the support of the unit and to keep it strong. The responsibility of unit building lies not only with the organizing committee, but also with everyone on the crew who wants a union contract.
The concept is unit cohesion, to develop solidarity, maintain morale and communicate. If the employer mounts a counter-campaign, only together can the crew remain strong. Unit building must be maintained through both the organizing and negotiating phases of the campaign. A strong, motivated crew will prevail.
AUTHORIZATION CARDS
These are post-card sized forms authorizing Local 700 IATSE to represent employees for purposes of collective bargaining. It is important to understand that by signing a card, you should be committed to the organizing process and support it to its final conclusion.
The signing of authorization cards is a very significant part of the campaign. The cards confirm that a majority of the bargaining unit is committed to forming a union. While not a hard and fast rule, ideally, we like to see between 70 and 80 percent of the crew sign (see counter-campaign). While the EMPLOYER WILL NOT SEE WHO SIGNED THE CARDS, the employer will know how many cards were signed. The more cards we have, the stronger our message.
VOLUNTARY RECOGNITION
Once we have the cards, we usually contact the company to ask for voluntary recognition. The process for voluntary recognition involves a "card check" by a neutral party. A respected member of the community, a college professor or clergyman, for example, compares the employer-provided crew list to the signed authorization cards. 50% + 1 carries the day and the employer is legally obligated to negotiate.
UNIT DETERMINATION
Usually, the employer will refuse to voluntarily recognize the union. If this happens we petition the National Labor Relations Board (NLRB) to set a date for an election.
Along with the petition, we turn the authorization cards over to the NLRB. Soon after, usually a week to ten days, the NLRB will hold a Unit Determination Hearing to decide who gets to vote in the NLRB held election. This is where all that work making lists comes in. The Employer submits who they believe should be in the bargaining unit and the Guild submits who we believe should be included in the bargaining unit. The NLRB hears both sides and determines who should be included in the bargaining unit. Once the unit determination is made, the NLRB sets a date for the election. This is usually within 30 or 40 days of the Unit Determination Hearing. Only people working the classifications that are determined to be in the bargaining unit are eligible to vote in the election.
PREPARE FOR A UNION-BUSTING COUNTER-CAMPAIGN
Very few employers embrace the idea of unionization. Therefore, it is advisable to expect a counter-campaign. Usually run by outside "union busting" law firms who are retained specifically for the election, anti-union or "Vote No" campaigns can be very effective. Unless the crew has the solidarity and courage to outlast these attacks, the campaign can die between the NLRB hearing and the election.
Most "Vote No" campaigns follow a two-pronged approach - to instill fear of the unknown and to try to win back the trust of the crew. The fear tactics are the easiest to identify: the "Vote No" campaign typically emphasizes strikes and layoffs, corrupt "union bosses," and the fact that there are no guarantees when a contract is negotiated. The attempt to win back trust is a bit more complex: managers start talking about "open door" policies and telling the crew that they have "sent an important message" to the company. Managers will ask (and sometimes even beg) for "one more chance" to do right, and promise that "you can bring the union back in a year" should the company fail to make good.
"Vote No" campaigns are the company's attempt to divert attention away from certain topics (for example, the company's failure to pay overtime) and toward others that are more favorable toward the company (such as how much union dues will be). Don't be fooled - the promises they make during the "Vote No" campaign won't last for long once the election is over. If they really mean to do right by you, they can do it in a union contract where you'll be guaranteed that it won't be taken away.
THE NLRB ELECTION
While no one is required to vote, it is certainly in our best interest to have every single supporter vote. The bigger the win margin, the stronger message we send and the more leverage we have at the bargaining table.
On Election Day, agents of the NLRB arrive at the pre-determined time and place to set up a portable voting booth. The polls are open for a specific time and those crewmembers deemed appropriate at the unit determination hearing are entitled to cast their ballot.
Usually, the union and the employer will each provide observers from the crew (no direct supervisors or union officials). These observers are empowered by the NLRB to challenge any voter believed to be inappropriate. The NLRB seals and sets aside any challenged ballots. Once the polls are closed, a Board agent will count the ballots. All interested parties are entitled to witness the count. 50% + 1 of the ballots cast wins. If there are any challenged ballots and their number is enough to affect the outcome of the election, the NLRB seals all ballots and schedules a hearing to decide the eligibility of the challenged ballots. Once the status of the challenged ballots is determined, another count is taken and, again, 50% + 1 wins.
COLLECTIVE BARGAINING
After we win the election, the NLRB grants Local 700 IATSE recognition and issues a "certification of representation" to the union. The employer is then legally required to "negotiate in good faith" with the union. At this point, some or all of the organizing committee transitions into the Negotiating Committee. These individuals attend all bargaining sessions and keep their co-workers apprised of the negotiation progress. Continuous unit building during the negotiating phase is essential to maintain momentum and keep up pressure until the successful conclusion of our endeavor.
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