California Employees’ Right to Organize a Union

labor unionUnion organization changed the lives of California workers decades ago. Arguably, it was the work of those early activists that propelled many of the working class into the middle class, providing them with opportunities to own their own homes and earn disposable income. Despite the heroic beginnings of the union movement, only 16% of today’s California workers carry union cards. If you are experiencing illegal employer actions to block your efforts to organize labor, you may wish to seek the counsel of a local labor attorney.

Dreams of Historic Union Organizers

Caesar Chavez famously fought for the rights of farmworkers, and Harry Bridges was on the front lines advocating for longshoremen. They, and others like them, organized strikes and other actions to improve working conditions and wages for American workers. Pat Brown endeavored to eliminate employers’ right to make employment decisions based on skin color. Anna Smith led demonstrations protesting the horrendous conditions during the depression.

Despite these gallant soldiers of the working class, union membership is in serious decline. Likewise, the median income of California workers has experienced a parallel decline, along with a drop in homeownership rates.

Starting a Union

Forming a union is within the rights of every American worker. Employees are allowed to discuss and push an agenda putting forth the ideas surrounding organizing as workers. If you wish to start the wheels turning, here are some important tips worth heeding:

  • Be aware of your rights, and have clear goals;
  • Create an organizing committee and gather information about the workplace structure, employee contact information, and facts about the employer’s union history;
  • Create a platform highlighting the issues you’d like to address;
  • Investigate local unions and determine which one is best for you;
  • Solicit input from a local union organizer;
  • Sign up a majority of workers quickly so elections can be held;
  • Signed cards are required to petition the labor board or the state for the ability to hold an election. This may take some weeks, so keep the fire burning:
  • Negotiate a bargaining contract with the employer.
  • Keep employees organized and motivated.

Employer Resistance to a Union

Despite state and federal laws permitting employees to organize in this fashion, many employers resist such movement. They may put a lot of money into a campaign to destroy organizer’s momentum. While they have every right to defend their position, employers may not:

  • Threaten organizers;
  • Limit free speech during employee breaks;
  • Make employment decisions based on union activity;
  • “Get even” with organizers in any way.

If Employer Retribution Occurs

If you are combating your employer for the rights of fellow workers, there is no need to give up the fight if your employer decides to play hardball. Is your employer seeking retribution against you because of your efforts? Is your job security being threatened? Are you being intimidated in any way in an effort to get you to back off? If so, know that your legal rights are being violated, and you may seek legal recourse. At Beck Law P.C., we back our clients when they are up against unfair business practices. If your company is in Sonoma County, Mendocino County or Lake County California, contact us today in Santa Rosa for a confidential consultation.

(image courtesy of Igor Ovsyannykov)

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and testimonials presented on www.californialaborandemploymentlaw.net or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California.