Right to Organize and Collective Bargaining
Under federal labor law, most workers have the right to come together and organize at the workplace for better working conditions. The National Labor Relations Act (NLRA) protects workers’ right to share information, sign petitions, and seek to improve working conditions by forming a union. Employers cannot retaliate against you for taking part in collective efforts to get better wages, a safer workplace, determining whether to have a union as a bargaining representative, and engaging in collective contract negotiations.
Employers and unions may not restrain or coerce employees who are exercising their rights under the National Labor Relations Act. In a unionized workplace, where a majority of workers vote to form a union, the employer and the union are obligated by law to bargain in good faith over terms and conditions of employment in order to reach an agreement.
How does it work?
To start the process of forming a union, you can contact a union organizer to help guide you. You can approach the organizations listed in the directory section of this guide to help connect you to one. Then, working alongside you and your co-workers, organizers will persuade at least a majority of workers to join the union, either through an election or voluntary recognition. If this is achieved, then you and your union can start to collectively bargain with your employer.
Visit the NLRB website[1] for more information on how to form a union. For general information you can call (844-762-6572). Download the Basic Steps to Forming a Union flyer[2] and other brochures available un multiple languages.
In the event that employers are not adhering to organizing rights protected under the National Labor Relations Act, you can contact the corresponding Regional Office to file an Unfair Labor Practice charge (ULP). In New York City there are two regional offices. Regional Office 02 covers Manhattan and the Bronx, while the Regional Office 29 covers Queens, Brooklyn and Staten Island:
Basic Steps to Forming a Union (NLRB.gov)
- Regional Office 02, Manhattan, NY
26 Federal Plaza, Ste 41-120
New York, NY 10278-0104
Tel: (212) 264-0300
Fax: (212) 264-2450
8:45am – 5:15pm ET - Regional Office 29 – Brooklyn, NY
One Metrotech Center, 20th Floor
Suite 2000, Brooklyn, NY 11201-3948
Tel: (718) 330-7713
Fax: (718) 330-7579
9:00am – 5:30pm ET
[1] See https://www.nlrb.gov/guidance/key-reference-materials/steps-for-filing-a-petition.
[2] See https://www.nlrb.gov/news-publications/publications/brochures.