Examples of Your Rights Under the Law // Examples of Employer Violations
Examples of Your Rights Under the Law
The law protects and guarantees your rights to do any of the following without fear of reprisal from the employer:
• IT’S YOUR RIGHT to form a union and bargain for increased wages, improved benefits, better working conditions, security and protection.
• IT’S YOUR RIGHT to serve on the IAM Organizing Team.
• IT’S YOUR RIGHT to ask your coworkers to assist or serve on the IAM Organizing Team.
• IT’S YOUR RIGHT to attend and take part in IAM meetings.
• IT’S YOUR RIGHT to invite your coworkers to attend and take part in IAM meetings.
• IT’S YOUR RIGHT to distribute IAM material on the employer’s property during non-working time.
• IT’S YOUR RIGHT to ask your coworkers to distribute IAM material on employer’s property during non-work time and in non-work areas.
• IT’S YOUR RIGHT to distribute IAM material away from the employer’s property.
• IT’S YOUR RIGHT to join the IAM.
• IT’S YOUR RIGHT to invite your coworkers to join the IAM on the employer’s property during non-work times and in non-work areas.
• IT’S YOUR RIGHT to wear IAM buttons, T-shirts, caps and jackets on the employer’s property during working and non-working time. (Provided such items or objects do not create a safety hazard.)
• IT’S YOUR RIGHT to ask your coworkers to wear IAM materials.
• IT’S YOUR RIGHT to phone your coworkers to discuss and encourage support for the IAM.
• IT’S YOUR RIGHT to visit the homes of your coworkers to discuss and encourage support for the IAM.
• IT’S YOUR RIGHT to meet and discuss the IAM with your coworkers on the employer’s property during non-work time and in non-work areas. (Provided the meeting does not create a disturbance in the plant.)
• IT’S YOUR RIGHT to VOTE YES for the IAM during the secret ballot election conducted by the Federal Government.
• IT’S YOUR RIGHT to accept wage increases and other improved benefits and still VOTE YES for the IAM during the secret ballot elections conducted by the Federal Government.
• IT’S YOUR RIGHT to write, sign and distribute letters, flyers or petitions supporting the IAM.
• IT’S YOUR RIGHT to ask questions and take notes during captive audience meetings conducted by the employer.
• IT’S YOUR RIGHT to make supportive statements for the IAM during captive audience meetings conducted by the company.
The situations listed above are only examples.You have many more ways to assert your rights at work. If you have any questions please contact an IAM representative who will provide specific advice regarding your activities.
IMPORTANT! If your employer prohibits you or your coworkers from exercising your rights, it may constitute an Unfair Labor Practice.
If this should happen, be sure to write down the basic facts (who, what, where, when and witnesses) and discuss the incident with your IAM representative as soon as possible.
Examples of Employer Violations
Section 8 of the Act codifies your rights. Managers, supervisors and foremen are all considered employer representatives and are obligated to obey the law. Be forewarned, employer representatives will probably try to “rev up the rumor mill” rather than make incriminating statements directly to employees. If any employer representative does any of the following, it is a violation of law and you should get in touch with an IAM representative as soon as possible.
1. Attend IAM meetings.
2. Park across the street from the meeting place to see which employees enter the meeting, or engage in any undercover activity which would indicate that the employees are being kept under surveillance to determine who is and who is not participating in the IAM program.
3. Tell employees that the employer will fire or punish them if they engage in IAM activity.
4. Lay-off or discharge any employee for IAM activity.
5. Grant employees wage increases or special concessions in order to persuade employees against being represented by the IAM.
6. Bar employees from soliciting for the IAM (asking for support and/or membership) during non-working hours.
7. Ask employees what they think about the IAM or an IAM representative.
8. Ask employees how they intend to vote.
9. Threaten employees with economic reprisal for participating in IAM activities. For example, threaten to move the facility or close the business, curtail operations or reduce employee benefits.
10. Promise benefits to employees if they reject the IAM.
11. Give financial support or other assistance to a union or to employees, regardless of whether or not they are supporting or opposing the IAM.
12. Announce that the employer will not negotiate with the IAM.
13. Tell employees that they will be fired or punished if they engage in union activities.
14. Ask employees whether they belong to the IAM or have signed an IAM Petition.
15. Ask an employee, during the interview when they are being hired, about their affiliation with the IAM.
16. Make anti-union statements or actions that might show preference for a non-union person.
17. Make distinctions between union and non-union employees when assigning overtime or desirable work.
18. Transfer employees based on their IAM affiliation or activity.
19. Purposely team up non-union employees and keep them apart from those the employer may think support the IAM.
20. Select employees for lay off to discourage support for the IAM.
21. Discriminate against IAM supporters when disciplining employees.
22. Use work assignments to discriminate against IAM supporters.
23. Discipline IAM supporters for a particular action and permit non-union employees to go unpunished for the same action.
24. Deviate from policy to get rid of an IAM supporter or member.
25. Take actions that adversely affect an employee’s job or any pay rate because of IAM activity.
26. Engage in arguments to provoke a physical confrontation with an employee about the union.
27. Threaten an IAM member or supporter through a third party.
28. Threaten the employees or coerce them in an attempt to influence their vote.
29. Promise employees a reward or a future benefit if they vote “No.”
30. Tell employees overtime work (and premium pay) will be discontinued if they choose to be represented by the IAM.
31. Say unionization will cause employees to be laid off or fired.
32. Say that unionization will take away vacations, bonuses, pensions, insurance, profit sharing, or any other benefits and privileges presently enjoyed. (This is the “start from zero” threat.)
33. Start a petition or circular against the IAM or take part in its circulation if started by employees.
34. Urge employees to try to induce others to oppose the IAM.
35. Visit the home of employees to urge them to reject the IAM.
36. Make campaign speeches to assembled groups of employees on company time within the 24-hour period before the secret ballot election.