Unionizing 101

This information provided is not legal advice, it is simply meant to serve as a starting point of information for those who want to know what it takes to Unionize their workplace. You can access the full extent of NLRB Election Law on their website.

Internal Organizing

  • Internal Organizing is simply talking to coworkers who you trust about the possibility of forming a Union.

  • Internal Organizing is necessary but needs to be discreet and cautious. It should not be done on the clock.

  • Exercise great caution when communicating digitally (the wrong person WILL screenshot!)

  • Before you've gone public with the fact that you'll have a union election, your employer may be able to get away with more union busting tactics. That's why it's important to protect yourself and only talk to coworkers you trust!

50% + 1 Rule

  • While employers can voluntarily recognize a Union, it’s very rare. Most times, you will need to have a Union election in order to win collective bargaining rights. To get an election, you need at least 30% of employees to sign a Union Card or petition to show interest in forming a Union.

  • You need at least 50% + 1 Person (majority) to Vote Yes for a Union in order to win your Union election.

  • It's a good rule of thumb to have at least 70% of workers on board before officially starting the process. Why 70%? Because people change their mind, especially when the potential intimidation and union busting tactics of an employer begin once you've announced you're having a union election.

  • The 50% + 1 rule is from the NLRB in order to legally win a Union election.

  • You can view all rules and regulations on the NLRB’s website here. SEIU Local 513 will always follow the proper and current protocol outlined by the NLRB.

Next Steps

  1. Employees who want to Unionize meet with SEIU to discuss next steps.

  2. Employees who want to unionize sign a union membership card and provide it to SEIU.

  3. Once there are at least 30% of cards signed, SEIU submits a petition for a Union election to the NLRB.

  4. If a mail-in/virtual election is being conducted, the NLRB will mail out ballots to every eligible employee in the bargaining unit.

  5. All employees in the bargaining unit mail their completed ballots back to the NLRB.

  6. The NLRB counts the votes with the Employer and the Union present (typically via Zoom.)

  7. Hopefully - you win your election and now have a Union!