How To Form a Union

All workers have the right to form or join a union. Section 7 of the National Labor Relations Act guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."

To form a union, workers must first organize themselves and build solidarity, or a sense of shared purpose. Some guiding questions might be:

What conditions or terms of employment do we wish to change?

These might include asking for higher wages, setting hours on a consistent schedule, and safety concerns.

What conditions do we wish to solidify in a contract?

This might include formalizing remote work agreements by adding them to the contract.

How might we address those issues?

Workers may first try other means to accomplish change in the workplace, such as circulating petitions and staging work actions, before deciding that a union is the best option.

What would be gained by forming a union?

A clear message is needed to share with other workers. Asking for a higher minimum wage, more sick time, or safer working conditions may be strong messages to promote the union to coworkers.

How many coworkers would be willing to join a union?

As a majority of workers will need to vote to join the union, organizing will be necessary to ensure a successful union drive. If there is interest, but others need to be encouraged to join, an organizer from an established union may be required.

Union Certification

If there are enough interested workers to form a union, they can then choose to organize. Once a majority of workers wants to form a union, they can select a union in one of two ways:

30% of workers can sign cards or a petition saying they want a union. The National Labor Relations Board (NLRB) will conduct an election; if a majority of those who vote choose the union, the NLRB will certify the union as the representative for collective bargaining.
An employer may voluntarily recognize a union based on evidence - typically signed union-authorization cards - that a majority of employees want it to represent them.

Once a union has been certified or recognized, the employer is required to bargain over terms and conditions of employment with the union to create a contract.

"How to Organize on the Job: A Handbook for Stewards." Pamphlet. Pile Drivers, Bridge, Wharf and Dock Builders Local Union no. 34, 1940-1945, Giacomo Patri Collection, LARC_0039, Labor Archives & Research Center, San Francisco State University.

National Labor Relations Act. National Labor Relations Board, 1935.