W
HY
Unions
Matter
M
any people of faith and good will
want to support workers in their
efforts to improve wages, benefits
and working conditions, but they don’t understand why workers want to be represented by
unions. Young people especially may not even
understand what a union is and why many
workers are interested in forming unions.
All workers should have the right to form a
union without fear and harassment. Interfaith
Worker Justice believes that in general unions are
good for society. This does not mean that every
union is perfect or that every workplace needs a
union. But for those concerned about justice for
workers, it is important to understand why many
workers want to join unions, the union benefit
for workers, the role of unions in society and the
difficulties workers face in forming unions. It is
also important to build relationships with labor
unions in order to jointly push for shared values
of justice and dignity for workers, and to uphold
the rights of workers who choose to form unions.
Why Workers Join or Organize Unions
Workers want a voice in decisions
All workers want to be involved in decisions that affect their
lives, and yet many find themselves and their suggestions
routinely ignored or rejected. Many feel that they are denied
the right to talk and think when they enter the workplace.
Management, who controls their basic livelihood, discourages workers’ participation in the company decision-making
process. This is especially frustrating to workers regarding
issues such as the scheduling of hours, workloads and ways
to make the work more effective.
and house their families on their wages. And yet, too many
are forced to turn to soup kitchens and shelters for emergency help. Families should also have adequate income to
provide for their children’s education as well as their own
retirement years. Union wages improve and strengthen
working families’ communities.
Workers want comprehensive benefits
Unless (or until) the United States provides comprehensive
health care to all residents, workers must turn to the places
of employment to provide health insurance. Unfortunately,
Workers want a safe working environment
nearly 53 million people are without health insurance as of
Unions create safer working environments in two ways.
2009. Most of these uninsured are workers in low-wage jobs
They help to improve the conditions in which employees
and their family members. Over half of all nursing-home
work, which reduces injuries; secondly, they encourage
workers are without health insurance because it is either not
workers to report and seek care for the injuries that they sufoffered by their employer, or the co-payments are too high.
fer on the job. Unions help to correct the company’s priorities
Unions place a high priority on securing health insurance
so that the worker’s welfare and safety on the job are seen as
coverage for workers.
integral to the company rather than a
Workers want and deserve other benefits such as
liability to profits.
paid vacation, paid holidays and secure pensions.
Because there are so many dangerThese are benefits for which unions advocate. Although
We had no
ous jobs, workers form unions to protect
there are nonunionized workplaces that offer good benconsistent personnel
themselves. Farm workers form unions to
efits in industries that require limited amounts of trainpolicies. People were
reduce their exposure to pesticides, and
ing, a union is often the difference between having and
fired and there were no
to get drinking water and access to bathnot having benefits.
grievance procedures.
rooms in the field. Nursing home workNew people were
ers form unions to combat back injuries,
Workers want job security
hired and given more
frequently caused by chronic underAs companies outsource, downsize and shift from pervacation days than
staffing in nursing homes. Poultry workmanent to contingent employees, workers have grown
others. Everything was
ers form unions to address the repetitive
concerned about their job security. People want assurbased on who the
motion injuries that plague the industry.
ance that companies won’t outsource their job to some
supervisors liked.
When accidents do happen, workers
cheaper group, another state or even another country.
need to be able to report the injuries to
Unions can’t guarantee job security, but contracts negotithe company so they can receive treatment or Workers
ated by unions attempt to create some level of security in
Compensation. Unions give workers the voice they need to
every contract they negotiate.
report their injuries because union contracts help to ensure that
Workers who are not in unions or employed by the gova worker can’t be fired or denied compensation for a workernment are working “at will” – in other words, at the will of
place injury. This is especially important at dangerous jobs,
the employer. An employer can legally fire anyone for any
where occasional accidents are inevitable. An injured worker
reason so long as the reason isn’t in direct violation of a fedseems more like an obstacle than a human being to an employeral law regarding discrimination. Because an employer can
er that is more concerned with the bottom line than with workfire someone for virtually any reason, such as having a “bad
er welfare. Companies have a business incentive to find ways
attitude” or negligible tardiness, employees who work “at
to sever ties with injured workers rather than provide care and
will” have very little job security.
compensation so that an employee can go back to work.
Unions help to counteract this business pitfall by strengthening
Workers want fairness in the workplace
workers’ voices and creating clear regulations that the employWorkers want to know what the rules are, what the conseer must follow when confronted with injured employees.
quences are for breaking those rules and what the appeal
(grievance) process is for alleged rule violations. Some perWorkers want living wages
sonnel policies clearly outline them. Most don’t. Too often
Although wages are frequently not one of the first reasons
workers follow the policies while the employers do not.
cited by workers for forming a union, adequate pay is a
Without a personnel policy that acts as a binding contract,
reflection of the value a company places on its workforce.
or a union contract that makes the rules and procedures clear,
Workers need good wages to meet their families’ needs and
workers feel vulnerable to the whims of supervisors. Promotions,
live with dignity. All workers should be able to feed, clothe
raises, penalties and dismissals often feel random and unfair.
“
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Interfaith Worker Justice • Why Unions Matter
What is the union “benefit”?
Unionized workers have a voice
in the workplace
Unionized workers are more likely
to have health insurance
By helping secure a contract that outlines rules,
procedures and a structure for addressing workers’ concerns, unions provide a counterbalancing
power to management in the workplace. Workers
can't always secure everything they want, but
they are assured a more structured means for
addressing problems.
Union members are also more likely to have health plans
that include dental, prescriptions and eyeglass coverage.
In 2006, 80 percent of union workers in the private sector
had employer provided medical care benefits, compared
with the 49 percent of nonunion workers. Many unions
are fighting to preserve or establish affordable co-payments for health insurance. Unionized workers are more
likely to have short-term disability benefits, as well.
Unionized workers earn more money
and better benefits
Unionized workers are more likely
to have retirement benefits
According to the Bureau of Labor Statistics, in
2008 the union pay advantage was 22 percent
higher for all workers, and it is even larger for
people of color and women.
In 2008, most union members, 77 percent, have definedbenefit coverage plans, compared with only 20 percent of
non-union workers.
Union Representation Means Better Pay
Average Hourly Earnings by Occupations, 2006
$11.87
Cashiers
$8.11
Cleaners of Vehicles
and Equipment
$13.34
$8.87
$12.45
Cooks
$8.61
$11.91
Maids and Housekeeping
Cleaners
$9.06
Other Protective Service
Workers
$14.73
$9.65
Refuse and Recyclable
Material Collectors
$21.50
$9.12
$14.30
Waiters and Waitresses
$9.81
0
$5.00
Union Wage
$10.00
$15.00
$20.00
Non-Union Wage
Source: Barry T. Hirsch and David A. MacPherson, Union Membership and Earnings Data Book, BNA, 2007, forthcoming. Prepared by the AFL-CIO.
Interfaith Worker Justice • Why Unions Matter
3
Smithfield Foods Workers
Struggle 15 Years for
Union Representation
Smithfield Foods is the largest
hog killing and processing
plant in the world, and in
1994, workers at their North
Carolina Tar Heel plant
attempted to organize for
better wages and more safety
in the workplace. After 15
years, workers finally
approved a contract with the
United Food and Commercial
Workers (UFCW) in July
2009. Smithfield launched
such a dishonest and brutal
anti-union campaign that
courts ruled to throw out the
results of two elections in
1994 and 1997. Smithfield
employed tactics like spying
on workers’ union activities,
confiscating union materials,
threatening to fire workers
who voted for the union,
threatening to freeze wages
and to shut down the plant.
One employee was beaten by
Smithfield police on the day
of the 1997 election – tactics
which invalidated the union
elections. Workers were too
intimidated by Smithfield
Foods to vote honestly. After
a court ruling restricted the
communication that
Smithfield and the UFCW had
with the workers, a fair election was finally won for the
workers at the Tar Heel Plant.
4
When Workers
Want to Form a Union
Workers talk with one another
Workers don’t usually know that they
want a union. They just know they
are unhappy about working conditions. Frequently, workers seek to
change conditions by talking with
supervisors, participating in organized input groups or filing formal
complaints. Most workers who organize turn to unions only after they’ve
tried other means for gaining a legitimate voice in the workplace.
Contact is made with a union
The person who makes the initial contact with a union varies. Sometimes a
worker knows a friend who knows
someone in a union. Other times,
workers contact the local labor council to find out which union should be
contacted. In other settings, union
organizers are out, talking with workers in particular industries and come
across workers who want to organize
a union.
An organizing committee
is built
Because most workers don’t know
what unions are or do, unions build
an organizing committee to help educate them. If there is not enough interest in even forming an organizing
committee, it is probably not a place
where workers will vote for a union.
Cards are signed
In the U.S., the way workers indicate
to companies that they would like to
be represented by a union is by sign-
ing “an authorization card.” This card
authorizes the union to operate on the
workers’ behalf.
In most Canadian labor jurisdictions, if a majority of the workers in a
company sign authorization cards, the
company is required by law to negotiate a contract with that union.
In the United States, a company
may recognize the cards as indicating
the will of the workers and negotiate
with the union, which can be done as
a community-group supervised election. Or the company may choose to
have a government-supervised election. The former is referred to as
“majority sign up.” The latter is
referred to as “an NLRB election.”
NLRB stands for National Labor
Relations Board, the government
agency that oversees union elections.
At least 30 percent of the workers
must sign cards before the NLRB will
schedule an election.
An election is held
If the employer insists on an NLRB
election, there may well be delays
before the workers actually get to
vote. Many employers challenge who
is eligible to vote, claiming that certain workers shouldn’t be included in
the “bargaining unit.” Only after all
the challenges are resolved can the
workers actually vote. If more than 50
percent of the workers vote to be represented by the union, the company is
legally obligated to negotiate “in good
faith” with the union.
Interfaith Worker Justice • Why Unions Matter
Once a Union
is Formed
Negotiating a contract
Once the company recognizes the union
(via majority sign up) or the workers win
an NLRB election, the company and union
must negotiate a contract which spells out
terms of employment for those workers
eligible for the contract. Often the workers
elect their bargaining committee. Usually,
the union bargaining team is composed of
leaders from the organizing committee
and union representatives familiar with
contracts and bargaining.
Negotiating a contract is referred to as
collective bargaining. When relations
between unions and management are
decent, contracts can usually be agreed to
in a relatively short period of time – a few
days, a few weeks or at most, a few
months. Negotiations that drag on longer
than a few months usually do so because a
company does not want a contract.
Unfortunately, even after workers vote in
favor of forming a union, 52 percent of
their workplaces remain without a contract
a year later and 37 percent still lack a contract two years later.
Enforcing the contract
A union contract sets forth the terms of
employment and a grievance mechanism
for dealing with disagreements. A shop
steward is the person who assists workers
in filing grievances and using the grievance
process. The union has a legal obligation to
assist workers in the process. A shop steward is usually a worker who has special
training in understanding the contract.
Renewing the contract
Because contracts are for specific periods
of time, such as one year or three years,
the contract will “come up for renewal.”
For most union-management relations, this
is a fairly straightforward process. In other
situations, it can become contentious.
Interfaith Worker Justice • Why Unions Matter
What role do unions play in
U.S. society?
Advocating for Public Policy
Many union members have bumper stickers that say, “UNIONS – The
Folks that Brought You the Weekend” Well, it’s true. Many of the public policies we take for granted, such as prohibitions on child labor, the
eight-hour workday, social security, pension protections and the minimum wage were fought for and won by the labor movement and its
allies in the religious community.
As important as religious involvement is in public policy advocacy for
workers, progress can be achieved more effectively in partnership with a
strong labor movement. Workers, especially workers in low-wage jobs,
need a strong public policy voice that can counteract the powerful,
well-financed business interests that too often dominate public policy.
Currently, unions are advocating increases in the minimum wage,
health coverage for uninsured Americans, protections for social security,
labor law reform, stronger enforcement of the Occupational Safety and
Health Act and expanded protections for immigrant workers.
Raising the Wage Floor for All Workers
Union members gain higher wages through collective bargaining, a
process that creates a wage floor that benefits all workers, especially
workers in low-wage jobs. Frequently even nonunion employers raise
wages to retain good workers and to dissuade the rank and file – nonmanagement employees – from organizing.
Between the mid-‘40s and the early-‘70s, when labor unions were
at their strongest, real wages rose consistently. At the beginning of the
21st century, however, unions represent only 12 percent of the workforce. Their decline is clearly a contributing cause to the overall decline
of wages and benefits of all workers.
During the debates about bailing out the struggling American automobile industry, a plan for providing $14 billion in emergency loans to
the carmakers was scuttled after opponents in the U.S. Senate insisted
that unionized autoworkers must agree to massive pay and benefit
cuts. In the heated rhetoric of the day, the fault for the meltdown of
our economy was falsely attributed to “overpaid” unionized workers.
But in the real world, the divide between the rich and the rest of us has
become a gaping canyon, with income inequality higher than it has
been than at any point since the 1920s.
The economic program we need must create living-wage jobs that
allow workers to support themselves and their families in dignity, not in
poverty. Unions are not the problem, and they must be part of the
solution. Workers create wealth, and must be allowed a fair share of
what they create.
Challenging Gross Disparity of Wages
The ratio of Chief Executive Officer (CEO) pay to worker pay in the U.S.
is the most disproportionate of any industrialized nation in the world.
CEO pay in the U.S. was 344 times the average worker’s wages in
2008. By comparison, CEO pay in other industrialized countries is only
10 to 25 times that of the rank and file.
The salaries of CEOs in the U.S. are excessive because of a culture
of greed and the decline of unions. Union bargaining not only raises
the wage floor for average workers; it limits the excess of management’s salaries by decreasing the amount of money that may be used
for such. Thus, unions are one means by which to attain more equitable and just salaries.
5
Difficulties Faced by Workers
who Choose to Form Unions
U
nfortunately, U.S. workers face a very
hostile climate for organizing unions.
Workers who choose to organize for a
collective voice on the job are often viewed as
disloyal troublemakers. This is true even in
some religious institutions that claim to protect workers’ rights to organize.
According to a 2009 study by Kate
Bronfenbrenner, 53 percent of all working
Americans would vote to join a union if they
had the opportunity to do so without risking
their jobs. However, workers are afraid. The
weak laws alone are bad enough for those who
choose to organize but a sophisticated, multimillion dollar industry has developed to consult
and advise employers on how to oppose
unions. More than 80 percent of companies
faced with union organizing efforts hire help to
wage anti-union campaigns. No other industrialized nation has such a vibrant union-busting
industry or weaker labor protections.
Ex-union buster, Martin Jay Levitt outlines the kind of unsavory tactics used against
workers who want to unionize.
Union busting is a field populated by bullies
and built on deceit. A campaign against a
union is an assault on individuals and a war
on truth. As such, it is a war without honor.
The only way to bust a union is to lie, distort,
manipulate, threaten, and always, always
attack. The law does not hamper the process.
Rather it serves to suggest maneuvers and
define strategies. Each “union prevention”
campaign, as the wars are called, turns on a
combined strategy of disinformation and personal assaults. (from prologue of Confessions
of a Union Buster, 1993)
U.S. Labor law is dominated by the
National Labor Relations Act (NLRA) and the
Taft-Hartley amendments. The original
National Labor Relations Act was passed in
1935 to improve workers’ living standards by
increasing the power of unions. Over the
6
course of the next 65 years, the intent of the law
has been changed via amendments to the Act
and various judicial and administrative decisions that weaken the power of unions. The
Taft-Hartley amendments to the NLRA, passed
in 1947, strengthened managers’ abilities to
oppose unions. The amendments permitted the
employers to campaign against union representation as long as there was “no threat of reprisal
or force or promise of benefit.”
What happens to workers who
attempt to organize?
• Ninety-one percent of employers require
employees to attend a one on one meeting
with their supervisors where they are told
why unions are bad and why they should
vote against a union.
• Fifty-one percent of employers illegally
coerce union opposition through bribes and
favors.
• Thirty percent of employers illegally fire
pro-union employees.
• Forty-nine percent of employers threaten to
eliminate all workers’ jobs if they join
together in a union.
Most of this anti-union activity occurs after the
workers have signed cards indicating they
want to be represented by a union, and before
the official NLRB-supervised election. If the
point of an election is to determine what workers really want, then it would seem that both
sides – union and management – should be
able to present their cases fairly. But given the
laws, the anti-union campaigns, and the control that employers have over workers’ lives,
the cases are not presented evenly. In effect,
the time between signing cards and holding an
election appears to be a time to scare workers
into voting against unions.
Anti-union activities have become so
Interfaith Worker Justice • Why Unions Matter
prevalent that an initiative was introduced in
early 2006 by the 110th Congress to further
employees’ freedom to choose and pursue
union representation. The Employee Free
Choice Act, as the initiative is known, calls
for stronger penalties for violations of the
election process that occur between union
card signing and the NLRB-supervised election, mediation and arbitration for stalled
contract negotiations and union formation
through majority sign-up.
Whether there is an NLRB-supervised
election, card-check recognition or a community-sponsored election, the principles of fairness and respect for one another must be
maintained by all parties, employees and
employers alike.
After an election or card-check recognition, it is important for the union and management to negotiate a contract, a set of rules
and expectations regarding wages, working
conditions and other basic issues that sets
terms on which both sides can agree. The
contract is where employers and employees
differing perspectives get resolved.
According to the law, all parties must
bargain “in good faith.” Although it is difficult to prove that someone isn’t bargaining in
good faith, experience has shown that if
everyone really wants to negotiate a contract,
it can be done in a relatively short period of
time. When negotiations drag out for long
periods of time, it usually means that there
are irresolvable differences of opinion or that
management does not want a contract.
Because one key goal of unions is to negotiate
contracts, it is seldom unions that create long
delays. It is possible that a union would not
agree to a particular contract proposal.
If a union and management cannot come
to some agreement over a contract, union
members can vote to go on strike. In a strike,
workers withhold their labor for a certain
period of time in order to put pressure on the
company to negotiate a contract. During a
strike, workers lose their wages and are ineli-
Interfaith Worker Justice • Why Unions Matter
gible for public benefits such as unemployment insurance or food stamps (unless they
were previously eligible). Although much
publicized, strikes actually occur in only a
small percentage of contract negotiations. In
fact, most workers will only strike as a last
resort because of the burden it places on
themselves and their families.
Under the law, there are two different
kinds of strikes. One is an unfair labor practice strike, and the other is an economic
strike. For example, if a company fired three
union supporters for their union activities,
the union members could vote to go out on
strike. This would be an unfair labor practice
strike. If a company proposed reducing workers’ pay by $1 per hour, the workers might
vote to go on strike and it would be an economic strike.
Even though workers have the “right to
strike,” if they go out on an economic strike,
under the terms of current U.S. labor law
they can be permanently replaced. This right
to strike, but right to lose your job, is one of
the oddities of U.S. labor law. No other industrialized nation allows companies to permanently replace striking workers.
Though it is technically legal in the U.S.,
permanent replacement of striking workers is
not ethical. Most religious bodies in the U.S.
have publicly condemned the practice of permanently replacing striking workers because
it upsets the balance of power between
employees and employers.
Equally despicable is the practice of locking out workers before a contract can be settled. In a few situations, when workers
attempt to negotiate a contract, management
decides that things aren't going well and it
simply locks the doors and refuses to let the
workers in. Replacement workers are then
hired to take the place of the locked-out
workers. This practice, called a “lockout,” has
received little public attention, but is thoroughly outside the ethical principles outlined
by the various faith traditions.
7
What about....
What about union corruption?
Unions, like religious bodies, are made up of human beings with all their flaws
and frailties. There is some corruption in unions, as there is some within religious
bodies. And, wherever corruption or greed is uncovered, it must be cleaned up.
For that purpose, most unions have rigorous procedures to combat corruption.
When a local union is found to be corrupt, the national leadership will take over
control of the local until it can be cleaned up and an election of new leaders held.
As wrong as union corruption is, it is unfortunate that it receives so much front
page media attention in comparison to the important justice work done by unions
to raise wages, benefits and working conditions for workers in low wage jobs.
What about union violence?
When workers are locked out, their jobs moved overseas or their economic
livelihood threatened, it is understood that some people might respond with
anger. But violence is something all national labor leaders abhor. Across the
country, union members practice and preach nonviolence. And while there may
always be some workers who act out their anger, this is not the modus operandi
of unions.
When union-busting consultants want to denigrate unions they describe
them as violent and show photos of violence on a picket line. Violence is wrong,
whether it is workers on a picket line, security guards harassing picketers or
companies causing economic violence against workers.
What about racism and sexism?
Racism and sexism are sins shared by unions and the religious community. The
leaderships of the AFL-CIO and Change to Win hold as a key goal ensuring full
participation for all in work, in society and in unions. Although much still needs
to be done, the AFL-CIO has made significant progress in making its leadership
more closely reflect its membership. Part of this may be due to a change the AFLCIO made to its constitution meant to significantly develop the race and gender
diversity of its leadership. Upon its establishment in 2005, Change to Win instituted three positions on its leadership council specifically meant to further race
and gender diversity on the council.
Are unions really needed?
Maybe not, if the world were perfect and all employers were fair and honest.
But even if employers were perfect, workers might still want to organize.
Human beings have the God-given right to participate in decisions that
affect their lives. Workers care deeply about their jobs and want a voice in
workplace decisions.
We live in an economic society devoted more to the bottom-line than to
people. Most corporate decisions that hurt workers are not driven by malice,
but rather a desire to increase profits or compete in a very competitive global
market. In this changing economy, individual workers need an organized
voice to challenge the priorities of companies.
In our society, unions are the primary vehicles for worker representation.
Over the years, unions have proved themselves as advocates for justice in
society. Many workers view unions as advocates for justice now, and for the
future. As unions stand for justice in the workplace and the society at large,
the religious community should stand with them.
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Interfaith Worker Justice
1020 W. Bryn Mawr, 4th Fl.
Chicago, IL 60660-4627
Phone: (773) 728-8400
Fax: (773) 728-8409
www.iwj.org