Why Unionize?

WILL THE COMPANY KNOW IF I SIGN A UNION CARD?

What Management Cannot Do During the Course of an Organizing Drive
You may find that the employer or others in management may try to influence your legally protected right to join the Union through fear, coercion, and intimidation. Under Federal Law, they are prohibited from interfering with your right to select a union as your "collective bargaining representative." Among the things that they are NOT permitted to do are:

• They cannot promise any benefits to employees to stay out of the Union.

• They cannot threaten the loss of jobs, income, benefits, or any other compensation you are now receiving if you do support the Union.

• They cannot threaten to fire you, or fire you because you support the Union.

• They cannot attend Union meetings.

• They cannot treat you differently because they think you are supporting the Union.

• They cannot transfer you because you are involved with the Union.

• They cannot take work away from you because you are supporting the Union.

• They cannot ask you about your opinion of the Union.

• They cannot ask you whether you are supporting the Union.

• They cannot ask you how you would vote if there were an election.

• They cannot ask you at the time you are hired whether or not you belong to a Union.

• They cannot help you withdraw from Union membership.

• They cannot tell you there will be a strike.

• They cannot tell you they will not deal with the Union.

The Card You Sign To Petition For Union Recognition Is Confidential. The Company Does Not See The Card, And Cannot Ask If You Have Signed One. This Is Protected By Federal Law.

5-900 Investigations of Showing of Interest

“An integral and essential element of the Board’s showing-of-interest rule is the nonlitigability of a petitioner’s evidence as to such interest. The Board reserves to itself the function of investigating such claims, and in its investigation it endeavors to keep the identity of the employees involved secret from the employer and other participating labor organizations. . . . The Board’s requirement that petitions be supported by a 30-percent showing of interest gives rise to no special obligation or right on the part of employers.’’ S. H. Kress & Co., 137 NLRB 1244, 1248–1249 (1962).

In keeping with these policies, a hearing officer is barred by the Board’s Rules and Regulations from producing the evidence of interest. Plains Cooperative Oil Mill, 123 NLRB 1709, 1711 (1959), and the Board refused to supply cards in response to a subpoena. Irving v. DiLapi, 600 F.2d 1027 (2d Cir. 1979). The manner, method, and procedure in determining the showing of interest is not for disclosure. Pacific Gas & Electric Co., 97 NLRB 1397 fn. 3 (1951). In Smith’s Food & Drug Centers, 320 NLRB 844 (1996), the Board, on review, found sufficient evidence of lack of a showing of interest to dismiss the petition without a remand to the Regional Director.

(http://www.nlrb.gov/nlrb/legal/manuals/outline_chap5.pdf)

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