Union workers, like any other employers, are entitled to workers’ compensation benefits if they are injured on the job. Union workers often have more rights and protections than traditional “at-will” employees, however, because they are subject to a collective bargaining agreement, which can impact workers’ compensation claims and benefits.
Full Answer
How can unions help workers in the United States?
Unions can, and do, use the following techniques: Push for minimum wage increases. Minimum wage increases the labor costs for employers using low-skilled workers. Increase the marginal productivity of its workers. This is often done through training. Support restrictions on imported goods through quotas and tariffs.
Why are unions bad for workers?
Unions also ensure that loyal and hardworking people have recourse when their employers get greedy. People who have earned raises through loyalty don’t deserve to be fired because they “make too much money.” Workers who are good union organizers are dangerous to management.
What do employers need to know about union organizing?
You must know what your rights are as an employer during union organizing under the National Labor Relations Act. There is a lot of information available about what employers CAN’T do to stop union organizing, but here are 30 things you CAN DO to help your employees remain union-free.
Do unions raise wages for nonunion workers?
Using statistical tools, the researchers found a pretty strong positive correlation: Where and when unions were strong, nonunion workers enjoyed higher wages. But there's a lot that could be going on here.
Who settles disputes between unions and employers?
The National Labor Relations Act provides a means through which employees represented by different unions with competing claims to certain disputed work can ask the Board to settle their dispute and assign the work to one or the other.
What is an unfair labor practice by the union?
An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). Examples of prohibited conduct by a union include: Restraining or coercing the employer or employees in exercising the rights provided by the NLRA.
What are some examples of unfair labor practices?
Examples include:Refusing to process a grievance because an employee is not a union member.Threatening an employee for filing a ULP charge.Refusing to negotiate in good faith with an agency.Calling, participating in, or supporting a strike, work stoppage, or slowdown.
Can you talk about unions at work?
Also, restrictions on your efforts to communicate with co-workers cannot be discriminatory. For example, your employer cannot prohibit you from talking about the union during working time if it permits you to talk about other non-work-related matters during working time.
What to do when your union is not helping you?
The National Labor Relations Board (NLRB) is a Federal agency that protects your right to join together with other employees to improve your wages and working conditions, with or without the help of a union. For assistance, please call: 1-844-762-NLRB (1-844-762-6572)
What can a union do for me?
Union members work together to negotiate and enforce a contract with management that guarantees the things you care about like decent raises, affordable health care, job security, and a stable schedule. Better workplaces and working conditions without the fear of retaliation.
What can I do if I feel I'm being treated unfairly at work?
If you are being treated unfairly in the workplace, there are a number of steps you can take in order to protect your rights:Document The Unfair Treatment. ... Report The Unfair Treatment. ... Stay Away From Social Media. ... Take Care Of Yourself. ... Contact An Experienced Lawyer.
How do I report unfair treatment at work?
If you are ready to report your employer's violation for unfair or discriminatory treatment, submit your complaint to your company's Human Resources Department.
Can my boss tell other employees about my suspension?
Yes, they can, but your employer still owes you a duty of trust and confidence. As such, although announcements about your suspension are allowed in principle, your employer should take care before making any such announcements, and any suggestion of guilt should be avoided.
What are disadvantages of unions?
Here are some of the downsides of labor unions.Unions do not provide representation for free. Unions aren't free. ... Unions may pit workers against companies. ... Union decisions may not always align with individual workers' wishes. ... Unions can discourage individuality. ... Unions can cause businesses to have to increase prices.
Is it hard to fire a union employee?
In a unionized environment, firing a union employee is rare, unless their conduct is egregious. Steps of progressive disciplinary action include oral notice of concerns, written warning, letter of expectation, mandatory corrective action plan and formal letters of reprimand prior to the actual termination.
Why do employers resist unions?
Unions represent the interests of workers and can help push for better pay and benefits. Businesses often oppose unions because they can interfere with their autonomy or affect them economically.
What is considered an unfair labor practice by unions under the Taft Hartley Act?
Taft-Hartley “made it an unfair labor practice for a union to induce employees to strike or stop work with the aim of getting their employer to cease doing business with another firm with which the real dispute existed.”
What is the difference between an unfair labor practice and a grievance?
The difference between a grievance and a ULP is that a grievance involves a violation of the collective bargaining agreement while a ULP involves a violation of Federal law. Both a grievance and an unfair labor practice charge can be filed simultaneously and pursued at the same time through separate avenues.
Why do people join unions?
Working people join unions to have some say over their jobs and their workplaces. Given the self-determination unions afford, it is no surprise that they are thriving in some of the companies, industries, and occupations undergoing the most change.
How do unions affect wages?
Research by EPI and other institutions shows this correlation is no accident. First, unions have strong positive effects not only on the wages of union workers but also on the wages of comparable nonunion workers, as unions set standards for entire industries and occupations (these union and nonunion wage boosts are explored in detail in the next section of this report). Second, unions make wages among occupations more equal because they give a larger wage boost to low- and middle-wage occupations than to high-wage occupations. Third, unions make wages of workers with similar characteristics more equal because of the standards unions set. Fourth, unions have historically been more likely to organize middle-wage than high-wage workers, which lowers inequality by closing gaps between, say, blue-collar and white-collar workers. Finally, the union wage boost is largest for low-wage workers and larger at the middle than at the highest wage levels, larger for black and Hispanic workers than for white workers, and larger for those with lower levels of education—wage increases for these groups help narrow wage inequalities. 16
What are the benefits of unions?
Unions provide a range of tangible benefits to their members, from contract and benefit administration and enforcement to legal services. These services cost money. While states generally have no jurisdiction over private-sector unions, the NLRA allows states to pass “right-to-work” (RTW) laws. 90 Contrary to their branding, these laws do nothing to boost workers’ chances of finding a job. Rather, right-to-work laws simply prohibit contracts that require all workers who benefit from union representation to help pay for these benefits. Specifically, RTW laws say unions can’t require nonunion members of a collective bargaining unit who don’t pay union dues to pay “fair share fees”—fees that cover the basic costs of representing employees in the workplace (but are not used for costs associated with union organizing or political activities).
What percentage of union workers are in retirement plans?
Ninety percent of union workers participate in a retirement plan (of any kind), compared with 75 percent of nonunion workers.
What does it mean to join a union?
Joining a union simply means that you and your colleagues have a say because you negotiate important elements of employment conditions together. That could mean securing wage increases, better access to health care, workplace safety enhancements, and more reasonable and predictable hours. Through collective bargaining negotiations, the union also works with management to develop a process for settling disputes that employees and their managers are unable to settle individually.
Why do unions make wages equal?
Second, unions make wages among occupations more equal because they give a larger wage boost to low- and middle-wage occupations than to high-wage occupations. Third, unions make wages of workers with similar characteristics more equal because of the standards unions set.
Why do people join together in the union?
Americans join together to change speed limits, school policy, laws governing gun ownership and drug possession and use, and more. And when Americans have wanted to make the economy fairer and more responsive to the needs of workers , they have traditionally joined together in unions to do so.
What are the duties of a union after a union is chosen?
After employees choose a union as a bargaining representative, the employer and union are required to meet at reasonable times to bargain in good faith about wages, hours, vacation time, insurance, safety practices and other mandatory subjects. Some managerial decisions such as subcontracting, relocation, and other operational changes may not be mandatory subjects of bargaining, but the employer must bargain about the decision's effects on unit employees.
What is the purpose of questioning employees about their union sympathies or activities?
Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act . Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks, ...
What happens if an agency finds that an impasse was not reached?
If the Agency finds that impasse was not reached, the employer will be asked to return to the bargaining table. In an extreme case, the NLRB may seek a federal court order to force the employer to bargain.
What are some examples of employer conduct that violates the law?
Examples of employer conduct that violates the law: Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity. Threatening to close the plant if employees select a union to represent them. Questioning employees about their union sympathies or activities in circumstances ...
How long does it take to pay union dues?
The NLRA allows employers and unions to enter into union-security agreements, which require all employees in a bargaining unit to become union members and begin paying union dues and fees within 30 days of being hired .
How many states have banned union security agreements?
27 states have banned union-security agreements by passing so-called "right to work" laws. In these states, it is up to each employee at a workplace to decide whether or not to join the union and pay dues, even though all workers are protected by the collective bargaining agreement negotiated by the union.
Why do employers transfer employees?
Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.
Why are unions important to the economy?
economy and the widening of income inequality. Unions provide a check against cavalier management, and they support a wage floor that makes it more likely that wages keep up with inflation.
How many members does the Washington Federation of State Employees have?
The Washington Federation of State Employees’ executive leader, Greg Devereux, recently told The Olympian’s and News Tribune’s reporter Walker Orenstein that WFSE has grown its membership from about 20,000 when he joined the organization in the 1994 to more than 43,000 represented workers today. The latter includes nearly 36,000 dues payers.
Has employee pay risen as a result of unionization?
There is no question that employee pay has risen as a result of unionization. There were exceptions — such as when Washington’s state-worker unions agreed to temporary pay cuts during the depth of the Great Recession.
Can you opt out of paying dues?
Under the law as it is applied today, workers can opt out of paying dues if they opt out of belonging to a union , but they remain on the hook for their so-called fair-share of costs for bargaining. That should not be an issue, but it is the target for interests angling to upend the law.
What are the rights of a unionized person in Ontario?
The Ontario Human Rights Code prohibits harassment and discrimination in employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. It also prohibits sexual harassment or sexual solicitation. The Human Rights Code applies to your employment even if you were unionized. If you have a claim because the employer has breached the Human Rights Code you could be entitled to lost income and additional damages.These additional damages are called ‘general damages’ and they are to compensate for injury to dignity, feelings and self-respect. If you have a human rights claim, you can file an application with the Human Rights Tribunal of Ontario or your union can file a grievance. You cannot do both. You have one year from the date of discrimination to commence the legal process about your human rights’ violation.
What happens if you have a claim because your employer has breached the Human Rights Code?
If you have a claim because the employer has breached the Human Rights Code you could be entitled to lost income and additional damages.These additional damages are called ‘general damages’ and they are to compensate for injury to dignity, feelings and self-respect.
What is a grievance under a collective agreement?
Instead, a unionized employee must generally file what is known as grievance under the Collective Agreement. The Union and the employer are the two parties to a Collective Agreement, so the Union has carriage rights of any grievances that are filed. Typically, this means that the Union decides whether to bring a grievance on behalf ...
Can a union file a grievance?
The Union may file a grievance for the employee. The Collective Agreement may have sections about notice or pay in lieu of notice if an employee is terminated without cause. If it does not, then the employee is entitled to the notice and payments set out in the ESA. The ESA sets out the minimum amount of notice or pay that an employer must provide ...
Can a unionized employee file a grievance on behalf of an employee?
If the Union has filed a grievance on behalf of an employee, the employee may be prohibited from asserting their rights elsewhere. Employment Standards Act ( ESA) If the employer failed to comply with the ESA, a unionized employee cannot bring a claim to the Ministry of Labour unless the Director of Employment Standards consents.
What employers can say during a union campaign
Let your employees know the company’s desire to maintain a direct connection with them, without making them feel threatened in any way during union organizing.
About the Author Walter Orechwa
Walter is IRI's Director of Digital Solutions and the founder of UnionProof & A Better Leader. As the creator of Union Proof Certification, Walter provides expert advice, highly effective employee communication resources and ongoing learning opportunities for Human Resources and Labor Relations professionals.
What is workers compensation settlement?
Workers Compensation Settlements. Workers compensation insurance provides a safety net for medical expenses and lost wages of those who get hurt on the job. But that doesn’t mean such workers have to accept whatever the insurance company offers. A workers compensation settlement is a way you can negotiate the immediate payment ...
How Is a Settlement Calculated for Workers Compensation?
The formula for calculating a workers compensation settlement package involves four major factors:
What happens if you dispute a workers comp claim?
If your claim is disputed, a trial or workers comp hearing is time-consuming and risky. The judge or hearing officer may award you less money than the insurance company offered to settle your workers comp claim. Note: Workers comp settlements are entirely voluntary. You don’t have to agree to a settlement offer proposed by your employer ...
How long does it take to settle a workers comp case?
Short answer: It varies greatly. The Martindale-Nolo survey of readers turned up an average of 15.7 months to resolve a case, and less than 20% of cases are resolved in less than six months. Obviously, those who try to negotiate a better workers comp settlement may hire legal assistance to negotiate the best terms for a settlement or to bring a hearing if there is a disputed issued. This can be time consuming. However, a shorter time frame is not always better. Those actions that lengthen the process can also bring higher settlements.
Why do you settle a lump sum claim?
If you settle the claim, you can choose or change your physicians. However, if you have severe and complicated work-related injuries, you may not want to settle the medical portion of the claim because you can be entitled to medical benefits for your accident for the rest of your life. Some injuries are too complicated to take the risk that you will not have enough money through a settlement to meet your medical needs.
What happens if you don't receive temporary benefits?
If the injured worker did not receive temporary benefits for medical expenses and lost wages prior to the settlement, those variables will be included in a final agreement. Typically, however, settlement negotiations only involve workers who were permanently disabled.
How long does it take for a settlement to be approved?
Those actions that lengthen the process can also bring higher settlements. Once an agreement is reached, it can take four-to-eight weeks for money to arrive while settlement contracts are drafted, signed and approved.
Why do unions protect workers?
Unions protect all workers from getting fired. So many people are living paycheck-to-paycheck that having job protection can ensure that people don’t become homeless, lose access to healthcare, or suffer food insecurity. Forcing the bosses to establish just cause can be life-saving protection when we are all one or two paychecks away from disaster. And no one deserves to be out on the street because they aren’t perfect employees. Everyone makes mistakes, whether that’s being late for the bus, taking a long lunch, or forgetting an important task in their department. No matter how frustrating a coworker might be to work with, they still deserve a living wage and meaningful employment.
Why are unions important?
Unions also ensure that loyal and hardworking people have recourse when their employers get greedy. People who have earned raises through loyalty don’t deserve to be fired because they “make too much money.” Workers who are good union organizers are dangerous to management. Workers who are over-qualified, have a lot of experience, and who mentor younger people are dangerous too. They deserve to have their wages and jobs protected. Having a union–a body of fellow workers who can intervene before a worker gets fired or demand a worker get their job back–keeps the bosses in line.
Why should we stop thinking about unions?
We should stop thinking about unions from the boss’ perspective. The bosses love at-will employment, where they can fire anyone for any reason. Unions force bosses to establish just cause to fire someone, a very reasonable demand that unions make to employers. If the bosses can’t even get enough evidence to establish just cause, then that’s management’s fault and those workers probably aren’t that bad in the first place. At-will employment uses the threat of getting fired to keep us in line and keep us desperate. Don’t take the boss’ side against your fellow workers.
How much would non-union women's wages be higher?
For all nonunion female workers, their wages would be 2 to 3 percent higher. In sum, "union decline has cost nonunion workers billions in take home pay over the last few decades," said Jake Rosenfeld, an associate professor of sociology at Washington University and another co-author of the research.
What does Rosenfeld say about unions?
Rosenfeld noted that unions are currently helping to push for higher minimum wages and stronger overtime rules. "That's what unions do now," he said. "You can imagine their impact was even larger when organized labor was much stronger.".
What is the significance of the unionization period?
The significance of that period is that unions got walloped during it. The portion of American male workers in a union fell from 34 percent to 10 percent. For female workers, unionization went from 16 percent to 6 percent. So if there's a link between union strength and wages for nonunion workers, picking through this time period is one possible way to find it.
What was the wage increase for non-union women in 2013?
For nonunion female workers without a college degree, their wages would've been 2.1 percent higher in 2013, according to the mid-range. "Women were not as unionized as men in 1979," explained Jennifer Laird, a postdoctoral research scientist at Columbia University, and one of the study's co-authors, in a call with reporters. So nonunion women's wages were hit less hard by union's collapse.
Why do employers hike wages?
The researchers pointed to several possible reasons: Most obviously, if employers are in an industry or region with lots of unionized workers, they may have to hike pay just to avoid losing employees to better pastures.
Do unions leave non-unionized workers?
Critics have long held the opposite, arguing that while unions line members' pockets, they leave non-unionized workers with lower wages and fewer job prospects. But supporters counter that when unions strike bargains for their members, even non union workers benefit.
Does globalization affect wages?
But even globalization doesn't measure up to the loss of unions. "The erosion of unions on the wages of both union and nonunion workers is likely the largest single factor underlying wage stagnation and wage inequality," the study concluded.
