represent both employees and employers
Almost six million professionals benefit from the ability to form unions to negotiate with their employers over their pay, benefits and working conditions, including doctors, nurses, teachers, lawyers, research scientists, engineers, performers, technicians, administrative professionals and many more in hundreds of occupations. These professionals customize their contracts and negotiate on behalf of their entire group, ensuring the rights of everyone involved in a profession is protected.
One of the most well-known benefits of a union is that they are responsible for many of the workplace standards and protections workers enjoy today, such as the minimum wage, social security payments, eight hour workdays and weekends, overtime pay and enforcing Occupational Safety and Health Act safety standards. Unions can also provide support for individual members when they are going through disciplinary hearings with their employer, as they have the power to represent them in negotiations and may be able to block inappropriate disciplinary actions by their boss.
When workers want to organize, they file a petition with the National Labor Relations Board or a similar federal agency that is tasked with protecting workers’ rights to collective bargaining. Then, if at least 30% of the eligible workers sign union authorization cards, an election is conducted by the agency. If a majority of employees vote to unionize, the agency certifies that the group is a valid union and the employer must then negotiate in good faith with the group. If an agreement is reached through negotiation, it’s called a collective bargaining agreement (CBA) and is in effect for a set period of time with the union monitoring to ensure the employer abides by its terms.
Do they represent both employees and employers?
If a CBA isn’t reached during the process, or if the employer refuses to negotiate, the union can strike. While some strikes are purely political, most are aimed at bringing attention to an issue that the employer is not willing to address, such as a lack of job security or health insurance coverage for retirees. Unions can be supported by the government in these situations and may receive state grants for their efforts, which helps them maintain a presence on the job site until the matter is resolved.
If a CBA is reached, the union will review it with all of its members and ask them to approve it in a democratic vote. If approved, the contract will be binding on both sides and can’t be changed by a single employee like a company handbook. In states where unions are legal, there are often “right-to-work” laws that allow workers to opt out of paying any portion of their dues toward the cost of collective bargaining. In these states, the NLRB or a state agency can investigate and bring charges against employers who violate workers’ rights. Those that do can face fines, back pay and other sanctions. In some cases, employers will try to delay the process by refusing to negotiate or by trying to decertify the union. However, the union can fight these tactics and win.
The relationship between mental health and employment law is another growing area of focus. Mental health conditions can impact an employee’s ability to work, and employers must make accommodations under human rights legislation. the employment lawyer toronto works with clients facing mental health challenges to secure appropriate accommodations and protect their employment rights. For employers, legal guidance is essential in developing compassionate, legally compliant policies that support mental wellness in the workplace.