How does a union strike vote work? (2024)

FAQs

How does a union strike vote work? ›

A strike authorization vote does not necessarily mean a strike is about to happen or even that one will occur. However, once union leaders have a strike authorization from its members, they can decide if and when to launch a strike without talking to their members again.

Elections to certify or decertify a union as the bargaining representative of a unit of employees are decided by a majority of votes cast. Observers from all parties may choose to be present when ballots are counted.

An official strike is a work stoppage by union members that is endorsed by the union and that follows the legal requirements for striking, such as being voted on by a majority of union members. Workers engaging in official strikes have better protections against being fired as opposed to an unofficial strike.

What you need to know: A union strike must be voted on and approved by union members. Authorization of a strike by a union does not guarantee there will be a strike or work stoppage.

The most effective strike mandate vote has a high turnout (the proportion of members who vote) and a strong strike mandate (the proportion who vote yes). A high turnout together with a strong strike mandate sends a strong signal to the employer that we are serious about our proposals and positions.

It can also happen by a vote. In order for a vote to happen, the union will have to collect authorization cards from at least 30% of the bargaining unit.

The formula for determining the number of votes for each state is simple: each state gets two votes for its two US Senators, and then one more additional vote for each member it has in the House of Representatives.

Many courts have held that unions have the power to discipline their members. This discipline can include imposing a significant fine upon and then suing you to enforce the payment of the fine. If you wish to avoid consequences like that, you cannot remain a member of the union and cross the picket line.

A strike can last a single day or continue for an indefinite period of time. Union leadership will likely decide the length of the strike. Strikes vary in length (ranging from a day to an undefined period).

In most cases, workers who go on strike forgo their wages, a financial sacrifice in exchange for bargaining leverage. Unions typically supplement the lost wages to strikers via payments financed from a member-funded strike fund.

Can you lose your job if you go on strike? ›

Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. Such strikers can be neither discharged nor permanently replaced.

Union members can be disciplined by their union for crossing a picket line but unions may not discipline members if refusing to cross a picket line clearly violates the no-strike clause of the contract the covers the member in question. National Labor Relations Act Section 7 codified at 29 U.S.C. §157.

During a strike or lockout, picketing is not mandatory. However, workers who choose not to picket cannot return to work and will not receive any compensation from the union or the employer.

As much as some might hope that strike pay isn't taxable, strike pay is treated as taxable income at the federal level, according to Internal Revenue Service instructions and information from tax professionals.

Close to one-half of all strikes were successful, while 40 percent were failures.

How does a strike happen? For a strike to occur, a union or group of workers begins negotiations with an employer about the union members' terms and conditions. A threat of strike action is the primary weapon that the workers have. Workers walk off the job if collective demands are not met.

However, if the members of the bargaining unit reject the offer, then there is no agreement, and the union could decide to strike. Also, with or without a strike, if the parties are at “impasse,” the employer has the right to unilaterally implement its “last, best, and final” offer.

Ratifying the contract

The union holds a ratification meeting where employees ask questions and offer opinions on the tentative contract agreement. Individuals are then asked to vote on the tentative agreement, usually by secret ballot. A majority of votes determines if the contract is ratified (accepted) or rejected.

To start with a definition, the unionization process is:

The process of organizing the employees of a company into a labor union which will act as an intermediary between the employees and company management. In most cases it requires a majority vote of the employees to authorize a union.

If the majority of eligible voters choosing to cast ballots vote to approve the union, the union becomes the exclusive representative of all the employees in the bargaining unit for the purposes of collective bargaining with respect to wages, hours, or other conditions of employment.