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Frequently Asked Questions
The following information was presented at the Organizing Seminar on Wednesday, August 11, 1999 during the Mid-Summer Meeting of the General Executive Board held at the Sheraton Chicago Hotel & Towers. The Seminar was presented by the Co-Directors of the Organizing Department, Daniel E. Di Tolla and Sandra England. If you have any questions about the following information, you should contact the IATSE Organizing Department.
TABLE OF CONTENTS
1. What is a Union Organizing Campaign?
2. What Your Employer May Not Do During an Organizing Drive
3. Questions From Employers to Employees
4. Report and Survey Forms
5. Organizing Target Preliminary Report
6. Organizing Target Follow-Up Report
7. Supervisory Status Questionnaire
8. Bargaining Letter
WHAT IS A UNION ORGANIZING CAMPAIGN?
When a group of employees working for an employer wish to pool their resources in order to give them greater leverage at the bargaining table for wages, working conditions and benefits, they do so by joining and participating in a union. The International Alliance of Theatrical Stage Employees (IATSE) is the largest union in North America representing "below the line" film and video technicians and artisans, stagehands, and other technical entertainment employees.
HOW DOES A UNION ORGANIZING CAMPAIGN WORK?
If you are interested in organizing into the IATSE, you will be asked to sign a "Union Authorization" card. The IATSE card can be used to gain recognition from the employer or to seek an election from the National Labor Relations Board (NLRB). Even if you are already a member of the Union, we still need for you to sign a card if you wish the Union to represent you.
If we collect signed authorization cards from a majority of the employees, we can go to the employer and ask for voluntary recognition. If the employer refuses to voluntarily recognize us, we can request that the employer have a neutral party, such as an arbitrator, inspect the cards to make sure that a majority of the employees have signed. The employer never gets to see who did or did not sign a card. We can also petition the NLRB to hold an election. However, this is the most time consuming of all the options outlined.
WHAT THE EMPLOYER MAY TELL YOU.
It is very likely that the employer or other management people will tell you that the IATSE will take you out on an immediate strike if the company refuses to recognize or bargain with it. This is absolutely untrue. We would not call a strike without a majority of employees agreeing that that is the action they want to follow.
WHY WOULD YOU WANT A UNION?
Different employees want union representation for different reasons.
Some want better wages. - - Some want better working conditions. - - Some want health insurance and retirement benefits. - - Some want the protection of an organization to represent them with the employer.
Without union representation, an employer can pay you anything they want, from minimum wage on up, there is no law that requires them to pay anything more than minimum wage.
Without union representation and a contract, an employer has no obligation to provide you with any benefits such as health care coverage or retirement benefits. For those of you who are working non-union, you know this is true now.
Without union representation you can be fired for any reason or no reason at all. The IATSE has been successful in negotiating contracts that provide good wages and benefits for the employees who are employed under the collective bargaining agreements. In addition there are representatives who, if you wish, can represent you in your problems with management. You do not have to confront the employer over their failure to properly pay you or fail to provide you with benefits under the contract.
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:
1. They cannot promise any benefits to employees to stay out of the Union.
2. They cannot threaten the loss of jobs, income, benefits, or any other compensation you are now receiving if you do support the Union.
3. They cannot threaten to fire you, or fire you because you support the Union.
4. They cannot attend Union meetings.
5. They cannot treat you differently because they think you are supporting the Union.
6. They cannot transfer you because you are involved with the Union.
7. They cannot take work away from you because you are supporting the Union.
8. They cannot ask you about your opinion of the Union.
9. They cannot ask you whether you are supporting the Union.
10. They cannot ask you how you would vote if there were an election.
11. They cannot ask you at the time you are hired whether or not you belong to a Union.
12. They cannot help you withdraw from Union membership.
13. They cannot tell you there will be a strike.
14. They cannot tell you they will not deal with the Union.
WHAT YOUR EMPLOYER MAY NOT DO DURING AN ORGANIZING DRIVE.
Under Section 8(a) of the National Labor Relations Act, there are a number of actions that your employer and/or supervisors may not engage in, which constitute unfair labor practices (ULPs). These restrictions on the employer's conduct are designed to protect and preserve your right to join a union under Section 7.
Section 8(a)(1) of the NLRA states that the employer may not: "Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed under Section 7."
Examples of 8(a)(1) violations include:
1. Threatening to fire for union or concerted activity.
2. Threatening to demote, reprimand, or punish in any way because of union activity.
3. Conducting anti-union interrogations.
4. Threatening to close or move the shop to escape the union.
5. Threatening loss of benefits if the employees vote for the union.
6. Promising benefits to employees in return for anti-union activities.
7. Interfering with communication among employees or with attempts to organize by such means as unduly restrictive solicitation rules.
8. Spying on union meetings.
9. Granting benefits or wage increases timed to defeat union organization.
10. Refusing to bargain in good faith with the union, once the union wins the election.
If you believe that your employer has committed any of these unfair labor practices, please contact us immediately.
QUESTIONS FROM EMPLOYERS TO THEIR EMPLOYEES THAT YOU MUST BE ABLE TO ANSWER.
The following are samples of flyers that we have seen in the past from employers. During an organizing drive, it is helpful to address this information with workers before the employer raises the questions. At any rate the organizer should have answers to these questions.
In determining whether a union is in your and your family's best interests, it may be useful to have IATSE or its supporters provide you with honest answers to the following questions:
1. Can the Union guarantee that I will get a wage increase as a result of collective bargaining?
2. Can the Union guarantee that we'll get wage rates it has negotiated in another contract? That we'll get paid overtime, in spite of the legal exemption for theatres?
3. Can the Union guarantee I won't lose anything I now have through collective bargaining?
4. Can the Union guarantee that we will keep all of our current benefits as a result of collective bargaining?
5. Could I be forced to join the Union and pay dues to keep my job?
6. Can the Union ensure my dues won't be increased in subsequent years; that there won't be any special assessments?
7. Can the Union guarantee it will be able to negotiate certain provisions in an contract that it has negotiated in other contracts?
8. Can the Union guarantee we will never have a strike?
9. Will the Union make up lost wages if I go on strike? What are the Union's strike benefits?
10. Can the Union guarantee I'll never be disciplined?
11. Can I be permanently replaced if we go on an economic strike over a contract?
12. Will I have to follow IATSE rules if I become a union member?
13. Is it true the Union can put me on trial and discipline me for violating Union rules?
14. Can I be fined for breaking Union rules?
15. Can we get rid of the Union at any time if we don't like the contract negotiated or for other reasons?
16. Can the Union guarantee I'll always have a job? That I will have guaranteed hours?
17. Can the Union guarantee we'll be able to transfer to other locations that have an IATSE contract? That I won't have to pay transfer fees? What is the transfer fee?
18. Can the Union guarantee it will change our work schedules or reduce weekend work?
19. Can the Union guarantee it won't restrict our job responsibilities? That it will increase staffing and reduce our workloads? That we will be able to work as little or as much overtime as we want?
20. Why has Union membership declined to 13.9% of the U.S. workforce (9.5% of the private sector workforce?).
RELY ON FACTS, NOT PROMISES WHEN YOU HAVE THE OPPORTUNITY TO VOTE.
HOW COULD I BE PERSONALLY AFFECTED IF IATSE WINS THE NATIONAL LABOR RELATIONS BOARD ELECTION?
If a majority of employees voting in the upcoming National Labor Relations Board election choose to be represented by the International Alliance of Theatrical Stage Employees (IATSE):
You would become a member of the Bargaining Unit.
All employees in the Bargaining Unit would be represented by IATSE. This means the Union would become your exclusive bargaining agent with the right to negotiate for your wages, benefits and working conditions.
IATSE would be your sole and exclusive agent even if you voted against it or felt strongly about your right to remain non-union.
As a member of the bargaining unit, wages, benefits, and working conditions would be set by the uncertain process of collective bargaining and, if a contract was settled, you would be covered by its terms even if they were not what you expected or wanted.v
If a union is certified as the exclusive bargaining agent, a company must deal with employees over wages, benefits, and working conditions. However, in IATSE contracts we have seen, the contracts set minimum wage scales and working conditions. An employee above the minimums would still need to negotiate directly with management.
You could be forced to become a union member to keep your job.
If the Employer and the Union agree to a union shop, all employees would be forced to become union members and pay initiation fees (unless waived by the Union for current employees) and dues to the Union as a mandatory condition of continued employment. This means the Union could insist that you be discharged for not paying union dues. Under a union shop agreement, new employees would be forced to join the Union within a set period of time after they start work, if they wish to keep their jobs.
It is our understanding that most IATSE contracts contain union shop agreements. Union shop is usually one of the first items that a union demands during negotiations.
You might want to ask yourself what the Union may be prepared to give up during negotiations for a union shop agreement. Also, ask yourself whether the Union might even call strike if the Employer refused to agree to a union shop.
Employees who refuse to become union members may fulfill the union shop obligation by paying the Union the cost of representation as a financial core member.
Your union financial obligations could be deducted from your pay, automatically, just like taxes.
Usually, a union's demand for checkoff accompanies its demand for union shop. A checkoff agreement obligates a company to honor employee directions to deduct union fees and monthly dues from an employee's paycheck and to send them directly to the union's headquarters.
Checkoff, like the union shop agreement, often becomes a bargaining chip during negotiations.
It is obvious why a union would want union shop and checkoff agreements in all of its contracts -forced membership and the automatic collection of the union's financial obligations.
AS YOU CONSIDER THE FACTS ABOUT AN EXCLUSIVE BARGAINING AGENT, UNION SHOP, AND CHECKOFF, PLEASE ASK YOURSELF:
Do I really want a union to be my exclusive agent?
Do I want union membership and/or payment of dues to be a condition of my continued employment?
Do I want union financial obligations automatically deducted from my pay?
IF YOUR ANSWER IS "NO", AND YOU WANT TO KEEP ALL OF YOUR OPTIONS OPEN, VOTE "NO" IN THE SECRET BALLOT ELECTION.
WHAT ABOUT STRIKES?
If the Union wins this election, we will negotiate. But if we can't reach an agreement after "good faith bargaining" that the Theatre finds acceptable, what happens? The Union could seek a strike (called an "economic strike") against the Company.
Let me make this very clear - the last thing I would want to see at the theatre is a strike on the part of any staff. However, the IA may suggest striking as a tactic in negotiation. This is a reality we all must face if the union is authorized in the election.
Everyone suffers when a strike is called - the Company, the employees, and the employees' families.
The employees lose out because they have no pay from the Company during the strike (although the salary of Union officials doesn't stop). Employees do not always have any strike benefits from the Union either.
Also, employees could lose their jobs. How? Although the Theatre could not fire strikers, it could hire someone to permanently replace them. If strikers were replaced, they would only be placed on a future reinstatement list for hire if other employees quit.
And remember, strikers are not allowed to go out and sign up for food stamps. They also would probably not be entitled to unemployment benefits. And what about your health benefits who will pay your insurance premiums?
Of course the Theatre suffers. We might have to postpone opening the show and add rehearsals, but if necessary, we could do it. One way or the other, the show would go on.
We're not saying a strike will occur if you vote for the union. But it won't be able to bargain and call one if you don't elect it.
TABLE OF CONTENTS
1. What is a Union Organizing Campaign?
2. What Your Employer May Not Do During an Organizing Drive
3. Questions From Employers to Employees
4. Report and Survey Forms
5. Organizing Target Preliminary Report
6. Organizing Target Follow-Up Report
7. Supervisory Status Questionnaire
8. Bargaining Letter
WHAT IS A UNION ORGANIZING CAMPAIGN?
When a group of employees working for an employer wish to pool their resources in order to give them greater leverage at the bargaining table for wages, working conditions and benefits, they do so by joining and participating in a union. The International Alliance of Theatrical Stage Employees (IATSE) is the largest union in North America representing "below the line" film and video technicians and artisans, stagehands, and other technical entertainment employees.
HOW DOES A UNION ORGANIZING CAMPAIGN WORK?
If you are interested in organizing into the IATSE, you will be asked to sign a "Union Authorization" card. The IATSE card can be used to gain recognition from the employer or to seek an election from the National Labor Relations Board (NLRB). Even if you are already a member of the Union, we still need for you to sign a card if you wish the Union to represent you.
If we collect signed authorization cards from a majority of the employees, we can go to the employer and ask for voluntary recognition. If the employer refuses to voluntarily recognize us, we can request that the employer have a neutral party, such as an arbitrator, inspect the cards to make sure that a majority of the employees have signed. The employer never gets to see who did or did not sign a card. We can also petition the NLRB to hold an election. However, this is the most time consuming of all the options outlined.
WHAT THE EMPLOYER MAY TELL YOU.
It is very likely that the employer or other management people will tell you that the IATSE will take you out on an immediate strike if the company refuses to recognize or bargain with it. This is absolutely untrue. We would not call a strike without a majority of employees agreeing that that is the action they want to follow.
WHY WOULD YOU WANT A UNION?
Different employees want union representation for different reasons.
Some want better wages. - - Some want better working conditions. - - Some want health insurance and retirement benefits. - - Some want the protection of an organization to represent them with the employer.
Without union representation, an employer can pay you anything they want, from minimum wage on up, there is no law that requires them to pay anything more than minimum wage.
Without union representation and a contract, an employer has no obligation to provide you with any benefits such as health care coverage or retirement benefits. For those of you who are working non-union, you know this is true now.
Without union representation you can be fired for any reason or no reason at all. The IATSE has been successful in negotiating contracts that provide good wages and benefits for the employees who are employed under the collective bargaining agreements. In addition there are representatives who, if you wish, can represent you in your problems with management. You do not have to confront the employer over their failure to properly pay you or fail to provide you with benefits under the contract.
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:
1. They cannot promise any benefits to employees to stay out of the Union.
2. They cannot threaten the loss of jobs, income, benefits, or any other compensation you are now receiving if you do support the Union.
3. They cannot threaten to fire you, or fire you because you support the Union.
4. They cannot attend Union meetings.
5. They cannot treat you differently because they think you are supporting the Union.
6. They cannot transfer you because you are involved with the Union.
7. They cannot take work away from you because you are supporting the Union.
8. They cannot ask you about your opinion of the Union.
9. They cannot ask you whether you are supporting the Union.
10. They cannot ask you how you would vote if there were an election.
11. They cannot ask you at the time you are hired whether or not you belong to a Union.
12. They cannot help you withdraw from Union membership.
13. They cannot tell you there will be a strike.
14. They cannot tell you they will not deal with the Union.
WHAT YOUR EMPLOYER MAY NOT DO DURING AN ORGANIZING DRIVE.
Under Section 8(a) of the National Labor Relations Act, there are a number of actions that your employer and/or supervisors may not engage in, which constitute unfair labor practices (ULPs). These restrictions on the employer's conduct are designed to protect and preserve your right to join a union under Section 7.
Section 8(a)(1) of the NLRA states that the employer may not: "Interfere with, restrain, or coerce employees in the exercise of the rights guaranteed under Section 7."
Examples of 8(a)(1) violations include:
1. Threatening to fire for union or concerted activity.
2. Threatening to demote, reprimand, or punish in any way because of union activity.
3. Conducting anti-union interrogations.
4. Threatening to close or move the shop to escape the union.
5. Threatening loss of benefits if the employees vote for the union.
6. Promising benefits to employees in return for anti-union activities.
7. Interfering with communication among employees or with attempts to organize by such means as unduly restrictive solicitation rules.
8. Spying on union meetings.
9. Granting benefits or wage increases timed to defeat union organization.
10. Refusing to bargain in good faith with the union, once the union wins the election.
If you believe that your employer has committed any of these unfair labor practices, please contact us immediately.
QUESTIONS FROM EMPLOYERS TO THEIR EMPLOYEES THAT YOU MUST BE ABLE TO ANSWER.
The following are samples of flyers that we have seen in the past from employers. During an organizing drive, it is helpful to address this information with workers before the employer raises the questions. At any rate the organizer should have answers to these questions.
In determining whether a union is in your and your family's best interests, it may be useful to have IATSE or its supporters provide you with honest answers to the following questions:
1. Can the Union guarantee that I will get a wage increase as a result of collective bargaining?
2. Can the Union guarantee that we'll get wage rates it has negotiated in another contract? That we'll get paid overtime, in spite of the legal exemption for theatres?
3. Can the Union guarantee I won't lose anything I now have through collective bargaining?
4. Can the Union guarantee that we will keep all of our current benefits as a result of collective bargaining?
5. Could I be forced to join the Union and pay dues to keep my job?
6. Can the Union ensure my dues won't be increased in subsequent years; that there won't be any special assessments?
7. Can the Union guarantee it will be able to negotiate certain provisions in an contract that it has negotiated in other contracts?
8. Can the Union guarantee we will never have a strike?
9. Will the Union make up lost wages if I go on strike? What are the Union's strike benefits?
10. Can the Union guarantee I'll never be disciplined?
11. Can I be permanently replaced if we go on an economic strike over a contract?
12. Will I have to follow IATSE rules if I become a union member?
13. Is it true the Union can put me on trial and discipline me for violating Union rules?
14. Can I be fined for breaking Union rules?
15. Can we get rid of the Union at any time if we don't like the contract negotiated or for other reasons?
16. Can the Union guarantee I'll always have a job? That I will have guaranteed hours?
17. Can the Union guarantee we'll be able to transfer to other locations that have an IATSE contract? That I won't have to pay transfer fees? What is the transfer fee?
18. Can the Union guarantee it will change our work schedules or reduce weekend work?
19. Can the Union guarantee it won't restrict our job responsibilities? That it will increase staffing and reduce our workloads? That we will be able to work as little or as much overtime as we want?
20. Why has Union membership declined to 13.9% of the U.S. workforce (9.5% of the private sector workforce?).
RELY ON FACTS, NOT PROMISES WHEN YOU HAVE THE OPPORTUNITY TO VOTE.
HOW COULD I BE PERSONALLY AFFECTED IF IATSE WINS THE NATIONAL LABOR RELATIONS BOARD ELECTION?
If a majority of employees voting in the upcoming National Labor Relations Board election choose to be represented by the International Alliance of Theatrical Stage Employees (IATSE):
You would become a member of the Bargaining Unit.
All employees in the Bargaining Unit would be represented by IATSE. This means the Union would become your exclusive bargaining agent with the right to negotiate for your wages, benefits and working conditions.
IATSE would be your sole and exclusive agent even if you voted against it or felt strongly about your right to remain non-union.
As a member of the bargaining unit, wages, benefits, and working conditions would be set by the uncertain process of collective bargaining and, if a contract was settled, you would be covered by its terms even if they were not what you expected or wanted.v
If a union is certified as the exclusive bargaining agent, a company must deal with employees over wages, benefits, and working conditions. However, in IATSE contracts we have seen, the contracts set minimum wage scales and working conditions. An employee above the minimums would still need to negotiate directly with management.
You could be forced to become a union member to keep your job.
If the Employer and the Union agree to a union shop, all employees would be forced to become union members and pay initiation fees (unless waived by the Union for current employees) and dues to the Union as a mandatory condition of continued employment. This means the Union could insist that you be discharged for not paying union dues. Under a union shop agreement, new employees would be forced to join the Union within a set period of time after they start work, if they wish to keep their jobs.
It is our understanding that most IATSE contracts contain union shop agreements. Union shop is usually one of the first items that a union demands during negotiations.
You might want to ask yourself what the Union may be prepared to give up during negotiations for a union shop agreement. Also, ask yourself whether the Union might even call strike if the Employer refused to agree to a union shop.
Employees who refuse to become union members may fulfill the union shop obligation by paying the Union the cost of representation as a financial core member.
Your union financial obligations could be deducted from your pay, automatically, just like taxes.
Usually, a union's demand for checkoff accompanies its demand for union shop. A checkoff agreement obligates a company to honor employee directions to deduct union fees and monthly dues from an employee's paycheck and to send them directly to the union's headquarters.
Checkoff, like the union shop agreement, often becomes a bargaining chip during negotiations.
It is obvious why a union would want union shop and checkoff agreements in all of its contracts -forced membership and the automatic collection of the union's financial obligations.
AS YOU CONSIDER THE FACTS ABOUT AN EXCLUSIVE BARGAINING AGENT, UNION SHOP, AND CHECKOFF, PLEASE ASK YOURSELF:
Do I really want a union to be my exclusive agent?
Do I want union membership and/or payment of dues to be a condition of my continued employment?
Do I want union financial obligations automatically deducted from my pay?
IF YOUR ANSWER IS "NO", AND YOU WANT TO KEEP ALL OF YOUR OPTIONS OPEN, VOTE "NO" IN THE SECRET BALLOT ELECTION.
WHAT ABOUT STRIKES?
If the Union wins this election, we will negotiate. But if we can't reach an agreement after "good faith bargaining" that the Theatre finds acceptable, what happens? The Union could seek a strike (called an "economic strike") against the Company.
Let me make this very clear - the last thing I would want to see at the theatre is a strike on the part of any staff. However, the IA may suggest striking as a tactic in negotiation. This is a reality we all must face if the union is authorized in the election.
Everyone suffers when a strike is called - the Company, the employees, and the employees' families.
The employees lose out because they have no pay from the Company during the strike (although the salary of Union officials doesn't stop). Employees do not always have any strike benefits from the Union either.
Also, employees could lose their jobs. How? Although the Theatre could not fire strikers, it could hire someone to permanently replace them. If strikers were replaced, they would only be placed on a future reinstatement list for hire if other employees quit.
And remember, strikers are not allowed to go out and sign up for food stamps. They also would probably not be entitled to unemployment benefits. And what about your health benefits who will pay your insurance premiums?
Of course the Theatre suffers. We might have to postpone opening the show and add rehearsals, but if necessary, we could do it. One way or the other, the show would go on.
We're not saying a strike will occur if you vote for the union. But it won't be able to bargain and call one if you don't elect it.
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