Your Legal Rights
Examples of Your Rights Under the Law // Examples of Employer Violations
Examples of Your Rights Under the Law
The law protects and guarantees your rights to do any of the
following without fear of reprisal from the employer:
• IT’S YOUR RIGHT to form a union and bargain for increased
wages, improved benefits, better working conditions, security
and protection.
• IT’S YOUR RIGHT to serve on the IAM Organizing Team.
• IT’S YOUR RIGHT to ask your coworkers to assist or serve on
the IAM Organizing Team.
• IT’S YOUR RIGHT to attend and take part in IAM meetings.
• IT’S YOUR RIGHT to invite your coworkers to attend and take
part in IAM meetings.
• IT’S YOUR RIGHT to distribute IAM material on the
employer’s property during non-working time.
• IT’S YOUR RIGHT to ask your coworkers to distribute IAM
material on employer’s property during non-work time and in
non-work areas.
• IT’S YOUR RIGHT to distribute IAM material away from the
employer’s property.
• IT’S YOUR RIGHT to join the IAM.
• IT’S YOUR RIGHT to invite your coworkers to join the IAM on
the employer’s property during non-work times and in non-work
areas.
• IT’S YOUR RIGHT to wear IAM buttons, T-shirts, caps and
jackets on the employer’s property during working and
non-working time. (Provided such items or objects do
not create a safety hazard.)
• IT’S YOUR RIGHT to ask your coworkers to wear IAM
materials.
• IT’S YOUR RIGHT to phone your coworkers to discuss and
encourage support for the IAM.
• IT’S YOUR RIGHT to visit the homes of your coworkers to
discuss and encourage support for the IAM.
• IT’S YOUR RIGHT to meet and discuss the IAM with your
coworkers on the employer’s property during non-work time and
in non-work areas. (Provided the meeting does not
create a disturbance in the plant.)
• IT’S YOUR RIGHT to VOTE YES for the IAM during the secret
ballot election conducted by the Federal Government.
• IT’S YOUR RIGHT to accept wage increases and other improved
benefits and still VOTE YES for the IAM during the secret
ballot elections conducted by the Federal Government.
• IT’S YOUR RIGHT to write, sign and distribute letters,
flyers or petitions supporting the IAM.
• IT’S YOUR RIGHT to ask questions and take notes during
captive audience meetings conducted by the employer.
• IT’S YOUR RIGHT to make supportive statements for the
IAM during captive audience meetings conducted by the
company.
The situations listed above are only examples.You have many more ways to assert your rights at work. If you have any questions please contact an IAM representative who will provide specific advice regarding your activities.
IMPORTANT! If your employer prohibits you or your coworkers
from exercising your rights, it may constitute an Unfair
Labor Practice.
If this should happen, be sure to write down the basic facts (who, what, where, when and witnesses) and discuss the incident with your IAM representative as soon as possible.
Examples of Employer Violations
Section 8 of the Act codifies your rights. Managers, supervisors and foremen are all considered employer representatives and are obligated to obey the law. Be forewarned, employer representatives will probably try to “rev up the rumor mill” rather than make incriminating statements directly to employees. If any employer representative does any of the following, it is a violation of law and you should get in touch with an IAM representative as soon as possible.
1. Attend IAM meetings.
2. Park across the street from the meeting place to see
which employees enter the meeting, or engage in any
undercover activity which would indicate that the employees
are being kept under surveillance to determine who is and who
is not participating in the IAM program.
3. Tell employees that the employer will fire or punish
them if they engage in IAM activity.
4. Lay-off or discharge any employee for IAM activity.
5. Grant employees wage increases or special
concessions in order to persuade employees against being
represented by the IAM.
6. Bar employees from soliciting for the IAM
(asking for support and/or membership) during non-working
hours.
7. Ask employees what they think about the IAM or an
IAM representative.
8. Ask employees how they intend to vote.
9. Threaten employees with economic reprisal for
participating in IAM activities. For example, threaten to
move the facility or close the business, curtail operations
or reduce employee benefits.
10. Promise benefits to employees if they reject the
IAM.
11. Give financial support or other assistance to a
union or to employees, regardless of whether or not they are
supporting or opposing the IAM.
12. Announce that the employer will not negotiate with
the IAM.
13. Tell employees that they will be fired or punished
if they engage in union activities.
14. Ask employees whether they belong to the IAM or
have signed an IAM Petition.
15. Ask an employee, during the interview when they are
being hired, about their affiliation with the IAM.
16. Make anti-union statements or actions that might
show preference for a non-union person.
17. Make distinctions between union and non-union
employees when assigning overtime or desirable work.
18. Transfer employees based on their IAM affiliation
or activity.
19. Purposely team up non-union employees and keep them
apart from those the employer may think support the IAM.
20. Select employees for lay off to discourage support
for the IAM.
21. Discriminate against IAM supporters when
disciplining employees.
22. Use work assignments to discriminate against IAM
supporters.
23. Discipline IAM supporters for a particular action
and permit non-union employees to go unpunished for the same
action.
24. Deviate from policy to get rid of an IAM supporter
or member.
25. Take actions that adversely affect an employee’s
job or any pay rate because of IAM activity.
26. Engage in arguments to provoke a physical
confrontation with an employee about the union.
27. Threaten an IAM member or supporter through a third
party.
28. Threaten the employees or coerce them in an attempt
to influence their vote.
29. Promise employees a reward or a future benefit if
they vote “No.”
30. Tell employees overtime work (and premium pay)
will be discontinued if they choose to be represented by the
IAM.
31. Say unionization will cause employees to be laid
off or fired.
32. Say that unionization will take away vacations,
bonuses, pensions, insurance, profit sharing, or any other
benefits and privileges presently enjoyed. (This is the
“start from zero” threat.)
33. Start a petition or circular against the IAM or
take part in its circulation if started by employees.
34. Urge employees to try to induce others to oppose
the IAM.
35. Visit the home of employees to urge them to reject
the IAM.
36. Make campaign speeches to assembled groups of
employees on company time within the 24-hour period before
the secret ballot election.
