Come on, it’ll be funny:
General Steps to Form a Union in the U.S.
- Build Internal Support
Identify Allies: Find coworkers who share concerns about wages, benefits, or working conditions.
Form an Organizing Committee: Create a small group of trusted employees to lead the effort.
Maintain Confidentiality: Be aware that while discussing unionization is generally protected, companies may have strict policies about solicitation during work hours or in work areas.
- Contact a National Union
Reach out to an established national union (e.g., United Steelworkers, Oil, Chemical and Atomic Workers International Union) that has experience organizing in the energy sector. They provide resources, legal guidance, and campaign strategies.
- Sign Authorization Cards
Employees sign cards indicating they want the union to represent them.
To petition for an election, typically 30% of the bargaining unit must sign, but unions usually aim for 60-70% to ensure a win.
- File for an Election (NLRB)
The union files a petition (RC petition) with the National Labor Relations Board (NLRB).
The NLRB determines the appropriate "bargaining unit" (which employees are eligible to vote).
A hearing may be held if the employer disputes the scope of the unit.
- Campaign Period
Once the election date is set (usually 3-6 weeks later), both the union and the employer campaign.
Employers are legally allowed to express their views against the union, provided they do not threaten, coerce, or promise benefits to influence votes.
Unions campaign on the benefits of collective bargaining.
- The Election
Secret ballot election is held, often supervised by the NLRB.
If 50% + 1 of the voting employees vote "Yes," the union is certified.
- Collective Bargaining
Once certified, the employer is legally required to bargain in good faith with the union representatives to reach a contract.
Important Context for Texas and Energy Sector
"Right-to-Work" Laws: Texas is a right-to-work state. This means employees cannot be forced to join a union or pay union dues as a condition of employment, even if the union wins the election. This can impact union funding and membership density but does not prevent the formation of a union.
At-Will Employment: Texas is an at-will employment state. While the NLRA protects employees from being fired specifically for organizing, proving that a termination was due to union activity (rather than performance or restructuring) can be legally complex and requires strong evidence.
Legal Counsel: Because of the complexities involved in the energy sector and potential legal challenges, consulting with labor attorneys is a standard recommendation for anyone considering this path.