Organizing with Co-Workers

Federal law protects the rights of most private-sector employees to act together to address workplace conditions, with or without a union, through open conversations with one or more co- workers. Protected collective action can include talking to coworkers about wages, benefits, and working conditions, or joining together to talk directly to the employer to address concerns. By law, employers cannot fire, discipline, demote, or penalize workers in any way for engaging in these activities.

CLS assists workers seeking to understand their right to organize at work. CLS offers resources, advocacy, and legal guidance to support workers who take collective action to improve their workplaces.

 

You have the right to organize at work!

• You don’t have to be in a union to have this right! All workers have the right to join together to improve their jobs.
• Together with your coworkers, you have the right to ask for better work policies – like a raise, or more time off
• You have the right to talk to coworkers about issues like salaries and benefits, or problems like wage theft or unsafe conditions.
• You have the right to form a union, but you don’t need to be in a union to be protected when raising issues on the job.
• You have the right to strike and take other actions

 

Your right to organize is protected 

• Your right to organize is protected by the National Labor Relations Act (NLRA)
• You can’t be retaliated against for making a demand with one or more coworkers.
• Retaliation could include firing you, demoting you, giving you worse shifts, cutting your pay, etc.
• If an employer retaliates against you for organizing, you can file a claim at the NLRB by calling 1-844-762-NLRB (6572)

 

How to Organize at Your Job

• If you and your coworkers aren’t getting what you need, whether it’s enough sick days or any other issues, take action together. Here are some steps you can take:
• Talk to coworkers!
  • You are protected under the law even if you talk to one other person about an issue before you raise it with a boss.
  • You have more leverage and power if you can get coworkers to join you.
  • Your rights under the NLRA are only protected if you act as a group. Talking to a boss about your own concern is not protected.
  • Immigrant workers have the right to organize, but might have additional fears, especially if the boss has made any threats in the past. Talk to your coworkers and consider contacting a labor lawyer if threats have happened in the past.
• Present Your Demands
  • You can request a meeting, ask to be paid what you are owed, or ask for better protection from harassment
  • Present the demands to your boss in person as a group or put it in a letter or petition with signatures and give it to your boss.
  • If there is concern about retaliation, you can present the demand in a way that doesn’t reveal names (For example, you can sign it with “workers committee” or create a new email account)
  • If you don’t get the response you want at first, think about how to increase pressure, consider going public with your demands to put pressure on the employer (For example, you could organize leafleting outside the business or share a petition on social media)

• You can often get support from unions and other groups if you are planning an action.
• There’s a ton of information online about organizing. Here are a few:
  • Information on forming a union (Form a Union |AFL-CIO)
  • coworker.org can help you take a petition public
• In Philly, these groups can also be contacted about organizing
  • Make the Road PA — 267-650-0606
  • One PA — 267-608-8619
• For restaurant workers:
  • Restaurant Opportunities Center — 267-738-7440
  • CRSH – Philadelphia Coalition For Restaurant Safety & Health — 267-571-6720
• For domestic workers:

PA Domestic Workers Alliance — 267-768-4002

• Contact the NLRB’s Philly office at (215) 597-7601 or at www.nlrb.gov for help filing
• You must file a charge within 6 months of the retaliation
• CLS may be able to help you if you qualify! Contact us at 215-981-3700

Dear _______

We the undersigned, are the [ABC company] workers committee. We are aware of 3 times that our coworkers have come to work since the fall despite being ill because you denied them paid sick time. This puts us, our families, and our customers at risk.

Philadelphia requires paid sick leave for workplaces like ours with 10 or more workers. We demand a response within a week confirming that you will give us paid sick days in compliance with the law, give us an accounting of how many days we have accrued, and pay our coworkers who were denied paid sick leave in the past. If we don't hear from you in a week, we will file a complaint with the City and go public.

You may not retaliate against us for sending you this letter, this is protected activity under the National Labor Relations Act.

Signed,
[NAMES of each worker]

Dear __________

A few of us have talked to you individually about our (pay/scheduling/health and safety issues, etc.) but feel that our questions and concerns get brushed aside and ignored. We deserve to be heard and treated with respect.

We need the following to do our jobs well: (a fair wage of x per hour; KN95 masks provided every x days; fixing the air conditioning in the kitchen; and give scheduling responsibility to manager x instead of manager y.) We expect an answer to this email address xxx@gmail.com within x days with your response to our very reasonable demands. If you do not reply, we will take further action. Know that we are aware of our rights and retaliation against us is illegal.

Signed,

The workers committee