Unionizing Your Workplace: Insights From a Veteran Milwaukee Organizer  

On May 28, 2022, Chris Smalls – the iconic president of the Amazon Labor Union – used his Twitter account to issue what amounted to a prophecy.

“It’s about to be a Hot Labor Summer,” Smalls declared. 

Within a few months, the #hotlaborsummer tag began trending as labor organizers notched victories at chains like Starbucks, REI, and Chipotle, as well as in newsrooms and hospitals across the country. “Hot Labor Summer” was not simply a meme, however. It represented one the most significant U.S. union drive in recent memory. At Starbucks, for example, union election filings shot up dramatically in the spring of 2022. And as spring gave way to summer, workers were poised for success. As the Economic Policy Institute reported, more than 16 million workers in the United States were represented by a union in 2022, an increase of 200,000% from 2021. 

Yet while these figures suggest that the tide might be turning in labor’s favor, building up working-class power in a country where union density has cratered in recent decades remains a major struggle. After all, while the number of union members increased between 2021 and 2022, the share of workers with union representation actually declined over the same period. Why? Simply put: more nonunion jobs were added to the economy at a faster rate than union jobs. 

For the millions of Americans who might be interested in forming a union, the website of the National Labor Relations Board (NLRB) – the federal agency that regulates collective bargaining in the United States – presents the process as a relatively simple one: 

Not represented by a union, but want to be?

If a majority of workers wants to form a union, they can select a union in one of two ways: If at least 30% of workers sign cards or a petition saying they want a union, the NLRB will conduct an election. If a majority of those who vote choose the union, the NLRB will certify the union as your representative for collective bargaining. An election is not the only way a union can become your representative. Your employer may voluntarily recognize a union based on evidence – typically signed union-authorization cards – that a majority of employees want it to represent them. Once a union has been certified or recognized, the employer is required to bargain over your terms and conditions of employment with your union representative. Special rules apply in the construction industry.

Yet the process of forming a union is far harder than this stylized description makes it seem. The stripping of power from the NLRB, as well as the collaboration between business owners and those in power that leads to weak enforcement of labor rights, means that the process of forming a union is anything but safe or predictable. Workers face an uphill battle and must rely on their organizing abilities, strategic planning, and sheer force of will to overcome the struggle.  

But winning a union is possible, even under adverse conditions. To understand how, the Leader interviewed Bill Breihan, a veteran of the labor movement who spent decades working with employees to form unions from scratch, to find out what employees can expect when trying to form a union. Breihan approaches the three steps required to form a union by breaking the process down into four critical thresholds that workers must meet.

Threshold 1: Building Your Core

The first threshold, Breihan suggests, is forming a core group of employees to lead the unionization effort. Workers who are trustworthy, respected, and have already formed relationships with other coworkers make the best candidates for this “core group.” Secrecy is crucial at this step as management will begin an anti-unionization campaign as soon as they are made aware. If workers have not been unified and prepared beforehand, an anti-unionization campaign can cripple unionization efforts before they have had a chance to really begin. Trust between the members of the core group can help mitigate early leaks while the union finds its footing.  

“It’s a race to the finish line once the employer finds out that the workers are interested in organizing, because they will pull out stops. Money’s not an object, whatever it takes to stop the union,” Breihan said. “Employers really don’t care about your fucking rights,” he added.

The core group will work together to “probe for support” in Breihan’s words. Members of the group will hold individual conversations with other coworkers, known as “one-on-ones”, to identify widely felt grievances within the workplace such as low pay or unkept promises made by management. This will provide an idea of the issues a union can help solve, and provide key “selling points” for the union when the core group begins convincing other workers to join the unionization effort. This part of the process will feel more natural, and be easier to conceal, if core group members have already established relationships with other coworkers before the unionization process begins. 

Once the core group has formed and the members have identified a level of support, workers should get in contact with a union. This step should occur after the core group has probed for support, because “the Unions will not be very interested unless it’s a ‘hot shop’, or until they see that there is really something going on,” Breihan said. 

Threshold 2: Launching a Successful Unionization Campaign

The second threshold can occur only once the core group has formed. It is at this point that the unions should carry out a strategic campaign to increase interest in the union among workers. This campaign requires the core group to identify the bargaining chips, or areas that the union could improve such as hours, working conditions and pay, and then decide on the best way to communicate how a union could help address these issues in a way that resonates with workers. 

To maximize the effectiveness of the messaging campaign, the core group should try to “map the workforce” or keep track of what issues matter most to workers in different departments, and what the levels of support for the union are in different departments. “You’re mapping your assets. Where are you weak? Where are you strong?,” Breihan notes. This will give the organizers a good idea of where the union stands in terms of support, and what work still needs to be done before union cards can be released to the workforce for signatures.

“I got to walk into some really interesting scenes where there would be poster boards all over the walls, and every single worker in the building was listed. They were listed by department, what departments the union had the strongest support in, who were the people you would really need to focus on, and who were your key organizers,” Breihan said, describing workforce mapping efforts that he had seen first-hand, “It’s a war, you have got to have strategy and tactics.” 

Timing is incredibly important during this step, Breihan suggests. Ideally, the core group will have created a strategic timeline for their communication where the distribution of union cards will occur just as support for the union reaches its peak. “You really have to know when your campaign is peaking, because it has to be at that optimal moment,” Breihan said. “Unless you’ve got overwhelming support in your workplace, you kind of need the professional judgment of someone who’s done this a lot.” 

Because management has obvious resource advantages over workers, building a critical mass of support before the boss gets wind of the unionization effort is crucial. If management becomes aware of the campaign to unionize before the cards are distributed, they will begin waging a counter campaign of propaganda that is difficult to overcome when workers have not already formed a united front. By contrast, if workers are able to shore up their support and set a plan in motion before the employer finds out, they will be better prepared to fight the propaganda and management’s efforts to divide the workers. 

“It’s against the law to close a plant because of a union drive, but the companies still find dozens of ways to make that threat indirectly through their messaging,” Breihan said,  “And all of a sudden, workers who seemed like they were strong supporters can go south on you.”

The importance of secrecy at this stage also highlights the importance of building a disciplined, trustworthy organizing core. As Breihan notes, secrecy at this stage is very delicate and requires complete cooperation from all involved to ensure the employers do not catch wind of the campaign. It is still possible to win the card check if management becomes aware of the campaign, however it becomes much more difficult to convince people to support the union as you are no longer trying to just get workers past their own reservations, but you also have to counter the propaganda that management is feeding them.

“I have seen a lot of workplaces where you will have 70-75% of the workforce sign the cards, only for 45% percent of the workforce to actually vote in favor of the union,” Breihan said, “There is a 60 day wait time built into the process (between the card signing and the card vote) where the employer will do what they need to do and the support (from workers) evaporates.”

Threshold 3: Winning the Certification Election 

If workers are successful in mobilizing support for the union among the workforce, they can then move onto the third threshold: winning the certification election.

If management has not caught on to the unionization efforts up to this point, the circulation of union cards will bring the efforts to their attention, and the battle begins. This is why the core group must exercise patience and choose the most strategically advantageous time to release the union cards for signature, or as Breihan puts it, knowing “when to fold, when to hold, and how long to hold.”

At this threshold, a union organizes to sign up at least 30% of workers at a workplace on union authorization cards, though in practice it’s typical to sign up well over a majority of workers. Once the employer gets wind of the campaign, it will likely begin a counter-offensive, holding “captive audience” meetings to misinform workers and pressure them to abandon the union effort. Often these tactics are illegal unfair labor practices (ULPs), which the union can bring to the NLRB for prosecution. But ULPs take a long time to adjudicate and the penalties for engaging in them are minor. So organizers must be prepared to inoculate their coworkers against these psychological scare tactics.

Under federal labor law, employers can choose to voluntarily recognize a union. One approach here is called “card check neutrality.” Under this approach, employers agree to remain neutral and recognize the union if a majority of workers sign authorization cards, authorized by a mutually chosen third party.

Yet the far more common route to union certification is an election. Under this approach, the union files its authorization cards with the National Labor Relations Board along with a petition for an election. Then, after evaluating petition and the collective bargaining unit, the NLRB schedules an election in which workers vote “yes” or “no” on whether they want union representation. If “50% + 1” of the voting workers vote “yes”, they have officially formed and joined the union.

These elections can take weeks to months and maintaining momentum during this period is crucial. Workers will want to have already established an organization amongst themselves by this point. This allows them to do what Breihan calls “permanent mobilization.”

By establishing an organization, workers can build a process that allows them to gain more leverage by increasing support within the company, and from external sources like the media. Support from both inside and outside of the workplace is crucial for keeping up morale among workers and enlisting new recruits. An organization allows workers to centralize messaging, boost morale, and keep workers invested in the fight. This is especially important because workers cannot rely on winning a mere majority of votes in the certification election. If workers have “50% plus one” support, they can get the union certified, but the employer will only have to move a few employees to their side before they call for a recertification election and get the union decertified.

Therefore, organizers should aim for at least 75% support among the workforce before holding the election, or they run the risk of not winning certification, or of being decertified later on.

Threshold 4: Contract Negotiations 

Once the union is certified by a comfortable margin, workers can turn their attention to the final threshold: negotiating the contract.

In an ideal world, negotiations would involve both sides making concessions until they reached an agreement that they are all happy with. In the real world, negotiations between the employer and the union are typically about whittling down the union’s demands. To prevent workers’ demands from being stripped of its serious impact, it is crucial that the workforce can present a united front and are willing to go on strike if demands are not met. Collective bargaining contracts take an average of 403 days to be finalized after the union wins the certification vote according to a study done by Bloomberg Law. The combination of the time it takes for the contract to be completed, along with the concessions that have to be made, can make it very difficult to keep up morale if workers are not prepared in advance. 

Negotiations are a long-term battle and thus are influenced by strategic considerations, such as how long negotiations can go on before workers lose interest in forming a union. Given the tough nature of negotiations and the many competing factors that must be balanced, first contracts are often groundwork that can be built upon later, but get a foot in the door now. They are a test of endurance won by the smallest of margins so it is crucial that the union is dedicated to holding out for one day more than the employers are. 

Only once the first contract has been negotiated is the union really established, Breihan emphasizes. The challenge now is twofold. Workers must first contend with delay tactics from the employers. Employers will delay contract negotiations for as long as possible. Their goal is to delay for a year. After a year of negotiations that don’t produce a contract, employees who oppose the union can legally petition to decertify the union, forcing workers to start the process of forming a union over again.

The second challenge workers must overcome is ensuring the union represents workers, rather than an outside group. Unions are most effective when they are viewed as a collective effort on the workers behalf, not as an outside organization with its own interests and agenda. While unionization may be an uphill battle for workers, a strategic, disciplined organizing campaign can turn the tables on powerful bosses.

In the end, if workers can organize to build rank-and-file solidarity, it can be #hotlaborsummer all year round.

More Readings and Resources: 

Interested in unionizing your workplace but not sure where to go? Here are a few free resources: 

DSA Emergency Workplace Organizing Committee (EWOC) Organizing Guide: The Emergency Workplace Organizing Committee (EWOC) was founded by the United Electrical Workers (UE) and Democratic Socialists of America (DSA) in March 2020 in response to the COVID-19 crisis. EWOC uses distributed organizing techniques and a mass volunteer base to provide support and training to non-union workers. We focus on developing workplace issue fights and supporting worker leadership development. Our job as organizers is to build the resources, the networks, and the training workers need to win their demands during the pandemic and beyond.

EWOC Training Videos: EWOC has also started a great series of easy-to-follow training videos. The series begins with an episode on how to analyze your workplace. Other topics include bringing together workers around a common concern, taking action, and preparing for the boss’s standard-issue dirty tricks. Even if you’ve never thought about organizing before, this is an awesome resource that will give you the tools you need to get started. It’s like a cooking show but for worker power. 

Turning the Tables by Jane McAlevey and Abby Lawlor. This is a guide for workers, unionists, tenant organizers, racial justice and climate campaigners, academics, policymakers and everyone who wants a more fair and democratic society, which focuses on the nuts and bolts of high-participation union negotiations.