Wednesday, July 14, 2010

HERE ARE JUST SOME (35) OF YOUR RIGHTS AS A WORKER

SINCE MORE THAN ONE PERSON ASKED ABOUT THEIR MANAGERS "CROSSING THE LINE" and asking them about the union or questioning them - I am including this list of 35 Federal Labor Law Violations:

Please report all violations of any of the following to IBEW Local 363 and please write down exactly what happened and who said it and date the paper. I will ask for all papers if and when I need them to bring to the National Labor Relations Board.

PLEASE BE AWARE THAT IN THE UNITED STATES YOUR MANAGER OR SUPERVISOR CANNOT:

1. Attend any union meeting, park across the street from the hall 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 union program.

2. Tell employees that the company will fire or punish them if they engage in union activity.

3. Lay off, discharge, discipline any employee for union activity.

4. Grant employees wage increases, special concessions or benefits in order to keep the union out.

5. Bar employee-union representatives from soliciting employees' memberships on or off the company property in non-working hours.

6. Ask employees about union matters, meetings, etc. (Some employees may, of their own accord, walk up and tell of such matters. It is not an unfair labor practice to listen, but to ask questions to obtain additional information is illegal.)

7. Ask an employee what they think about the union or a union representative once the employee refuses to discuss it. (You should say you would rather not discuss it)

8. Ask employees how they intend to vote.

9. Threaten employees with reprisal for participating in union activities. For example, threaten to move the plant or close the business, curtail operations or reduce employees' benefits.

10. Promise benefits to employees if they reject the union.

11. Give financial support or other assistance to a union.

12. Announce the company will not deal with the union.

13. Threaten to close, in fact close, or move plant in order to avoid dealing with a union.

14. Ask employees whether or not they belong to a union, or have signed up for union representation.

15. Ask a prospective employee, during the hiring interview, about his or her affiliation with a labor organization or how he or she feels about unions.

16. Make anti-union statements or act in a way that might show preference for a non-union worker.

17. Make distinctions between union and non-union employees when assigning overtime work or desirable work.

18. Purposely team up non-union workers and keep them apart from those supporting the union.

19. Transfer workers on the basis of union affiliations or activities.

20. Choose employees to be laid off in order to weaken the union's strength or discourage membership in the union.

21. Discriminate against union people when disciplining employees.

22. By nature of work assignments, create conditions intended to get rid of an employee because of his or her union activity.

23. Fail to grant a scheduled benefit or wage increase because of union activity.

24. Deviate from company policy for the purpose of getting rid of a union supporter.

25. Take action that adversely affects an employee's job or pay rate because of union activity.

26. Threaten workers or coerce them in an attempt to influence their vote.

27. Threaten a union member through a third party.

28. Promise employees a reward or future benefit if they decide "no union."

29. Tell employees overtime work (and premium pay) will be discontinued if the plant is unionized.

30. Say unionization will force the company to lay off employees.

31. Say unionization will do away with vacations or other benefits and privileges presently in effect.

32. Promise employees promotions, raises or other benefits if they get out of the union or refrain from joining the union.

33. Start a petition or circular against the union or encourage or take part in its circulation if started by employees.

34. Urge employees to try to induce others to oppose the union or keep out of it.

35. Visit the homes of employees to urge them to reject the union.



It is unlawful for your employer, supervisor or foreman to interfere with, restrain or coerce employees seeking to organize or join a union. Any of the acts listed above constitute a violation of the National Labor Relations Act, as Amended.

Here is the law: Your rights

"Section 7. Employees shall have the right to self-organize, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. ..."

* The above law means that employees have the right to help organize, to join and to support a union of their own choosing. This includes such activities as signing a union card, getting others to sign cards, attending union meetings, wearing union buttons, passing out union literature and talking union to other employees.

* It states that employees have the legal right to join together and work as a team in order to help each other.

* It states that employees have the legal right to deal with their employer as a group, rather than individually.

* It gives employees the right to take such group action as they feel necessary in order to gain their desired goals, so long as as these actions violate no other laws.

* It does not mean that employees have the right to carry on union activity during working hours or to allow their union activity to interfere with their jobs. (For this purpose, break time and lunch time are not considered as working hours.)

Here is the law: Your protection

"Section 8. (a) It shall be an unfair labor practice for an employer -- (1) to interfere with, restrain or coerce employees in the exercise of the rights guaranteed in section 7. ... (3) by discrimination in regard to hire or tenure of employment to encourage or discourage membership in any labor organization. ..."

* This means that employees are supposed to have a FREE CHOICE in deciding whether or not they want to use their right to organize. Anything that an employer does to interfere with this free choice is against the law.

* It means that employers who get "nosey" during an organizing campaign are breaking the law. An employer is not supposed to question employees, or even to find out, about how employees feel, who signed cards, which employees are pushing the union, who attended meetings, what went on at meetings, etc. It is none of their business.

* It means that an employer is not supposed to make any promises of raises, promotions or other benefits in order to influence employees in the exercise of their rights.

* It means that an employer cannot take away, or threaten to take away, any benefits which you already have because of union activity.

* It means that it is illegal for an employer to penalize an employee in any manner because of his or her union activities or beliefs. This includes such things as cutting out overtime, transferring to a less desirable job, suspension or discharge. (If an employer does any of these things, and it is proven that it was done because of union activity, the employer must reinstate the employee to his or her former position without loss of seniority and pay them for all lost wages, plus interest.)


I know it is a lot of reading but take a good look at this list and make a good record of anything that happens to you like this and let us know, either call or get the word back.

Please use this blog story to enter your comments of what any supervisor or manager says to you. We need to plaster it all right here for everybody - in and out of New York - to see. If a manager minds his business - we have no problem with that person - if he or she sticks their nose in - they need to be called out on it.

Right on here.

18 comments:

  1. Sam when are we going to vote?

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  2. Much better day today thank you.I rather not give any names at this time hopefully they will obey the rules.

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  3. 6:36 pm -

    There is a process to follow,
    and you're in good hands,
    things are moving ahead nicely,
    they'll soon be union cans.

    ReplyDelete
  4. Sam we have one more tape rolling just to let you know. The system is flawless!

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  5. SAM YOU ARE THE MAN!!!!!!!!!!!!!!NOW YOU NEED TOO LEAD US IN THE RIGHT DIRECTION TO KEEP PEOPLE ON THE RIGHT TRACK.

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  6. So i hear we are on our way is this true?

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  7. When and where is the next union meeting.

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  8. The best thing is that the PEOPLE who work at MCC in Newburgh are SOLID. You guys are the key to EVERYTHING that will happen from here on out - YOU are ALL IN CONTROL.

    I havent scheduled the next meetings yet but we are going to move them to Newburgh. I will announce the dates and times on this site.

    I want ALL of you guys to know that I am on this and realize for obvious reasons - I don't announce everything I am doing right away.

    Just stay tight - YOU ALL DESERVE THIS.

    You will ALL be IBEW Local 363 members soon.

    ......and then WE ALL will fix the can plant together.

    ReplyDelete
  9. BUD "WISER"July 16, 2010 at 8:43 AM

    I'm getting sick of managements rats coming out on the floor to try to get an idea on what we think or persuade us with scare tactics to vote no!!! This is going to be a long bumpy road, but we need to stay solid and remember they promise us nothing.....363 promises us a contract that can't be disputed after its signed!!!!

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  10. Sam what is going on it's to quite.When is the NLRB getting notified?

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  11. MANAGERS ARE TALKING ALOT OF S--T ALL READY.
    WE NEED TOO GET THIS TO A VOTE FAST,OR DO YOU HAVE SOMETHING UP YOUR SELEVE ?

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  12. HI MCC HEARD YOU FOLKS ARE IN THE PROCESS OF GETTING A UNION DO IT YOU WILL BE SORRY IF YOU DON'T. NEWARK BREWERY WISH YOU LUCK STAY FIRM.....

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  13. GOT ANOTHER TAPE MAN THESE GUYS ARE OUT OF TOUCH.JUST KEEP ON TALKING YOU WILL END UP IN COURT.LEAVE US ALONE WE WANT A UNION WE ALL KNOW WHY ALL THESE PEOPLE ARE BEING HIRED.
    1.SO YOU CAN GET NO VOTES.
    2.SO YOU CAN FIRE SOME HIGH PAID TEAM MEMBERS.
    MOST OF US ARE PERPARED THIS TIME.
    THANKS FOR YOUR SUPPORT NEWARK.

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  14. PLEASE STOP RESPONDING IN ALL CAPS, IT DOES NOT GET YOUR POINT ACROSS ANYMORE AND MAKES YOU LOOK LIKE A FRIGGING MORON

    Act appropriately, and treat people with respect, don't try the strong arm approach, be civil and we'll get this thing done, thank you.

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  15. To 6:54 6:57

    There is a process to follow,
    and you're in good hands,
    things are moving ahead nicely,
    they'll soon be union cans.

    HEY NEWARK THANKS FOR YOUR SUPPORT! Grab some of your fellow workers and ask them to come here and let the people know what they think about them getting organized. The biggest thing that this group has to do is to stay strong and they will have a union and a contract.


    The people who work in the Newburgh Plant are determined to get their contract. They know they need that with the new company and an uncertain future.

    No amount of company meetings can break the bond the workers here have now.

    ReplyDelete
  16. Sorry about the cabs worked all night was'nt paying attention.

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  17. What's up Newburgh just found out through the grape vine you all want a union if we were working for the Bush family I would say don't
    need it but with this company I say vote yes.

    Jaxs

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  18. management is getting nervous about the union. they should because this a like a runaway train that can't be stopped. thanks jax and newark for your support we really appreciate it. the vote might take a few weeks but thats ok we have waited a long time to get a great union like 363 in here. it will all be worth it. everyone just hold tight and when the time comes just vote yes and let Sam and the guys help us get the contract we need.front office mgmt. is clueless like always that is why they are in this position today. and dan is leading the way isn't that so appropriate. lol stay strong my brothers and sisters we are almost there.

    ReplyDelete