Demystifying the Unionizing Process

by Colin Fleming

In the presentation titled Demystifying the Unionizing Process at RailsConf 2023, Colin Fleming sheds light on the complexities and necessities of unionizing the workplace, particularly post-pandemic. He aims to equip attendees with the steps required to effectively unionize and the implications of such actions, especially for software developers. Fleming begins by highlighting the importance of understanding why employees might seek to unionize and outlines several crucial points:

Why Unionize: The core of unionization revolves around collective bargaining, allowing employees to negotiate their employment terms as a group. Through unions, staff can have a say in critical matters including compensation, working conditions, and job security.
Process Overview: Fleming outlines the steps from expressing interest in a union to establishing one, emphasizing that successful unionization requires the support of more than 50% of eligible staff.
Building a Core Group: A foundational step involves assembling a dedicated group of trusted colleagues to rally support and share the workload associated with union efforts. The speaker advises seeking a diverse group across departments to strengthen the initiative.
Professional Support: Engaging with union organizers and professionals is essential for navigating the complexities of unionization, ensuring legal compliance, and enhancing chances of success.
Engagement and Communication: It is critical to have open conversations about workplace grievances, as these discussions create common ground for union support. Fleming encourages addressing shared issues to galvanize collective action among coworkers.

Throughout the talk, Fleming uses examples from his own experiences with union drives, noting challenges such as management pushback and the legal intricacies involved. He emphasizes the significance of persistence and careful planning in the face of potential opposition.

Finally, he advises software developers to maintain awareness of the broader implications of their union efforts, taking into account the different perspectives within their workforce. He highlights the strategic importance of creating achievable goals that can unite employees and illustrates the potential for meaningful change through collective bargaining, while also recognizing the hurdles that come with this commitment. The session concludes with Fleming sharing resources for further assistance and encouraging open dialogue with attendees seeking personal insights into their unionizing efforts.

00:00:18.619 Hi everyone, thank you for coming. I really appreciate you being here. My name is Colin, and it's very lovely to see you all. Our talk today is about demystifying the unionizing process.

00:00:30.480 I'm going to talk about the why and how of organizing a workplace, focusing on concrete steps and actions.

00:00:36.899 This draws on a couple of recent union drives I have been part of: one I led with a few other people, and others led by friends and former colleagues who were willing to share their experiences with me.

00:00:49.860 So, it represents a collective of experiences across a couple of drives over the past five-ish years.

00:01:02.340 The reason I'm giving this talk is that when many people learned I led a union drive, they generally asked the same question: What actually happened? If I wanted to unionize, what actual work would I be signing up for, from start to finish?

00:01:18.360 So that's the question we're going to aim to answer here. I want you to walk out of here with an understanding of what happens during a union drive, from the beginning to the end.

00:01:29.759 Here's our rough game plan: first, I will frame this with a couple of caveats and things to keep in mind. Then, we're going to talk about why this is worth the hassle at all.

00:01:40.799 We'll touch on collective bargaining and why the staff of organizations might want to unionize, and what they hope to accomplish by going through this process.

00:01:53.700 Then, we'll talk about the concrete steps between wanting a union and actually getting one. We'll also discuss what happens when a union is in place.

00:02:01.399 Finally, we'll think about some important considerations for programmers and technology workers specifically.

00:02:09.780 Let's start with the caveats. Most importantly, this talk is not intended to answer the question of whether a union is a good idea for your workplace. You and I are not co-workers.

00:02:26.819 I don't know what is great or what is challenging about your specific workplace, and I'm not going to pretend that I do.

00:02:35.159 Instead, I want to focus on the process as much as possible and be really clear-eyed and fair about it. If you were going to do it, here's roughly what you can expect.

00:02:43.680 When you walk out of here, I want you to have some guidelines for figuring out whether this is a good fit for you and what you and your co-workers have going on.

00:02:56.760 If you decide this is a good idea, I want you to know what to do to get started and to have a good understanding of what you are signing up for.

00:03:01.440 In my opinion, this is a high-reward effort, but it is a lot of work. It's very labor-intensive and often quite conflict-intensive. You should enter this process with clear eyes.

00:03:13.020 Except for my first job, every place in my career has generally had a headcount of under a thousand people, contractors included. These include conglomerate-sized organizations like Activision Blizzard that are unionizing in some form.

00:03:24.659 I have to say, I can't speak to those experiences as well. Some of the advice I give may still translate, but it's definitely harder to discuss unionization with 10,000 people compared to 50.

00:03:41.400 I think the playbook looks quite different for those who are unionizing in larger organizations. However, this talk is not useless even if you're at a larger organization.

00:04:00.959 I also know that some larger technology organizations, like Google, have advisory unions among a minority of their staff. However, those unions do not collectively bargain.

00:04:18.720 I have no experience with those, so I cannot provide insights into how that works or what the benefits are.

00:04:26.160 This talk mostly applies to traditional labor unions that seek to gain buy-in from a majority of workers within an organization to engage in collective bargaining.

00:04:49.500 My perspective here is from the staff side, not management. I cannot detail the management experience as much, but if you are a manager or supervisor wanting to understand this process, there's still valuable information here.

00:05:02.340 And finally, I want to emphasize that I'm not a lawyer or a professional union organizer. I am just an average programmer. This talk represents my best understanding from having gone through this process from the staff's perspective.

00:05:18.360 If you pursue unionization, you may have a slightly different experience around the margins, and potentially a much different experience, depending on your workplace.

00:05:37.320 Treat this more like an abstraction. Unionization can look like this, but in specific instances, some details will differ.

00:05:51.240 Let's rumble! We are going to start by talking about why this is worth the effort in the first place. The core concept of unionizing is collective bargaining.

00:06:04.919 Collective bargaining means that the staff of an organization can negotiate rules and guidelines of their employment as a group. Forming a union is how you do that.

00:06:22.440 Negotiating a contract is how you make it legally binding. Kinsey Durham Grace gave an excellent talk recently about supporting parents in tech.

00:06:38.820 The starting point of that talk was about employee resource groups of parents at GitHub discussing their needs, which led to organized childcare at work events.

00:06:53.700 This was a wonderful example of a company responding positively to employee pressure without the need for collective bargaining.

00:07:06.300 However, if companies do not willingly make changes when pushed, then collective bargaining serves as a powerful way to enforce those changes.

00:07:19.080 Let's explore this concept with the example of company handbooks. In many workplaces, a team of managers and executives, including the CEO and HR director, generally sets the rules for how the workplace operates.

00:07:35.880 These rules are often defined in a company handbook or more informally. For example, management typically decides compensation, including how much staff should be paid and when raises occur.

00:07:54.600 Other parameters include whether parental leave is provided, what the dental plan entails, and when employees need to be on the clock.

00:08:07.320 If you work a weekend, will you get compensatory time off? Is remote work permitted, and can management cancel remote work at their discretion?

00:08:19.080 Lastly, what happens during layoffs? Putting aside how this should ideally work, if a manager wanted to lay you off, what steps would they have to follow? Would severance and health insurance be provided, or could they simply say goodbye?

00:08:33.960 Often, when these matters aren't defined in handbooks, they're left to management's discretion, meaning they are subject to change without notice.

00:08:46.320 In workplaces that do not collectively bargain or have unions, individuals or small groups can request changes, but it remains at management's discretion to accept or deny them.

00:09:01.740 You can ask for a raise or request remote work, but the final decision rests with management; if you're unhappy with their choice, your options may be limited.

00:09:14.160 Collective bargaining presents an alternative, allowing the staff to negotiate contracts with management, defining the rules together.

00:09:28.920 A union can negotiate contracts that stipulate things like annual cost of living raises, remote work options, and additional benefits that cannot be altered unilaterally by management.

00:09:43.680 In summary, this is the main appeal of unionizing: you and your colleagues gain some influence over what is in the company handbook, which cannot be changed without consultation.

00:09:55.920 Yet, if unionizing is so beneficial, why not do it now? The process can be time-consuming and challenging, requiring many difficult conversations with coworkers.

00:10:06.840 You'll spend many after-hours discussions and face potential backlash from management. Ultimately, winning a union drive leads to navigating legal negotiations, which can be quite taxing.

00:10:18.720 The rewards of unionizing are very high, but it is a considerable commitment of time and effort. It's essential to recognize that this effort results in a substantial redistribution of power within an organization.

00:10:31.140 If the CEO is legally obliged to negotiate with staff regarding cost of living raises instead of solely making that decision, it creates a profound shift in workplace dynamics.

00:10:44.040 Management might be apprehensive about this change, fearing that it complicates budgets or undermines their agile decision-making abilities.

00:10:58.560 It is reasonable for management to desire a balance of power, but so too is it reasonable for workers to want a say in how their company operates.

00:11:09.720 Since we spend a significant portion of our lives working, unionization serves as a meaningful avenue for employees to advocate for their rights.

00:11:22.680 With this understanding of the reasons behind unionization established, let's discuss what it actually takes to make this happen.

00:11:34.920 In short, it requires you to get 50% plus one of eligible staff to either sign union cards or vote for a union in a formal election.

00:11:42.660 We'll break this down step-by-step, as there is a lot to unpack within these phrases.

00:11:58.380 The '50% plus one' threshold is crucial. Organizing drives are majority exercises, meaning anyone abstaining counts as a 'no' vote.

00:12:09.180 A majority plus one must formally express their support for a union to ensure that management is obliged to come to the negotiating table.

00:12:21.240 Typically, you'll want support well beyond 50%, ideally aiming for 70% or more, but the absolute minimum is 50% plus one.

00:12:35.040 This majority must consist of eligible staff only. 'Ineligible staff' includes management, supervisors, and anyone who may see confidential union negotiation documents.

00:12:51.540 A rule of thumb is this: if you have a decision-making role or can directly evaluate employees, you are likely counted as ineligible.

00:13:09.060 Let's illustrate this with examples. For instance, Mr. Burns, the CEO, is not eligible for union membership since he dictates company direction.

00:13:23.940 Similarly, Ted, the sector 7G supervisor, oversees daily operations and writes performance reviews, rendering him ineligible.

00:13:38.520 Mr. Smithers is also out due to his role handling confidential communications. If none of these roles describe you, you are likely eligible to participate.

00:13:53.520 One essential point is that eligibility can often be disputed, leading to lengthy discussions to determine who is included.

00:14:09.060 There are two primary ways to achieve the 50% plus one threshold. The less formal way is called 'voluntary recognition', also known as 'card check'.

00:14:22.920 In this process, people sign cards indicating their wish for a union to represent them. For instance, if your workplace requires you to fill out a Google form.

00:14:38.460 Each signed card confirms that someone wants a union. If management agrees to recognize the union, cards are all it takes, avoiding a formal election.

00:14:53.700 Management will work with you to identify eligible staff, and a neutral third party will count the cards to confirm a majority.

00:15:06.780 However, management can request a formal election as an alternative, leading us to the more formal approach.

00:15:19.320 This process resembles a standard voting election. Eligible staff will fill out a secret ballot, and votes will be counted on a pre-arranged date.

00:15:36.300 Unlike card check, this voting process is anonymous and concluded on a set date, with a government agency—the National Labor Relations Board—overseeing the vote.

00:15:49.920 Typically, organizations pursue formal elections when they resist unionization efforts. While not a definitive rule, it often indicates management's intent to fight.

00:16:03.060 If an election occurs, and your drive garners 50% plus one in favor, you successfully unionized. Otherwise, the effort fails.

00:16:16.260 When you read about anti-union activities in the news, it often occurs when management requests an election and then actively fights the union drive.

00:16:30.240 If this happens, having a dedicated organizer will be invaluable in navigating the situation.

00:16:44.520 Let's assume your union drive was successful. You now get to collectively bargain, but more work lies ahead.

00:16:55.980 First, you will need to establish points of contact for union matters. Both staff and management require clear lines of communication moving forward.

00:17:07.920 You’ll need a small group who can represent the union and engage with management. This group may differ from the core team that collected cards.

00:17:21.600 Usually, staff conducts an internal election to select these representatives. At my workplace, we used a Google form for this purpose.

00:17:36.840 Subsequently, you will also be involved in key decision-making, particularly regarding personnel management.

00:17:46.680 During processes like disciplinary actions, staff can request a representative from the bargaining team to ensure fairness.

00:17:58.920 Now, let's address the pivotal task ahead: negotiating your first contract. This usually takes time to initiate.

00:18:11.640 After formally unionizing, the company needs to retain legal counsel, and you will probably want a brief pause to recuperate.

00:18:24.960 Typically, you will gather inputs from all staff, delineate contract priorities, and advocate for these at the negotiating table.

00:18:39.000 It's crucial to acknowledge that you won't get everything you want; negotiations require compromise.

00:18:52.920 However, as a group, you will have much more control over your work environment and future outcomes.

00:19:04.920 This process could potentially stretch over many months, often it takes a year or longer.

00:19:19.320 You might find yourself wondering who covers the costs of labor lawyers and union organizers during this process.

00:19:32.520 Union dues fund these expenses. Two key facts about dues: first, you don’t pay them until a contract is established. Second, the amount is determined in the contract.

00:19:49.740 The company deducts dues from your paycheck as they do with Social Security.

00:20:04.380 When we unionized, I believe the dues were around $30 per pay period.

00:20:14.880 The topic of union dues often conjures misconceptions, worth mentioning even in discussing the process.

00:20:27.300 Now, I want to conclude with key takeaways unique to software developers or pertinent for technology workers.

00:20:37.920 In 2019, at RubyConf, Sandy Metz gave an insightful talk regarding programming as a profession, discussing the significant compensation many of us receive.

00:20:46.680 It’s crucial to maintain perspective about our responsibilities and obligations as a result of this privilege.

00:20:58.620 Keep in mind that programmers often are some of the highest-paid employees in any organization.

00:21:10.500 This is evidenced by the boom of software boot camps training coders without traditional degrees.

00:21:24.060 My own path was different, and I can assure you securing a well-paying role as a programmer is often easier than other professions.

00:21:37.560 Thus, if challenges arise, consider that programmers may not face the same risks as non-technical staff, who might feel greater impacts.

00:21:49.620 Remember that the concerns of administrative staff should be prioritized in union discussions.

00:22:02.160 As mentioned in Uncanny Valley, some grievances may seem significant but are ultimately minor annoyances in the grand scheme.

00:22:15.300 While they may be frustrating, we shouldn’t lose sight of what is essential versus what is minor.

00:22:28.620 Next point: not all businesses aim for longevity in their current state. Many technology firms in this space are venture-backed.

00:22:39.660 Their primary objective may include seeking acquisition, leading management to resist unionization efforts strongly.

00:22:51.960 I mention this not to deter organizing in such environments, but to highlight differing motivations that could conflict with collective bargaining.

00:23:03.600 As a helpful tip, I've provided a link to a spreadsheet we use to account for support and follow progress towards signing cards.

00:23:13.860 Please feel free to make a copy or share it if you find it useful, and if you have any questions, don’t hesitate to reach out.

00:23:27.360 I also want to take a moment to thank Skye and Reggie, our AV team here, for making this session such a success.

00:24:10.140 Since you've spent this time discussing unionization, please enjoy this picture of my cat, Olga.

00:24:24.780 My contact information is displayed, so feel free to reach out if you wish.

00:24:37.080 I don’t think anyone wants to see me awkwardly stumble through questions on stage, but I'll be here for a bit if you'd like to chat.

RailsConf 2023