It’s not surprising that there’s unrest in the workplace.
Wages haven’t kept up with the times — according to the Economic Policy Institute, productivity has grown nearly four times as much as the rate of pay from 1979 through 2021.
As union members in the Writers Guild of America and Screen Actors Guild – American Federation of Television and Radio Artists strike for equitable compensation structures and working conditions, it may be time to unite with your colleagues to spark a revolution, too.
“We’re seeing people coming together to build strength in numbers and it seems to be shining a greater light on the need for change,” said Chris Deaver, co-founder of leadership consultancy firm BraveCore and co-author of “Brave Together: Lead by Design, Spark Creativity, and Shape the Future With the Power of Co-Creation” (McGraw Hill, out Dec. 5). “We can all ignite brave conversations. And they are powerful. Anyone can do it. People who don’t share their voice can expect things not to change.”
Anita Hollander, a 67-year-old actress, singer, composer and director in Hell’s Kitchen and national chair of the SAG-AFTRA performers with disabilities committee, said, “I’m on the picket line, and I have one leg! I’ve been in the union for 40 years, but this is the first time on the picket line that I feel the power that we do have. We are influencers in our own way — sticking to something, speaking up, standing up for our rights and not backing down till you get progress.”
Whether you’re in a union or not, workers have rights and power.
The National Labor Relations Act is a federal law allowing employees the right to create or join unions.
The National Labor Relations Board, an independent federal agency aimed toward protecting employees’ rights to organize in pursuit of better working conditions and more, outlines a simple process for forming a union: launching a petition, getting signatures and then securing a vote.
“The National Labor Relations Act generally protects private-sector non-management employees (with or without a union) from being terminated for approaching management about terms and conditions of employment in a concerted manner,” said Hartford, Conn.-based Joshua Hawks-Ladds, co-chair of law firm Pullman & Comley’s labor, employment law and employee benefits practice, noting that the NLRA does not generally apply to managers.
There’s another level of protection in New York: A labor law on whistleblowing prohibits employer retaliation.
For instance, if you’re a nonexempt hourly employee and entitled to overtime pay for the time you worked and don’t receive it, and get terminated for complaining, Hawks-Ladds said, “That triggers state and federal laws against retaliation.”
Andrew Lieb, employment attorney and managing partner of discrimination, employment and real estate litigation firm Lieb at Law in Smithtown, LI, recommended evaluating your situation by researching the laws (federal, state, city and town) and implementing a strategy instead of acting first. Speaking to an employment attorney is key for insight.
There are pros and cons to think about when considering a union.
If you want to sue your employer and you’re in a union, Lieb says you often have less time to sue or can only settle for mandatory arbitration.
You may not need to unionize.
If you have a work issue, your immediate course of action typically involves speaking with human resources or general counsel noncombatively.
If talks don’t go well, consult with an attorney about perhaps quitting and then bringing legal claims against the employer.
Lieb, who sees a lot of issues around unpaid time off and time-and-a-half, said, “You may find that the employer wants to do what you want to do anyway. I would not go in with guns blazing unless you have a lawsuit, and you’re planning on bringing it. Employers are very concerned about morale.”
Additionally, it’s important for employers to keep lines of communication open and address concerns quickly and fairly by building a “culture of compliance” for employees to address concerns with management.
“Without this type of culture, small, solvable problems can snowball into major issues,” said Hawks-Ladds.
However, things could escalate if a union member is not being paid correctly. Hawks-Ladds said, “A union is going to file a grievance immediately in accordance with the contract. Since a strike is really only something that can happen with unionized employees after the failure of a prescribed contractual process, employers without unionized employees are more concerned with retaining talent and ensuring their employees are happy and productive members of the team than employees ‘striking.’”
A strike is usually a last-ditch effort after everything else has failed, particularly considering striking workers pause their careers and forfeit incoming pay for an indefinite amount of time.
“You can bargain over wages, hours and terms of conditions of employment, and you can strike by that,” said Lieb. “A strike is war. It’s a tool in your arsenal — you want to have that leverage over the employer — but it’s not what anyone wants.”
For Hollander, however, the short-term sacrifice is worth the potential rewards.
“We stand to gain more than we’ve lost, including wages, residuals, health coverage and more accessibility and inclusion,” she said. “I would strongly recommend we all stand together, because, like so many things in history, the more of us who ‘Show Up in Unity,’ the more power we have at the bargaining table.”
