Your Right to Organize - It's Your Right!
Q. Do I have a right to engage in organizing activities in the workplace?
A. Yes! You have a legal right to engage in organizing activities in the workplace.The company or organization may prohibit organizing activities, but in the absence of special circumstances, an organizational or company rule that prohibits organizing activities on non-work time in non-work areas is considered 'interference' with your rights and violates the National Labor Relations Act. Public employees' bargaining rights are covered under the Public Employment Relations Commission (PERC) which the Washington State Legislature created in 1975 to provide for "uniform and impartial...efficient and expert" administration of state collective bargaining laws, to "ensure the public of quality public services."
Additionally, a valid organizational or company rule limiting distribution and solicitation may not be enforced in a manner that treats union organizing activities differently than other non-union related activities.
Q. What organizing activities are acceptable in the workplace?
A. Both workplace solicitation and distribution on behalf of your organizing drive are permissible on the employer's property. However, different rules related to workplace organizing apply to those activities classified as 'solicitation' and those activities classified as 'distribution'. Solicitation includes seeking signatures for a representation petition or handing employees representation cards. Distribution includes activities such as handing out flyers or other materials.
Q. When and where can I distribute union flyers?
A. You can distribute union flyers at your work site during non-work time. However, your employer does have the right to prohibit distribution of union flyers in your immediate work area.
Q. Can I be prevented from talking about the union?
A. Mere talking about the union, absent solicitation of cards, cannot be banned.
Q. May I solicit employee signatures on the employer's property while I am off duty?
A. Yes. Your employer may limit your access to work areas while you are off duty, however, you should be allowed access to nonworking areas. If the employer prohibits you from interior areas of the worksite, that prohibition must be clearly communicated to all employees and must be enforced equally regardless of the purpose for the access.
If a supervisor or an employer official questions you about any organizing work please inform a member of your Organizing Committee or contact Local 17 at 800-783-0017, ext. 118.
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