The basics

A labor union is a group of workers who organize together to negotiate with their employer as a collective. Instead of each person negotiating alone, the group bargains together over pay, benefits, working conditions, and other terms of employment. The result of that negotiation is a union contract.

Unions are run by their members. Members elect their own leadership, vote on contracts, and decide priorities together. The right to form a union is protected under federal law by the National Labor Relations Act (NLRA).

Who is eligible?

Most private-sector workers in the United States can legally form or join a union under the NLRA. This includes workers in telecom, tech, media, healthcare, manufacturing, food service, and many other industries.

Some workers are not covered by the NLRA:

  • Federal, state, and local government employees (many have organizing rights under separate laws)
  • Agricultural laborers
  • Independent contractors
  • Supervisors and managers
  • Domestic workers in most states
  • Railway and airline workers (covered under the Railway Labor Act)

If your workplace has never had a union, that doesn't change your right to organize one.

How does the process work?

1. Talk to coworkers

Organizing starts with conversations. Talk to coworkers about shared concerns like pay, scheduling, safety, or benefits, and see who else is interested. Most campaigns start with a small committee of committed coworkers.

2. Find an organization

Most workers choose to affiliate with an established union rather than going it alone. An established union brings organizers, legal support, bargaining experience, and funding. You can reach out to a union that represents workers in your industry, or contact the AFL-CIO for help finding one.

3. Collect signatures

Workers sign authorization cards or a petition to show they want union representation. These are confidential and are not shared with the employer. At least 30% of workers in the proposed bargaining unit need to sign to file for an election, though organizers typically aim for a strong majority before taking that step.

4. File a petition

Once enough cards are collected, the union files a petition with the National Labor Relations Board (NLRB) to hold an election. The NLRB determines the bargaining unit (the group of workers the union would represent) and schedules the vote.

5. Vote

The NLRB runs a secret-ballot election, either in person or by mail. If a majority of voters choose union representation, the NLRB certifies the union. The employer is then legally required to bargain with it.

In some cases, an employer will voluntarily recognize a union when a majority of workers have signed authorization cards. This is called voluntary recognition or card check.

6. Negotiate a contract

After certification, a bargaining committee made up of workers from the unit negotiates the first contract with the employer. This takes time, but the outcome is a legally binding agreement covering everyone in the unit.

Your rights

Under the NLRA, you have the right to:

  • Talk with coworkers about forming a union during non-work time
  • Distribute union literature in non-work areas during non-work time
  • Wear union buttons, t-shirts, or other insignia (with limited exceptions)
  • Sign authorization cards or petitions
  • Attend union meetings

Your employer cannot legally:

  • Threaten workers with job loss or other retaliation for union support
  • Interrogate workers about their union sympathies
  • Promise benefits to discourage organizing
  • Surveil union activities or meetings

If your employer does any of these things, you can file an unfair labor practice charge with the NLRB.

Cost

Members pay dues, usually between 1% and 2.5% of gross wages. Dues fund contract negotiations, legal representation, grievance handling, and organizing support.

No one pays dues until a contract is ratified by a membership vote. During organizing and initial bargaining, there is no cost to workers.

Union members consistently earn more in wages and benefits than non-union workers in comparable jobs, well beyond the cost of dues.

Additional resources

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