Firing Workers for Trying to Unionize?

[Skyhilist]

So I have a new job now. At this job, workers don't have any sort of union. Not only do workers not have a union though, but I'm also told that numerous employees have been fired for trying to form unions. Just out of curiosity, is it even legal to fire someone for trying to unionize in the US? And if so, how would you get around this when trying to organize a workplace? My job is pretty easy and the people in charge likely would have no problem replacing many employees within a relatively short time frame. Oh this information also might be helpful: it is technically listed as a "co-op" which I guess makes it so that the people controlling the business can exploit some loopholes or something along those lines. Basically each worker technically owns a small fraction of a percent of the company, but they can still be fired and lose that.

So to summarize: can they fire people for trying to unionize, and if so, what are some ways to organize if you and your coworkers can easily be replaced?

[PC LOAD LETTER]

Well, retaliation against an employee for unionizing specifically is illegal under federal law. But ... your listed location is an at-will state, so they can fire you for no reason whatsoever if they hear you talking about unionizing. Defense against this would rest on proving the firing is retaliation, which would necessitate the cooperation of other employees, and probably cause an investigation if the claims can be substantiated (ie, not he-said-she-said). Other employees who would then be at risk for being fired for cooperating with an investigation because being fired for no reason is a protected practice in at-will states. So they probably won't cooperate, because their priority is food on the table.

In effect, yes, you can and possibly will be fired "for" union talk, but you won't be told that's what it's for and there will be no record of that being the reason. If need be, they'll find a reason, any reason, to put on paper, but they don't have to.

[Skyhilist]

Thanks for the insights into that. Are there any effective ways that workplaces like this can be organized then?

[PC LOAD LETTER]

Be a model employee (worker bee!) and don't let the boss hear you talk about this stuff, and be damn sure nobody you talk to will rat you out. Once you organize you're federally protected, but in at-will states, retaliation is rampant and it's difficult to prosecute retaliation, and it's possible the unionized employees will be squeezed out over time under the more legally acceptable guise of reorganization or the "elimination" of positions (so you could be laid off if you aren't fired). The odds for you succeeding are much better in high-profile events or if everybody's cool with unionizing, because then you have power (ie, if we think you're retaliating we'll walk out and that's federally protected). If there's like 4 of you who organize out of 20 employees, things could get difficult.

In short, slow and easy. Get on everyone's good side, then you have co-worker support and the bosses won't have time to retaliate before you organize if you can keep it on the DL, and when you do organize, you'll have tangible power. But if you have some co-workers who cozy up to the bosses, time may not be on your side if they get a whiff of what you're doing. It's really dependent on your specific work environment.

I'd say talk to your local (or nearest) IWW branch, they'd be more brushed up on local laws than I will and will probably be able to provide you with the names of local attorneys who can help with labor law interpretation (or they may have attorneys who volunteer or something).