If you have school-aged children, you probably think of Labor Day as a day to catch up on sleep after scrambling through the beginning of the school year. If you are an employee of a car dealership, you probably see dollar signs, and in the unlikely event that you are a fashionista who adheres fastidiously to the rules set by etiquette books published two generations ago, then Labor Day is your last chance to wear white before you trade in your sundresses for sweaters. The origins of Labor Day have to do with aspects of work that many of us take for granted. In the late 19th and early 20th centuries, states began to observe a public holiday to celebrate the contributions of workers to society and the accomplishments of the labor movement. The work of labor unions has paved the way for many of the employment laws we take for granted.
When you studied American history, you probably learned about the dystopian conditions of the U.S. workforce before the labor movement of the late 19th century. Labor unions still exist today, and there might even be one that represents your industry, whether you work in the public or private sector, and you have the right to participate in it. The Bozeman retaliation for union activity lawyers can help you if your employer is trying to prevent you from engaging in union activity.
What is a Labor Union?
A labor union is an organization of workers whose purpose is to advocate for the interests of workers in their occupation, or for workers in general. The labor union movement began in the 19th century when industrialization allowed for increased productivity, but it also brought about dangerous and exploitative conditions. Workers, some of them as young as today’s elementary school children, worked 12 hours or more per day. They operated dangerous machinery and received such low wages that they remained in poverty no matter how much they worked.
Disastrous workplace accidents were common, and employers usually took no responsibility for the workers’ injuries. You may have learned about the Triangle Shirtwaist Factory fire of 1911, in which dozens of workers died as a result of a fire in a clothing factory in New York City; one reason the casualties were so high is that the company had a policy of locking the doors so that workers could not leave without permission. If the employer had observed today’s workplace safety standards, the workers would have been able to get out of the building safely.
Labor unions negotiate with corporate leaders and voice their concerns to lawmakers to ensure better working conditions for employees. They advocated for many of the provisions of employment laws that we take for granted today. These include minimum wage laws, overtime pay, and the Montana Wrongful Discharge from Employment Act. The Family and Medical Leave Act, the Occupational Safety and Health Act, and the Workers’ Compensation Act all take their inspiration from the early work of labor unions.
Who Can Participate in a Labor Union?
Most participants in labor unions are workers who get paid an hourly wage instead of an annual salary. The labor union movement originated among factory workers, but manufacturing is only one of the sectors in which labor unions are active. Full-time employees as well as part-time employees can participate. Labor union participation increased throughout the first half of the 20th century, peaking in the 1950s. The percentage of the workforce that belongs to unions has declined since then, due to several factors. First, managerial employees tend not to belong to unions, and there are many more managerial employees now than there were in the 1950s, due to the increase in corporate jobs and the tech sector. Furthermore, the gig economy has made a comeback in the past 20 years, so many workers do not have a formal enough relationship to their work to enable them to participate in a labor union. Some would say that we are returning to the kind of labor market that made the work of labor unions necessary in the first place.
How Does Collective Bargaining Work?
Collective bargaining is when the employees represented by a union agree on an issue about which they want the union to negotiate on their behalf. It could be something like better pay, paid leave, or more affordable employer-provided health insurance, to name just a few possible issues. When state employees engage in collective bargaining, the Montana Office of Labor Relations appoints several union representatives to form a bargaining unit. The bargaining unit then negotiates with the state to achieve a resolution that is acceptable to both parties.
Labor Unions, Protected Activities, and Employer Retaliation
Protected activities are things that employees have the right to do without fear of punishment by their employers. For example, filing a workers’ compensation claim, reporting workplace safety hazards to the Occupational Safety and Health Administration (OSHA), and requesting accommodations for a disability are all protected activities. Participating in a labor union is a protected activity. The protected activity status applies not merely to maintaining an active membership in a union, but also to representing your union in collective bargaining, as well as to union activities that employers find especially bothersome, such as participating in a labor strike or a protest demonstration with members of your union.
If an employer takes an adverse action against you for your participation in a protected activity, including but not limited to union activity, this is unlawful retaliation. Adverse actions can mean termination of employment or reduction of pay. They can also be more subtle, such as subjecting your work to intense scrutiny or sending mixed messages about what you are supposed to do, as well as general bullying and unpleasantness.
HKM Employment Attorneys for Employer Retaliation
The Bozeman employment lawyers at HKM Employment Attorneys LLP can counsel you about employer retaliation claims arising from your participation in a labor union. Contact the employment lawyers at HKM Employment Attorneys LLP in Bozeman, Montan,a to set up a consultation.
