HOW TO MAKE AN EMPLOYEE ASSOCIATION

In the USA employees have the right to form and assist organizations that help them act together. Most of the time a union is what we think of for this purpose but many employees don't like big impersonal unions but yet want to act together for their benefit.

For a description of your rights to form your own union you can go to the National Labor Relations Board web page at http://www.nlrb.gov/ . This page has cases, forms and a list of all the regional offices in your State.

The US Congress past the National Labor Relations Act for American Workers - so you don't have to be in a union - make one for yourself and your fellow workers then go see your boss and tell him/her that you want to bargain.

YOUR ACTIONS ARE PROTECTED BY LAW!

Here are the main points:

You need to have an Association to have a legal entity to work from. There are 2 files that you can down load for this purpose. The files were originally written by Labor Attorneys in Washington State and so all the references are to Washington State. If you live in another State contact you Secretary of State for forms and guidance in filing a "not for profit employee association" then use the files we have on this sight for models to work from. In Washington State you are all set.

Click here to for the web page example of the Bylaws Page.
OR
Click here for a word document
(.doc) of the Bylaws for your use.
Click here to for the web page example of the
Articles of Incorporation Page.
OR
Click here for a word document
(.doc) of the Articles of Incorporation for your use.

Download the files and fill in the name of your Association as well as the names of the 3 or more people who will form the Association to get it filed with the Secretary of State. Get a PO Box so you have an address.

In the forms you download change the blank lines as needed with any word processor.

Once you have your forms all fixed up call your Secretary of State and ask them how many copies of the "Articles" do you need to file and what is the filing fee. Send the Articles and fee to the Secretary of State (or better yet go in person). One of the workers may need to loan the association some cash to get the PO Box and to pay the filing fee but it is worth it to get your own union.

The Secretary of State will issue the association a "license" and you will probably get a lot of forms from other state agencies such as unemployment and workers com. Also you may get forms from the tax collecting agency of your state. Tell them all that the Association has no employees and collects only minimum dues for the support of the Association.

Once you have your license form the State you are ready to get into business of representing workers at your place of employment.

Hold an executive Board meeting (keep some notes of what you do) and set the dues rate ($20.00 per month or more or go low say $35.00 per year with a $20.00 initiation fee)

First you need to have employees sign a Designation of Representative Form. We have a sample for you Here.
Fill in the petition and then have other workers sign it asking your employer to recognize the association and to bargain with it for wages, hours and conditions of employment.

What if the employer says no? - well you should take your petition to the NLRB and ask them for assistance in having a vote at your work. The NLRB is in existence to help you so call them. To get the address go to http://www.nlrb.gov/

Remember that once a year you need to fill out an IRS form - Call your IRS office and ask them for the form or go to http://www.irs.gov/ and you can ask a question over the web. Just fill in the form. They will help you get what you need.

The Secretary of State will also send you a form once a year to renew your association as a legal entity in your state. You need to fill this out and send in the fee to stay a legal association.

You may need to complete a form with the Department of Labor to report your status as an employee association. To get information form the Department of Labor go to http://www.dol.gov/esa/regs/compliance/olms/10StepBroch.htm to see about how small unions work.

It all appears to be overwhelming but once you get started you will find that lots of Government agencies will help you. After all your association is what the law was all about to begin with - employees banding together for their own improvement!

DESIGNATION OF REPRESENTATIVE FORM

- You need one form filled out be each person you work with - save them as this is the most important form of them all.

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DESIGNATION OF REPRESENTATIVE

The below signed does certify that I am an employee of ___________________________ and that I want ________________________ Employee association to represent me in collective concerted activities with my (our) employer. My signature hereby delegates my bargaining rights to the named Association for a period of one year and is a request for recognition of the Association for collective bargaining or a request for a secret ballot election to determine the question of representation.

Name ________________________________ SS No. ___________________________

Hire Date _____________________________ Job Title __________________________

Signature ___________________________________________ Date ________________

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As soon as you have 30% of all employees that are not supervisors/managers you can go the NLRB or your state labor agency and ask for a vote.

BETTER YET - GET OVER 50% OF EMPLOYEES TO SIGN A "CARD" AND ASK THE BOSS TO VOLUNTARILY RECOGNIZE THE ASSOCIATION