Print Page   |   Contact Us   |   Your Cart   |   Report Abuse   |   Sign In
News & Press: Arizona Business News Updates

Can Small Business Workers Unionize?

Monday, April 28, 2014   (0 Comments)
Posted by: Arizona Small Business Association
Share |

With even college football players moving to unionize, small business owners may be wondering: Can my workers unionize too

Here's a basic legal breakdown of when small business workers can unionize:

Only Employees Can Form Unions

Unions exist as a way for employees to collectively bargain with their employers and protect their rights in the workplace.

Unions cannot be formed by independent contractors, although businesses should be aware of the legal distinction between "employees" and "independent contractors." There have been cases in which the National Labor Relations Board has ruled that some unpaid workers are in fact employees, meaning they may be able to unionize.

Some Employees May Be Excluded

Some classes of workers may be considered employees by the NLRB but excluded from forming labor unions. For example, workers in the agricultural or domestic services industries may not be able to unionize. Managers and supervisors may also be excluded from unionizing, even in a large private business.

How Many Employees Are Needed to Form a Union?

Even if your business only contains a handful of employees in non-supervisory roles, they may unionize. The National Labor Relations Act applies to all private employers who are engaged in interstate commerce, and that covers pretty much every small business in the United States. Under the NRLA, an appropriate "bargaining unit" necessary to form a union can be made up of two or more eligible employees who "share a community of interest."

Can You Stop a Union From Forming?

Generally no. Forming a collective bargaining unit (i.e., a union) is a protected activity under the NLRA. Firing or even reprimanding an employee for attempting to exercise her labor rights can lead to an employment discrimination or wrongful termination suit. However, if you feel that a union vote was somehow improper or tainted, you can request review by the NLRB.

Are you concerned about your employees unionizing? Consider consulting an experienced employment attorney about your options.

Originally posted on FindLaw

Click here to search for a small-business supporting lawyer.



Arizona Speaks: Business & Technology

REGISTER

Date: Friday, September 30
Time: 7:00 AM - 9:30 AM
Location: Arizona Biltmore, Phoenix

RSVP

ASBA's MEGA MIXER (Tucson)

REGISTER

Date: Thursday, September 29
Time: 4:00 PM - 7:00 PM
Location: Westin La Paloma Resort & Spa, Tucson

Get $5k-$20 in Free Marketing: Make 2016 Your Year for Success!

In Business Magazine

Use In Business Magazine as a tool to reach your customers for 2016. Through Print, Online, Social Media, Email & Events, you can realize an additional $5k to $20k in free advertising with In Business Magazine over 2016.

LEARN MORE

Small is the New Black

ThinkSmallBiz

What’s trending for 2016? Small Business! This year, resolve to support our local economy by “Thinking Small” at least one time each week! Need help finding a small biz? Visit ThinkSmallBizAZ.com! #ThinkSmallBiz

LEARN MORE

Allowing you to concentrate on what’s really important.

Low and Johnson Inc.

We understand the insurance needs of locally-owned businesses because we’re one, too. As an ASBA member backed by CNA, we’re dedicated to helping small businesses like yours safeguard all you've worked so hard to build.

LEARN MORE

RSVP

ASBA 101

REGISTER

Date: Held monthly
Time: Click to check times
Location: Phoenix or Tucson

RSVP

ASBA Speed Networking

REGISTER

Date: Every 2nd Tuesday of the Month
Time: 3:30 PM - 5:00 PM
Location: Phoenix or Tucson

You're important to us and we want to help protect you

Mutual of Omaha

and your family through the use of insurance products. As a valued association member, you have the opportunity to purchase an insurance policy with lower premiums and/or enhanced benefits not available to the general public. Click here to learn more.

LEARN MORE

Have questions on small business and health insurance?

Health Insurance

Get the latest on individual, sole proprietor, or group plans related to small business. We can help you find the right plan for you, and your employees. Click to learn more!

LEARN MORE

CopperPoint Insurance Companies

CopperPoint Mutual

CopperPoint Insurance is Arizona's premiere provider of workers compensation insurance. We've been providing coverage and advocating for Arizona businesses, small and large, throughout the state since 1925.

LEARN MORE

Association Management Software Powered by YourMembership.com®  ::  Legal