Can a Manager Be Part of a Trade Union?

Trade unions in the United States represent skilled workers, such as carpenters, electricians, plumbers, and welders. The goal of a union is to collectively bargain for better wages, working conditions, and benefits. However, only some workers are eligible to join a trade union. 

To join a trade union, one generally needs to be already employed at a certain skill level in the field the union represents. Trade unions may require that a member has completed an apprenticeship in the trade, has relevant licensing, or that they acquire licensing as part of joining the union. 

Additionally, a prospective member must have their application to the union accepted. In some cases, this can involve utilizing trade union online voting. Once accepted, the new member has the same rights and obligations as other union members.

Managerial Roles and Unions

Traditionally, trade unions are formed by employees and represented by elected union leaders. Managers and supervisors, on the other hand, are not typically allowed to join a union. The specific federal law that governs this is the NLRA (National Labor Relations Act). 

The NLRA defines an employee as anyone who is employed by a company that is not a supervisor or certain excluded classes. These excluded classes include independent contractors and those who work for industries covered under different federal labor acts, such as the Railway Act. 

The definition of supervisor or manager, according to the NLRA, is any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees. Supervisors or managers also have the responsibility to direct other employees, adjust their grievances, or effectively recommend such action. 

Supervisors and managers aren’t covered under NLRA because they are seen as acting in the interests of the employer rather than the employees. This risks creating a conflict of interest. 

For example, a manager who has the power to decide schedules and raises cannot collectively bargain alongside employees for higher wages or more favorable schedules. The supervisor and the employer are the people negotiating with the employees and cannot advocate from an unbiased standpoint. These distinctions are often handled on a case-by-case basis, and many unions have specific rules that govern at what point a person becomes a supervisor rather than an employee. 

Can Managers Form Their Own Union?

Theoretically, managers can form a union, but they are not protected by the NLRA. Certain states may have laws that allow managers to be part of certain unions, but these are the exception and not the norm. Secondly, the managers would need to collectively bargain with the executives of the corporation separate from any employee union bargaining. 

In practice, managerial unions are rare. Typically, what happens is the managers attempt to get classified as employees rather than supervisors. An example would be a nurse supervisor in a hospital who has nursing duties in addition to sometimes overseeing scheduling or decision-making. In cases like this, the courts have sometimes found they may be classified as employees. 

Facilitating Unions

Union eligibility for managers is an area of some debate, and labor laws can be complex and vary between states. A key aspect of this is union voting, but how does trade organization voting work? Normally, union votes are held on a periodic basis or when there are pressing issues that require immediate attention. 

In order to facilitate the ease of union voting, ElectionBuddy offers online voting that is secure, convenient, and transparent. Online voting boosts participation and enhances the democratic process, benefiting members and ensuring that everyone's voice can be heard!