If a hiring manager asks you a question about joining a union.....

A while back I received a call from a factory nearby to join their workforce. They told me this was for * (bleeped out for the time being, unless this could be an "actionable" cause.)

The lady on the phone whose name I can not recall, explained to me that she would like to have an over the phone interview with me. I agreed since I already have a job and was walking home because I don't own a car anymore. She asked me a few general questions like my work habbits, and what my experience was in a factory. And as soon as I said I did not know what it was like to work in a factory, but I have done "stocking" before with 2500 piece trucks. She immediately asked me with a pretext, and specifically wanted a Yes or No answer only the following:

"Would you join a union?"

My response to this question went like this:

"It depends on the situation."

"I want to know yes or no if you would join a union."

"Again it depends on the situation; If the labor union is correct I will join them. If I find the labor union to be incorrect I will ignore them."

(Basically what I am saying is that some labor unions get it right and are there to help out the general worker. But I have joined some labor unions that ultimately I can not agree with. And yes there are some retarded unions out there. I am very careful about which unions I join and which ones I ignore.)

But the lady on the phone was perSISTENT in hounding me for a final answer of yes or no. OF WHICH I remained CONsistent in my final answer!

"Again I would have to figure out what is going on in the company versus what the workers in the labor union perceive about your business. Because for me time and time again I have joined Unions in the past only to find out a lot of people just don't wan't to work, instead they want to socialize and slack off. So I quit their unions and they ask me "why." So again I will say it depends on the situation."

The interview ended there. I never got a call back. I have not pursued an interest in working with a company because of how this interview went.

But two months later I am left asking myself if it is perfectly legal for a company to ask you this question in an interview? Is this allowed or not?

I have been debating with a friend of mine who says himself "it depends on the situation between you and the employer."

So here is a huge grey area for me because I can't google, or find anyone else talking about this at all on the internet... Maybe my google search is broken, or maybe no one has ever come across this before from an employer. But seriously I remember the question of "will you join a union" being clearly stated in the phone call.

a reply to: GiulXainx

If you want the job say no. It won't be binding.

a reply to: GiulXainx

They are not permitted to ask you if you were ever affiliated with a union, this one seems borderline and I would ask an attorney specializing in labor law for a more definitive answer.

I'm not sure about the legalities of it now or then, but almost 20 years ago I worked in a factory and every other wall had signs on them about not joining unions and automatic termination for those that discuss them or join them. The signs were posted openly. Other signs about unions included one saying that they strived to give their employees the best and if the employees felt like it wasn't the best then they should seek other employment.

Walmart also made it very clear to us (mine at least) that discussing unions would draw unwanted attention.

Take that for what it's worth.

As the above poster said... If you want the job?? No is the only answer you should give.

a reply to: GiulXainx
I don't think they can ask that kind of question. see an Labor Attourney

a reply to: GiulXainx

Factories normally don't want their workers to engage in collective bargaining via a union.
They want to control your wages, work hours, vacation time, workmans comp with no questions asked by the worker scum.

Contact your state board of labor relation. Even asking the question may have been illegal.

a reply to: Kangaruex4Ewe

Hang on. Don't labor laws explicitly tell you that termination over the recruitment into a union is illegal or unconstitutional?

As it says from NLRA: (It is illegal for an employer to: ) Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.

SOURCE: NLRA

a reply to: olaru12

My problem is that I hate working with customers. I enjoy doing monotonous tasks like slicing meat, sweeping stores, cutting grass, groundswork, janitorial. I like jobs where I don't have to talk to anyone. I just work until I hear a bell telling me to go home... or wait until my manager figures out I am still working past my time.

I hate customers. I hate talking to them, selling to them, even seeing them. I don't like engaging with customers. I #ing hate them. I really want a job at the trash factory but they never *ing call me!

a reply to: GiulXainx

Hang on. Don't labor laws explicitly tell you that termination over the recruitment into a union is illegal or unconstitutional?

That's what the law says but a company can always find an excuse to fire you.

a reply to: buster2010

Yeah I understand that. I have had some unwanted attention placed upon me and I was fired once for apparently being a hostile worker. Somebody from out of no where decided to file paperwork against me saying I threatened him, and he felt threatened by me because he took one of my friendly gestures as an act of violence against him. (Fake out punch that turns into a hand that wants a hand shake or a fist bump. I used to do it a lot with my co-worker friends. Everyone understood it but this dude apparently didn't get it.)

So I was segregated from the "group" and placed on similar duties elsewhere at the expense of the company.

Later I was terminated for some other legal reason (background check failure.)

I can say I was scrutinized, but the background check thing was a whole other deal between me and a PI. I knew eventually I would be terminated so I wasn't surprised when I did. However the manager had conflicting views on me when I was fired. But that is a whole 'nother story! One that I love telling to my best friends because man.... Its like a Mafia deal. I get to be separated, without being killed for it. HAHA. I can still claim my name to this day.

BUT returning to the point I was trying to make....

I have seen others get extra special attention at my previous workplaces only because they were socializing about the union during work hours. And actually were slacking off to push the effort of reaching peoples ears with the union. And that is NOT allowed. And it would be common sense to get people while off the clock AND OUT OF UNIFORM to talk about unions. But of course they annoy me still in parking lots.

I do not think this is an illegal question, but it may be missing the point. The more political answer that maintains your integrity is to say, "I understand that in some places it is mandatory to join a union, or you can be fired. (This is true.) so if this is a closed shop then I would not have any choice, would I? I would be required to join the union, or I could not work, so in that situation, then, of course I would because I wouldn't have a choice. But I can't say that would be my preference."

It sounds like the hiring manager was reading from a pre written script with the instructions to not leave any answer blank. In the future try responding with Not Applicable. Written as N/A.

a reply to: GiulXainx

You think that really matters??

People are fired every day for different reasons. All they have to do is wait for you to come in late... Then poof.

In the real world it happens all the time. Most of us just deal with it because most can't afford not to.

you must not be in the U.S. ( unless the laws have changed) because in the U.S. we have closed shops, which means if you want to work at a particular place that has a union you have to join the union,so there would be no point in asking you if you would join.

you should have asked her this; ( Do I have to join the union in order to get the job?)

I worked at a closed shop once.
I went to only one union meeting, as one of the few non minorities at the meeting I was yelled at, I was threatened,i was called a racist, I had the tires of my car slashed while it was in the union hall parking lot and I was at the meeting, needless to say I never went to another union meeting. I would probably still be be working at that job if it wasn`t for the union, I loved the job , hated the union.

a reply to: GiulXainx

Here is what I would say 'if I am required to join a union as part of the condition of employment, then I will join...Otherwise, I will not join a union since I want to be judged by my capabilities only, which far exceed that of the group"

When they ask a yes/no question, answer yes or no

a reply to: GiulXainx

Workers have the right, under the National Labor Relations Act (NLRA), to refuse to join a union. However, some collective bargaining agreements -- the contracts between the employer and the union -- require a company to employ only union workers to do certain jobs. One major reason unions want these contracts is to share the burden of the union's work. The union is required to represent everyone in the bargaining unit, regardless of their union membership. Requiring everyone who gets the benefit of the contract to be a union member solves the problem of so-called "free riders," who reap the windfall of the union's work but don't pay the price.

Link

Ask to see the agreement or booklet in advance if asked to join, don't answer like you don't want the job. Remember, you can leave any time. Depending on hour many hours you're after or only getting what they're offering, the contract agreement's rules may apply differently to you. Full time? Usually good pay with benefits. 16 hours or less? Squat...

Closed shop huh....

It shouldn't be a requirement, nor should it be a deterrent. The answer I am trying to convey is that I am more neutral when it comes to unions, but I have to see what the conditions, arguments, requirements. Pretty much everything is.

That booklet suggestion.... why the hell didn't they just wait to ask that question when I was in the flesh? If there was a requirement to join a union in order to get the job then why wasn't a website advertised for me to see over the phone? The way they made this sound it seemed like they didn't want a union, or were having trouble with the union. Honestly the whole thing put up a bunch of red flags for me. It kept saying in my own head stay the # away from this #. This job or career would be another big waste of my time. Why bother going any further?

You see this is why I didn't even trut the company to begin with. It isn't exactly informal. In fact it made me feel like an alien.

In the sense that if you don't already know everything then we don't want you. Just like the 2 years experience bs job postings.

Those are the worst jobs to apply for in my opinion for several reasons in the current state that I live in. But that in itself is a whole 'nother story.

But still. The way the question was pretexted to me it seemed like a yes answer or a no answer really didn't sound so obvious. Why can't I be free to decide wether or not I want to join the union after obtaining work? That is a huge issue I have with this debate here.

Same thing with chick filla. Only christians who are holy can have a job there. And if you violate any law from god you are fired. But you have to set your affinity with God.

Why can't there be an agnostic approach?

lol unions I hate them. I worked in a super market and they took money from me every check. I had to sign with them to keep the job.

now listen to this I called in sick had a manager approve because I informed him if my calling in sick would cause trouble I could work. I showed up for work the next day only to be suspended. The suspension never lifted and after 2 months I went to court over the deal. I swear to you the store manager quote said " I put him on suspension so he couldn't collect unemployment! Something highly against the law and my union lawyer heard this. I informed them about how the store manager tried to bribe me into a position as a front end manager when I caught them showing favoritism to certain employees. However I wasn't as stupid as they thought because as a front end manager i wasn't protected by the union" lol protected by the union"! The lawyer basically rolled over on me and i was illegally fired and put on suspension so i couldn't collect what I have a right to anyways.

After they rolled over on me I got a bill from the union for the months I was suspended, like i still had a job. Unions don't have power they have the illusion of power! especially in positions where they can train someone off the streets. Most are leeches!