July 2007

To all P.A.C.E. members and interested City of Atlanta employees: Employees have a protected First Amendment right under the U.S. Constitution to join and participate in Unions. 

If your employer tries to interfere with your protected right to join or participate in P.A.C.E, both the employer and the City of Atlanta can be held liable in Federal Court. 

City Ordinances allow all non executive professional or administrative positions as defined by the Fair Labor Standards Act, who are not directors, department heads, installation supervisors, or confidential employees (these are generally employees who have the authority to hire, fire, or discipline employees beyond the level of a written reprimand) to have dues deduction for Union membership.  

Federal law and the United States Constitution secure your rights to join, organize, and participate in a labor Union without fear of discrimination under the First Amendment, the Equal Protection Clause, and the Right to Petition for Redress of Grievances as well as federal anti-discrimination laws.  

Because of these protections the City of Atlanta, its supervisors, and management employees may not, under color of law or threat of discipline: 

1) Promise employees pay increases, promotions, improved working conditions, additional benefits or special favors on condition that the employees refuse to join the Union or vote against joining the Union; 

2) Threaten employees with loss of job or reduction in wages, or use threatening or intimidating language calculated to influence an employee in the exercise of his or her right to support a Union; 

3) Discriminate against an employee who is taking part in Union activities by separating him from other employees; nor may they intentionally assign or transfer employees to undesirable tasks because of Union activities; 

4) Threaten or actually discipline or discharge an employee for soliciting other employees to sign authorization cards or for engaging in other Union activity during his non-working time. However, even though an employee is on non-working time, the employee may be warned and disciplined if they interfere with another employee who is at work;

5) Engage in surveillance of employees attending Union meetings or receiving handbills, or give the impression that employee activity is being watched; 

6) Question employees about their present Union affiliations, internal Union affairs, or Union meetings, nor ask an employee whether he has signed a Union card. They cannot ask an employee if that employee is for or against a Union. It is not improper, however, for a supervisor to receive such information if an employee volunteers it; 

7) Call employees away from their places of work to their office, or any similar place on the premises where employees are unaccustomed to being, in order to urge them to vote against a Union or to urge them to refuse to join a Union; 

8) Ask employees their personal opinions about the Union or the feelings of other employees about the Union; 

9) Systematically visit the homes of employees to urge them to vote against the Union or to urge them not to join the Union; and 

10) Solicit or encourage employees to request return of their authorization cards, or to assist them in writing letters to the Union, to management, or to the National Labor Relations Board. 

It is important to remember that we have to work together to protect our rights and make sure the City of Atlanta doesn't violate your rights, or the rights of your friends, and co-workers. Remember, we are only as strong as our ability to stand up and protect our rights. Please remember to report any violations to the P.A.C.E. Legal Staff as soon as they occur.  

Working together in solidarity to build a better Union and a better City, 

Lance W. Tyler, Esq.

P.A.C.E. Regional Staff Attorney

581 Simpson Street, N.W.

Atlanta, Georgia 30314-3839

(404) 521-9043