What is Back Makers United?

The union is you, me, and all of our colleagues in the US branch. The union is us, and it’s already powerful and in motion.

A common misunderstanding, often reinforced by employers who want to stoke anti-union sentiment, is that a union is an outside group or a third party that intervenes between management and workers. This isn’t true.

We’ll need to work together to shape our working conditions and push management to make better decisions that benefit all of us. Unionizing is the only way for us, as workers, to have a voice of power in the workplace.

This document was written by your colleagues, Back Market workers, to address the questions we’ve been asked throughout the unionizing process.

The Department of Labor defines a worker’s union as “a group of two or more employees who join together to advance common interests such as wages, benefits, schedules and other employment terms and conditions. Joining together — or ‘acting collectively’ — workers represented by unions have a powerful voice that strengthens their ability to negotiate with their employer about their concerns. Higher wages, health insurance, vacation days, paid sick leave and retirement benefits are a few examples of what workers achieve through their unions. Workers also pursue other enhancements — such as flexible scheduling, protections against harassment, and safer working conditions — that improve the quality of jobs and workers' well-being.”

THE UNION IS YOU, ME, and OUR COWORKERS.

The union is us. We already have a union.

Why do we need a union?

Because a sustainable future should include us too.

As things stand, Back Market has 100% of the control when it comes to our working conditions. And despite our B Corp status, Back Market is still a venture-funded business with investors to please. This means that in any high-level conversation, shareholder profits will come first - mission second - and workers last if at all.

With a union, the relationship is much more equal. A union would let us negotiate for things like:

• better benefits and PTO

• humane time and attendance policies

• protection against layoffs and random firings

• pay that reflects the actual cost of living

With a union in place, you’ll have options if you’re being harassed or discriminated against. You’ll have support if you’re targeted with a PIP. You’ll be able to know that someone has a seat at the table, a voice in the conversation arguing on your behalf. Having a union means we take care of each other.

What is collective bargaining and how does it work?

What’s more “sabotage” than changing the game for workers?

The next step after we win the election is preparing to exercise our rights as workers to collective bargaining. Collective bargaining is a process for workers and management to negotiate a contract on the terms and conditions of employment.

How collective bargaining works:

1. After we win recognition, we will develop and share a survey with all members to democratically determine our policy priorities.

2. The membership, known as the Bargaining Unit, will then elect a group of representatives from the unit known as the Bargaining Committee. The Bargaining Committee will work with OPEIU staff to develop proposals that reflect the desires of the members.

3. The members will continue to place pressure on leadership to accept these proposals and win as many changes as possible by creating a Contract Action Team — a group of workers designed to win the best contract possible.

4. The Bargaining Committee, the OPEIU Staff, and the entire Bargaining Unit will meet regularly to review proposals and developments in bargaining.

5. Once a tentative agreement is made between management and the Bargaining Committee, the entire Bargaining Unit — including you — will vote on the proposed contract.

6. After the contract is approved, members will continue to meet with management to address any issues that arise through a labor-management committee.

Is there any downside to being in a union?

Unfortunately, the biggest downside often comes from employers using union-busting tactics. Most employers will spend countless dollars on outside law firms and consultants who specialize in stalling or disrupting union organizing. There might be disinformation campaigns, increased surveillance, or captive-audience meetings where leaders will attempt to frighten and guilt employees out of organizing.

However, these tactics are 1) illegal and 2) much harder for employers to pull off once the union has gone public with broad employee support. The headline is, yes they may try to make your life harder - but we will support each other and have the backing of OPEIU to help us every step of the way.

Who is OPEIU?

The Office & Professional Employees International Union Local 153 (OPEIU Local 153) is an established union that “supports workers throughout New York, New Jersey, Pennsylvania, and Connecticut.”

We chose to work with OPEIU Local 153 for their expert guidance and legal support. We have not paid OPEIU anything for this expertise and will not pay anything until our first Union contract is ratified by democratic vote by workers, at which point dues are $49.50/month. Their job is to work with us to get our goals met.

Together, we can better fight for our interests in the legal collective bargaining process for better working conditions, compensation, and benefits. No matter how much leadership may spend to challenge our right to organize, OPEIU Local 153 will provide the legal support to defend and win our union election and a fair, strong contract.

In addition to supporting us, OPEIU Local 153 supports over 12,000 workers throughout New York, New Jersey, Pennsylvania, and Connecticut. They “empower working people to make the changes they want to see in their workplaces and their communities” while also advancing “economic justice for all working people.”

While OPEIU is our parent union, we will still be in charge of winning, negotiating, ratifying and enforcing a contract that reflects our interests. We will be the ones who determine the terms and conditions of our employment — not anyone else.

Does it cost money to be in the union?

Union dues ONLY begin once your contract is ratified. That means we need to win recognition, negotiate a contract, and vote democratically to approve the contract. This process can take around 9-12 months. As a newly organized group, we will not have to pay initiation fees.

Union dues at OPEIU Local 153 are $49.50 (roughly one DoorDash order) per month. We will always negotiate compensation agreements in our contracts which increase beyond the amount of dues so that we are better off economically by paying dues.

The dues go toward paying OPEIU staff to

1. Help us make more money and have better working conditions

2. Support our organizing campaign, which we have paid nothing for

3. Helping other workers who want a union at their workplace to build one!

Union dues allow us as workers to pool our resources to build our power and win the strongest contract possible. At Local 153, there is an elected Executive Board of workers and labor experts, who oversee all spending. All members have the right to give input into how money is spent through regular membership meetings.

Local 153’s financial records are audited on an annual basis and the federal government has strict rules governing how money gets spent.

Who will make decisions about what our union does?

The workers of the US branch of Back Market will make decisions together, with advice from our experienced union representatives from OPEIU. The Organizing Committee that leads this work is composed of your colleagues — in-office and remote, of varying levels and departments — who are committed to engaging with their coworkers.

We work together to make collaborative decisions about strategy and communications. We all participate in various committees to support the many types of work required to make a union run. 

No one outside of the workplace will do it for us. We want you to get involved in the Organizing Committee. If you’re interested, reach out to the colleague who chatted with you about joining!

What will be in our contract?

It is up to us, the employees, to decide what to negotiate for. This is where we will need to communicate, have strong relationships with our colleagues, and work together. 

When we win union recognition, we will elect a negotiating committee from among our co-workers. This committee will survey the workers to determine what we want in our contract. Then, with the assistance of professional negotiators, the committee will sit down with management to negotiate a contract. Both sides must bargain “in good faith” to reach an agreement on each part of the contract, including pay, benefits, schedules, advancement and more. The contract will only take effect after it is approved (“ratified”) by a majority of the workers. 

There are two types of issues we will bargain over: mandatory subjects of bargaining (wages, bonuses, group health insurance, layoff procedures, recall rights to previous positions, PTO, etc.) must be negotiated over. There are also permissive subjects of bargaining (expanding people included in the bargaining unit, public credits for work on media content, putting the union label on content) which we can agree to bargain to.

How are we working with the other unions at Back Market?

As you may or may not know, there are already unions in place in Back Market’s EU offices. We are working closely with leaders in these groups to build solidarity and support for our organizing campaign. With those relationships in place, we’ll be able to count on our fellow union workers to back us up in the case of layoffs, retaliation, or strikes - Back Makers one for all and all for one!

What are the risks if I support the union?

The biggest risk is of being targeted or retaliated against for union activity. While this would be a blatant violation of your rights, companies unfortunately union-bust all the time and have a lot of tactics and resources at their disposal. If any union-busting happens at Back Market, we’ll have your back the whole way. Read on for your rights and some common union-busting rhetoric you may hear:

From the National Labor Relations Board:

“Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."

Section 8(a)(1) of the Act makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act.

Leadership cannot retaliate against any of us for attempting to unionize. While they may try to dissuade workers from voting in favor of a union, they cannot ask you how you plan to vote or about organizing activities.

If you feel your rights or one of your co-workers rights are violated, please email David Hamer-Hodges (dhodges@opeiu-tristate.org). We will discuss whether to file an Unfair Labor Practice charge with the federal government and seek legal representation for the case.

Will management take away anything we have now when we win?

No, management may not take away the benefits we have now when we win a new contract. Once we vote to form a union, management cannot alter any of the current terms or conditions of our employment, including compensation, without negotiating. In negotiations, we will democratically decide what is acceptable. Each member will have the chance to express their opinion by joining negotiations, then either ratifying or rejecting a proposed contract.

Simply put, what we have now is the floor for where negotiations begin.

What are common union-busting tactics or pieces of misinformation I may hear?

We seek a fundamental redistribution of power that gives workers an equal seat at the table wherever decisions impacting us are made. Unfortunately, management is likely to oppose our effort to unionize for the same reason. It is in the best interest of the Ops Team for workers to not have this power. Here are some common tactics that employers use to discourage employees from supporting a union or to erode trust, support, and slow the process: 

Note the crucial differences between our interests and the interests of senior management and the Ops team. While our union supports giving members a democratic voice in the conditions of their employment, leadership does not. If any part of management were to take any illegal action, including terminating your employment for your union support or even simply questioning you about whether you support a union, your colleagues and the OPEIU staff are here to defend you. OPEIU will help file an unfair labor practice charge if appropriate and seek immediate injunctive relief to correct any undue harm as fast as possible. Be sure to familiarize yourself with the S.P.I.T. acronym; document and report any actions that may violate these conditions. 

● Surveil: Management may not conduct unlawful surveillance of members’ unionactivity. Identifying, tracking and surveillance of members ’ discussions about the union or union meetings is illegal. 

● Promise: Leadership must not directly or indirectly promise any benefits or reward members for refusing to sign a union card or for voting against your union. They may not promise a wage increase or give preferential treatment in exchange for refraining from union activity. Encouraging members to withdraw or repudiate union authorization cards is also unlawful. They may not solicit grievances about working conditions while expressly or implicitly promising corrections if members do not form a union. 

● Interrogate: Leadership should not interrogate any worker as to whether they favor the union, have signed a union card, or have gone to a union meeting. You can always say that you are not comfortable answering their questions. Remember to ask whether they have talked to others, whether they know if they are allowed to ask, and if they have concerns about members forming a union and what they are. 

● Threaten: Leadership must not threaten employees with harm or reprisals (economic or otherwise) if they decide to get involved with the union or sign a union card. 

What does the unionizing timeline look like?

Once we attain the support needed in the office (our numbers are growing every day!), we’ll announce our intention to form the union and distribute cards for Back Makers to sign. We plan to announce during the end of Q4, in order to underscore that holiday profits begin and end with our labor.

What is card signing? What happens after that?

Once union authorization cards are distributed, organizers collect signed cards to show employee support for union representation. At least 30% of eligible workers must sign cards to petition the NLRB for an election, while more than 50% (a majority) allows the union to request voluntary recognition from the employer. If the employer refuses, the NLRB will conduct a secret-ballot election, which the union must win by a majority of votes cast to be certified as the workers’ bargaining representative.

What if I’m on a work visa?

The U.S. Department of Homeland Security works with labor agencies to protect union activities ensuring workers’ right to organize and to “limit immigration enforcement in sensitive locations, such as union meetings or labor disputes.”

For those on work visas, protections against retaliation for unionizing include:  

· Anti-Retaliation Protections: Employers are prohibited from threatening to report workers’ immigration status or terminating their employment for participating in unions.  

· Safe Reporting Channels: Workers can report violations without fear of immigration consequences, ensuring their rights are upheld.  

· Collaboration with Labor Agencies: DHS works with agencies to investigate claims and protect visa-holders from retaliatory actions.  

· Legal Safeguards: Labor laws apply equally to visa-holders, ensuring they can organize without discrimination or intimidation.  

If the union is successful, how will it make a difference to my life at Back Market?

Once the union is in place, we plan to push for a contract with demands drawn from our members’ feedback - so we can’t say for sure now exactly what will change. However, we can look to other offices that have successfully unionized in order to have some idea! We think that Kickstarter United, which negotiated its first contract in 2022, is an inspiring example. Here are just some of the changes they successfully put in place:

• 💰 A guaranteed minimum annual cost of living raise.

• 📈 A profit-sharing bonus pool so that when Kickstarter thrives, all benefit.

• 📚 Guaranteed development frameworks for every role.

• 🧑‍⚖️ "Just cause" provisions so that no one is disciplined or fired without clear, documented reason.

• 🔍 Clear process for progressive discipline.

• 🤝 Criteria for performance improvement that prioritizes support instead of punishment.

• ♿️ Clear process to support anyone who needs workplace accommodations.

• 🎨 Increased leaves of absence to 90 days for creative pursuits or for personal reasons with continued health coverage.

• 🕵️ No intrusive monitoring on work computers and devices.

• ⏰ Time in lieu for any hours worked beyond a full work week.

• 🤏🏼 Limits on the use of subcontractors so that no bargaining unit role is replaced by a subcontractor.

The full contract is available here if you’d like to learn more. When we stand united, we can drive incredible change!

How are things different in the unionized EU offices?

You may or may not know that we already have unions in Bordeaux, Paris, and Barcelona! As a result, these Back Makers enjoy a high level of job security. Here are some examples per the Federation Syntec, which entitles French Back Makers to:

• up to three months notice before they can be dismissed from their contract

• guaranteed seniority-based severance after eight months

• paid leave for illness or injury after one year (separate from holiday leave)

• a yearly holiday bonus 

In short, Back Market is already a unionized company. Our organizing efforts are simply correcting an imbalance that has existed for far too long. We’re just as deserving of security, dignity, and fairness as our colleagues in the EU - together we can make our voices heard! 

I’ve been approached by my supervisor about the union. What should I say?

You may have a great or not so great relationship with your manager - either way, they’ll likely be pressured to get you to reconsider union activities. Remember, it’s illegal for management to interrogate or surveil you on this subject! However, if you find yourself in one of these conversations, here’s all you need to say:

“I’m not comfortable speaking about this”.

That’s it! It’s your right to shut down the conversation. In addition to protecting yourself, it also decreases any legal liability for your manager. It’s a win for everyone. If for some reason this isn’t ending the conversation, please don’t hesitate to reach out to your union leaders for help or encouragement!