How Workers Form a Union

Workers can form a union by showing majority support and either winning an NLRB election or getting their employer to recognize the union voluntarily.

• Private-sector workers

The usual steps

1. Talk with coworkers about problems and goals. Many groups contact an existing union for help.
2. Sign authorization cards or a petition showing you want union representation.
3. File a petition with the NLRB. At least 30% of workers in the proposed unit must show support.
4. Election: the NLRB holds a secret-ballot election. The union wins with a majority of the votes cast.
5. Bargaining: once certified, the employer must bargain in good faith with the union over a first contract.

An employer can also voluntarily recognize a union that shows majority support. The NLRB’s rules about when an employer must recognize a union or seek an election have changed in recent years and may change again. Check current NLRB guidance.

Construction is different

Construction employers and unions can sign “pre-hire” agreements (under Section 8(f) of the NLRA) before workers are hired, because construction jobs are short-term and crews change. Many union contractors operate this way.

What employers can’t do (TIPS)

• Threaten workers with firing, closing or loss of benefits
• Interrogate workers about union support
• Promise rewards for voting against the union
• Surveil (spy on) union activities

Last updated: October 1, 2026