5 STEPS.
ONE GOAL.
This is the NLRA process for private-sector workers. Know what the law actually does: it protects the ACTIVITY of organizing, not everything you might do while organizing, and its protection moves slowly. The real shield is your committee. Here's how to build both.
The short version
- →Build an organizing committee before anything else: every step below runs through it.
- →You need 30% to file, but aim for a 65–70% supermajority before going public.
- →Cards are confidential: the NLRB never shows your employer who signed.
- →Win the election by majority of votes cast. Turnout is everything.
- →Never organize on company email, Slack, devices, or Wi-Fi. Signal on personal phones.
Build the committee first. Details below.
Build an organizing committee before anything else. Every step below runs through a committee: a trusted core of coworkers, roughly one per team or department, who map the workplace and carry the campaign. Campaigns that skip this step stall. With NLRB remedies slower and weaker in 2026, your committee IS your protection: majority strength does what the law can't do fast. → How to build your committee
PICKING A UNION. AND WHAT IF THEY SAY NO?
Interview unions the way you'd interview an agency before taking the job. You're choosing a partner for a multi-year fight: ask hard questions, and talk to workers at shops they've already organized before you commit. Start with CWA, OPEIU, or the NewsGuild. see the unions open to agency workers →
Who runs the campaign: you, or us?
What's your staff-to-member ratio?
What's the strike benefit, and when does it kick in?
What have you won for units our size? (Agencies run 25–80 people; ask for specifics at that scale.)
Expect some unions to pass on you. A 40-person agency is a small unit, and organizing staff are stretched thin: a "no" is a statement about their capacity, not your worthiness. If everyone passes: EWOC coaches independent drives for free, and an independent union that wins its election can affiliate with a larger union later, from a position of strength, with a certified unit in hand.
OPERATIONAL SECURITY (OPSEC). DO THIS RIGHT
Use Signal with disappearing messages enabled for organizing conversations. Not iMessage, not WhatsApp, not Google Messages. The moment you're documenting an incident for a legal charge, turn disappearing messages OFF for anything relevant and preserve it: auto-delete continuing after that can be attacked as evidence destruction.
Company-provided VPNs route your personal device traffic through employer systems. Don't use them while organizing.
Work-provided laptops may have endpoint monitoring software that logs keystrokes and screenshots. Treat them as hostile.
In open-plan offices, conversations carry further than you think. Have sensitive conversations outside the building.
Slack, Teams, and Gmail messages are discovery documents in NLRB proceedings: assume anything you write there will be read by management's lawyers.
Never organize on company Zoom, Teams, or Meet: employer-controlled accounts record and log. A Signal call, or a personal-account video call between people you've already vetted one-on-one, is how distributed committees actually work.
ORGANIZER TIPS TO KEEP IN MIND
Organizing during work TIME on company property may be restricted. However, your break time and lunch time on company property ARE protected: the restriction is on work time, not work location.
Keep your committee small and tight-knit in the early stages
Document everything: conversations, incidents, management behavior
Don't reveal the campaign early: build to a 65–70% supermajority before going public
Connect with an established union (CWA, OPEIU, or the NewsGuild) for experienced support
Expect a management "persuasion campaign" after you file. Prepare your coworkers
WHO CAN BE IN YOUR UNION: THE BARGAINING UNIT
Before you file, you need to know who's IN. Supervisors with genuine hiring/firing authority are excluded by law: at ad agencies, this typically means executive creative directors and above. Accounts, strategy, and production staff can often be included if they share a "community of interest" with creatives. The employer WILL contest your unit definition. Having a labor attorney review your proposed unit before filing is strongly recommended.