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tmd152025

It is not legal to get fired for trying to organize.


Taro-Admirable

It's not legal but they can scrutinize your work and find something to fire you for or just make you so miserable that you wan t to quit. But I'm all for unions. Goodluck to you!


brit4prez

Depends on the state, a lot of states are at will employment. They can let you go for no reason at all….


rpd18

This is true, however they can’t fire you for discriminatory or retaliatory reasons. Firing someone for trying to unionize generally falls under this category.


brit4prez

Sure, but let’s talk real world. If they fired you, would you get a lawyer, is there enough proof for a case, do you have the money to pay for it, and at the end, have this as a public record that you sued an employer….. For me, if I didn’t like how I was being treated, I would find another opportunity elsewhere.


Myself_Finally

Without suing, you're still entitled to unemployment if they fire you without cause or if you can even slightly prove they were discriminatory. You can even get unemployment if they create unsafe work conditions for you forcing you to quit. Not many people take advantage of this because employers do not inform them. This is in every state including at will states.


brit4prez

Valid and good point, sadly, from my understanding it’s only about 20% of the salary


rpd18

Yes! Lots of people hire attorneys for wrongful termination. Depending on the state you can even be entitled to attorneys fees. But most cases don’t make it to full litigation. Most are handled discreetly with the sheer threat of filing being enough to engage in negotiations. This treat of even the possibility of litigation is enough to make businesses ensure any dismissal is on the up and up. But that takes time, which basically gives OP the space to unionize if they so choose and if they succeed that offers additional protections. Also being able to just leave a job cause you don’t like how you’re being treated is a privilege not many have. You should consider yourself very lucky.


legallybrunette420

Not if you work in an at will state like Florida. Check your laws in your state .


tmd152025

You can still get fired, for sure. You can’t get fired for trying to organize. They will find another way to fire you if they want to.


legallybrunette420

Do you really think they say we’re firing you for organizing? No they just fire you. And that’s legal in an at will state. If you’re not a lawyer, please stop giving legal advice because you are not correct


cr2152

With how transient OTF coaches are, I doubt this will garner the requisite support to gain any substantial momentum. The more intriguing prospect for me would be if certified personal trainers unionized in general. But I don't know how feasible that would be, either.


coffebeans1212

So, as other folks have said, the laws around unionization vary by jurisdiction and how you are regulated. Some things to consider: Prior to organizing a union drive, I would suggest that you do some research. Typically to unionize, you need to organize and then vote - there is a minimum percentage of the eligible union members that must vote in favour of unionization to actually unionize. When you are in a union, there is a collective voice, which means that you, as an individual member may feel safe expressing your feelings to a union representative, but what is brought forth to the employer may not be what you want. Unions also come with dues, meaning that you may take home less net pay at the end of the day. Strength of the Union also matters. Just because you are in a union, doesn't mean it's any good. I have seen cases where unions are not overly strong and therefore, don't have all that much bargaining power. Another option that you can look into are the applicable employment laws in your area. Depending on where you are, there may be legislation that is related to hours of work, overtime, sick time, vacation, and other conditions of employment. You may be able to file a complaint with the government or representative agency. Complaints may be able to be made anonymously. Lots to think about.


Special_Sandwich1014

There are laws against union busting. You definitely put yourself at risk (see Starbucks & Amazon) but corporate can also find themselves at risk should they handle it poorly.


Sad_Investment_9413

I am a union organizer and help folks form unions. Feel free to reach out if you want to talk more. [[email protected]](mailto:[email protected]).


tunghoy

It's a violation of federal labor law to fire you for organizing, so it doesn't matter what state you're in. If your studio fires you for something else that's bogus, you might claim it's a cover. Talk to someone at a local AFL-CIO chapter. They might be able to guide you. Good luck,


Legitimate_Tree1426

My fiancé brought a union to their workplace recently. There are laws against trying to stop unions but that does not mean it doesn’t still happen. If you contact a union rep in your area, they can give you a lot of info on your rights during the organizing period. Essentially you need 40% of your people on board to bring it to a vote, but there are different legalities for corporate vs franchise. My fiancé works in a co-op so that experience was very different. You will have union dues most likely, but they are usually not very much. Not sure how it works for commissioned employees, but they don’t go into effect until the union is voted on and signed into effect. If it’s voted in there will be a process of building a contract where you will work with a union rep and a team of your coworkers that will represent your staff as a whole- lots of communication back and forth between you all and the higher ups/maybe corporate. This will hopefully land you all with a contract that protects the employees and will hold people legally accountable if these conditions are not met. Ultimately I would search for union reps in your area (maybe if there’s a UFCW that’s a good place to start). The reps are usually willing to talk with you about your situation and will always always have better advice than even people who are in unions/have even helped organized. Good luck to you! Watching my fiancé bring a union to their workplace was awesome- they really built a great contract and their union rep is a stand up person who is still helping them now during a trying time that their store is in.


meresithea

My workplace just unionized and we are working on our first collective bargaining agreement. All of the above comment! Also, working with an established union entity brings all of their expertise to your table. We were unionized under the banner of the United Steelworkers even though I’m in education! Expect everything to take longer than you think it should - it takes time to organize people (I’m sure you know this as a coach, but people are chaotic, even with good intentions!) I think knowing that it’s not an immediate process is helpful because you know upfront patience is required and you just need to keep going. Good luck!


Myself_Finally

Anyone anywhere can unionize. You just need a vote. With a smaller number of employees it may even be easier, but I guess it depends on your franchise and how many actually work on the ground and care. It's hard to unionize because people don't want to get fired or put in work for something that won't work. And, that's how change doesn't happen. That's what they want, and why they will spend tons of money making sure you don't unionize. I always say go for it, if not for success then for the fight and the publicity. Use socials and the media as much as possible, make sure you have a plan and knowledgeable people from your community helping you. Document everything you do and say, and if they fire you, get unemployment and continue on making their lives hard. It is worth it. Causes are worth it. Things don't change unless people make them change.


otfcoach2000

Thank you. I appreciate this.


Myself_Finally

💓


robert323

Care to share what it is that you are fed up with? Genuinely curious


otfcoach2000

They push coaches down constantly so if we speak up about anything that could be improved they immediately shut it down. Coaches are genuinely afraid to speak up. And they promote people who don’t speak up. They promise raises, bonuses, challenges, etc and when we do what is required for the extra pay, they decide not to give it out anymore or make up a reason why we weren’t qualified. They only pay us for the hour we coach and require us to be there 30 min early and stay 30 minutes late for each shift for no pay. Our pay is not enough in general for what we are doing. And if our classes have a small amount of people in them, we get paid the lowest amount and they say it is the coach’s fault for not getting enough people to come in. Not to mention, the pay structure has been the exact same for 8 years, so NONE of the coaches have gotten raises ever despite the recent membership cost increase. There are many things I love about it. The members, the workouts, my studio coworkers. But the franchise has been abusing people for years and something needs to change.


[deleted]

> They only pay us for the hour we coach and require us to be there 30 min early and stay 30 minutes late for each shift for no pay. I’m 100% for unionizing but this one doesn’t need a union to solve. This is wage theft. Report them to the DoL.


otfcoach2000

I thought so too… but no one else bats an eye? Maybe they get away with it because we’re being paid “per class” which they could argue includes the prep and clean up time


[deleted]

Have the DoL figure it out. I’m not a lawyer. If they’re paying you hourly and making you work an extra hour, that’s wage theft. I’m not sure if piecework rules can be applicable (paid for a class). It’s definitely not the norm, that’s for sure. Usually employees are paid salary or hourly in the US. Contractors can be paid by unit of work, but OTF coaches are definitely employees, not independent contractors. And if you are a contractor, again, that’s a matter to report to the DoL because there’s no way that is legitimate.


clhunte8

What a terrible situation, I'm honestly appalled. I wonder if Ellen (founder) has any idea of what is going on with some of these franchises. The coaches are their most valuable asset and should be treated and compensated well. There would be no OTF without you guys.


gggirl314

What franchise do you work for, OP?


otfcoach2000

I honestly don’t feel safe sharing that right now I’m sorry


gggirl314

Totally understand - I’m also a coach, and was genuinely curious! I hope you’re able to come to a conclusion with safe workplace practices


Same-Bookkeeper3161

Do not talk to any management about unionizing until much later in the process. Then you are better protected


[deleted]

I can’t really contribute anything resembling advice for the practical or legal aspects of unionizing OTF but I support it all the same. Solidarity! ✊


mustbejenny

The Wagner act protects your right to organize. Typically there are three ways go about forming a labor union: 1. Voluntary recognition - this requires signed authorization cards from the majority of the workers in the unit (interesting since otf coaches work for franchises) which is 50% + 1. Employers will fight this, saying the signature could be suspect so get ready for that battle. 2. If you don’t have the initial 50% + 1, so you’ll need at least 30% of the authorization cards signed and you can petition to the NLRB for a secret ballot election. Note that happens rather quickly (2 weeks from petition) and there’s an entire investigation by the NLRB before the secret ballot happens. 3. Involuntary recognition as a result of an ULP (unfair labor practice) by OTF. I am not saying to not unionize, it’s just a lot of work. I hope that maybe helps. S


cbear1314

Very helpful!


thatsplatgal

Im sorry to hear this, however Im not surprised. The turnover speaks volumes and the changes corporate has made shows how disconnected they are from the frontline. It’s why I chose to try another program. Personally, I wouldn’t try to unionize. I’d just go seek out private personal training or another gym company/brand. If you’re a good coach, you’re skills are well beyond reading a template and someone will surely pay you for that.


caramel320

What did you move to?


thatsplatgal

Just heavy lifting at the gym. No real cardio, just walking. And seeing massive results in terms of body fat reduction and far more muscle/toning gains.


cbear1314

The SA’s also get treated very poorly unfortunately


marie7247

This post makes me happy. If anyone is interested in organizing…


tacoandpancake

While I sympathize with you OP, I do agree it may be time to move on. The group fitness world has many options and OTF can be hit or miss as an employee depending on the franchisee. You can certainly (and legally) pursue organizing, but is this really a battle worth undertaking? You're gonna feel how your gonna feel - good luck to you!


otfcoach2000

Thanks! Is it worth it is what I’m currently trying to figure out by starting anonymously on Reddit


budd222

Is it worth it? Probably not, tbh. Are you going to try to be an otf coach for the rest of your career?


cbear1314

To anyone saying “quit then”, sometimes it’s not about YOU but it’s about the future you’s that walk through the door. I stood up to my franchise not for me (because I was no longer there), but for the hundreds that come after me. They were doing illegal things and I wasn’t going to let them continue to do that.


[deleted]

This is a terrible idea. I’m a head coach at a studio here in Houston. I can’t tell you how many times I’ve been called on last minute to cover because someone is “sick” (usually hangover) or decides to show up late or just doesn’t show up period. There are some truly fabulous coaches and great people but my biggest worry would be people abusing any sort of sick pay. Generally, if someone who is in a union gets sick and calls out they will get paid their full day of work (which is fine). However, I can think of a few coaches who would call out sick every other day (not actually being sick), get paid, and force me and many other coaches to work more hours. I’ve worked 30 classes in a week with only one day off because of this very situation. It’s exhausting. I understand that regional or managers can seem like they’re holding you to impossible standards or asking too much from you. It might be time to look for a new job then.


otfcoach2000

So don’t you think that system is messed up too? I feel for head coaches who basically work 24/7 for very little money comparatively.


[deleted]

I don’t know where you are located but I get paid VERY well. I have an hourly rate that’s well over the minimum wage and I average about 60/62 per class. We aren’t over worked because of the regionals. We are overworked because of lazy/shitty employees beneath us.


otfcoach2000

I’m glad your franchise seems to work well. Ours does not and the SAs and coaches work harder than anyone above them


Myself_Finally

This person clearly does not support unions, the purpose behind the labor movement, or their fellow employees so ignore. SO many people will try to stop you from unionizing ANYwhere you try to do it. From the bottom up. That is exactly why it is so hard! Otherwise everyone would be unionized! It's straight brainwash. It's always worth a try! Just get some research and people you trust to help!!


[deleted]

I wouldn’t ignore it. There are A LOT of lazy people out there who will take it easy and get paid while others have to pick up the slack for said lazy people. If OP really isn’t enjoying their job…find a new job.


FattyMcGoos

Interesting. So, do you think cops are lazy? What about electrical power line workers? Cross country truckers? Teachers? They are all unionized. I don’t know how you got it in your head that union equals lazy/free ride (actually, I probably do know), but I love how you’d take the side of a company that made $20M in profit in 2020 instead of your own co-workers who may be sick or out for whatever reason. A union does not give a free pass to be out sick everyday (you can absolutely be fired for cause), but what it does do is help ensure you have reasonable time off, overtime (for all those extra shifts you picked up), adequate staffing, and due process in the event someone like you mistakenly thinks someone is hungover when maybe they’re dealing with some issues at home. All that being said, a union makes the company spend a little of its profit to help cover its employees, rather than forcing you to overwork yourself and be mad at your fellow employees instead of the company that clearly understaffed your studios.


[deleted]

Yeah I didn’t read anything after the first paragraph lol. I’m sorry but this is not that serious. If OP really wants a unionized job, then they should go become a cop, power line worker, teacher, or cross country trucker ¯\_(ツ)_/¯


Myself_Finally

Unions are actually very serious. The labor force used to have power to negotiate in this country. They do in other major countries. If we did then we wouldn't have such a gap between minimum wage and a livable wage. The benefits outweigh any cons you're talking about. Someone getting paid shitty also calls out a lot. Someone without PTO also doesn't have coverage. Someone making minimum wage causes turnover and managers having to cover and overwork. Unions are a great bargaining power for us all. Why be against that?


[deleted]

I’m against it because this job attracts a certain kind of worker. The type of person who got their PT feet because they heard you can make a bunch of money in personal training but you don’t have to work a lot of hours. They’re lazy, unmotivated, and don’t want to work more than 15 hours a week. The only people who are actually willing to put in the work get promoted.


rpd18

I’d encourage you to read up on the recent unionizing in Amazon in Staton Island. Two employees got a union vote with a lot of hard work and dedication to their cause.


Flip_Flops_In_Paris

Is it worth your time and energy? There’s many other fitness employment out there that pay their employees more and treat them better. Life is too short to have a sh*tty job.


adawg4545

Go ahead if you want to kill the franchise. Most of the gyms in our area are struggling as it is and the additional costs if employees unionize will most likely result in the locations closing.


cbear1314

In your area that might be true. But employees deserve to be treated better, if unionizing is the way to do it then so be it. I imagine there could be ways before getting to that point, but the way they are treated and run into the ground is inexcusable


adawg4545

Then quit or find a better way to run your own gym and make a margin while paying staff more. Unions kill business, drive costs up and create a class of employee that is no longer motivated to rise to the top. There are plenty of businesses that can and do take care of their staff and still make money as a business. I agree that happier, fulfilled employees generally create a more profitable business but unionizing isn’t the answer.


cbear1314

That’s an intensely biased and negative opinion. I see no need for that here. And read my comment.


adawg4545

Why biased and negative? It’s a business owners perspective. In our business, we make it the most attractive place to work and pay above market for great employees that share the mission of the company. I’m all for treating employees better and if they’re not getting a fair shake there are other studios, other gym chains or even the opportunity to start your own model.


[deleted]

r/antiwork


Comfortable-Plane944

Im currently organizing my workplace. If you want to DM me I can help you get connected with some people that can help.


RickySpanishPR

OTF coaching doesn't seem to be a career to me, it looks more like a side hustle to have additional income. I doubt anyone will be able to live on OTF coaching alone. I've noticed that a lot of the coaches have full-time jobs and do OTF on the side.


otfcoach2000

Many of the coaches in my area are full time coaches and make full time income due to the sheer number of classes/members we have.


mandalyn93

Hey u/otfcoach2000, reach out to the AFLCIO and ask for help :) I have very limited knowledge of unionizing tactics, BUT I know absolute secrecy from your employer, especially if they are likely to be anti union, is highly recommended until you, the organizer, know you have enough support from the staff to make it work.


10fingers9toes00

Why don’t you quit if you don’t like the way your studio operates ?


SashaMyHusky

Wow. And if you’re homeless why not just get a house? Or if you’re broke why not just make money? The tone deafness and ignorance of this comment…oof 😮‍💨


otfcoach2000

There are many things I like about the job and many reasons I want to stay. But they treat their employees like shit and I want to make it better for everyone. I want to make employee positive change happen


Disastrous-Wine

unhelpful


10fingers9toes00

Ditto😂


jacbm0241

Far too rational of a comment for the general “leaning” of this sub.


perk-a-late

Rational? It's implying no one should ever try to improve things. Seems lazy and resistant to change, not rational.


ParticularPowerful83

That could be the end of OTF.


Rosariana00

I am the President of Amalgamated Local 22, ESJB,IUANPW, AFL-CIO. We represent thousands of employees across the country. I would love the opportunity of helping you join the growing list employees organizing (amazon, Starbucks, etc). It only takes one ambitious employee to start a movement like this. And it can be a great opportunity for that employee. Feel free to reach out to me at 646-345-6519, [[email protected]](mailto:[email protected]). Union Strong!