8.1 National Labor Relations Act (NLRA)
7 min read•august 20, 2024
The () is a cornerstone of U.S. labor law, protecting workers' rights to unionize and engage in . It establishes the to enforce these rights and address in the private sector.
The NLRA outlines key employee rights, including engaging in and . It also defines unfair labor practices for both employers and unions, regulates elections, and governs the collective bargaining process between employers and certified unions.
Overview of NLRA
- Enacted in 1935, the National Labor Relations Act (NLRA) is the primary federal law governing labor relations in the private sector
- Establishes the rights of employees to organize, join unions, and engage in collective bargaining with their employers
- Creates the National Labor Relations Board () to enforce the Act's provisions and investigate and remedy unfair labor practices
Rights of employees
Concerted activities
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- Employees have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection
- Concerted activities include discussing wages, hours, and working conditions with coworkers, circulating petitions, and participating in strikes or picketing
- Employers are prohibited from interfering with, restraining, or coercing employees in the exercise of their rights to engage in concerted activities
Collective bargaining
- Employees have the right to bargain collectively with their employer through representatives of their own choosing
- Collective bargaining involves negotiating the terms and conditions of employment, such as wages, hours, benefits, and job security
- Employers are required to bargain in good faith with the chosen representative of the employees
Union membership
- Employees have the right to join or assist labor organizations, such as unions
- Employers cannot discriminate against employees based on their union membership or activities
- Employees also have the right to refrain from joining or assisting unions, and cannot be forced to join a union as a condition of employment (closed shop agreements are prohibited)
Unfair labor practices
Employer violations
- Interfering with, restraining, or coercing employees in the exercise of their rights under the NLRA (threatening or disciplining employees for union activities)
- Dominating or interfering with the formation or administration of a labor organization (creating a company-controlled union)
- Discriminating against employees to encourage or discourage union membership (firing or demoting employees for union activities)
- Retaliating against employees for filing charges or testifying under the NLRA (blacklisting employees who file complaints with the NLRB)
- Refusing to bargain collectively with the representative of the employees (engaging in surface bargaining or unilaterally changing terms of employment)
Union violations
- Restraining or coercing employees in the exercise of their rights under the NLRA (threatening employees who refuse to join the union)
- Causing or attempting to cause an employer to discriminate against an employee (pressuring the employer to fire non-union employees)
- Refusing to bargain collectively with the employer (failing to respond to the employer's bargaining requests or engaging in bad faith bargaining)
- Engaging in secondary boycotts (pressuring neutral employers to stop doing business with the primary employer involved in a labor dispute)
- Charging excessive or discriminatory membership fees (requiring new members to pay higher fees than existing members)
Union representation elections
Election petitions
- A union, employee, or employer can file a petition with the NLRB to hold a secret ballot election to determine if employees want union representation
- The petition must be supported by at least 30% of employees in the proposed bargaining unit (showing of interest)
- The NLRB investigates the petition to ensure it meets the requirements and that there are no existing labor contracts or recent elections that would bar a new election
Appropriate bargaining units
- The NLRB determines the appropriate bargaining unit for the election based on a community of interest among employees
- Factors considered include job duties, skills, working conditions, supervision, and bargaining history
- The bargaining unit should be composed of employees who share similar interests and can be effectively represented by a single union
Voting procedures
- The NLRB conducts a secret ballot election, typically on the employer's premises, to determine if employees want union representation
- Employees in the bargaining unit are eligible to vote, and the union must receive a majority of the votes cast to be certified as the exclusive bargaining representative
- The NLRB can set aside the election results if there is evidence of misconduct by the employer or union that interfered with the employees' free choice (captive audience meetings, threats, or promises)
Collective bargaining process
Duty to bargain in good faith
- Once a union is certified as the exclusive bargaining representative, the employer and union have a mutual obligation to bargain in good faith
- Good faith bargaining requires the parties to meet at reasonable times, discuss of bargaining, and make a sincere effort to reach an agreement
- The parties are not required to make concessions or agree to any specific proposal, but they must engage in meaningful negotiations
Mandatory vs permissive subjects
- Mandatory subjects of bargaining include wages, hours, and other terms and conditions of employment that directly affect the employment relationship (health insurance, seniority, )
- of bargaining are those that do not directly relate to the employment relationship and can be bargained over if both parties agree (union label on products, internal union affairs)
- The parties are not required to bargain over permissive subjects, and either party can refuse to discuss them without violating the
Impasse resolution
- If the parties reach an impasse in negotiations after bargaining in good faith, they can use economic weapons to pressure the other side to make concessions
- The employer can unilaterally implement its last offer, lock out employees, or hire permanent replacements for striking workers
- The union can call a strike, picket the employer, or engage in other concerted activities to pressure the employer to agree to its demands
- The parties can also use mediation or to resolve the impasse, either voluntarily or as required by their collective bargaining agreement
Strikes and lockouts
Economic strikes
- An economic strike is a work stoppage by employees to pressure the employer to agree to their demands in collective bargaining
- Economic strikers can be permanently replaced by the employer, but they are entitled to reinstatement when a position becomes available if they make an unconditional offer to return to work
- Employees who engage in an economic strike are not entitled to unemployment benefits, as the work stoppage is considered voluntary
Unfair labor practice strikes
- An unfair labor practice strike is a work stoppage by employees to protest an employer's unfair labor practices under the NLRA
- Unfair labor practice strikers cannot be permanently replaced and are entitled to immediate reinstatement upon making an unconditional offer to return to work
- Employees who engage in an unfair labor practice strike may be entitled to back pay and other remedies if the NLRB finds that the employer committed an unfair labor practice
Replacement workers
- During an economic strike, an employer can hire temporary or permanent to continue operations
- Permanent replacements are entitled to keep their positions even after the strike ends, but the employer must place the returning strikers on a preferential hiring list
- During an unfair labor practice strike, an employer cannot hire permanent replacements and must reinstate the strikers upon their unconditional offer to return to work
NLRB enforcement
Unfair labor practice charges
- Employees, unions, or employers can file charges with the NLRB alleging that a party has engaged in an unfair labor practice
- The NLRB investigates the charges and, if it finds merit, issues a complaint and schedules a hearing before an administrative law judge
- The administrative law judge conducts a trial-like proceeding and issues a decision recommending whether the NLRB should find an unfair labor practice and order a remedy
Remedies for violations
- If the NLRB finds that a party has committed an unfair labor practice, it can order various remedies to effectuate the purposes of the NLRA
- Remedies may include cease and desist orders, posting of notices, reinstatement of discharged employees, back pay awards, and bargaining orders
- The NLRB can also seek temporary injunctions in federal court to prevent irreparable harm while the unfair labor practice case is pending
Judicial review of NLRB decisions
- Parties can appeal NLRB decisions to the federal courts of appeals, which have jurisdiction to enforce, modify, or set aside the NLRB's orders
- The courts apply a deferential standard of review, upholding the NLRB's findings of fact if they are supported by substantial evidence on the record as a whole
- The courts also give deference to the NLRB's interpretations of the NLRA, as long as they are rational and consistent with the Act's purposes
- The Supreme Court has the final say on the interpretation of the NLRA and can review decisions of the courts of appeals
Key Terms to Review (34)
Appropriate Bargaining Units: Appropriate bargaining units refer to specific groups of employees that are recognized by labor law as the correct entities for collective bargaining. This concept is essential for determining how workers organize and negotiate their terms of employment, impacting union representation and labor relations. The identification of appropriate bargaining units ensures that the interests of employees are accurately represented, which is a crucial aspect of the collective bargaining process under federal labor laws.
Arbitration: Arbitration is a form of alternative dispute resolution where an independent third party, known as an arbitrator, makes a binding decision to resolve a dispute between parties. This process is often favored in various legal contexts because it can be quicker and more cost-effective than traditional litigation, offering a way to settle disagreements in matters such as employment contracts, intellectual property disputes, and labor relations.
Coercion: Coercion refers to the practice of compelling an individual to act in a certain way by use of force, threats, or intimidation. In the context of labor relations, coercion can manifest in various forms, such as pressuring employees to vote against union representation or influencing their decisions about joining or supporting a union through undue influence. Understanding coercion is crucial as it relates to the rights and protections afforded to workers under specific labor laws.
Collective Bargaining: Collective bargaining is the process through which employers and a group of employees negotiate the terms of employment, including wages, hours, and working conditions. This process helps ensure that employees have a voice in their workplace and promotes a balance of power between labor and management.
Concerted activities: Concerted activities refer to the collective actions taken by employees to improve their working conditions or address workplace issues, protected under the National Labor Relations Act (NLRA). These activities can include discussions among employees about wages, working hours, and safety conditions. The essence of concerted activities lies in the collaboration and unity among workers in pursuing common goals, which is crucial for fostering a balanced employer-employee relationship.
Decertification: Decertification is the process by which a labor union loses its official recognition as the representative of a group of employees. This typically occurs when employees petition to remove the union's authority, often through a decertification election where a majority vote is required for the union to be removed. Understanding decertification is crucial as it highlights the dynamic relationship between employees and unions, especially in terms of employee satisfaction and union effectiveness.
Duty to bargain in good faith: The duty to bargain in good faith refers to the legal obligation of employers and unions to engage in sincere negotiations regarding wages, hours, and other terms and conditions of employment. This duty is foundational to collective bargaining, ensuring both parties work collaboratively and honestly towards a mutual agreement. It promotes a fair negotiating process and aims to prevent unfair labor practices that could undermine the rights of employees.
Economic strikes: Economic strikes are work stoppages initiated by employees to promote their economic interests, such as better wages, benefits, or working conditions. These strikes are often aimed at forcing employers to negotiate and ultimately provide improvements that benefit the workers. The National Labor Relations Act (NLRA) plays a critical role in defining the rights of workers to engage in such strikes and protecting their ability to collectively bargain.
Election Petitions: Election petitions are formal requests made to a labor relations board to initiate a union election, asserting that a certain group of employees desires to be represented by a union. These petitions are crucial for employees seeking collective bargaining rights, as they set in motion the legal process for determining whether a union should be recognized. The National Labor Relations Act outlines the procedures and requirements surrounding these petitions, ensuring fair representation and adherence to workers' rights during the election process.
Employer violations: Employer violations refer to actions taken by employers that breach labor laws or regulations, particularly those outlined in the National Labor Relations Act (NLRA). These violations can undermine employees' rights to organize, engage in collective bargaining, and participate in union activities without facing discrimination or retaliation. Understanding these violations is crucial for safeguarding workers' rights and maintaining fair labor practices in the workplace.
Grievance procedures: Grievance procedures are formal processes established to resolve disputes or complaints between employees and employers regarding working conditions, employment practices, or contract violations. These procedures typically outline the steps an employee can take to express their grievances, ensuring a systematic approach to address issues in the workplace while promoting fair treatment and compliance with labor laws.
Impasse resolution: Impasse resolution refers to the methods and processes used to break a deadlock in negotiations, particularly during labor disputes where parties are unable to reach an agreement. This process is crucial in collective bargaining under the National Labor Relations Act (NLRA), as it helps maintain stability and fairness in labor relations. Techniques such as mediation, arbitration, and fact-finding are often employed to facilitate communication and compromise between conflicting parties.
Interference: Interference refers to actions by an employer or other parties that unlawfully disrupt or prevent employees from exercising their rights in the workplace. This can manifest in various forms, including intimidation, coercion, or discouragement related to taking leave for medical reasons or participating in union activities. Understanding interference is crucial for ensuring that employees can freely exercise their rights without undue influence or barriers.
Judicial Review of NLRB Decisions: Judicial review of NLRB decisions refers to the process by which federal courts evaluate and potentially overturn decisions made by the National Labor Relations Board (NLRB). This mechanism ensures that NLRB actions align with statutory provisions, providing a check on its authority and protecting the rights of both employers and employees under the National Labor Relations Act (NLRA). Through judicial review, courts can assess whether the NLRB has acted within its jurisdiction and applied the law correctly, maintaining the balance of power in labor relations.
Mandatory subjects: Mandatory subjects refer to topics that employers and unions are legally required to negotiate in good faith under the National Labor Relations Act. This includes issues such as wages, hours, and other terms and conditions of employment, which are essential for creating a fair labor environment. The concept ensures that both parties must engage in discussions about these subjects, thereby fostering a collaborative relationship and minimizing disputes.
National Labor Relations Act: The National Labor Relations Act (NLRA) is a foundational labor law in the United States that was enacted in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices that can harm the general welfare of workers. It establishes key rights for employees to organize, join labor unions, and engage in collective bargaining while also outlining unfair labor practices by employers.
National Labor Relations Board: The National Labor Relations Board (NLRB) is an independent federal agency responsible for enforcing US labor laws in relation to collective bargaining and unfair labor practices. It plays a vital role in protecting the rights of employees and employers, ensuring that workers can organize and engage in union activities without fear of retaliation. The NLRB also oversees elections for labor union representation, helping maintain fair labor practices in the workplace.
NLRA: The National Labor Relations Act (NLRA) is a foundational piece of U.S. labor law enacted in 1935 that grants employees the right to organize, join labor unions, and engage in collective bargaining. It aims to protect the rights of workers, promote fair labor practices, and facilitate the relationship between employers and employees regarding union activities. By establishing the National Labor Relations Board (NLRB), the NLRA plays a critical role in overseeing union elections and addressing unfair labor practices.
NLRB: The National Labor Relations Board (NLRB) is an independent federal agency created to enforce the National Labor Relations Act (NLRA), which protects employees' rights to organize, engage in collective bargaining, and participate in labor unions. The NLRB oversees the process of union elections and investigates unfair labor practices, ensuring that workers can freely exercise their rights without employer interference. This agency plays a crucial role in maintaining the balance between employers and employees in the labor market.
Permissive subjects: Permissive subjects refer to topics that are not mandatory for negotiation between employers and unions under labor law, but can be discussed if both parties agree to do so. These subjects provide flexibility in bargaining processes and may cover a wide range of issues such as benefits, work rules, and other working conditions that are not explicitly required by law to be negotiated.
Remedies for violations: Remedies for violations refer to the legal solutions or compensatory measures available to parties when their rights under labor laws, such as the National Labor Relations Act, are infringed upon. These remedies aim to restore affected parties to their rightful positions and deter future violations. They can take various forms, including monetary compensation, reinstatement, and changes in workplace policies.
Replacement workers: Replacement workers are employees hired to perform the duties of regular employees who are on strike or engaged in labor disputes. This practice can create tension between employers and unions, as the presence of replacement workers often undermines the effectiveness of strikes and can prolong labor disputes. Replacement workers can also impact negotiations by shifting the power dynamics between management and labor.
Section 7 Rights: Section 7 rights refer to the legal protections granted under the National Labor Relations Act (NLRA) that empower employees to engage in collective activities for mutual aid and protection. These rights enable workers to form, join, or assist labor organizations and to engage in concerted activities, including discussions about working conditions, wages, and grievances. They are fundamental to labor relations in the United States, promoting collective bargaining and protecting employees from employer retaliation when exercising these rights.
Section 8 Violations: Section 8 violations refer to breaches of the National Labor Relations Act (NLRA) where employers or unions engage in unfair labor practices that inhibit employees' rights to organize, bargain collectively, or engage in other concerted activities for mutual aid or protection. These violations undermine the fundamental principles of labor relations established by the NLRA, which aims to promote fair treatment and balance the power between employees and employers.
Taft-Hartley Act: The Taft-Hartley Act, officially known as the Labor Management Relations Act of 1947, is a federal law that restricts the activities and power of labor unions in the United States. It was enacted to balance the rights of workers to organize and engage in collective bargaining with the need to protect the public from potential abuses by union practices, reflecting a response to perceived excesses during the labor movements of the 1930s and 1940s. The act contains provisions that impact union operations, collective bargaining processes, and the rights of non-union employees.
Unfair labor practice charges: Unfair labor practice charges are formal complaints filed with the National Labor Relations Board (NLRB) alleging that an employer or union has violated the National Labor Relations Act (NLRA). These charges can arise from actions such as retaliating against employees for union activities, interfering with the formation or administration of a union, or refusing to bargain in good faith. Addressing these charges is crucial for maintaining fair labor practices and ensuring that both employees and employers adhere to their rights under the NLRA.
Unfair labor practice strikes: Unfair labor practice strikes are work stoppages initiated by employees to protest actions taken by their employer that violate the National Labor Relations Act (NLRA). These strikes occur when employers engage in unfair labor practices, such as refusing to bargain in good faith or discriminating against employees for union activities. Employees participating in these strikes seek to remedy these violations, often using the strike as a leverage tool to compel the employer to comply with labor laws.
Unfair labor practices: Unfair labor practices are actions by employers or unions that violate the rights of employees and are prohibited by labor laws. These practices can undermine the collective bargaining process, disrupt workplace fairness, and harm employees' rights to organize. Understanding these practices is crucial in the context of labor relations, as they can significantly affect negotiations and the enforcement of labor contracts.
Union election: A union election is a process through which employees vote to determine whether they wish to be represented by a labor union for collective bargaining purposes. This process is crucial in the context of employee rights and organizational representation, as it allows workers to decide if they want to form or join a union that can negotiate on their behalf with their employer regarding wages, benefits, and working conditions.
Union Membership: Union membership refers to the status of being a member of a labor union, an organized group that represents workers in negotiations with employers regarding wages, working conditions, benefits, and other employment-related issues. This concept is central to the relationship between employees and employers, as it empowers workers to collectively bargain for better terms and conditions of employment.
Union representation: Union representation refers to the legal right of employees to have their union representatives advocate on their behalf in discussions with management regarding workplace conditions, negotiations, and grievances. This concept is crucial in protecting workers' rights, ensuring that they have a voice in decisions that affect their employment and working environment.
Union violations: Union violations refer to actions or conduct by labor unions that contravene the provisions outlined in the National Labor Relations Act (NLRA). These violations can include unfair labor practices, such as coercing employees in their choice of representation, refusing to bargain in good faith with employers, or discriminating against non-union members. Understanding these violations is crucial for maintaining fair labor relations and protecting employee rights within the workplace.
Voting procedures: Voting procedures refer to the specific methods and processes established to facilitate the election of union representatives and the ratification of collective bargaining agreements. These procedures are crucial in determining how employees can express their preferences regarding union representation, ensuring that the voting process is fair, transparent, and compliant with legal requirements.
Wagner Act: The Wagner Act, officially known as the National Labor Relations Act (NLRA), was enacted in 1935 to protect the rights of employees and employers and to promote collective bargaining. This legislation was a foundational piece of labor law in the United States, empowering workers to organize and join labor unions without fear of employer retaliation. The Act established the National Labor Relations Board (NLRB) to oversee union elections and investigate unfair labor practices, significantly shaping labor relations in the country.