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About NLRB

About NLRB

The Law

National Labor Relations Act

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers’ full freedom of association. The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation.

What's the Law?

The National Labor Relations Act protects most employees whether the workplace is unionized or non-unionized. Visit this page to learn more about strikes, concerted activity, the use of social media under the NLRA, union dues, and much more.

 

Jurisdictional Standards

The Board has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level. Over the years, it has established standards for asserting jurisdiction, which are described below.




"Featherbedding" (Section 8(b)(6))

Unions may not seek payment for services not performed. Section 8(b)(6) of the Act makes it unlawful for a labor organization or its agents "to cause or attempt to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed."

"Hot Cargo" agreements (Section 8(e))

With certain exceptions, an employer may not enter into an agreement, express or implied, with a labor union whereby the employer agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in the products of another employer.

"Hot Cargo" agreements (Section 8(e))

With certain exceptions, it is unlawful for a union to enter into an agreement, express or implied, with an employer whereby the employer agrees to cease or refrain from handling, using, selling, transporting, or otherwise dealing in the products of another employer.

Bargaining in good faith with employees' union representative (Section 8(d) & 8(a)(5))

Employers have a legal duty to bargain in good faith with their employees' representative and to sign any collective bargaining agreement that has been reached. This duty encompasses many obligations, including a duty not to make certain changes without bargaining with the union and not to bypass the union and deal directly with employees it represents. These examples barely scratch the surface.

Causing or attempting to cause an employer to discriminate against employees (Section 8(b)(2))

In most states, unions may bargain collectively for a contract that permits the union to cause an employer to discharge employees who fail to pay union dues. But that is an exception to the general rule that unions may not cause or attempt to cause an employer to discriminate against (or in favor of) employees on union-related grounds. For example, unions may not cause an employer to demote an employee who incurs the union's hostility, or to tie seniority to union membership.

Coercion of employees (Section 8(b)(1)(A))

Employees have the right to unionize and to join together to advance their interests as employees. They also have the right to refrain from such activity. It is unlawful for a labor union to restrain or coerce employees in the exercise of their rights. For example, you may not restrict employee-members' freedom to resign from the union, or fine an employee-member for filing a decertification petition.

Coercion of employers in their choice of representative (Section 8(b)(1)(B))

It is unlawful for a union to restrain or coerce an employer in the selection of its representatives for union matters. For example, you may not directly force an employer to choose a particular representative, adversely affect a representative's performance of collective-bargaining or grievance-adjustment duties, or discipline a supervisor-member where the discipline may adversely affect the supervisor's performance of collective-bargaining or grievance-adjustment duties.

Collective bargaining (Section 8(d) & 8(b)(3))

A union must bargain in good faith on behalf of employees it represents, and it is unlawful for a union to fail to do so. Examples of failing to do so include insisting to impasse on a nonmandatory subject of bargaining, or reaching a collective-bargaining agreement with an employer but then refusing to sign it.

Discriminating against employees because of their union activities or sympathies (Section 8(a)(3))

It is unlawful to discourage (or encourage) union activities or sympathies "by discrimination in regard to hire or tenure of employment or any term or condition of employment." For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.

Discriminating against employees for NLRB activity (Section 8(a)(4))

The National Labor Relations Board has no power to investigate an employer (or union) on its own. We cannot do our job unless people come forward, file charges, cooperate with NLRB investigations, and testify in NLRB hearings. It is unlawful for employers to discriminate against employees for helping the NLRB do its job.

Election-related content

The Board will set aside an election if a party to the election (or, in rare cases, a third party) commits objectionable conduct that may have affected the outcome. Unfair labor practices, such as those described in the app pages about interfering with employee rights and discriminating against employees because of their union activities, are objectionable.

Election-related content

The Board will set aside an election if a party to the election (or, in rare cases, a third party) commits objectionable conduct that may have affected the outcome. Unfair labor practices, such as those described in the app page about coercing employees, are objectionable.

Employees

The law protects the right of employees to engage in protected concerted activities-group action to improve wages, benefits, and working conditions and to engage in union activities and support a union. You also have a right to not engage in protected concerted or union activities. The statements contained in this smart phone application are intended for users' general information. This application may not be cited as legal authority.

Excessive or discriminatory fees (Section 8(b)(5))

It is unlawful for a union to require employees covered by a union-security agreement to pay excessive or discriminatory initiation fees. Section 8(b)(5) of the Act makes it unlawful for a labor organization or its agents "to require of employees covered by [a union-security agreement] the payment . . . of a fee in an amount which the Board finds excessive or discriminatory under all the circumstances . . . ."

Interfering with employee rights (Section 7 & 8(a)(1))

Employees have the right to unionize, to join together to advance their interests as employees, and to refrain from such activity. It is unlawful for an employer to interfere with, restrain, or coerce employees in the exercise of their rights. For example, employers may not respond to a union organizing drive by threatening, interrogating, or spying on pro-union employees, or by promising benefits if they forget about the union.

Interfering with or dominating a union (Section 8(a)(2))

Employees have the right to be represented by a union of their choice - not their employer's. Thus, for example, it is unlawful for an employer to recognize a union that lacks majority employee support (except in the construction industry), or that has majority support only because an employer coerced it.

Jurisdictional disputes (Section 8(b)(4)(D) & 10(k))

The National Labor Relations Act provides a means through which employees represented by different unions with competing claims to certain disputed work can ask the Board to settle their dispute and assign the work to one or the other.

Miscellaneous things unions may freely do

There are many things a union may do, before as well as after it is recognized or certified as the bargaining representative of a unit of employees. Some of these have been mentioned already. As a union, you may

Protecting your legal rights

Employers have a variety of ways to protect their legal rights under the NLRA. For example, you may ask the Board to review a regional director's decision directing an election, file charges with the Board, appeal to the Board an administrative law judge's decision, and seek review of a Board decision by a federal court of appeals. You may

Recognitional picketing (Section 8(b)(7))

Picketing to force an employer to recognize - or employees to select - a union is permitted under certain circumstances. As with secondary boycotts, the law here is a bit complex.

Secondary boycotts (Section 8(b)(4))

The NLRA protects the right to strike or picket a primary employer - an employer with whom a union has a labor dispute. But it also seeks to keep neutral employers from being dragged into the fray. Thus, it is unlawful for a union to coerce a neutral employer to force it to cease doing business with a primary employer. That is only one aspect, however, of a complex legal picture.

Jurisdictional Standards

The Board has statutory jurisdiction over private sector employers whose activity in interstate commerce exceeds a minimal level. Over the years, it has established standards for asserting jurisdiction, which are described below.