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The National Labor Relations Act (NLRA) was passed in 1935, and later amended by the Labor
Management Relations Act (LMRA), also know as the Taft-Hartley Act, in 1947. The purpose of
the NLRA was to codify the federal policy favoring industrial relations stability and employee free
choice. Although the NLRA covers most employees, some industries are exempt from its
protection. For a list of exempt industries, click here.
The NLRA makes it unlawful for an employer to discriminate against an employee because of
that employees union activities or affiliation. Also, employers cannot threaten or coerce
employees for engaging in union activity nor can they make promises to employees in
exchange for their not engaging in union activities. For other acts that violate the NLRA click
here.
The NLRA's employee protections extend also to employees who, although not affiliated with a
union, engage in concerted, protected activity. Concerted, protected activity is activity engaged
in by one or more employees with the intention of improving the terms and conditions of
employment of all employees. Examples of protected concerted activity include complaints
from a group of employees about wage rates and benefits and discussions between
employees about wages and benefits. Employers should not maintain work rules that prohibit
employees from discussing their wages or benefits with co-workers, as such rules generally
violate the NLRA.
The NLRA also created the National Labor Relations Board (NLRB), which is responsible for
enforcing the terms of the NLRA. The NLRB, in addition to its enforcement authority, has the
responsibility of conducting representation elections and certifying unions as the bargaining
representatives of employees. The election process is initiated when a union or group of
employees files a petition with the NLRB seeking a representation election. Employees who
are currently represented by a union may also file a petition seeking to decertify a union as their
representative.
Employers who either voluntarily recognize a union or whose employees vote to have a union
represent them are obligated to bargain with union in good faith in an attempt to reach an
agreement on a collective bargaining agreement. Once the employer and the union agree to a
collective bargaining agreement, the employer is not allowed to change it employees' terms
and conditions of employment without first seeking to bargain with the union.
The NLRA also places obligations on unions. First, the NLRA imposes on unions a duty to
represent the employees in the bargaining unit fairly. For example, a union cannot treat a
non-dues paying member differently from a dues paying member. Second, the NLRA prohibits
unions from engaging in certain types of strikes.
Management Relations Act (LMRA), also know as the Taft-Hartley Act, in 1947. The purpose of
the NLRA was to codify the federal policy favoring industrial relations stability and employee free
choice. Although the NLRA covers most employees, some industries are exempt from its
protection. For a list of exempt industries, click here.
The NLRA makes it unlawful for an employer to discriminate against an employee because of
that employees union activities or affiliation. Also, employers cannot threaten or coerce
employees for engaging in union activity nor can they make promises to employees in
exchange for their not engaging in union activities. For other acts that violate the NLRA click
here.
The NLRA's employee protections extend also to employees who, although not affiliated with a
union, engage in concerted, protected activity. Concerted, protected activity is activity engaged
in by one or more employees with the intention of improving the terms and conditions of
employment of all employees. Examples of protected concerted activity include complaints
from a group of employees about wage rates and benefits and discussions between
employees about wages and benefits. Employers should not maintain work rules that prohibit
employees from discussing their wages or benefits with co-workers, as such rules generally
violate the NLRA.
The NLRA also created the National Labor Relations Board (NLRB), which is responsible for
enforcing the terms of the NLRA. The NLRB, in addition to its enforcement authority, has the
responsibility of conducting representation elections and certifying unions as the bargaining
representatives of employees. The election process is initiated when a union or group of
employees files a petition with the NLRB seeking a representation election. Employees who
are currently represented by a union may also file a petition seeking to decertify a union as their
representative.
Employers who either voluntarily recognize a union or whose employees vote to have a union
represent them are obligated to bargain with union in good faith in an attempt to reach an
agreement on a collective bargaining agreement. Once the employer and the union agree to a
collective bargaining agreement, the employer is not allowed to change it employees' terms
and conditions of employment without first seeking to bargain with the union.
The NLRA also places obligations on unions. First, the NLRA imposes on unions a duty to
represent the employees in the bargaining unit fairly. For example, a union cannot treat a
non-dues paying member differently from a dues paying member. Second, the NLRA prohibits
unions from engaging in certain types of strikes.
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attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site creates
an express or implied contract. While efforts are made to present only accurate and current information, laws can
and do change and interpretations vary among jurisdictions, so all information is presented on an “as-is” basis.
This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site creates
an express or implied contract. While efforts are made to present only accurate and current information, laws can
and do change and interpretations vary among jurisdictions, so all information is presented on an “as-is” basis.
This site is for informational purposes only.
