National Labor Relations Act

Introduction

The National Labor Relations Act (NLRA) , enacted in 1935 as part of the New Deal, is the primary federal statute governing labor relations in the private sector. The NLRA establishes the right of employees to organize and bargain collectively through representatives of their own choosing. The statute created the National Labor Relations Board (NLRB) to administer and enforce the NLRA. The NLRA has been amended by the Taft-Hartley Act of 1947 and the Landrum-Griffin Act of 1959.

Section 7 Rights

Section 7 of the NLRA guarantees employees the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. Section 7 also protects the right to refrain from such activities.

Section 7 rights are the foundation of the NLRA. Concerted activity includes not only union organizing but also group action by employees to improve working conditions, even without a formal union. The NLRB has protected a wide range of concerted activities, including discussions about wages, safety complaints, and group petitions.

Union Representation

The NLRA provides procedures for employees to select a union as their exclusive bargaining representative. The NLRB conducts representation elections in which employees vote on whether to be represented by a union. If a majority votes for representation, the NLRB certifies the union.

The NLRB election process includes a petition showing employee interest, a pre-election hearing to determine the appropriate bargaining unit, and a secret ballot election. The Board determines the appropriate bargaining unit based on the community of interests among employees. Employers may not interfere with the election process through threats, promises, or other coercion.

Unfair Labor Practices

Section 8 of the NLRA defines unfair labor practices by employers and unions. Employer unfair labor practices include: interfering with, restraining, or coercing employees in the exercise of Section 7 rights; dominating or interfering with a labor organization; discriminating against employees to encourage or discourage union membership; discriminating against employees who file charges or testify under the NLRA; and refusing to bargain collectively.

Union unfair labor practices include: restraining or coercing employees in the exercise of Section 7 rights; causing an employer to discriminate against an employee; refusing to bargain collectively; engaging in secondary boycotts; requiring excessive initiation fees; and featherbedding.

The NLRB

The National Labor Relations Board is an independent federal agency composed of five members appointed by the President and confirmed by the Senate for staggered five-year terms. The Board decides cases arising under the NLRA, and its decisions are subject to review by the federal courts of appeals.

The NLRB has two principal functions: conducting representation elections and adjudicating unfair labor practice charges. The General Counsel, appointed by the President for a four-year term, has independent authority to investigate and prosecute unfair labor practice cases. The Board itself decides the legal issues in contested cases.

Collective Bargaining

The NLRA imposes a duty on both employers and unions to bargain in good faith over mandatory subjects of bargaining —wages, hours, and other terms and conditions of employment. The duty to bargain does not require either party to agree to a proposal or to make concessions. Bad faith bargaining may include surface bargaining, refusal to provide information, or unilateral changes in working conditions.

Permissive subjects of bargaining —those that are not mandatory —may be bargained but neither party may insist on them to impasse. Illegal subjects of bargaining —those that violate the NLRA or other laws —may not be bargained.

Strikes and Picketing

The NLRA protects the right to strike, but the right is subject to limitations. Economic strikers (those striking for better wages or working conditions) may be permanently replaced. Unfair labor practice strikers (those striking to protest employer violations) are entitled to reinstatement upon unconditional offer to return.

The NLRA and the Taft-Hartley Act prohibit certain strikes and picketing, including secondary boycotts, jurisdictional strikes, and recognitional picketing in certain circumstances. The NLRA also regulates union security agreements and authorizes states to enact right-to-work laws prohibiting mandatory union membership or fees as a condition of employment.

Conclusion

The NLRA establishes the legal framework for private sector labor relations in the United States. Section 7 rights, the representation election process, the prohibition on unfair labor practices, and the duty to bargain in good faith define the structure of collective labor relations. The NLRA continues to evolve through NLRB decisions, judicial interpretation, and ongoing debates about labor law reform.