The Unionization Process: Federal
Author: Mark Goodwin, LeClairRyan
- The National Labor Relations Board (NLRB) implements and oversees the rules governing the union representation election process. See Union Formation.
- An employer may implement various policies and practices to prevent union activity in the workplace. See Anti-Union Campaigns.
- Penalties for employer violations during a union election campaign include rerun elections and orders to bargain a contract with the union even if the union loses the election. See NLRB Penalties for Illegal Employer Actions During an Election Campaign.
- "Right to work" states prohibit a union and an employer from reaching an agreement to require union membership and financial support in the form of dues as a condition of continuing employment. See Right to Work Laws.
- The NLRA permits unionized employees to seek to decertify a union as their representative in certain circumstances. An employer may not instigate or assist employees with such efforts. See Union Decertifications.
The following states have additional requirements for this topic under applicable state law.
Your Preferred States
- Rhode Island
- South Carolina
- South Dakota
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- District of Columbia
- North Dakota
- West Virginia