What rights does an employer have under the National Labor Relations Act (NLRA)?
Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.
Under the NLRA, an employer has the right to freely express its views about unions and unionization so long as what its says does not tend to coerce, threaten or promise anything to employees. It is not required to recognize or bargain with a union unless or until that union shows that it represents a majority of the employees in a secret ballot election conducted by the National Labor Relations Board. Furthermore, the NLRA prohibits a union from refusing to bargain in good faith with an employer, engaging in secondary boycotts, causing an employer to pay for services that are not performed, picketing an employer for recognition or organizational purposes, or entering into a hot cargo agreement with an employer. A hot cargo agreement is where a neutral employer agrees to cease or refrain from using, selling, transporting, and dealing in any of the products of an employer that the union has labeled as unfair.