Overview: While the percentage of US workers that are unionized has been declining for years, the importance unions play for those they represent continues to be high. The management of labor relations is an important area of concern in the workplace. Both employers and employees covered by the National Labor Relations Act (NLRA) have rights and obligations regarding the unionization of employees. Some key concepts for employers include collective bargaining, lockout, strikes, unfair labor practice, protected concerted activity, right to work, and good faith bargaining - but there are many more!
Trends: Currently 24 states, mostly in the southern and western areas of the United States, are "Right to Work" states. Union organizing is more difficult in these states because they 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.
Non-union employers should NOT be complacent that the NLRA or the NLRB don't apply to them. The NLRB has recently ruled in several broad areas, notably social media and employment-at-will disclaimers, which affect all workplaces, union and non-union alike.
Author: Melissa Boyce, JD, Legal Editor
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As recommended by the Tennessee Department of Labor and Workforce Development, an employer is encouraged to display this poster to advise employees of their rights under Tennessee's Right to Work law.
On November 18, 2013, The National Labor Relations Board (NLRB) Office of the General Counsel (OGC) announced that it has authorized complaints against Wal-Mart for unlawfully retaliating against its employees who engaged in strikes and protests on November 22, 2012, otherwise known as "Black Friday."
An administrative law judge (ALJ) for the National Labor Relations Board (NLRB) has found that an employer violated the National Labor Relations Act (NLRA) by refusing to bargain with a union unless the union agreed that any collective bargaining agreement (CBA) reached would be void if the US Supreme Court upholds the controversial Noel Canning decision.
The Public Sector Labor Relations: Ohio section of the Employment Law Manual has been updated to reflect the OH Supreme Court's ruling on the notice requirements for both informational and work stoppage-related picketing.
XpertHR's innovative Liveflo Tool now includes a workflow to assist an employer with determining whether a non-union employee's activity is protected under the National Labor Relations Act (NLRA).
Arbitration is a voluntary dispute resolution process that is preferred by many employers because it is quicker and cheaper than litigation. This section reviews the enforceability of arbitration agreements, arbitration programs, the arbitration process, labor arbitration, rights arbitration and interest arbitration.
Federal courts have blocked the National Labor Relations Board from requiring an employer to post the Employee Rights under the NLRA poster.
The Supreme Court has agreed to review a 7th Circuit Court of Appeals decision that held that requiring Illinois non-union home health care workers to pay a "fair share" of union dues based on a collective bargaining agreement (CBA) does not compel their speech and association with the union in violation of the First Amendment.
The Labor Relations content has been expanded to include new resources that help employers manage unions in the workplace and understand employees' rights under the National Labor Relations Act.
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.