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
Use this workflow to determine whether a non-union employee's activity, including speech or organizational activities, is protected under the National Labor Relations Act (NLRA).
The Supreme Court in Harris v. Quinn struck down an Illinois law compelling home care personal assistants (PAs) working under the Illinois Rehabilitation Program to pay union dues despite being non-members but stopped short of stripping a state's ability to require non-union public sector workers to pay union dues. In a 5-4 decision, the Court narrowly ruled that the First Amendment prohibits the collection of "fair share" or agency fees from the PAs because they are "partial public employees" rather than "full-fledged public employees."
In-depth review of the spectrum of Mississippi employment law requirements HR must follow with respect to strikes, lockouts and other "economic weapons."
In-depth review of the spectrum of Mississippi employment law requirements HR must follow with respect to Union Organization and Labor Relations
In-depth review of the spectrum of Mississippi employment law requirements HR must follow with respect to public sector labor relations.
The Supreme Court unanimously ruled in Noel Canning v. NLRB that President Obama's three recess appointments to the National Labor Relations Board (NLRB) in January 2012 are invalid and unconstitutional. This decision is critical for employers because, by concluding that the President lacked the power to make the three recess appointments to the NLRB, the NLRB lacked the legal authority to issue over 800 (including several controversial) decisions that affect both union and non-union workplaces.
HR and legal considerations for employers regarding the management of labor relations. Support and guidance on the ever growing field of labor law.