Overview: Just because an employer has a non-unionized workforce does not mean that the National Labor Relations Act (NLRA) does not apply. In fact, the NLRA offers protections to most employees, except agricultural laborers, domestic workers, family members, independent contractors and managers/supervisors. Similarly, the NLRA defines employer broadly and applies to all employers except for government organizations and railroads or airlines covered by the Railway Labor Act.
Therefore, it is important for employers to understand that, even absent a union, employees are guaranteed the right to engage in concerted activity to improve their wages, benefits and working conditions and an employer may not terminate them for this activity. In the wake of Facebook and forms of social media communication among employees, this has suddenly become a more prevalent protection for both union and non-union employees.
Trends: Recently the National Labor Relations Board (NLRB) has heard several cases - cases which did not involve a unionized workforce - and ultimately found that employers' social media policies, at-will disclaimers, and confidentiality of investigation policies violated the NLRA because they infringed upon an employee's right to engage in a protected concerted activity. Essentially, the NLRB is scrutinizing the language of employer policies that may hinder an employee's speech. Almost daily, the NLRB continues to actively pursue these claims against employers - union and non-union alike.
Author: Melissa Boyce, JD, Legal Editor
This briefing for supervisors examines the law and best practices for handling a union organizing campaign in the workplace.
Revitalized and poised with a full Senate-confirmed quorum for the first time in a decade, the National Labor Relations Board (NLRB) is making headlines for its aggressive and often controversial steps to remind union and non-union employers that the National Labor Relations Act (NLRA) protects the rights of individuals to do much more than unionize.
The National Labor Relations Board (NLRB) has broadened the definition of "joint employer" in a landmark ruling that could make it easier for unions to negotiate on behalf of workers at companies that rely on contractors and franchisees.
In a case that sparked nationwide debate, the National Labor Relations Board (NLRB) has declined jurisdiction and, therefore, dismissed an attempt by Northwestern University football players to unionize.
Employers seeking to establish limits on content related to the employer that an employee can post in social media should consider including a statement in their handbook.
As mandated by the National Labor Relations Board, a party to a representation proceeding seeking to file an unfair labor practice charge and block a petition must file this form.
In a precedent-setting complaint, the National Labor Relations Board (NLRB) has alleged that the US Postal Service (USPS) violated employees' right to collectively bargain about wages, benefits and working conditions when it failed to collectively bargain with the postal workers union over the response to a data security breach.
This How To details the steps a prudent employer should take to prepare for union representation elections.
This section helps HR professionals understand the National Labor Relations Act (NLRA), the Railway Labor Act (RLA) and applicable state laws as well as the types of employees and employers covered. It also highlights the National Labor Board and its authority to prevent unfair labor practices and enforce the NLRA.
HR guidance on complying with the NLRA.