Labor Relations in Private Employment

Acknowledgments

CalChamber thanks Laura Pierson-Scheinberg at Jackson Lewis P.C. for her contributions to the Labor Relations in Private Employment chapter.

Laura is a partner in Jackson Lewis's San Francisco office and is co-leader of Jackson Lewis's Labor Relations practice group. Laura is a trusted advisor and experienced litigator on traditional labor law matters in a broad range of industries. Her practice includes Board litigation, collective bargaining, labor arbitrations, strikes and secondary boycotts, elections, and labor due diligence for corporate transactions. Laura's bio can be found at https://www.jacksonlewis.com/people/laura-pierson-scheinberg. More information on the firm can be found on the firm's website.

National Labor Relations ActNational Labor Relations Act
The NLRA provides employees with certain rights to join together to improve their wages and working conditions, with or without a union.

Unfair Labor Practice ChargesUnfair Labor Practice Charges
The NLRA prohibits certain acts, called “unfair labor practices,” by employers and by labor organizations.

Protected Concerted Activity in Union and Non-Union WorkplacesProtected Concerted Activity in Union and Non-Union Workplaces
The NLRA, under Section 7 and Section 8(a)(1), protects the rights of employees to engage in “protected concerted activity.”

Employee Rights to Strike and PicketEmployee Rights to Strike and Picket
The NLRA not only guarantees the right of employees to strike, but also places limitations and qualifications on how employees exercise that right.

Representation and Election ProcessRepresentation and Election Process
The most common method employees use to select a bargaining representative is a secret ballot representation election conducted by the regional director when a petition has been filed requesting one.

Collective BargainingCollective Bargaining
Section 1 of the NLRA declares that the policy of the United States is to encourage “the practice and procedure of collective bargaining..."

Union Security AgreementsUnion Security Agreements
The NLRA permits, under certain conditions, a union and an employer to make a union-security agreement, which requires employees to make certain payments to the union to retain their jobs.