This section provides an overview of the National Labor Relations Act (NLRA), or “the Act,” which is the federal law that governs the relationship between most employers and unions in the private sector. This Chapter also discusses situations in which the NLRA imposes obligations on non-union employers.

The federal agency that enforces and administers the Act is the National Labor Relations Board (NLRB or the Board).

The membership and agenda of the Board often change with a new Presidential Administration. Indeed, President Joe Biden has now appointed a majority of the Board and the Board's General Counsel.

Labor law is a dynamic area, and it’s always difficult to know how to respond to newly issued Board decisions, especially when the decisions make fundamental changes in the law.

  • As a result, an employer that finds itself facing a union organizing effort, a claim for violation of employee rights under the NLRA, or who otherwise comes to the attention of the NLRB, should seek assistance from counsel experienced in labor relations matters.


CalChamber thanks Joshua Henderson at Jackson Lewis P.C. for his contributions to the Labor Relations in Private Employment chapter.

Josh has represented management in traditional labor matters for more than 25 years. His practice includes NLRB litigation, collective bargaining, due diligence in connection with corporate mergers and acquisitions, contract interpretation and discharge arbitrations, strikes and secondary boycotts, union campaigns and elections, and related litigation. Josh’s bio can be found at More information on the firm can be found on the firm’s website.