Unions

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. Therefore, though many of the decisions referenced in this chapter came about under the Trump administration and, at the time of publication, remain decisions that employers must be aware of and adhere to, the newly-constituted Board has begun to revisit some of these decisions and will continue to do so.

Labor law is a dynamic area and it is 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.

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.

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’ San Francisco office. She represents management in various industries in a broad range of labor and employment litigation and counseling. Laura is a trusted advisor and experienced litigator on traditional labor law matters. 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 www.jacksonlewis.com/people/laura-pierson-scheinberg. More information on the firm can be found on the firm’s website.