Employee Rights

The National Labor Relations Act (NLRA) was enacted by Congress in 1935 and was celebrated as the Magna Carta of American labor for many years. Before its passage, employers were free to spy on, interrogate, discipline, discharge, and blacklist union members, leading to an environment with little employee protections. However, the 1930s saw a vigorous wave of worker organizing, marked by significant strikes in 1933 and 1934, which included citywide general strikes and factory occupations. These efforts faced violent opposition from police and private security forces backing anti-union employers, prompting some historians to believe that Congress enacted the NLRA primarily to prevent a potential revolutionary wave of labor unrest.  

The NLRA established robust employee protections by guaranteeing workers the right to join unions without fear of retaliation from management. Additionally, it created the National Labor Relations Board (NLRB) to enforce these rights and prohibited employers from engaging in unfair labor practices that could deter union organizing or hinder workers from negotiating a union contract.  

The enactment of the NLRA energized union organizing across various sectors, including the automobile, steel, electrical, manufacturing, and rubber industries. By 1945, union membership surged to 35% of the workforce. In response, industrialists and detractors of organized labor sought to weaken the NLRA, achieving this goal in 1947 with the passage of the Taft-Hartley Act, which introduced provisions allowing unions to be prosecuted for various activities, such as mass picketing and secondary boycotts. The last significant revision of the NLRA came in 1959 with the Landrum-Griffin Act, which imposed further restrictions on unions.  

Key Provisions  

The most crucial sections of the NLRA are Sections 7, 8, and 9. Section 7 is the heart of the NLRA, defining protected activities for employees. In essence, it stipulates:  

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their choosing, and to engage in other concerted activities for mutual aid and protection related to collective bargaining.  

This section safeguards a broad range of union and collective activities. Beyond organizing, it protects employees participating in grievances, on-the-job protests, picketing, and strikes.  

Section 8 details employer unfair labor practices. Five types of conduct are deemed illegal:  

1. Employer interference, restraint, or coercion against union or collective activity (Section 8(a)(1)).  

2. Employer domination of unions (Section 8(a)(2)).  

3. Employer discrimination against employees involved in union or collective activities (Section 8(a)(3)).  

4. Employer retaliation against those filing unfair-labor-practice charges or cooperating with the NLRB (Section 8(a)(4)).  

5. Employer refusal to negotiate in good faith with union representatives (Section 8(a)(5)).  

Forms of interference and coercion that violate Section 8(a)(1) include threats, warnings, and orders against engaging in protected activities. Disciplinary actions, such as suspensions or demotions, violate Section 8(a)(3), while unilateral decisions and refusals to hold grievance meetings infringe upon Section 8(a)(5).  

Section 8 also prohibits unfair labor practices by unions, which include failing to provide fair representation to all members of the bargaining unit.  

Finally, Section 9 asserts that unions recognized or certified are the exclusive representatives of bargaining unit members, ensuring that employee grievances cannot be adjusted without union representation present and establishing proper procedures for electing union representation. The NLRA lays out essential rights and obligations, with the NLRB responsible for enforcing the Act in specific scenarios.