National Labor Relations Act (NLRA)

The National Labor Relations Act (NLRA) was signed into law in 1935 for the purpose of protecting the rights of employees, to support collective bargaining, and end the abusive actions of anti-union employers. A key provision of this law is to prohibit employers from retaliating against employees for union activity. The law applies to all employers who engage in interstate commerce. However, government, agricultural employers, and railroad and airline employers are excluded from the law’s provisions.

The NLRA came about when organized labor petitioned Congress to provide relief from oppressive employers who harassed, penalized, terminated and blacklisted union members and employees who tried to organize unions. The law did not come into being without the vigorous and sustained effort of organized labor.

The NLRA Prohibits Retaliation Because of An Employee’s Union Activity

The law protects the right of employees to organize a union and bargain as a collective unit for employee safeguards and wages as well as working conditions. Thus, employees can negotiate the conditions and terms of their employment and their mutual aid. It is illegal for an employer to interfere with the rights granted to employees by the NLRA.

The NLRA Prohibits Unfair Labor Practices By An Employer

The law declares a number of illegal employer activities also to be unfair labor practices. The following are examples of employer practices which violate the law:

– Threats to employees with job and benefit losses if they join a union or participate in activity which is protected by the NLRA

– Threatening to close the place of employment if employees choose a union to act on their behalf.

– Asking employees about their intentions regarding union activity.

– Creating circumstances that are designed to interfere with or prohibit employees from taking advantage of the rights provided them by the NLRA>

– Attempting to coerce employees to refrain from exercising their rights under the NLRA>

– Discouraging employee support for a union by promising benefits if they do not form a union or join an existing union.

– Disrupting employee positions by transferring or assigning employees to difficult tasks because they engaged in activity protected by the NLRA>

– Laying off or firing employees solely because they engaged in activity protected by the NLRA>

– Any other action against an employee or a group of employees that takes the form of retaliation.

An Adverse Employment Action Is Considered to Be Retaliation

Retaliation includes activities such as the employer imposing an adverse employment action which costs the employee money. Terminations, demotions, denials of overtime, benefits or promotions are all violations of the NLRA

This is an overview of the NLRA which is a law that has been the subject of numerous appellate and supreme court decisions. These decisions have modified and clarified the law. Any thorough review of the law as it stands today will necessarily have to include these decisions.

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