Important Employee Rights and How to Use Them: The National Labor Relations Act

©Atlanta Journal-Constitution. Courtesy of Georgia State University.

Members of the Bakery, Confectionery and Tobacco Union, Local No. 42, protest the plight of women under the Ronald Reagan administration.

Have you ever heard of the National Labor Relations Act (NLRA) and wondered how it helps you? You’re not alone! According to a 2020 report published by the Roosevelt Institute (RI), many workers are not aware of current labor and employment laws or how they function. Labor laws such as the NLRA protect employees from exploitation by their employers. However, if employees don’t understand their rights, then employers can ignore them all the same.

Because we work so hard to help our clients secure gainful employment, we also want to make sure everyone is aware of their rights! This article is the first in a series outlining important labor laws and how they help workers, so stay tuned!

 What is the National Labor Relations Act?

The National Labor Relations Act (NLRA) protects employees and employers from unfair labor practices. It provides private-sector employees the right to form, join, or assist unions, and requires employers to bargain with unions in good faith. Section 7 of the NLRA also protects concerted activity independent from the union sponsored activity. The NLRA prohibits employer interference with any such activities, as outlined in section 8.  

Why is it important to know? 

A 2020 report published by the Economic Policy Institute (EPI) tells us that when union representation is high, non-union workers benefit from higher wages and other improved workplace conditions. A 2022 report published by the EPI explains that, despite a large and growing number of workers who want union representation, the number of workers represented by a union plummeted between 2020 and 2021. Unfortunately, the previously mentioned RI report tells us that employers are more willing than ever to take advantage of their employees through the lack of union representation and limited understanding of labor laws.

How can you take action?

Unionize

You can start by attempting to unionize your workplace! The National Labor Relations Board can recognize unions in two ways. First, you can collect signatures in favor of unionization from at least 30% of your coworkers. The National Labor Relations Board can conduct a final vote once you have presented them with the signatures. If a majority of workers vote for unionization, then the NLRB will certify the union as the workers’ representation in collective action, including bargaining. Second, your employer can choose to recognize a union based on evidence, such as signed union authorization cards from a majority of workers. For more information on how to unionize, visit the LaborLab website!

Educate Yourself

Unionization is one of the most effective ways to advocate for and guarantee employee rights, though it is a tiresome process that may not see immediate results. Before you receive union certification, it’s important to know how the NLRA protects you already!

Employers often get away with the illegal treatment of their employees because they create an environment where employees feel uncomfortable confiding in one another. Companies will often include conditions in employee contracts that prevent employees from discussing salary or wage levels and company benefits. This is problematic for a few reasons: 

First, employees are less likely to realize they are receiving unfair treatment. If coworkers cannot compare their situations, then employers are more likely to get away with discriminatory practices despite the federal law supposedly protecting employees from such practices. 

Second, employees who know they are being discriminated against are less likely to speak out. If an employee believes they are being unfairly treated, they still need evidence of that difference in treatment. Since employees are afraid to discuss the conditions of their employment with each other, it is far more difficult for that employee to gain the information they need to speak out and to feel supported in the workplace. 

If you find yourself in trouble for engaging in conversations like these, consider whether your employer allows conversation not related to work during work hours. If your employer is only targeting discussions related to employment conditions, then this displays a clear intent to violate your section 7 rights of the NLRA and you can respectfully make your employer aware of this error. If your employer prohibits any conversation not about work in the workplace, then the NLRA does not protect your ability to engage in such discussion at work. In this situation, your right to discuss such things outside of work remains protected by the NLRA and is a wonderful way to ensure you and your coworkers are receiving fair treatment.

Summary

The National Labor Relations Act protects the rights of private-sector employees to form, join, or assist unions, and requires employers to bargain with unions in good faith and without fear of retaliation. It similarly protects the rights of employees to engage in discussions concerning employment conditions. To learn more about the specifics of the NLRA, check out the NLRB website.

We hope this post has helped you learn more about the laws that protect your rights as an employee in the United States. If you believe your employer is not following the law correctly, you can set up appointments with our career consultants for advice and also look into help from Austin employment legal aid and pro bono services!