Employee rights under the National Labor Relations Act: US
This Employee rights under the National Labor Relations Act (NLRA) policy is a general "savings clause" that explains how your organization will respect employees' protected rights to act together to improve wages, hours, and working conditions, including the right to support (or not support) a union, under Section 7 of the National Labor Relations Act and the National Labor Relations Board's enforcement of those rights (NLRA key reference materials).
The History Behind Employee rights under the National Labor Relations Act Policies in the US
Policies about Labor Unions & the NLRA are shaped by two competing interests: employees' protected right to organize and act together, and employers' need for clear guidance on workplace restrictions. Congress responded to years of strikes and uneven state rules by passing the National Labor Relations Act of 1935 (the Wagner Act). Section 7 put "concerted activities" into federal law, and Section 8(a)(1) made it an unfair labor practice for an employer to interfere with those rights.
In 1947, the Taft-Hartley amendments kept Section 7 rights in place while adding limits and new unfair labor practices, and the National Labor Relations Board (NLRB) became the main referee for what workplace rules cross the line.
Modern policies took their current form as the NLRB started scrutinizing everyday handbook language, especially confidentiality, social media, recording, solicitation, civility rules, and other policies with "overly broad" restrictions. The Board's approach has swung over time, and the standard changed again in Stericycle, Inc. (2023), which made it easier for employees to challenge rules that could reasonably chill Section 7 activity.
Some employers responded by adding an explicit NLRA rights statement to their handbooks so the policies within aren't interpreted as a ban on protected concerted activity.
Which Law is the Employee rights under the National Labor Relations Act Policy Meant to Comply With?
If you create and distribute an Employee rights under the National Labor Relations Act Policy for your US-based employees, it is in an effort to comply with the US's National Labor Relations Act (NLRA) and subsequent rulings and decisions made by the NLRB.
How to Write an Employee rights under the National Labor Relations Act Policy
- Start with "why" and introduce the concept, explain that your handbook and workplace rules are not meant to limit employees' protected group activity about work.
- State that employees have the right to organize and support a union, including forming, joining, or assisting one.
- Confirm employees can discuss wages and other working conditions with each other and with a union.
- Allow employees to act together to improve working conditions, including raising complaints, seeking outside help, and engaging in protected collective actions.
- Address workplace photos and recordings as potentially protected when used with co-workers to document or improve working conditions, while recognizing there may be overriding employer interests.
- Protect employees' ability to complain or criticize about work, while setting a boundary against unlawful, knowingly or recklessly false, or harassing conduct.
- Permit union insignia and apparel at work.
- Affirm employees may also choose not to participate in any of these activities.
When to Include this Policy in Your Employee Handbook
The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.
Most employers can skip a policy on this and be fine, as long as they comply behind the scenes with any related laws. Although a general savings clause like this would most likely not help an employer who has otherwise unlawful policies, some union-sensitive employers feel that they're worth it in an attempt to reduce risk. Our opinion is that smaller "savings clauses" are more effective when used within each policy that contains restrictions on topics that could be related to concerted activity.
Other Considerations
None.
Exceptions
None.
Model Policy Template for an Employee rights under the National Labor Relations Act Policy
Our policies do not prohibit activities protected by Section 7 of the National Labor Relations Act.
Section 7 of the National Labor Relations Act ("the act") guarantees employees the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, as well as the right to refrain from any or all such activities. Section 8(a)(1) of the act makes it an unfair labor practice for an employer to interfere with, restrain or coerce employees in the exercise of the rights guaranteed in Section 7 of the act.
Nothing in this handbook should be interpreted, applied or enforced to interfere with, restrain or coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act. To the extent that you are an employee covered by the act, nothing in this handbook prevents you from:
- Organizing a union to negotiate employees' wages, hours, and/or other terms of employment.
- Forming, joining or assisting a union, such as by sharing employee contact information; talking about or soliciting for a union during nonwork time, such as before or after work or during break times; or distributing union literature during nonwork time, in nonwork areas.
- Discussing wages and other working conditions with co-workers or a union.
- Taking action with one or more co-workers to improve working conditions by, among other means, raising work-related complaints directly with the employer or with a government agency, or seeking help from a union; striking and picketing, depending on its purpose and means; and taking photographs or other recordings in the workplace, together with co-workers, to document or improve working conditions, except where an overriding employer interest is present.
- Making complaints or offering criticism as long as you do so in a way that’s not unlawful, knowingly or recklessly false, or harassing toward any co-workers.
- Wearing union hats, buttons, t-shirts and pins in the workplace.
- Choosing not to engage in any of these activities.
All US-Specific Policies & Topics
View AllReminder
The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.