Labor Unions & the NLRA
by Tom O'DeaWhat is Labor Unions & the NLRA?Labor unions are organizations formed by employees to collectively advocate for better wages, benefits, and working conditions, and they go hand-in-hand with the National Labor Relations Act (NLRA). The NLRA, passed in 1935, is the federal law that protects employees' rights to organize, join unions, bargain collectively, and engage in certain concerted activities, even if they aren't union members.
Together, unions and the NLRA create a framework that balances employee voices with employer responsibilities. For employers, this means respecting employee rights, avoiding unfair labor practices, and understanding that employees have a legally protected space to discuss and improve workplace conditions. Far from being just a history lesson, these protections remain highly relevant today, shaping how workplaces handle everything from union organizing campaigns to day-to-day employee concerns. |
Who needs policies relating to Labor Unions & the NLRA?
Every private-sector employer in the United States should account for NLRA guidelines and rulings in their policies, regardless of whether their workforce is unionized. The law applies to most businesses engaged in interstate commerce, which is a legal way of saying "pretty much everyone."
Even smaller employers may find the NLRA relevant, since employees don't need to be in a union to exercise their rights under the Act. Workers who discuss pay, working conditions, or collective action of any kind are protected. Industries with a long history of union activity, like manufacturing, healthcare, and transportation, face higher exposure, but retail, tech, and hospitality are increasingly seeing union efforts too.
Although NLRA compliance is typically threaded into policies within other topics (because it works best that way), some companies try to bubble-wrap their handbook with a standalone NLRA savings clause policy.
Model policy templates related to Labor Unions & the NLRA
Employee rights under the National Labor Relations Act
View AllThe exhaustive history behind Labor Unions & the NLRA
Coming soon!
Jurisdictions with laws on Labor Unions & the NLRA
The NLRA, which applies broadly to most private-sector employers across the country, is meant to protect employees' rights to organize, join together for better working conditions, and bargain collectively with employers. It sets guardrails for what employers and unions can do during the process.
Because the NLRA preempts most state and local laws, there are very few additional requirements for private-sector employers (we cover captive audience laws in a separate topic). The main exceptions come in areas the NLRA does not cover, such as public-sector unions, where state laws establish the rules.
Reminder
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.