- What is the NLRA?
- What does the NLRA do?
- Who is covered by the NLRA?
- Who is not covered by the NLRA?
- What rights do employees have under the NLRA?
- What responsibilities do employers have under the NLRA?
- What are the penalties for violating the NLRA?
- How can I file a complaint under the NLRA?
- What are some recent NLRA cases?
If you’re wondering who can review your company’s contract labor law rules, the answer is anyone who is affected by them. This includes employees, managers, and even HR professionals.
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The National Labor Relations Board (NLRB) is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions. The NLRB conducts elections for union representation and investigates and remedies unfair labor practices. It also handles appeals of orders issued by Regional Directors in their adjudicatory capacity.
What is the NLRA?
The National Labor Relations Act (“NLRA”) is the primary law governing relations between unions and employers in the United States. The NLRA was enacted in 1935 as part of President Franklin Roosevelt’s New Deal and is administered by the National Labor Relations Board (“NLRB”).
The NLRA protects the rights of employees to form unions and to engage in collective bargaining. The NLRA also prohibits certain unfair labor practices by employers, such as interference with employee organizing efforts, discrimination against employees who engage in union activities, and retaliating against employees who file charges with the NLRB.
What does the NLRA do?
The National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and promotes collective bargaining. The NLRA applies to most private sector employers and employees. The NLRB also has jurisdiction over certain state and local government employers and employees.
Who is covered by the NLRA?
Broadly, the National Labor Relations Act (NLRA) applies to private-sector employers and employees, with a few key exceptions. Public-sector employees (e.g., those employed by the government, including municipalities and school districts) are not covered by the NLRA, nor are agricultural workers, independent contractors, domestic workers employed in someone’s home, or certain railroad and airline workers.
Who is not covered by the NLRA?
The National Labor Relations Act (NLRA) does not cover certain workers, including agricultural laborers, public employees (such as government workers, independent contractors, and some railroad and airline employees), and domestic workers. In addition, supervisors and managers are not protected under the NLRA if they are considered “independent contractors.”
What rights do employees have under the NLRA?
NLRA rights are protections that workers have against unfair labor practices by their employers. The National Labor Relations Board (NLRB) is the independent federal agency that administers and enforces the NLRA.
The NLRA guarantees the right of employees to:
-Organize a union to negotiate with their employer for better wages, hours, and working conditions;
-Engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; and
-Refuse to engage in any of these activities.
The NLRA applies to most private sector employers, regardless of size. However, there are some exceptions, such as agricultural workers, domestic workers, supervisors, and independent contractors.
What responsibilities do employers have under the NLRA?
The National Labor Relations Act (NLRA) is a federal law that protects the rights of employees to engage in certain types of concerted activity for their “mutual aid or protection” and to prohibit employers from retaliating against employees who engage in such activity.
There are two primary types of concerted activity protected under the NLRA:
1. Collective bargaining – this is when two or more employees acting together try to negotiate with their employer about wages, hours, and other terms and conditions of employment.
2. Protected strikes – this is when two or more employees acting together refuse to work in order to protest their working conditions or try to get their employer to agree to certain terms and conditions of employment.
Employers are generally prohibited from retaliating against employees who engage in protected concerted activity, but there are some exceptions. For example, employers are allowed to discipline employees for engaging in unprotected strikes (such as wildcat strikes) or for violating workplace rules that are equally applied to all employees regardless of union membership.
What are the penalties for violating the NLRA?
The National Labor Relations Board (NLRB) is an independent federal agency that protects the rights of private sector employees to join together, with or without a union, to improve their wages and working conditions. The NLRB also acts to prevent and remedy unfair labor practices committed by employers and unions.
The National Labor Relations Act (NLRA) guarantees employees the right to:
-Form or join a union
-Engage in collective bargaining with their employer
-Strike and picket
-Talk about unions or other workplace issues with co-workers or the media
The NLRA prohibits employers and unions from engaging in certain types of conduct that interferes with these rights. These activities are called “unfair labor practices.”
There are two types of unfair labor practices: those that are committed by employers and those that are committed by unions. Employer unfair labor practices include, but are not limited to, firing or disciplining an employee for engaging in protected activity, such as supporting a union. Union unfair labor practices include, but are not limited to, threatening or restraining employees who are exercising their rights under the NLRA.
The NLRB is responsible for investigating and prosecuting unfair labor practice cases. If the NLRB finds that an employer or union has committed an unfair labor practice, it may order the party to take corrective action, such as reinstating a fired worker or rescinding a disciplinary action. The NLRB may also order the employer or union to pay back pay or other damages to the victim of the unfair labor practice.
In some cases, the NLRB may order a company to bargain with a union if it finds that the employer has committed an unfair labor practice that has interfered with employees’ right to form a union.
How can I file a complaint under the NLRA?
If you believe your rights under the National Labor Relations Act (NLRA) have been violated, you can file a complaint with the National Labor Relations Board (NLRB). To file a complaint, you must complete and submit a Form 5. You can find the Form 5 online at: https://www.nlrb.gov/complaint-filing/file-charge .
Once the NLRB receives your complaint, they will investigate to determine if there is merit to your claim and whether or not they will pursue legal action on your behalf. If you have questions about filing a complaint or the status of your complaint, you can contact the NLRB at:
What are some recent NLRA cases?
On June 7, 2018, in Epic Systems Corporation v. Lewis, the Supreme Court held that employers may require their employees to agree to resolve disputes through individual arbitration. This decision will likely have a significant impact on the future of labor law in the United States.
The case began when several employees of Epic Systems Corporation filed a class action lawsuit against their employer alleging that they had been misclassified as exempt from overtime pay under the Fair Labor Standards Act (FLSA). The employees argued that they should have been classified as non-exempt and entitled to overtime pay for work performed outside of normal business hours.
Epic Systems Corporation asked the court to dismiss the case and compel the employees to arbitrate their claims individually pursuant to the Federal Arbitration Act (FAA). The district court granted Epic’s motion, but the Seventh Circuit Court of Appeals reversed, holding that the NLRA’s protection of collective bargaining agreements preempted the FAA.
The Supreme Court disagreed and reversed the Seventh Circuit’s decision. In an opinion authored by Justice Neil Gorsuch, the Court held that the NLRA does not preempt the FAA and that employers may require their employees to agree to resolve disputes through individual arbitration.
This decision is likely to have a significant impact on labor law in the United States. First, it will make it more difficult for employees to bring class action lawsuits against their employers. Second, it will make it more difficult for employees to band together and bargain collectively with their employers. Third, it will make it more difficult for employees to challenge allegedly illegal workplace practices.
We will continue to monitor developments in this area of law and will provide updates as new information becomes available.