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For most workers, organizing a union is the only way to legally require an employer to negotiate in good faith over wages, hours and terms and conditions of employment. Without a union, employers are free to change the rules at any time, and do not have to be accountable to their workers for these changes. With a union, the parties have a duty to share relevant information, and bargain in good faith. Many employers spend a significant amount of money and effort to oppose union organizing drives.
Some employers, however, do more than spend money trying to persuade their workers to vote against unions. They might use threats, intimidation, or retaliation to make workers afraid of losing their jobs if they support the union. These measures are illegal.
What law makes it illegal to retaliate for union activity?
Congress passed the National Labor Relations Act (NLRA) in 1935. It was part of the New Deal era of reform. Congress stated its reasons as follows:
The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest.
What types of activity are covered by the NLRA?
The NLRA states that employees have the right:
Specific examples of the types of rights protected by the NLRA are:
The NLRA created the National Labor Relations Board (NLRB) to protect workers who organize unions, or engage in other protected concerted activity to improve working conditions. However, appointments to the NLRB are made by the president, so political differences in a given administration have meant that workers' interests have not always been foremost in the board's rulings.
Which employees are protected from retaliation under the law?
The NLRA covers most employees in the private sector. It does not cover government employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors.
The NLRB has adopted a rule that any private employer with 15 or more employees is covered. The railway and airline industries are covered by the similar Railway Labor Act
"They have to realize that this affects everyday people. It affects the boots on the ground. To me, it’s like a political chess game that they’re playing, and we seem to be pawns. "
–Ray Coleman Jr., a corrections officer at a federal prison in Florida on the government shutdown
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