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National Labor Relations Act (NLRA) Highlights

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National Labor Relations Board (NLRB)

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An independent federal agency created under the NLRA to enforce its provisions, including conducting elections for labor union representation and investigating charges of unfair labor practices.

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NLRB Authority to Prevent Unfair Labor Practices

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The NLRB has the authority to prevent and remedy unfair labor practices by employers or labor organizations that affect commerce.

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Employee Participation

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Employees are empowered to participate in union activities and administration, and their participation is protected under the NLRA.

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Right to Refuse to Join a Union

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While upholding rights to unionize, the NLRA also allows employees to refrain from any or all such activities.

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Prohibition of Unfair Labor Practices by Labor Organizations

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Section 8(b) makes it an unfair labor practice for a labor organization to restrain or coerce employees or employers, in the exercise of their rights guaranteed by the NLRA.

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The Role of State Laws

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While the NLRA sets the national framework, state laws may also affect labor relations, provided they do not conflict with federal law.

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The Right to Organize

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Section 7 of the NLRA protects the right of employees to form, join, or assist labor organizations and to bargain collectively through representatives of their own choosing.

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Protection of Concerted Activities

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The NLRA ensures that employees are protected when engaging in concerted activities for the purpose of collective bargaining or other mutual aid or protection.

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The Preemption Doctrine

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The NLRA preempts state and local laws that are in conflict with its provisions, preserving federal authority over labor relations policy.

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Prevention of Employer Influence Over Unions

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Employers are restricted from interfering with the formation, administration, or support of labor organizations, ensuring union independence.

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Employer-Provided Lists of Employees

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In cases where a union seeks representation, employers must provide a list of employees to facilitate the process of free and fair union elections.

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Collective Bargaining

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The NLRA establishes the duty of employers and employees to bargain in good faith regarding wages, hours, and other terms and conditions of employment.

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Secondary Boycotts

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The NLRA prohibits labor unions from using secondary boycotts—pressure on a neutral employer to stop doing business with another business that the union has a dispute with.

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Voluntary Recognition

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Employers have the option to voluntarily recognize a labor union as the bargaining representative of their employees, without requiring an NLRB election.

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Prohibition of Unfair Labor Practices by Employers

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Section 8(a) outlines various employer actions that are considered unfair labor practices, such as interference, restraint, or coercion with respect to employees' rights under Section 7.

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