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National Labor Relations Act (NLRA) Highlights
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National Labor Relations Board (NLRB)
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.
NLRB Authority to Prevent Unfair Labor Practices
The NLRB has the authority to prevent and remedy unfair labor practices by employers or labor organizations that affect commerce.
Employee Participation
Employees are empowered to participate in union activities and administration, and their participation is protected under the NLRA.
Right to Refuse to Join a Union
While upholding rights to unionize, the NLRA also allows employees to refrain from any or all such activities.
Prohibition of Unfair Labor Practices by Labor Organizations
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.
The Role of State Laws
While the NLRA sets the national framework, state laws may also affect labor relations, provided they do not conflict with federal law.
The Right to Organize
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.
Protection of Concerted Activities
The NLRA ensures that employees are protected when engaging in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
The Preemption Doctrine
The NLRA preempts state and local laws that are in conflict with its provisions, preserving federal authority over labor relations policy.
Prevention of Employer Influence Over Unions
Employers are restricted from interfering with the formation, administration, or support of labor organizations, ensuring union independence.
Employer-Provided Lists of Employees
In cases where a union seeks representation, employers must provide a list of employees to facilitate the process of free and fair union elections.
Collective Bargaining
The NLRA establishes the duty of employers and employees to bargain in good faith regarding wages, hours, and other terms and conditions of employment.
Secondary Boycotts
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.
Voluntary Recognition
Employers have the option to voluntarily recognize a labor union as the bargaining representative of their employees, without requiring an NLRB election.
Prohibition of Unfair Labor Practices by Employers
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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