Union Labor Law

The Basics of Labor Law

The laws of this country are meant to protect the right of workers to organize, whether it is to discuss the issues of wages, lack of proper benefits, and the general working conditions. The body of law that protects this right is known as the National Labor Relations Act.  It is sometimes referred to as the Wagner Act.  While there is no substitute for sound legal advice from a professional, the following is a basic guideline of union labor law (as it relates to unions).

• Any group of workers may organize or help organize a union, except managers (supervisors) and security guards. (Security guards can form their own union - they just can't be in a union with other employees.)
• Workers have the right to strike.
• Workers have the right to join a union.

The National Labor Relations Act prohibits the employer from performing certain acts, commonly referred to as unfair labor practices. Therefore, if you feel you that you are the victim of unfair labor practices, contact the NLRB.   They will assign a special agent to look into your case. 

Examples of Unfair Labor Practices:

• Threatening to fire a worker for union activity.
• Threatening a worker in any way, implicitly or explicitly, because of union activities. This can include demotions, reprimands, etc.
• Asking workers about union activities.
• Threatening to cut worker’s pay or benefits.
• Promising a promotion or raise, beyond those normally scheduled.
• Spying on union activity.

This Act also establishes guidelines that the unions themselves must follow to avoid being accused of unfair labor practice. Here are three examples

• Barring employees from entering the place of work.
• Acts of force against workers.
• Threats against any workers.

An interesting note on management: Management (or the union) can be held accountable for agent actions, even if they are unaware of agency. Even if the management did not know about or approve of the agent, there is still a risk of liability. In other words, if an anti-union worker threatens you ("You'll lose your job if you vote yes.") management can be held accountable for that threat. This stipulation within the law prevents management from using there employees as tools of unfair labor practice.

Companies do have the right to formulate predictions about the election. It becomes a threat, however, anytime this "prediction" is something that can be controlled by the employer.  Example – Outwardly assuming that a major client will withdraw its contracts with an employer if unionization occurs is well within the bounds of free speech. The employer has little or no control over what the client chooses to do.

Conversely, to state that unionization is too costly and that the employer will have to cut back on its labor force to offset the difference is slightly threatening.  The employer has complete control over the size of its work force.

During the entire process of negotiations, the employer must maintain the status quo with regards to pay, benefits, and working conditions. It cannot suddenly grant pay raises or pay cuts.  Yet, regularly scheduled pay raises must be given on time. Failure to do so is another type of unfair labor practice.

The NLRB uses a doctrine known as "the totality of conduct" when determining unfair labor practices. The NLRB looks at the employer's conduct throughout the entire campaign to determine if any current law has been broken. In other words, an employer doesn't have to blatantly flaunt the misuse of labor law to be reprimanded.

If the employer constantly bends the law, or commits regular minor infractions, the NLRB may find the employer in violation.  Employees should always write down all infractions, no matter how minor.

Furthermore, write down the date, who was involved, the time of day, and any witnesses. Good documentation can be critical in winning a favorable ruling from the NLRB.