Introduction to Labor Rights
See: Glossary
National Labor Relations Act
What employer behavior is against the law according to the NLRA?
See: https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights
Section 8(a)(1) of the National Labor Relations Act broadly prohibits employers from interfering with workers’ labor organizing rights. This section includes protection of all rights outlined in Section 8(a), parts 2–5 (described below), as well as forms of interference not explicitly addressed in parts 2–5. In this report, we look at charges in which Section 8(a)(1) has been invoked independently of any other part of NLRA Section 8(a). These independent charges are identified elsewhere in this report under the label “coercion, threats, retaliation.” According to the NLRB’s Guide to the National Labor Relations Act (1997),
Examples of such independent violations [of Section 8(a)(1)] are:
• Threatening employees with loss of jobs or benefits if they should join or vote for a union.
• Threatening to close down the plant if a union should be organized in it.
• Questioning employees about their union activities or membership in such circumstances as will tend to restrain or coerce the employees.
• Spying on union gatherings, or pretending to spy.
• Granting wage increases deliberately timed to discourage employees from forming or joining a union. (NLRB 1997, 14)
Section 8(a)(2) prohibits an employer from “dominating” or illegally assisting a labor union. An employer who interferes in the formation or control of a union may be attempting to gain an advantage in bargaining or to discourage support of an actual union that is trying to organize the employees (NLRB 1997, 14).
Section 8(a)(3) prohibits an employer from discriminating against any worker because of union activity. Section 8(a)(3) charges are identified elsewhere in this report under the label “discipline, firings, changes in work terms.”
Examples of illegal discrimination under Section 8(a)(3) include:
• Discharging employees because they urged other employees to join a union.
• Refusing to reinstate employees when jobs they are qualified for are open because they took part in a union’s lawful strike.
• Granting of “superseniority” to those hired to replace employees engaged in a lawful strike.
• Demoting employees because they circulated a union petition among other employees asking the employer for an increase in pay.
• Discontinuing an operation at one plant and discharging the employees involved followed by opening the same operation at another plant with new employees because the employees at the first plant joined a union.
• Refusing to hire qualified applicants for jobs because they belong to a union. It would also be a violation if the qualified applicants were refused employment because they did not belong to a union, or because they belonged to one union rather than another. (NLRB 1997, 16)
Section 8(a)(4) prohibits an employer from punishing a worker for filing charges with the National Labor Relations Board.
Examples of violations of Section 8(a)(4) are:
• Refusing to reinstate employees…because they filed charges with the NLRB….
• Demoting employees because they testified at an NLRB hearing. (NLRB 1997, 17)
Section 8(a)(5) requires the employer to bargain in good faith with the union (NLRB 1997, 17). Section 8(a)(5) charges are identified elsewhere in this report under the label “refusal to bargain, repudiation of contract.”
See: https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights
Section 8(a)(1) of the National Labor Relations Act broadly prohibits employers from interfering with workers’ labor organizing rights. This section includes protection of all rights outlined in Section 8(a), parts 2–5 (described below), as well as forms of interference not explicitly addressed in parts 2–5. In this report, we look at charges in which Section 8(a)(1) has been invoked independently of any other part of NLRA Section 8(a). These independent charges are identified elsewhere in this report under the label “coercion, threats, retaliation.” According to the NLRB’s Guide to the National Labor Relations Act (1997),
Examples of such independent violations [of Section 8(a)(1)] are:
• Threatening employees with loss of jobs or benefits if they should join or vote for a union.
• Threatening to close down the plant if a union should be organized in it.
• Questioning employees about their union activities or membership in such circumstances as will tend to restrain or coerce the employees.
• Spying on union gatherings, or pretending to spy.
• Granting wage increases deliberately timed to discourage employees from forming or joining a union. (NLRB 1997, 14)
Section 8(a)(2) prohibits an employer from “dominating” or illegally assisting a labor union. An employer who interferes in the formation or control of a union may be attempting to gain an advantage in bargaining or to discourage support of an actual union that is trying to organize the employees (NLRB 1997, 14).
Section 8(a)(3) prohibits an employer from discriminating against any worker because of union activity. Section 8(a)(3) charges are identified elsewhere in this report under the label “discipline, firings, changes in work terms.”
Examples of illegal discrimination under Section 8(a)(3) include:
• Discharging employees because they urged other employees to join a union.
• Refusing to reinstate employees when jobs they are qualified for are open because they took part in a union’s lawful strike.
• Granting of “superseniority” to those hired to replace employees engaged in a lawful strike.
• Demoting employees because they circulated a union petition among other employees asking the employer for an increase in pay.
• Discontinuing an operation at one plant and discharging the employees involved followed by opening the same operation at another plant with new employees because the employees at the first plant joined a union.
• Refusing to hire qualified applicants for jobs because they belong to a union. It would also be a violation if the qualified applicants were refused employment because they did not belong to a union, or because they belonged to one union rather than another. (NLRB 1997, 16)
Section 8(a)(4) prohibits an employer from punishing a worker for filing charges with the National Labor Relations Board.
Examples of violations of Section 8(a)(4) are:
• Refusing to reinstate employees…because they filed charges with the NLRB….
• Demoting employees because they testified at an NLRB hearing. (NLRB 1997, 17)
Section 8(a)(5) requires the employer to bargain in good faith with the union (NLRB 1997, 17). Section 8(a)(5) charges are identified elsewhere in this report under the label “refusal to bargain, repudiation of contract.”