Who is Covered by NLRA?
The National Labor Relations Act (NLRA) is designed to help protect employees across the country to ensure specific rights, engage in specific activities and, importantly, form and join unions. The majority of employees in the private sector are covered under the NLRA. However, the NLRA does not cover government employees, agricultural laborers, or independent contractors. The act also excludes supervisors, with a few exceptions. A Philadelphia NLRA attorney can help ensure that those rights are not being infringed upon by your employer.
Why can’t Managers Join Unions?
The main reason why managers are prevented from joining unions is to prevent a conflict of interest. A supervisor not only manages the labor force that makes up a union, but it also negotiates its labor contracts, determines their pay and benefits and makes decisions about hiring, firing, or discipling employees. For unions to effectively perform their purpose and adequately represent the interests of the laborers, it must be independent of employer influence.
What are the Major Provisions of The National Labor Relations Act?
The main purpose of the NLRA is to address the “inequality of bargaining power between employees who, according to the Act’s proponents, do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association.” There are four main parts of the Act, which include:
- The NLRA has an enforcement provision that empowers unions to fight unfair labor practices and raise their disputes in court.
- Section 7 of the NLRA establishes that covered employees have the right to join a trade union and engage in collective bargaining.
- Section 7 also establishes the rules that come with those rights.
- Section 8 of the NLRA defines a list of prohibited actions by employers, employees, and unions, known as unfair labor practices.
If you have concerns about unfair labor practices, contact the Philadelphia-based NLRA attorneys at the Zeff Law Firm for a consultation.
What is Section 7 of the National Labor Relations Act?
Section 7 of the NLRA may be the most important section of the act. It protects the right of employees to engage in collective bargaining, which is a process of negotiation between employers and employees. The end result of collective bargaining results in an agreement that determines salaries, working conditions, benefits, and other aspects of the workers’ rights. Although much of the NLRA deals with unionization, Section 7’s protections are extended to all non-supervisory employees, even those not members of a union.
Furthermore, Section 7 specifically defines and protects the ‘concerted activities’ of employees. Generally, protected concerted activity refers to situations in which employees act as a group for their mutual benefit. Nevertheless, individual employees can typically gain protection under the Act if the activity they’re engaged in relates to discussing the terms and conditions of their employment. Contact Philadelphia NLRA lawyers if you feel your right to organize at work has been violated.
The NLRA guarantees the right of employees to organize and bargain collectively with their employers. Furthermore, employers are prohibited from engaging in certain types of misconduct when interacting with unions. The Act also establishes the National Labor Relations Board, which investigates and resolves complaints under the NLRA. Under the NLRA, covered employees have the right to:
- Negotiate with your employer about your employment conditions and benefits.
- Organize or join a union.
- Enlist a representative to engage in collective bargaining with your employer.
- Go on strike.
- Take any other action to improve your working conditions or ensure that your rights are protected.
Call the experienced Philadelphia NLRA lawyers at Zeff Law Firm to discuss the specifics of your case.
How is the NLRA Relevant Today?
The NLRA was originally enacted in 1935. Although the Act is nearly 90 years old, there are still aspects of the statute that are still relevant today. When the law was first passed, it was focused on improving the overall working conditions of laborers, but over time, that focus has evolved. The NLRA is still relevant today because its scope is broad enough to extend beyond traditional labor relations. In more recent years, the NLRB has been refocused to protect both union and non-union workers, while still supporting the rights of employees to unionize.
If you believe you have a labor-related dispute at your workplace, contact our Philadelphia National Labor Relations Act (NLRA) lawyers at the Zeff Law Firm to discuss your right to organize at work in Pennsylvania and New Jersey.