The Ticktin Minute November 20, 2017 – Labor Unions and Employment Law

Labor Unions and Employment Law

There are certain rights employees who belong to Labor Unions have with regard to their employment. The National Labor Relations Act (“NLRA”), which was passed in 1935, codified such rights given to employees. The National Labor Relations Act specifies basic rights of private sector employees to organize trade unions, engage in collective bargaining, and enjoy other rights including going on “strike,” if necessary. The National Labor Relations Act further doesn’t allow employers to interfere with the right of employees to organize, form, join or assist a labor organization for collective bargaining purposes. This blog will focus on employer activities which violate The National Labor Relations Act.

The following are common examples of jobs where the employees are more than less likely to be associated with union activity. Teachers in public schools are one example of a job where the employees usually belong to a Union. Also, truck drivers, electricians, state employees, forklift drivers, warehouse workers, police officers, ironworkers and other similar craft/skilled jobs typically unionize. However, not everyone who is employed in these professions must or do belong to Unions (it is the employees’ decision).

Next, there are certain activities that employers cannot undertake when their employees belong to a Union. Employers can’t threaten to fire employees if they join or participate in voting for a Union or engage in other protected concerted action. Employees cannot threaten to close a plant or a work facility if the workers decide to unionize. Further, an employer cannot question their employees about their Union sympathies or activities or promise benefits to employees that do not join a Union. Employees also cannot transfer, lay off, terminate employees who join Unions. They also cannot assign harder tasks as a result of unionizing or otherwise punish employees for filing unfair labor practices charges against the employer.

If you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group for a complimentary consultation.