Dealing With Labor Unions Part 1



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If your business employs union workers or if employees are in the process of trying to organize, you should already have an experienced labor lawyer on retainer. When it comes to labor law issues involving unions and collective bargaining, no employer should try to wing it alone without the advice of legal counsel.

The National Labor Relations Act ("NLRA") is the body of federal law that principally governs the rights of workers to unionize. Under Section 7 of the Act, American workers clearly have the right to self-organization, which includes the right to form or be a part of labor organizations.

Workers also have the right to bargain collectively through representatives of their own choosing, and to engage in other activities of a concerned nature for the purpose of collective bargaining, or for their mutual aid or protection. The NLRA protects the rights of workers to join the labor unions that will best represent their interests and to take action to defend their rights in the workplace.

The NLRA encourages collective bargaining and also places all kinds of legal restrictions on actions employers can take in response to efforts to unionize. The NLRA defines "unfair labor practices" to include:

- Interfering, restraining or coercing workers

- Dominating or seeking to control the union

- Discriminating against workers for union activity

- Discharging a worker for union activity

- Refuses to bargain in good faith with a duly elected union

The Taft-Hartley Act restricts labor unions, making the following union activities illegal:

- Coercing people to become union members

- Using threats, intimidation, or violence

- Forcing an employer to punish a worker for not being a union player

- Charging excessive union dues

- Refusing to bargain in good faith with the employer.

The first step is for workers to show that there is an interest in and support for a union. One common way for this to be done is to have workers sign authorization cards. If enough interest is shown, a petition requesting an election may be filed with the regional office of the National Labor Relations Board ("NLRB"), which is the enforcement arm of the NLRA. The board determines if there is sufficient interest in forming a union (usually 30 percent of the work force). If there is sufficient interest, the NLRB will follow a somewhat complicated process to designate a bargaining unit and see that an election is held. If over 50 percent of the employees vote to join a particular union, the organization is "certified" and the employer is required to bargain with the organization.




Dealing With Labor Unions Part 1