National Labor Relations Act

The National Labor Relations Act ("NLRA"), 29 U.S.C. §151, protects the right of workers to associate with their coworkers (unionize), and to collectively bargain for the terms and conditions of their employment. The law also prohibits employers from interfering with that right, by proscribing certain practices, known as "unfair labor practices."

The NLRA is enforced by the National Labor Relations Board ("NLRB").

The specific rights granted by the Act are "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and . . . the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment."

However, the Act doesn't protect unions only. It also protects employers from "unfair labor practices" by unions, at 29 U.S.C. §158(b). To the extent either the employer or union commits one or more unfair labor practice, the other may file a complaint with the NLRB, within a limited time after the incident/practice complained of, to attempt to end the practice, as well as remedy any harm resulting from it.

The NLRB has the discretionary (though broadly interpreted) jurisdiction to process only complaints involving matters likely to have a substantial effect on commerce. However, to the extent the NLRB declines to exercise jurisdiction, most states have parallel state law counterparts, such as the Pa. Labor Relations Act, to address labor issues and/or disputes.

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