The National Labor Relations Act (NLRA) is the federal law that sets the rules employers and unions must follow in organizing drives, contract negotiations and other situations. Section 7 of the NLRA sets out your right to organize. It says:
| “Employees have 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 shall also have the right to refrain from any or all of such activities except to the extent that such right might be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 159(a)(3).” |
Actions by the employer that violate this right to organize are called “Unfair Labor Practices” (ULPs), and they are ILLEGAL. Section 8A of the NLRA deals with unfair labor practices by employers. These include:
- Making threats— threatening that the plant will have to close or move if people vote in the union; threatening to take away jobs or benefits if the workers bring in the union, or threatening they will need to make rules stricter if workers bring in the union.
- Giving raises— giving wage increases timed to keep people from voting for the union (The ILWU says, “Take the raise—and vote union anyway!”) OR not giving regularly scheduled raises because workers are organizing.
- Questioning people— asking questions about union activities or people’s support for the union in a way that would “restrain or coerce” them.
- Spying on union meetings—or pretending to spy on union meetings.
- Discriminating against people— discriminating in hiring, promotion, layoff, termination, benefits or working conditions in order to discourage people from organizing.
- Discriminating against people who give testimony to the National Labor Relations Board (the body that enforces the NLRA).
