Know Your Rights
Unionization grants you greater influence over your wages, benefits, and working conditions. However, companies often prefer to maintain control over these aspects and may attempt to dissuade employees from unionizing. Rest assured, initiating a union is your protected right under federal labor law. You have the freedom to engage in discussions with your coworkers regarding both the establishment of a union and various workplace concerns, including compensation.
Laws for Each State
Click on your states to discover your Union Laws.
It’s Essential to Understand Your Rights In Order to Know How to Respond to Management Retaliation.
The National Labor Relations Act (NLRA) of 1935 guarantees employees the right to organize into unions, engage in collective bargaining, and take collective action.
Section 7 of the NLRA grants employees the right to organize a union to negotiate with their employer and engage in union-related activities, such as distributing literature and discussing union matters.
Section 8 of the NLRA prohibits supervisors and managers from interfering with employees' union activities and from retaliating against them for engaging in such activities.
Section 8 of the NLRA prohibits supervisors and managers from interfering with employees' union activities and from retaliating against them for engaging in such activities.
The right to unionize is constitutionally protected under the First Amendment's freedom of association and the Due Process Clause of the Fourteenth Amendment.
Employees have the right to unionize during non-work times and in non-work areas, and restrictions on communication with coworkers must not be discriminatory.
Unions can be recognized through democratic elections or voluntary employer recognition.
If employees believe their rights have been violated, they can contact the National Labor Relations Board (NLRB) for assistance.
Unions can be recognized through democratic elections or voluntary employer recognition.
If employees believe their rights have been violated, they can contact the National Labor Relations Board (NLRB) for assistance.
Want to Strike?
Strikes are protected under Section 7 of the NLRA, but there are limitations and qualifications on their legality.
Strikes may be lawful or unlawful depending on their object, timing, or conduct.
Unlawful strikes include those with unlawful objects or those that violate contractual provisions.
Serious misconduct during strikes, such as violence or threats, may result in employees losing their right to reinstatement.
Health care institutions have specific notice requirements for strikes under Section 8(g) of the NLRA.
Strikes may be lawful or unlawful depending on their object, timing, or conduct.
Unlawful strikes include those with unlawful objects or those that violate contractual provisions.
Serious misconduct during strikes, such as violence or threats, may result in employees losing their right to reinstatement.
Health care institutions have specific notice requirements for strikes under Section 8(g) of the NLRA.
This information is meant to provide a brief introduction to the essential rights that upcoming union leaders must know. Be prepared to conduct more research on your own time to become a master of unionization-related information.
Key terms
National Labor Relations Act (NLRA)
Aims to protect the rights of employees and promote collective bargaining between employers and labor unions. Key provisions of the NLRA include granting employees the right to form and join labor unions, engage in collective bargaining with employers, and take collective action, such as strikes, to pursue their interests. The NLRA fundamentally shapes labor relations in the United States by balancing the rights of employees, employers, and labor organizations.
First Amendment of the U.S. Constitution
Guarantees several fundamental rights, including freedom of speech, assembly, and petition. It protects the rights of workers to associate with one another for the purpose of forming and joining labor unions. This means that employees have the right to engage in union-related activities, such as discussing union matters with coworkers, distributing union literature, and wearing union insignia, without fear of retaliation or interference from their employers. The freedom of association enshrined in the First Amendment also extends to collective action, allowing workers to join together to negotiate with their employers for better wages, working conditions, and benefits.
Due Process Clause of the Fourteenth Amendment
Ensures that no state shall "deprive any person of life, liberty, or property, without due process of law." It safeguards individuals' rights to join together in labor unions and engage in collective bargaining without unjustified interference or discrimination from the government or employers. It ensures that workers have the opportunity to exercise their rights to unionize and engage in collective action in a fair and lawful manner, free from arbitrary or oppressive restrictions.
Strike
A concerted work stoppage or cessation of work by a group of employees as a form of protest or collective action against their employer. Strikes can be initiated by either unionized or non-unionized workers and may vary in duration and scope, ranging from partial to complete shutdowns of workplace operations. Strikes are considered a fundamental right under the National Labor Relations Act (NLRA) and are protected as long as they are conducted lawfully and for lawful purposes.
