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Labor relations is sometimes a contentious topic with the media because it involves employee rights and employer responsibilities. The Department of Labor’s Office of Labor-Management Standards administers certain reporting and disclosure requirements, but the National Labor Relations Board (NLRB) oversees and enforces union standards and practices.
Who is the NLRB?
The NLRB is an independent federal agency that was created through the National Labor Relation Act (NLRA). They are empowered to project the rights of employees who are free to collectively decide if they want to have a union as their bargaining representative with their employer. The NLRB works to prevent and minimize unfair labor practices that commonly occurs in private companies.
The NLRB ensures that employees have access to the legal framework that allows private-sector workers to organize and unionize in their workplaces. The NLRB investigates potential violation complaints concerning unfair labor practices and they help facilitate settlements by internal litigations and fact findings. The NLRB maintains an adjudicative and administrative board of judges who decided legal cases and enforce orders.
What are my Work Rights?
The official NLRA legislation guarantees employees the right to organize and collectively bargain with their employers. The NLRA allows employees who organize a union to negotiate with employers regarding wages, hours worked and other conditions of employment. Employees have the right to cooperatively take action with co-workers to improve working conditions and file complaints with applicable government agencies.
The Department of Labor (DOL) and the Occupational Safety and Health Administration (OSHA) are frequently contacted concerning unfair wage practices, such as forcing employees to buy their own personal protective equipment (PPE), and unsafe working conditions, such as requiring employees to expose themselves to hazardous materials without PPE or training. Once employees form a union, they may collectively bargain through appointed representatives. This often comes down to union reps formally meeting with employers to discuss, negotiate and adjust collective contracts.
Employment Prohibitions
Some employers aggressively attempt to prevent employees from unionizing. The NLRA mandates that it is illegal for employers to prohibit employees from organizing a union during non-work hours, such after work or during designated break times. Employees are free to distribute union literature during non-work hours in non-business areas, such as break rooms or parking lots. Employers are forbidden from questioning employees about their union activities. They cannot dissuade employees from engaging in union activities through demoting, transferring or firing pro-union employees.
There are also specific restrictions for union activities. Unions cannot threaten to take away a worker’s job if the individual refuses to join. Unions are required to address and process formally filed union grievances. Unions must maintain equitable hiring and job referral standards. Unions, like employers, are held accountable for their actions and are expected to make genuine efforts to reach agreements and resolve problems.
When it comes to properly managing labor relations, one of the best practices that HR professionals and managers can do is to advocate that unions carefully select qualified and competent employees to represent them.
See also: What is Human Resources?
