National Labor Relations Act (NLRA)
Definition
A federal law that protects employees’ rights to organize, form unions, and engage in collective bargaining with their employers.
What is the NLRA?
The National Labor Relations Act (NLRA), passed in 1935, establishes the right of most private-sector employees to organize, join labor unions, engage in collective bargaining, and participate in other “concerted activities” for mutual aid and protection. The law is administered by the National Labor Relations Board (NLRB), which investigates unfair labor practice charges and oversees union elections. Importantly, the NLRA applies to both union and non-union workplaces.
Why is the NLRA Important for Employers
- Employers cannot interfere with, restrain, or coerce employees who are exercising their NLRA rights
- Applies beyond unionized workplaces; non-union employers must also comply with protected activity rules
- Certain workplace policies (e.g., social media policies, confidentiality agreements, or at-will language) can inadvertently violate the NLRA if drafted too broadly
- Violations may result in NLRB investigations, reinstatement orders, back pay awards, and required policy changes
FAQs
Does the NLRA apply to non-union workplaces?
Yes. The NLRA protects “concerted activity,” meaning two or more employees acting together to discuss wages, working conditions, or other employment matters, even in workplaces without a union.
What is considered an unfair labor practice under the NLRA?
Examples of unfair labor practices include interfering with employees’ right to organize, retaliating against union-related activity, refusing to bargain in good faith with a recognized union, and maintaining overbroad policies that discourage protected activity.
Can employers prohibit employees from discussing their wages?
Not typically. The NLRA protects employees’ rights to discuss wages and working conditions with coworkers. Blanket pay secrecy policies are typically considered a violation of the Act.
How ExtensisHR Can Help
We work with employers to:
- Review workplace policies, including employee handbooks, social media policies, and confidentiality agreements for NLRA compliance
- Provide guidance on lawful responses to union organizing activity
- Train managers on what they can and cannot say or do in matters related to labor relations
- Support policy updates in response to changes in NLRB rules or guidance