National Labor Relations Act (1935)
10 July 2006(as amended by the Labor Management Relations Act of 1947), 29 U.S.C. §§141-169
Coverage and Prohibition: The National Labor Relations Act (“NLRA”) applies to employers in all industries affecting commerce and to all employees (not just union employees) except agricultural laborers, individuals employed in the domestic service of a family or person, individuals employed by their parent or spouse, independent contractors, and supervisors. The NLRA gives employees the right to form, join, and assist labor organizations, or to refrain from such activities, and to bargain collectively with employers. In addition, the NLRA gives employees the right to engage in “concerted activities for collective bargaining or other mutual aid or protection.” This entitlement has been interpreted to protect nonunion employees who question the terms and conditions of their employment.
Enforcement: The National Labor Relations Board (“NLRB”) is the primary enforcement agency. A comprehensive regulatory scheme for labor management relations has grown out of the NLRA. The decisions of the NLRB have prescribed standards for the selection of employee representatives, for the negotiation and administration of collective bargaining agreements, and for the decertification of employee representatives. The NLRB also has given nonunion employees the right to discuss their pay and complain about their working environment. Other decisions have limited employer participation groups and even e-mail policies.
Remedies: Violations of the NLRA and the decisions of the Board may be redressed with a wide variety of remedies tailored to different types of violations.
Related Regulations:
Department of Labor (“DOL”) Statement of [NLRB] Procedures [Governing Unfair Labor Practice and Representation Cases], 29 C.F.R. §§101.1-101.43, 102.1-102.155.
DOL: Other Rules [Identifying Miscellaneous Industries Subject to the Jurisdiction of the NLRB], 29 C.F.R. §§103.1-103.3.
DOL: Federal Mediation and Conciliation Service, 29 C.F.R. Parts 1400 - 1430.
DOL: Labor Management Reports, 29 C.F.R. §§401-409, 451-453.
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