History

• In 1935, Congress passed the NLRA. This act protects unions from employers. Under the act, employers cannot victimize employees for joining a union. The formation of company-founded unions is also prohibited. The NLRA also outlaws discrimination of union members; employers cannot hire, fire, promote or demote because of an employee's union membership status. The NLRA allows for workers to stage a strike in opposition to unfair labor practices.
  
  

Types

• The NLRA lists eight actions legally considered unfair labor practices. Employers cannot interfere with their employees' legal right to form or join a union. Employers must engage in requested negotiations over wages, hours and work conditions. There must be a grievance process in place for dissatisfied employees. Companies may not “lockout” employees or otherwise keep them from performing their job duties. Employers are barred from requiring supervisors to participate in unfair labor practices. Moreover, they cannot form a company-run union. Finally, employers cannot discriminate against an employee for exercising his rights or for testifying against the company in court.
  
  

Effects

• The government commissioned the National Labor Relations Board to implement the NLRA. The NLRB’s primary function is to mediate between employers and unions. Any disputes of this type go through the NLRB’s regional offices for resolution. It’s the employee's responsibility to contact the NLRB about unfair practices. Employee contact of the NLRB can only happen in two specific ways. Employees need to either post a secret ballot where the majority agrees to unionize, or they need to officially charge that their employer promotes actions that are illegal under the NLRA.
  
  

Benefits

• The NLRB’s goal is to mediate arguments over unfair labor practices and resolve any issues to avoid going through the court system. Under the NLRA, legal clarification of unfair practices has a number of benefits, whether the situation is resolved through the NLRB or through the court system. The law protects employees who are, in turn, protected by unions. This keeps wages and working conditions standardized and on par with other developed countries.
  
  

Considerations

• The NLRA’s position on strikes is still a point of controversy. The act discourages companies from replacing striking workers with permanent employees. Although this isn’t an illegal act, it may defeat the purpose of the NLRA’s ban on union discrimination. In 1995, president Bill Clinton barred companies who replace striking workers from receiving federal contracts. However, strike replacement is still technically legal under the NLRA.