National Labor Relations Act Violations | ECLKC (2024)

FAQs

National Labor Relations Act Violations | ECLKC? ›

Examples of Employer Conduct Which Violate the NLRA Are:

Under the NLRA, it is illegal for your employer to:

Prohibit you from talking about or soliciting for a union during non-work time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.

It is unlawful for an employer to interfere with, restrain, or coerce employees in the exercise of their rights. For example, employers may not respond to a union organizing drive by threatening, interrogating, or spying on pro-union employees, or by promising benefits if they forget about the union.

Under its statute, the NLRB cannot assess penalties. The agency may seek make-whole remedies, such as reinstatement and backpay for discharged workers, and informational remedies, such as the posting of a notice by the employer promising to not violate the law.

The law does not cover government employees, agricultural laborers, independent contractors, and supervisors (with limited exceptions).

Employees covered by the National Labor Relations Act have the right to join together to improve their wages and working conditions, with or without a union. When an employer or union interfere with these rights, it is an unfair labor practice, and it violates the National Labor Relations Act.

Some examples of unreasonable demands in the workplace include: Deadlines that don't allow you enough time to complete the work. Low budgets that can't meet project requirements. Requests to run personal errands for your manager.

making offensive comments or exposing a colleague to offensive material at work; treating one worker or group of workers less well than others in terms of pay, benefits, or privileges; terminating workers based on reasons other than performance or conduct; and. any conduct that makes someone uncomfortable at work.

What happens when you file a complaint with the NLRB? ›

If you file a charge, the NLRB will fully investigate your charge and issue a decision on the merits of your allegations. If your job-related issues involve other laws, an NLRB agent will refer you to the appropriate agency or agencies.

The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or ...

Workplace discrimination is one of the most common violations of employee rights. Discrimination in the workplace occurs when you are treated differently than other employees because of age, gender, race, or religion.

Examples of Employer Conduct Which Violate the NLRA Are:

Questioning employees about their union sympathies or activities in circ*mstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act. Promising benefits to employees to discourage their union support.

If the NLRB determines that your rights have been violated by an employer or a union, you may be awarded appropriate remedial relief. For example, if an employer has unlawfully fired an employee, the NLRB may order the employer to rehire the employee and to pay the employee lost wages and benefits.

Excluded from coverage under the Act are public-sector employees (employees of state, federal and local governments and their sub-divisions), agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and ...

The National Labor Relations Act (NLRA) forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization or assisting a labor organization for collective-bargaining purposes, or engaging in protected ...

In 1935, Congress passed the National Labor Relations Act (“NLRA”), making clear that it is the policy of the United States to encourage collective bargaining by protecting workers' full freedom of association.

A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer.

National Labor Relations Act

The NLRA protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation.