Right to Organize and Collectively Bargain

The NLRA covers most employees in the private sector. However, the act specifically excludes individuals who are public sector employees, agricultural employees, domestic employees, independent contractors, and employees at firms subject to the Railway Labor Act, such as railroads and airlines. These workers may be covered by other laws, such laws enforced by the Federal Labor Relations Authority covering federal workers. 

• Employees have the right to form a union where none currently exists or to decertify a union that has lost the support of employees.

• Examples of employee rights include: 
  • Forming, or attempting to form, a union in the workplace 
  • Joining a union, whether the employer recognizes the union or not 
  • Assisting a union in organizing fellow employees 
  • Refusing to do any or all of these things 
  • Being fairly represented by a union 

• Employees who are not represented by a union also have the right to engage in collective action. Specifically, employees can engage in “concerted activity,” which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.  
• Examples of protected concerted activities include: 
  • Two or more employees addressing their employer about improving their pay 
  • Two or more employees discussing work-related issues beyond pay, such as safety concerns or discriminatory conduct by a supervisor 
  • An employee speaking to an employer on behalf of one or more coworkers about improving workplace conditions 

• Forming or joining a union empowers workers to negotiate for better wages, benefits, and working conditions. Once a union is formed officially, the union can negotiate a binding contract called a collective bargaining agreement that applies to all workers in the “bargaining unit.” 

• On average across the U.S. economy, union members enjoy higher pay, more comprehensive health insurance, and safer workplaces than non-union workers.  

• Union contracts generally provide job security through progressive discipline and “just cause” provisions that prevent employers from terminating a worker without good cause. Non-union workers are generally employed on an “at will” basis and can be fired without cause.  

• Through collective bargaining, unions and employers must bargain in good faith about wages, hours, and other terms and conditions of employment until they agree on a labor contract or reach a stand-off or “impasse.”  

• If negotiations reach an impasse, an employer can impose terms and conditions so long as it offered them to the union before the impasse was reached.  

• Workers have a legally protected right to withhold their labor through a strike if their employer commits unfair labor practices or breaks the terms of employment, with varying rules based on the type of strike.  

• Once a contract is in place, neither party (workers nor the employer) may deviate from its terms without the other party’s consent, absent extraordinary circumstances. Most contracts include binding arbitration to resolve disputes.