NFIB

The National Labor Relations Act of the Wagner Act
Release Date: 02/ 08/ 2006

The National Labor Relations Act (NLRA) was enacted to encourage the practice and procedure of collective bargaining and to protect the workers’ rights to association, self-organization and negotiation of terms of employment through means of elected representatives.  The Act provides for the administration of a National Labor Relations Board (NLRB), which oversees the implementation of this Act, and details the rights and duties of employers, employees and labor unions. 

Rights of employees

• Self-organize, form, join, or assist labor organizations
• Bargain collectively through representatives of their own choosing
• Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
• Refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization

Unfair labor practices

By employer:

• May not interfere with rights of unions or union members
• May not dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it
• May not discriminate against or condition employment on membership in a labor organization
• May not discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony under the NLRA
• May not refuse to bargain collectively with the elected representatives of his employees

By labor organization:

• May not restrain and/or coerce employees in the exercise of their rights
• May not cause or attempt to cause an employer to discriminate against an employee based on his non-membership with the organization
• May not refuse to bargain collectively subject to provision 159(a) of NLRA
• May not engage or encourage strikes for the purpose of coercing an employer to join a particular labor organization
• May not charge future members fees deemed excessive by the NLRB 

Issues of collective bargaining

• Wage and salary negotiations
• Benefits, including health care and paid time-off
• General on-the-job working conditions
• Health and safety standards in the workplace

Workers who are not covered by NLRA Act

• Agricultural workers
• Workers employed in domestic services in a home
• Workers employed by a parent of spouse
• Independent contractors
• Supervisors
• Workers employed subject to the Railway Labor Act[1]
• Workers employed by state, local or federal government
• Workers employed by any person who is not defined as an employer under the NLRA

Penalties for interfering with the duties of any agent or member of the NLRB

• Fine of no more than $5,000
• Imprisonment for not more than one year
• Or both

For a complete copy of this law or any other information please refer to the U.S. National Labor Relations Board at 1-866-667-NLRB or visit their Web site at www.nlrb.gov.