Legal Definitions - Labor Relations Board

A Labor Relations Board, most notably the National Labor Relations Board (NLRB) in the United States, is an independent federal agency responsible for enforcing federal labor law. Its primary role is to protect the rights of private-sector employees to organize, form unions, bargain collectively with their employers, and engage in other protected concerted activities, or to refrain from such activities. The NLRB investigates and remedies unfair labor practices committed by employers or unions and conducts secret-ballot elections to determine if employees wish to be represented by a union.

Here are some examples illustrating the function of a Labor Relations Board:

• Example 1: Union Election Interference

  Imagine employees at a large online retail warehouse decide they want to form a union to negotiate for better wages and safer working conditions. They begin collecting signatures to petition for a union election. The company management, upon learning of the organizing effort, starts holding mandatory meetings where they show anti-union videos and tell employees that if a union comes in, the company might have to close the warehouse, causing everyone to lose their jobs. The union or the employees could file an unfair labor practice charge with the NLRB.

  How this illustrates the term: The NLRB would investigate whether the employer's statements constituted illegal threats or coercion designed to interfere with the employees' right to choose whether to unionize. If the NLRB finds that the employer committed an unfair labor practice, it could order the company to cease such actions, post notices informing employees of their rights, and potentially rerun the election if the interference was severe enough to taint the results.

• Example 2: Failure to Bargain in Good Faith

  Consider a situation where a union has been certified as the bargaining representative for nurses at a private hospital. The union and hospital management begin negotiations for a new collective bargaining agreement. After several months, the union alleges that the hospital is refusing to meet regularly, delaying providing necessary financial information, and making only superficial proposals without any real intent to reach an agreement. The union believes the hospital is not bargaining in "good faith."

  How this illustrates the term: The union could file an unfair labor practice charge with the NLRB. The NLRB would investigate whether the hospital's conduct constitutes a failure to bargain in good faith, which is a violation of federal labor law. If the NLRB determines that the hospital is not bargaining in good faith, it can issue an order compelling the hospital to negotiate seriously with the union to reach a contract.

• Example 3: Retaliation for Protected Activity

  Suppose a group of customer service representatives at a call center collectively signs a petition asking management to address persistent issues with their scheduling software, which frequently leads to incorrect shifts and missed pay. One week after the petition is submitted, the employee who initiated the petition is suddenly fired for "poor performance," despite having a clean record for years. The employee suspects they were fired in retaliation for their involvement in the petition.

  How this illustrates the term: The employee can file an unfair labor practice charge with the NLRB. Even without a union, employees have the right to engage in "protected concerted activity" – acting together or on behalf of others regarding their terms and conditions of employment. The NLRB would investigate whether the employee's termination was indeed a retaliatory act for engaging in protected activity. If a violation is found, the NLRB could order the employee's reinstatement with back pay and require the employer to post notices acknowledging the employees' rights.