Legal Definitions - National Labor Relations Board

The National Labor Relations Board (NLRB) is an independent agency of the U.S. federal government responsible for enforcing the National Labor Relations Act. This foundational law guarantees the right of most private-sector employees to organize, form, join, or assist labor organizations, or to refrain from such activities. The NLRB's primary role is to safeguard these rights by preventing and remedying unfair labor practices committed by employers or unions, and by overseeing secret-ballot elections to determine whether employees wish to be represented by a union.

Established in 1935, the NLRB acts as a neutral arbiter in labor disputes, ensuring fair play in the workplace regarding collective bargaining and unionization efforts. It investigates complaints, conducts hearings, and issues decisions to uphold the rights and responsibilities outlined in federal labor law.

Here are some examples illustrating the role of the National Labor Relations Board:

• Scenario: Protecting Employees from Retaliation for Union Activity

  A group of software developers at a private tech company begins discussing forming a union to advocate for better work-life balance and clearer promotion paths. After attending an initial organizing meeting, one developer, who was openly supportive of the union, is suddenly demoted and has their project responsibilities significantly reduced by management, despite a consistent record of high performance. Believing this action was a direct result of their union activities, the developer files a complaint with the NLRB.

  How it illustrates the NLRB's role: The NLRB would investigate this complaint to determine if the company engaged in an unfair labor practice by retaliating against the developer for exercising their protected right to organize. If the investigation finds evidence of anti-union discrimination, the NLRB could order the company to restore the developer's original position and responsibilities, and to cease interfering with employees' unionization efforts, thereby protecting employees' rights to unionize without fear of employer reprisal.

• Scenario: Overseeing a Union Representation Election

  Employees at a large grocery store chain decide they want to vote on whether to form a union to represent them in negotiations with management over wages and working conditions. They successfully gather enough signatures from their colleagues to petition for an official election. Both the company and the employees want assurance that the voting process will be legitimate, fair, and free from any undue influence.

  How it illustrates the NLRB's role: The NLRB would step in to oversee this election. It would determine the appropriate group of employees eligible to vote, set the date and location for the secret-ballot election, and ensure that both the company and the union adhere to strict rules regarding campaigning and conduct leading up to the vote. After the votes are cast, the NLRB would count them and certify the results, ensuring a fair and democratic process for employees to decide on union representation.

• Scenario: Addressing Unfair Practices by a Union

  A newly certified union at a manufacturing plant begins demanding that the company fire an employee who publicly expressed strong opposition to the union during the organizing campaign, even though the employee is performing their job well and is willing to pay union dues as required by a valid union security clause. The union threatens to initiate a work slowdown if the company does not comply with their demand.

  How it illustrates the NLRB's role: In this situation, the employee could file a complaint with the NLRB. The NLRB would investigate whether the union is committing an unfair labor practice by attempting to coerce the employer into discriminating against an employee based on their past opposition to the union, which is generally protected activity. The NLRB's intervention would prevent the union from abusing its power and ensure that individual employees' rights are protected, even from their own bargaining representative.