Who is covered by nlrb

Many employers mistakenly believe that the NLRA only covers union activity, and that they need not be concerned with the NLRA unless they have a union or an organizing campaign.

The NLRA, however, protects the right of employees to engage in concerted activities for mutual aid and protection, and its coverage therefore can extend to non-union employers and to employee conduct that is not expressly union-related. The NLRB resolves representation disputes, conducts representation elections, and investigates and hears unfair labor practice charges.

In addition, the SLRA does not apply to: 1 employees or state or local governments or agencies who are covered by the Connecticut Municipal Relations Act; 2 members of religious orders; 3 agricultural workers; 4 domestic workers; 5 individuals employed only for the duration of a labor dispute; or 6 persons employed by their parents, spouses or children.

For more information, see our What We Do page. If your question is about unpaid wages, safety on the job, employment discrimination, workers' compensation, or a number of other work-related issues, you will have to contact a different government agency. Website links and phone numbers are available on this Related Agencies page. The NLRA applies to most private sector employers, including manufacturers, retailers, private universities, and health care facilities.

The NLRA does not apply to federal, state, or local governments; employers who employ only agricultural workers; and employers subject to the Railway Labor Act interstate railroads and airlines. See this Jurisdictional Standards page for more information. Most employees in the private sector are covered under the NLRA. The law does not cover government employees, agricultural laborers, independent contractors, and supervisors with limited exceptions.

By any other entity that is not an "employer" as defined in the NLRA. Unfair Labor Practices Nonunion employers that otherwise are accustomed to complying with employment laws and regulations nonetheless may be vulnerable in the area of employee rights under labor relation laws. The following actions may result in charges of unfair labor practices by management to the unwary employer: Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activities.

Threatening to close the plant if employees select a union to represent them. Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the NLRA.

Promising benefits to employees to discourage their union support. Transferring, laying off, terminating, assigning employees more difficult work tasks or otherwise punishing employees because they engaged in union or protected concerted activities. Prohibiting employees from wearing union hats, buttons, T-shirts and pins in the workplace. Making inquiries of job applicants about their union affiliations or their beliefs about labor unions.

Prohibiting employee use of company premises or resources such as e-mail and bulletin boards for protected concerted activities concerning employee wages, benefits or work conditions, but simultaneously permitting employees to use company premises or resources to solicit charitable contributions for example, for the United Way or engage in fundraising for example, for the high school band. Making statements in employee handbooks to the effect that employees are prohibited from disclosing their pay or other terms and conditions of employment with fellow employees.

Spying on employees to see whether they are engaging in protected concerted activities. Employers should not: Taunt or threaten.

Inquire or interrogate. Promise or punish. But here you are, meeting with those boneheaded union types. Interrogate "Hey, Jim, we have always had a good relationship.

So tell me, what did you guys talk about at the organizing meeting? I think she is trying to organize the workers. Prohibition of solicitation "anywhere on the premises" or "anywhere on company property" "in working areas" Rules that prohibit solicitation in all areas, including break rooms and cafeterias, are presumptively unlawful.

Prohibition of solicitation "while on the clock" "while on working time" If employees are allowed breaks without punching out, this phrase may suggest that solicitation during break time is unlawfully prohibited.

Solicitation is prohibited on "company time" "working time" The NLRB says that "company time" is misleading because it could lead employees to believe that it includes break time or mealtime. Prohibition of "union solicitation or distribution" "solicitation or distribution" Rules that discriminate against only union solicitation or distribution are unlawful.

Social media policies Under Section 8 a 1 , it is an unfair labor practice for an employer to interfere with, restrain or coerce employees in the exercise of their rights guaranteed in Section 7.

Employee handbooks The NLRB has also issued guidance on many employer handbook policies, such as employee conduct and at-will statements. HR's Role The role of HR professionals in nonunionized organizations with regard to labor-management relations can be tricky. The HR professional should: Acquire knowledge about managing human resources in a unionized environment. Alert upper management that the paradigm is changing. Urge upper management to be careful to follow the law.

Consult with legal counsel specializing in maintaining positive employee relations and related issues. Global Issues European countries typically have laws that are more pro-union than U.

Labor Relations. You have successfully saved this page as a bookmark. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark. Delete Cancel. You have successfully removed bookmark. Delete canceled. Please log in as a SHRM member before saving bookmarks. OK Proceed. Your session has expired. Please log in as a SHRM member. Cancel Sign In. Please purchase a SHRM membership before saving bookmarks. OK Join. An error has occurred. From Email. By Barbara Kate Repa.

The federal laws broadly regulating unions —and the amendments to those laws—have dramatically changed the look and function of unions over time. The changing laws have also acted as political mirrors, alternately protecting employees from unfair labor practices and protecting employers from unfair union practices as unions' influence in the workplace has ebbed and flowed. Labor unions secured the legal right to represent employees in their relationships with their employers when the National Labor Relations Act NLRA , passed in The NLRA requires most employers and unions to negotiate fairly with each other in good faith to try to agree to a contract that spells out the terms and conditions of employment for the workers who are members of the union.

The agency enforces this requirement by using mediators, negotiators, administrative law judges, investigators, and others. With the few exceptions mentioned below, the NLRA applies to all employers involved in interstate commerce, which generally means almost every company. Managers and supervisors are also not protected by the NLRA, and cannot join unions or be part of the bargaining unit. These employees are considered to be part of a company's management rather than its labor force.

In Oakwood Healthcare Inc. In Oakwood , the NLRB focused on two supervisory responsibilities: assigning work and directing the work of other employees. It found that an employee who assigns others to particular departments, shifts, or significant tasks is a supervisor, as long as making those assignments requires some independent judgment and discretion and is not simply clerical or routine in nature.

An employee who responsibly directs others—that is, who oversees the work of other employees and is held accountable for their performance—also qualifies as a supervisor. Since the decision, many employees who do not make hiring and firing decisions but exercise some authority over other employees will be classified as supervisors by the NLRB—even if they spend most of their time doing the same work as the employees they supervise.

The decision is widely expected to exclude more employees from union membership.