National Labor Relations Act
What are my rights to organize a union under the National Labor Relations Act?

The National Labor Relations Act extends rights to many private-sector employees including the right to organize and bargain with their employer collectively. Employees covered by the Act are protected from certain types of employer and union misconduct and have the right to attempt to form a union where none currently exists.

Examples of Your Rights As An Employee Under the NLRA Are:

  • Forming, or attempting to form, a union among the employees of your employer.
  • Joining a union whether the union is recognized by your employer or not.
  • Assisting a union in organizing your fellow employees.
  • Engaging in protected concerted activities. Generally, "protected concerted activity" is group activity which seeks to modify wages or working conditions.
  • Refusing to do any or all of these things.

Click here for more information on your rights to organize a union under the NLRA.

Click here for more information on how to file with the National Labor Relations Board to form a union.

The NLRA forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or engaging in protected concerted activities, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights.

Section 8(a) (3) makes it an unfair labor practice for an employer to discriminate against employees "in regard to hire or tenure of employment or any term or condition of employment" for the purpose of encouraging or discouraging membership in a labor organization. In general, the Act makes it illegal for an employer to discriminate in employment because of an employee's union or other group, activity within the protection of the Act.

Click here for more information on protections for employees in organizing unions under the NLRA.