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Union and Concerted Activity Rights (NLRA)

The right of most private-sector employees to organize, join a union, or act together about pay and conditions without a union, and how unfair labor practices are charged.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Labor Law firms.

What it means

Section 7 of the National Labor Relations Act gives most private-sector employees the right to form, join or assist a union, to bargain collectively through representatives they choose, and to engage in other concerted activity for mutual aid or protection, and also the right to refrain from all of it. Concerted activity does not require a union: two or more employees discussing pay, complaining together to a manager about safety, or one employee raising a group concern on others' behalf is protected. The Act does not cover supervisors and managers, independent contractors, agricultural and domestic workers, or government employees, whose rights come from state law or, for federal workers, a separate federal statute.

An employer commits an unfair labor practice by interfering with, restraining or coercing employees in exercising those rights - for example by firing or disciplining someone for organizing or for discussing wages, threatening to close if workers unionize, interrogating employees about union support, promising benefits to defeat a union, or refusing to bargain with a certified union. Unions can commit unfair labor practices too, such as coercing employees or failing to represent members fairly. A unionized employee called to an investigatory interview they reasonably believe could lead to discipline has the right to ask for a union representative to be present.

Unfair labor practice charges are filed with a regional office of the National Labor Relations Board, which investigates at no cost to the person filing; the deadline to file is short and runs from the unlawful act. If the charge has merit and does not settle, the Board's General Counsel prosecutes it before an administrative law judge. Remedies are make-whole: reinstatement, back pay with interest, and notices posted at the workplace. Elections to choose or remove a union are also run by the Board, on a petition supported by a showing of employee interest.

Where this comes from

National Labor Relations Act, 29 U.S.C. §§ 151-169: employees and exclusions, § 152(3); employee rights, § 157; employer and union unfair labor practices, § 158(a)-(b); representation elections, § 159; charge procedure, limitation and remedies, § 160(b)-(c). Single-employee concerted activity: Meyers Industries, 281 NLRB 882 (1986). Representative at an investigatory interview: NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975). Federal employees: 5 U.S.C. Chapter 71. Regulations: 29 C.F.R. Part 102.

When people hire a lawyer for this

You can file an unfair labor practice charge yourself, and the NLRB regional office will explain the process. A labor lawyer is worth calling if you were fired or disciplined during an organizing drive or after acting with coworkers, if you are unsure whether you count as a supervisor or a contractor, or if you are also considering a discrimination or wage claim, since the deadlines and the right agency differ. Union members with a grievance should usually start with their union representative.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

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