National Labor Relations Act: An Overview

Download a complete copy (.pdf) of the NLRA

The National Labor Relations Act ("the Act") is the source of Union rights and protections for private sector employees.

In 1935 the Wagner Act, which was enacted as the National Labor Relations Act, was passed by Congress. The Act's primary focus was the protection Of The rights of employees and unions. It guaranteed employees the right to join unions without fear of reprisals from management, and if guaranteed unions the right to bargain collectively with employers. It also specified that behavior by employers that was designed to discourage organizing or prevent collective bargaining constituted unfair labor practices, and it established the National Labor Relations Board to enforce the Act.

In 1947 the Taft-Hartley Act, which was designed to strengthen the rights of management, amended the Act. Taft-Hartley added provisions that restricted unions and defined union unfair labor practices, including the failure to provide fair representation to all employees in the bargaining unit.

In 1959 the Landrum-Griffin bill further amended the Act. It contained provisions regulating internal union affairs and prohibiting such things as organizational picketing.

Only minor changes have been made to the Act since Landrum-Griffin.

KEY PROVISIONS: The three most important sections of the Act are Sections 7, 8, and 9.

Section 7
Defines protected activity, which includes the right to act on behalf of the Union. That right gives rise to the special status of stewards and the equality principle.

Section 8
Imposes the obligation to bargain in good faith and defines employer and union unfair labor practices.

Employer ULP's are:

  • interference, restraint, or coercion directed against union activity
  • domination of unions
  • discrimination against employees who take part in union activity
  • retaliation for filing unfair labor practice charges or for cooperating with the NLRB
  • refusing to bargain in good faith

Section 9
Provides that certified or recognized unions are exclusive representatives of bargaining unit employees, and prohibits the adjustment of grievances unless a union representative is given the opportunity to be present.