Unions and Collective Bargaining

Unions and Collective Bargaining

The right of workers to organize and bargain collectively is protected by the National Labor Relations Act (NLRA), also known as the Wagner Act. This law establishes the framework for union-management relations in the private sector.

Employee Rights Under the NLRA

Section 7 of the NLRA guarantees employees the right to:

Forming a Union

The typical process for unionization:

1. Employees express interest; organizers collect authorization cards

2. If 30% or more of employees sign cards, a petition is filed with the NLRB for a representation election

3. The NLRB conducts a secret-ballot election

4. If a majority votes in favor, the union is certified as the exclusive bargaining representative

5. The employer must bargain in good faith with the union

Alternatively, employers may voluntarily recognize a union if a majority of employees sign authorization cards (card check).

Collective Bargaining

Once certified, the union and employer negotiate a collective bargaining agreement (CBA) covering:

Both sides must bargain in good faith over mandatory subjects (wages, hours, and terms of employment). Neither side is required to make concessions.

Unfair Labor Practices

The NLRA prohibits employers from:

The NLRA also prohibits unions from:

Right-to-Work Laws

Some states have enacted right-to-work laws that prohibit requiring union membership or payment of union dues as a condition of employment. The Supreme Court extended this principle to public-sector unions in Janus v. AFSCME (2018).