Employee Rights under the National Labor Relations Act (NLRA)

An employee had voiced his/ her opinion to call ASES (union representing employees in Alabama) and was rebuked for this. Can this employee write a rebuttal to this?

It is a protected right of an employee, as per the NLRA, to contact a union and discuss unionization and collective bargaining. One may consider responding by saying that summoning the ASES for unionization should not be viewed as a threat to an individual or an organization. One may also state that they would seek protection against employer retaliation for intending to summon ASES and would inform any interference with exercising the legal right to NLRB.

Would it be legal as per the NLRA for a supervisor to threaten to terminate employees if they talk about their salaries and other benefits?

Confidentiality of certain information may be safeguarded by the employers. However, talking about salaries amongst the employees is not considered as confidential information that needs to be safeguarded (as per NLRA). If one is of the opinion that some sections of the employees are subjected to discrimination by the employer and hence, wages were discussed; then NLRB or the labor union may be informed.

One should also take note that wages of individuals is an aspect that comes under the privacy concerns of the employees. Therefore, one would wish to safeguard the information about the amount of wages as confidential (if this policy is mentioned in the company handbook or not is immaterial). Majority of the employees are at-will employees who may be fired at any given point of time without any reason.

Would NLRA consider closed meetings of the union representatives and the management as private and confidential?

There is no requirement of confidentiality between the union representatives and the management. It is different to the attorney-client privilege. According to the law, no privilege exists for union representatives and management. If the union representatives and the management wish to keep their discussions private and confidential, then they may do so. However, this would then be a matter of contractual agreement and not that of a privilege established by law.

Is it possible for one to file a civil suit for damages when NLRB is assisting in getting back a job that an employee lost due to wrongful termination?

It may be hard for one to get a favorable ruling from the court regarding damages s4ch as “front pay” and/or future wages. NLRB may be able to assist in getting back penalties and damages. One may file a case under NLRA that bars retaliatory action against employees for pursuing union activities. Under Section 8 (a)(3) of the NLRA, one may be indemnified for either salary or any other dues that one would have gained had one not been fired for union activity. NLRB may order reinstatement of back-pay or a cease-and-desist order if NLRB considers it to be a case of breach. In the best interest of the employee, an attorney should be hired to file a case against the employer.

Provide details of the legal rights of union committee members in the railroad unions under Railway Labor Act (RLA) versus NLRA? Further, if there is any concerted activity, is it legal under the Act?

NLRA and the RLA give employees the right to join or form union or aid labor organizations for collective bargaining or representation and to engage in concerted activities for the same. Both these ban any restriction or denial of the freedom to self-organize or join labor organization. The critical difference is that, unlike the NLRA, the RLA does not provide railway employees with protected concerted activities.

As per NLRA it is not legal for unions to intimidate an employee with termination, refuse to address a grievance, discriminate against or take any adverse action in the event the employee does not want to join or support the union. NLRA covers private sector employees. However, public-sector employees, employees of air and rail carriers covered by the Railway Labor Act, independent contractors, agricultural and domestic workers, and supervisors are not covered by NLRA. If you have specific questions about NLRA or employee rights, it's best to ask an employment lawyer for answers.

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