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What Is The National Labor Relations Act of 1935?

What Is The National Labor Relations Act of 1935?

Private sector workers across the U.S., including those who live in Pennsylvania and New Jersey, have a right to organize and to engage in collective bargaining in order to improve the conditions and terms of their jobs. These rights exist because of the National Labor Relations Act, a law that was passed in 1935. If you believe that your rights under the National Labor Relations Act have been violated, the attorneys at Swartz Swidler might be able to help.

What is the National Labor Relations Act?

Also known as the Wagner Act, the National Labor Relations Act of 1935 is a federal statute guaranteeing the basic rights of employees in the private sector to organize into unions, participate in collective bargaining and to take collective actions such as striking if necessary. The law also created the National Labor Relations Board. The NLRB holds elections that may require employers to participate in collective bargaining with unions. The law does not cover workers who are agricultural employees, supervisors, domestic employees, local, state or federal workers, independent contractors or workers who are covered by the Railway Labor Act.

Schedule an appointment today. Call (856) 685-7420 or

Schedule an appointment today.
Call (856) 685-7420 or

Enforcement of the act

The NLRB is tasked with enforcing the act. Unions and workers are allowed to act on their own to support their rights. The NLRB is designed to help and to bear some of the expenses. The NLRB oversees the process through which workers decide whether to be represented by a labor union and prosecutes violations. The processes are commenced in the regional offices of the NLRB. The board is able to interpret the law and to issue regulations. These interpretations are generally binding unless a court determines that the NLRB has acted outside of its authority. The NLRB is able to investigate, issue subpoenas, collect evidence and require people to give evidence. It is illegal for people to interfere with the actions of the Board.

Collective bargaining

Employees have the right to join unions and to collectively bargain. They have the right to self-organize, to form or join labor organizations and to collectively bargain through representatives that they choose. They are also allowed to engage in collective actions and to refrain from participating unless becoming a member of the labor organization is a condition of employment. There are some specific that govern collective bargaining, including the following:

  • Each unit of employees can have only one bargaining representative;
  • Employers must bargain with the representative of the workers; and
  • Workers are allowed to talk about wages.

Unfair labor practices

The law sets out a number of prohibited acts which are called unfair labor practices.

Employers are prohibited from the following:

  • Coercing, restraining or interfering with their employees in the exercise of their rights to associate, self-organize, join unions or form unions or to collectively bargain
  • Interfering with or dominating the administration or formation of a labor organization or to provide financial support to the organization
  • Discriminating in hiring or in a term or condition of employment in order to encourage or discourage membership in a labor organization
  • Discriminating against employees for filing charges or testifying
  • Refusing to engage in collective bargaining with the representative

Election of bargaining representatives

People who are elected by a majority vote of the workforce are entitled to become the exclusive representatives of the employees in order to engage in collective bargaining with the employer.

Exclusions

The NLRA does not cover public sector employees, rail workers or aviation employees. People who have religious beliefs against joining unions are allowed to not associate with them or to provide financial support for them. Domestic and agricultural workers are also excluded from the NLRA.

Contact the experienced employment and labor attorneys at Swartz Swidler

If your employer has engaged in unfair labor practices, you may have legal rights. Contact the experienced team at Swartz Swidler to learn more about your rights.

Most Frequently Asked Question: Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is to contact one of our attorneys. For more information check out the FAQ below or visit our FAQ Page

Most Frequently Asked Question:
Do I Have A Case?

While it is true that every case is different, The law is pretty clear in most cases. The best way to determine if you have a case is contact one of our attorneys. For more information on a just a few scenarios checkout the flip box FAQ below or visit our FAQ Page.

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Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

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Philadelphia, PA 19107

Phone: (215) 995-2733

Our Locations

Cherry Hill Headquarters

1101 Kings Hwy N
Suite 402
Cherry Hill, New Jersey 08034

Phone: (856) 685-7420
Fax: (856) 685-7417

Philadelphia Satellite Office

123 South 22nd Street
Philadelphia, PA 19107

Phone: (215) 995-2733