Under the National Labor Relations Act (NLRA), it is illegal for a union to engage in certain actions that infringe upon the rights of employees. Primarily, these prohibitions focus on preventing coercion and discrimination.
Prohibited Union Activities Under the NLRA
Unions are legally restricted from actions that undermine an employee's free choice or fair treatment, particularly concerning their employment and union membership. The core illegal activities for a union representing employees in bargaining with an employer include:
- Threatening Job Loss for Lack of Union Support: It is strictly illegal for a union to threaten an employee with the loss of their job if they do not support the union. This ensures that employees can make decisions about union affiliation and activities without fear of professional retaliation.
- Refusing to Process Grievances Based on Discrimination: A union cannot refuse to process an employee's grievance for discriminatory reasons. Specifically, it is illegal for a union to refuse to handle a grievance because an employee has criticized union officials or because they are not a member of the union. This protects the right of all employees within the bargaining unit to fair representation, regardless of their internal union politics or membership status.
These provisions are in place to safeguard the democratic nature of union representation and ensure that unions act in the best interest of all employees they represent, not just their members or supporters.
For more detailed information regarding employee rights and union obligations, refer to resources from the U.S. Department of Labor.
