Labor Laws and Union Membership Notes

Labor unions are organizations that represent the interests of workers and provide them with legal protections.
Union membership peaked in the early 1950s with about one-third of U.S. workers being unionized.
As of 2021, union membership among wage and salary workers stands at 10.3%, a decrease from 10.8% in 2020.
Most labor unions in the U.S. are affiliated with large umbrella organizations, primarily the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and the Change to Win Federation.

National Labor Relations Act (NLRA) of 1935:
- Serves as the fundamental statute regulating labor-management relations.
- Protects workers' rights to organize, engage in collective bargaining, and use economic actions like strikes.
- Established the National Labor Relations Board (NLRB) to oversee the implementation of labor laws.
- Covers employers involved in interstate commerce, with some exemptions (e.g., railroad and airline employees).
Labor Management Relations Act (1947):
- Amended the NLRA in response to widespread strikes, placing restrictions on certain union practices.
- Prohibits agreements that require union membership as a condition for employment and allows states to enact right-to-work laws.
- Employers can express opposition to union formation, and the President can suspend strikes in emergencies.

Definition: Collective bargaining is the negotiation process to determine employment terms for a group of employees.
Typical terms negotiated include:
- Wages and benefits (health care, pensions)
- Work hours and overtime procedures
- Promotion and disciplinary procedures
Both parties must engage in good faith negotiations, avoiding tactics that stall or undermine the bargaining process, which may constitute unfair labor practices.
The NLRB oversees compliance and may intervene if necessary.

Union contracts specify arbitration processes for grievances against employer actions.
Affected members can initiate grievances, and unions have exclusive authority to represent members in arbitration.
The arbitrator’s decision is generally final, with limited court intervention unless there is significant procedural unfairness.
If a union decides against arbitration, individual members cannot pursue legal action independently.

The NLRA provides foundational protections for worker organizing and collective bargaining rights.
Collective bargaining represents an entire workforce, distinguishing it from individual negotiation.
Right-to-work laws allow employees to opt out of union membership without financial contributions to unions.
Successful union elections require a simple majority to certify a collective bargaining unit.
Strikers have certain rights, including picketing, within legal constraints.