Labor relations is an important aspect of the operations of all private sector employers, including nonprofit organizations, whether the workplace is unionized or non-unionized.
The National Labor Relations Act (NLRA)
In 1935, Congress passed the National Labor Relations Act (NLRA), a federal law that protects the rights of most employees in the unionized and non-unionized private sector, which includes non-profit organizations. At its core, the NLRA provides private-sector employees the fundamental right to seek better working conditions and designate labor representation without fear of retaliation. The NLRA grants private-sector employees the freedom to join or form labor unions, the right to engage in protected, concerted activities to address working conditions, and the right to bargain collectively through chosen representatives. The NLRA also provides employees the right to refrain from participating in these activities.
The National Labor Relations Board (NLRB)
The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 to enforce the NLRA. The NLRB’s primary functions include investigating and remedying unfair labor practices, enforcing the rights established by the NLRA, and conducting secret-ballot elections for union representation.
The NLRB is a bifurcated agency governed by both a five-member Board and a General Counsel. The President appoints Board Members and the General Counsel, with the consent of the Senate. Each Board Member is appointed to a four-year term and the term of one member expires each year. The General Counsel is appointed to a four-year term.
The General Counsel is responsible for the investigation and prosecution of unfair labor practices and supervises the NLRB field offices in the processing of cases. The Board appoints Administrative Law Judges, who hear, settle, and decide unfair labor practice cases. A decision and recommended order by an Administrative Law Judge can be appealed to the Board.