Rights of Non-Union Employees: A Guide for Employers and Workers

Unions are not as popular as they were 60 years ago, and statistics show that less than 8% of American employees are part of a formalized union. For this reason, most employers might ask, "what do union rights have to do with me?". Actually, union labor union law rights can extend to non-union workers, so employer AND employees should be aware of these rights.

Unions Exist to Engage in Concerted Action

The primary function of a union is to allow employees, as a concerted group effort, to engage in actions to better their situation. Whether it's pay, working hours, workplace conditions or rules, employees have much more power as a group than any on single worker. What most employers and employees don't know, is that a union is not a requisite for concerted, employee actions.

All Employees Have the Right to Concerted Action

Many lawyers, employers and employees are unaware of a very important fact; Even non-union workers have the right to engage in concerted action. This right is protected under federal labor law, by section 7 of the National Labor Relations Act. An excerpt from the act reads as follows:

Sec. 7. [§ 157.] "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title]."

The most important line of the above excerpt, states that employees have the right to collective bargaining, and other concerted activities. Essentially, any employee, or more specifically, group of employees, has the right to work together and take group action in an effort to leverage the collective power of a work force to demand an increase in wages, change in hours, improvement of workplace safety, or any other issue. 

Which Employees have this Right?

The short answer is all of them. The National Labor Relations Act grant almost any worker, with the exception of supervisors, the right to concerted action.

Violations of the National Labor Relations Act

Any attempt by an employer to deny his workers their right to concerted action is a violation that can be remedied by employee reinstatement, full back pay with interest, and compensation of attorney or other legal fees. These violations are prosecuted not in court, but at an administrative hearing before the National Labor Relations Board. Additionally, any violations are required to be posted for all employees to read, that details the violation and the remedy.

Employers: Avoid Liability for Violations

Employers and business owners of all sizes need to be aware of federal labor laws regarding the employee rights covered above. Even unintentional violations will be remedied, and prove costly with regards to litigation, damages and penalties. 

In a recent case, an employer fired an employee for the violation of a confidentiality agreement. Unfortunately, the National Labor Relations Board found that the confidentiality agreement was too broad, in that it required employees not discuss their compensation with other employees. This was found to be a violation of the above section 7 law, and was remedied by company wide injunctive relief and a reinstatement of the fired employee, with back pay, plus interest.

Learn to Recognize Violations

It is important for employers to learn to recognize, not only obvious violations of this act, but more importantly, indirect violations such as the case mentioned above. Ensure all workplace policies and employee contracts do not violate, in even the slightest way, section 7 of the National Labor Relations Act. Even the most commonly accepted policies, if not drafted carefully, can lead to violations and costly consequences.

Always get advice from an employment lawyer regarding workplace polices and contracts to protect yourself from liability and penalties stemming from this act.

Bottom Line for Employees and Employers

It important for both employers and employees to understand the rights afforded both parties by the National Labor Relations Act. Although designed to give employees power to advance necessary workplace issues, it can often lead to legal trouble for honest, but unwitting employers.