Ch8. Labor Unions and Collective Bargaining — The Legal Framework of Collective Labor Relations

What Is a Labor Union?

Labor union: a group formed by employees to advance their mutual aid, protection, and collective bargaining rights.

Section 7 Rights under the NLRA:

Right to organize: the right to form, join, or assist labor organizations
Right to bargain collectively: the right to negotiate with the employer through a chosen representative
Right to engage in concerted activity: the right to act together for mutual aid or protection, including the right to strike

Forming a Union

Requirements

Workers must act on their own initiative without employer interference
Purpose must be the improvement of wages, hours, and working conditions
Free of employer domination or financial support

Grounds for decertifying a union (NLRB disqualification):

Supervisor or management representative is a member
Employer provides financial support making the union a “company union”

Types of Union Structures

Type	Characteristics
Enterprise union	Members are employees of a single employer — most common in the US
Industrial union	All workers in a particular industry (e.g., United Auto Workers, United Steelworkers)
Craft union	Workers in a specific trade (e.g., electricians, plumbers, actors)
General union	Open to workers across industries and occupations

Multiple Unions and Election Process

Multiple unions may seek to represent employees in the same bargaining unit. The NLRB election process determines which union (if any) will be the exclusive bargaining representative:

Petition filed by union or employees (showing 30% interest via authorization cards)
NLRB conducts a secret-ballot election
Winning union becomes the exclusive bargaining representative for all employees in the unit

Mandatory subjects of bargaining: wages, hours, and other terms and conditions of employment. The employer must bargain in good faith over these issues. Refusing constitutes an unfair labor practice.

Permissive subjects of bargaining: subjects the parties may bargain over but are not required to — for example, the composition of the bargaining committee, internal union governance, or certain business decisions.

The Bargaining Process

Union files election petition / wins representation election
Union certified as exclusive bargaining representative
Union requests bargaining; employer must respond
Good-faith bargaining: both sides must bargain in good faith, exchange proposals, and genuinely attempt to reach agreement
Agreement reached → CBA signed and ratified

Good-faith bargaining obligation: an employer violates § 8(a)(5) of the NLRA if it refuses to bargain, regresses from positions already agreed, or engages in surface bargaining without genuine intent to reach agreement.

Collective Bargaining Agreement (CBA)

CBA: the written contract between the union and the employer that sets the terms and conditions of employment.

Legal Effect

Normative effect: CBA provisions on wages, hours, and working conditions supersede individual employment contracts to the extent they are more favorable.

Exclusivity: the CBA is the exclusive source of employment terms for unit employees; the employer may not bypass the union and deal directly with individual employees on mandatory subjects.

Duration

The typical CBA lasts 1–3 years. After expiration, existing terms continue (status quo obligation) until the parties negotiate a new agreement or lawfully reach impasse.

Strikes and Concerted Activity

Strike: employees’ collective refusal to work as a means of pressuring the employer during bargaining.

Requirements for a Protected Strike

Who may call the strike: the certified union (must take a strike authorization vote) Purpose: to advance workers’ terms and conditions of employment (economic strike) or to protest unfair labor practices (ULP strike) Procedure: notice may be required under NLRA § 8(d) for certain industries; 10-day notice for healthcare facilities Conduct: no violence, threats, or coercion; mass picketing that blocks entrances is not protected

Employees on a protected strike retain their employee status and cannot be permanently replaced for a ULP strike; economic strikers may be permanently replaced by an employer, but the employer must reinstate strikers when positions become available.

Types of Concerted Activity

Strike: collective refusal to work
Slowdown: deliberate reduction in work pace
Picketing: demonstration at the employer’s premises to publicize the dispute
Sit-down / work-to-rule: strict compliance with every rule to reduce productivity (generally protected)
Secondary boycott: pressure on a neutral employer to stop doing business with the struck employer — generally prohibited under NLRA § 8(b)(4)

Unfair Labor Practices (ULPs)

ULP: conduct by an employer (or union) that violates the NLRA.

Employer ULPs — § 8(a)

Type	Description
Interference, restraint, coercion (§ 8(a)(1))	Threatening employees, surveilling union activity, promising benefits to discourage organizing
Domination or support of a union (§ 8(a)(2))	Creating a “company union” or providing financial support
Discrimination (§ 8(a)(3))	Discharging or otherwise discriminating against employees for union activity
Retaliation (§ 8(a)(4))	Penalizing employees for filing NLRB charges or cooperating with NLRB investigations
Refusal to bargain (§ 8(a)(5))	Refusing to bargain in good faith over mandatory subjects

Remedy: NLRB charge must be filed within 6 months of the alleged ULP. Remedies include reinstatement, back pay, cease-and-desist orders, and notice posting.

Learning Checklist

I can explain Section 7’s three core worker rights under the NLRA
I can distinguish mandatory from permissive subjects of bargaining
I can describe the normative and exclusive effects of a CBA
I can identify the four requirements for a protected strike
I can list the five categories of employer ULPs under § 8(a)