Defending the Constitutional-Freedom to Join in a Union

Defending the Constitutional Freedom to Join in a Union

The U.S. Federal Law gives special power to citizens. It even protects your right to unionize. However, many lawyers and employers are taking advantage of the fact that most people don’t know about their basic rights. Most Americans don’t know about the NLRA or National Labor Relations Act. This act protects American workers from their employers. 

If you have a simple understanding of the NLRA, then you can easily start a union. Your attempt to start a union will fail if you don’t know about this act. Thus, you must have a basic understanding of this act. In this article, we are going to talk about how NLRA protects your right to unionize.

What is the National Labor Relations Act?

This is the most important labor law in the United States. If you are an American citizen, then you must know about this act. This act ensures that employees can start and organize into unions. You can engage in collective bargaining from your employer. This law even gives you the power to take collective action against your employer. 

The NLRA gives power to the workers. It gives you the right to join and form labor organizations. You can have your own representative who will bargain with the other party. The union can also engage in other activities which will help them in protecting themselves.

Rights to unionize

Section 8 of the NLRA states that your managers and supervisors can’t spy on you. This ensures that employers can’t spy on employees. They can’t bribe you or question you or threaten you regarding any union activity. Your employer can’t fire, demote, or penalize you for engaging in union activity.

Section 7 of this act states that you have the right to organize your own union. This union will negotiate with the managers or employer. You can discuss the union with your coworkers without any legal worries.

Your manager or employer can’t stop you from talking about a union. You can talk about the union during non-work time. Thus, you can talk about the union during your break times or after your work time. You can also distribute the union literature during this time period. But, the distribution should be done in non-work areas like break rooms or parking lots. 

If your employer allows you to talk about non-work-related issues, then you can also talk about the union during working time. They can’t discriminate between non-work-related issues and union issues.

How to enforce your right to organize into unions?

If you think that someone is violating your right to unionize, then you should contact the NLRB or National Labor Relations Board. They will help you in protecting your rights. You should contact them within 6 months. The investigation will start once you have filed a charge against a union or employer. These charges can be filed by any citizen. If you are seeing someone violating the rights of others, then you can also contact NLRB.

You can check the Contact NLRB page provided on the NLRB website. This will help you in finding the nearest NLRB office. You can get some assistance from this office. Your employer can’t retaliate against you for filing charges. 

You will be awarded remedial relief if the NLRB thinks that your employer has violated your rights. For example, if your employer has fired an employee unlawfully, then they will be forced to rehire the employee. Your employer will also pay the lost benefits and wages to the employee. 

If an employee has lost their job due to the union’s lawful conduct, then the union will be forced to seek the employee’s reinstatement. The NLRB will help you in reversing the effects of unlawful conduct. They will order the union or employer to stop breaking the law. Also, they will send a remedial notice to employees.

Conclusion 

The right to unionize is protected by the U.S. Constitution. The first amendment guarantees the freedom of petition, assembly, and speech. It also ensures your freedom of association. Freedom of association is recognized as a fundamental right in the USA. It protects your right to unionize and all union-related activities. If your employer is using some union-busting tactics, then they are directly violating the federal law. You can contact NLRB and file a complaint against your employer.

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Christophe Rude

Christophe Rude

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