This post is an excerpt from “Unite & Win: The Workplace Organizer’s Handbook.”
The National Labor Relations Act (NLRA, also known as the Wagner Act) is legislation that protects the right to unionize. The National Labor Relations Board (NLRB) is the federal agency that enforces the NLRA.
Before the NLRA was passed in 1935, unions were often considered criminal conspiracies. But with the law’s passage, workers won the right to bargain collectively and strike. It also codified what it meant for employers to engage in unfair labor practices and required them to bargain in good faith. The NLRA protects private-sector workers and cannot be overridden by local laws. Bosses have spent decades lobbying to erode it.
The Limits of the NLRA
Public-sector employees are not covered by the National Labor Relations Act. Laws governing public-sector collective bargaining vary greatly by state. In some states, laws apply statewide as well as at the municipal level. In others, no statewide collective bargaining law exists, but some local jurisdictions might have laws covering their employees.
Some states don’t require collective bargaining, but they also don’t prohibit it. The Carolinas, Tennessee, Georgia, and Texas currently outright prohibit public-sector workers from collective bargaining. However, in accordance with their First Amendment rights, workers in those states can still form non-recognized unions.
Other worksites that don’t fall under the jurisdiction of the NLRB are federal sector workplaces, where the Federal Labor Relations Authority governs labor relations. Likewise, the railway and airline industries are covered by the Railway Labor Act. The NLRA also excludes agricultural and farm workers, domestic workers, gig workers, and independent contractors from protection. However, some of these workers may have specific organizing protections through state laws.
Organizing in Unprotected Industries
If you are angry about your working conditions but fall within an unprotected category as a worker, don’t despair. Even in situations with no formal collective bargaining, workers have formed and joined non-recognized unions or associations to advocate for their interests in the workplace and in the state legislature. They’ve taken collective action, and even gone on to strike. When workers come together, they can win gains even in legally unfavorable terrain.
Get your copy of “Unite & Win: The Workplace Organizer’s Handbook” to learn more about organizing your workplace.
