Figuring out which labor law applies to your workplace can be difficult because these laws are not well organized. Labor laws are often passed to address specific problems without much thought for other, similar problems. It’s more of a patchwork than a grand plan. This means different laws may apply to similar situations. Which labor law applies to you will depend on who you work for and what you do for them.

There are five main sets of labor law that may apply to your workplace; the National Labor Relations Act (NLRA), the Federal Service Labor-Management Relations Statute (FSLMRS), the Railway Labor Act (RLA), state law, or no law at all. A right-to-work law may also apply.

National Labor Relations Act (NLRA)

If you work in the private sector, meaning not for a government, and not in a workplace covered by the RLA, then you might be covered by the NLRA. The NLRA covers most private workers but not all of them. Some workers not covered by the NLRA include independent contractors, managers and supervisors, agricultural laborers, and domestic servants. Graduate students and medical residents are currently covered, but they weren’t in the past. Nurses in a Catholic hospital are covered, but teachers at a Catholic school may not be. Also, if you work for the United States Postal Service, you’re covered by the NLRA but are not allowed to strike.

The NLRA allows you to unionize, collectively bargain, and take collective action. If you are covered by the NLRA, you will interact with the National Labor Relations Board (NLRB). The NLRB will handle elections but doesn’t mediate contract negotiations. The NLRB will get involved if either you or your boss complain and say someone interfered with your rights, at which point the NLRB will investigate and decide if they want to do something about it.  

Federal Service Labor-Management Relations Statute (FSLMRS)

If you work for the federal government, you may be covered by the FSLMRS. The first major exception is if you work for the United States Postal Service, where you are covered by the NLRA but not allowed to strike. You are also not covered if you are a supervisor, manager, or work in an agency or subdivision involved in investigation, intelligence, or security. Some examples of excluded agencies include the Federal Bureau of Investigations and the Central Intelligence Agency. Agencies that implement government employment policies, such as the Federal Labor Relations Agency (FLRA) are also excluded.

The FSLRMS allows federal employees to form unions of their own choosing and to collectively bargain with respect to “conditions of employment.” These conditions normally do not include things like wages, medical benefits, or retirement benefits, but they do include things like the availability of daycare facilities and the allocation of parking spaces. Federal workers do not have the right to strike. If you are covered by the FSLRMS, you would interact with the FLRA. This authority handles elections, dispute resolutions, and determines the negotiability of an issue a union wants to negotiate about.

Railway Labor Act (RLA)

The RLA covers you if you work for a railroad or an airline. You will not be covered if you are a manager or work for a contractor. Things can get tricky if you work at the airport, for example as a baggage handler. The law is in flux there, so talk to a lawyer to be sure.

The RLA allows you to unionize and bargain collectively, but it also limits your right to strike, what it calls “self help.” If you are covered by the RLA, you will interact with the National Mediation Board (NMB). The NMB will handle the union election, where you will have to organize the “craft of class” of employees for an entire company (not just a specific work location). The NMB will also be involved in negotiations and dispute resolution as a mediator and an adjudicator. They do not want strikes shutting the country down, so they are very focused on long negotiations and “cooling off periods” eventually getting everyone to a deal. Sometimes, Congress may eventually step in and force a contract on the parties, preventing a strike.

State Law

If you work for a state or local government, the law of the state you work for covers you. Many states have laws similar to the FSLMRS.  Some states have laws that 

• Forbid themselves from negotiating with any unions, meaning you can’t collectively bargain
• Punish employees for engaging in strikes
• Allow some workers to strike sometimes
• Allow police, firefighters, or teachers’ unions, but not others
• Prohibit public unions in most of the state but allow exceptions for workers in bigger cities

If you work for a state or local government, it depends on the state. Check to see if your state has specific labor rights.

Right to Work

Right-to-work laws do not forbid unions; they govern how unions collect dues. A right-to-work law forbids a union agreement that allows the employer to automatically deduct your union dues from your paycheck and then give it to the union. Because unions must represent everybody and not just union members, it allows some workers to free-ride off the union members and gain the advantages of union representation without having to pay dues.

Right-to-work laws are an effort by business interests to deprive unions of resources by convincing their own members to leave and free-ride. Many states have right-to-work laws that affect any workplace covered by the NLRA, but these laws do not apply to you if you are covered by the RLA. If you work in the public sector, meaning for any government, the Supreme Court has ruled that your workplace is right to work, no matter what your state says.

No Law

If none of the above conditions are met, then you most likely work in an area where no labor law applies. There are other laws that may apply to your workplace, such as the Occupational Safety and Health Act (OSHA) or the Fair Labor and Standards Act (FLSA) or Title VII of the Civil Rights Act, but those don’t apply to union organizing or collective bargaining. They govern other things like workplace safety, wage theft, and discrimination.

If no labor law applies, that does not mean you cannot organize or strike, it just means that no government will protect you from whatever your boss does in response. It also means the government will do nothing to protect your boss from whatever you do. Intermittent strikes, sympathy strikes, secondary boycotts, and intentional slowdowns may be perfectly legal for you. But, it’s also legal for the boss to fire you for it.

It is also important to remember that just because it is “illegal” to do something doesn’t mean you can’t do it anyway. It just means that doing it comes with risks. The postal workers got what they wanted with an illegal strike. West Virginia teachers got some of what they wanted with an illegal strike. But the air traffic controllers suffered because of their illegal strike. What’s important is understanding the law that covers you so you can know the risks before you take action.