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Understanding Protected Activities Under Labor Laws for Employees and Employers

Federal and state labor laws protect employees' rights to engage in organizing activities without coercion or interference from employers. Employees can attend meetings, devise strategies, distribute union literature, discuss the union during accepted non-work times, and solicit support among coworkers. Employers also have rights under the Taft-Hartley Act to express opposition to unionization but must do so without coercion. Retaliation for organizing should be reported as an unfair labor practice. For more details, visit http://www.las-elc.org/factsheets/unions-organize.html.

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Understanding Protected Activities Under Labor Laws for Employees and Employers

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  1. Protected Activities • Federal and state labor laws prohibit most employers from coercing, prohibiting, or otherwise interfering with employees’ protected organizing activities.

  2. Protected Employee Activities • Attend meetings, devise organizing strategies and support each other; • Read and distributing union literature in non-work areas (such as parking lots) during non-work time (e.g. breaks, lunch, after work); • Talk about the union on work time (if non-work conversation is generally accepted); • Sign an authorization card asking your employer to recognize and bargain with your union; • Sign petitions or file grievances about wages, working conditions, and other job issues; and • Ask other employees to support the union, to sign authorization cards or petitions and to file grievances. • From: http://www.las-elc.org/factsheets/unions-organize.html

  3. Protected Employer Activities • Taft-Hartley provides protection for employers. • Express their opinions in written or verbal form in opposition of unionization; and • File a petition asking NLRB to determine majority preference for a union. • Generally, the first item must be free from coercion, promises of benefits if the union is opposed.

  4. Retailiation • Retaliation by employers should be reported as an unfair labor practice to the NLRB.

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