NLRB Overview: Protecting Workers and Nurses' Rights

Introduction to the NLRB

The National Labor Relations Board (NLRB) was created by an act of Congress in 1935. According to the agency's mission statement, the NLRB exists "to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy" (National Labor Relations Act, 2011, NLRB). Its original, primary purpose was to protect the rights of workers to unionize, although its mission has since expanded to protect the rights of all employees and to rein in potentially abusive practices by unions within certain workplaces.

NLRB Authority and Recent Case Examples

As an independent federal agency, the NLRB is "vested with the authority to safeguard employees' rights to organize and to determine whether to have a union as their collective bargaining representative, and to prevent and remedy unfair labor practices committed by private sector employers and unions" (National Labor Relations Act, 2011, NLRB). For example, an NLRB judge recently ordered an employer to reinstate members of a union after the employer broke off negotiations with its employees' union, declaring it a violation of federal law to refuse to reinstate striking workers when they offered to return (NLRB Judge finds Daycon Products violated labor laws, 2011, NLRB).

Another recent settlement mediated by the NLRB required an employer to more clearly define its rules about discussing wages, hours, and working conditions, after an employee was fired based on private Facebook posts made during non-work hours. The employer was also found to have violated the law by disciplining the worker when she requested union representation during the dispute (Settlement, 2011, NLRB).

Employee Rights Under the National Labor Relations Act

"The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining, or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from any such activity. Similarly, labor organizations may not restrain or coerce employees in the exercise of these rights" (Employee rights, 2011, NLRB). The NLRB protects both union members and non-union employees. Employers cannot interfere with workers' union membership, and employees cannot be coerced into performing certain union actions against their will, such as participating in an illegal strike.

On a state-by-state basis, some states have "right to work" laws prohibiting closed shops — that is, enforced union membership. Under these laws, it is up to each individual employee at every workplace, regardless of location, "to decide whether or not to join the union and pay dues, even though all workers are protected by the collective bargaining agreement negotiated by the union" (Employee rights, 2011, NLRB).

The NLRB and Nurses' Collective Bargaining Rights

Nurses often labor under difficult working conditions, such as long shifts, and having a union act as an advocate can be a vital component of receiving fair treatment in the workplace. The NLRB gives employees the ability to "act with co-workers to improve working conditions by raising complaints with an employer or a government agency" (FAQ, 2011, NLRB). The NLRB's powers include investigating complaints, seeking resolution through mediation, issuing decisions, and enforcing charges.