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When faced with unfair treatment at work, many workers turn to government agencies for help. One agency many employees turn to is the National Labor Relations Board (NLRB). The NLRB plays an important role in protecting workers’ rights, but its authority is very narrow. It is not a “catch-all” workplace agency, and it does not handle every kind of workplace problem.
What Rights Does the NLRA Protect?
The NLRB only investigates complaints that are covered by the National Labor Relations Act (NLRA). The NLRA is a federal law that protects the right for workers to form and join a union, or choose not to participate in union activity at all. The NLRA also protects employees’ rights to join together to improve their wages, hours, and working conditions. This is called “protected concerted activity.”
What is “protected concerted activity”?
For the “activity” to be “protected” under the NLRA, it must be “concerted,” meaning it involves more than one worker or is undertaken by a single worker acting on behalf of others.
Examples of protected concerted activity includes:
- Talking with coworkers about pay and working conditions
- Joining together to address workplace concerns and complaints
- Acting through social media or group messaging to raise workplace issues
- Union-related activities
What Kind of Complaints Does the NLRB Handle?
The NLRB investigates complaints of unfair labor practices committed by either employers or unions.
Examples of violations committed by employers include:
- Firing or disciplining workers for supporting a union.
- Threatening workers who discuss workplace issues with each other.
- Refusing to bargain in good faith with a union.
Examples of violations committed by unions include:
- Pressuring workers to support the union against their will.
- Refusing to bargain fairly with the employer.
- Calling or supporting strikes that are unlawful under the NLRA.
The NLRB does not investigate general workplace disputes that do not involve concerted activity or collective rights. If you were not engaging in discussions with coworkers or complaining to improve conditions for all workers, then then the NLRA may not apply. Typical individual claims the NLRB will not investigate include:
- An employee’s claim for wage theft, minimum wage violations, or unpaid overtime. Those complaints can be filed with the state or federal Department of Labor.
- An employee’s workplace discrimination, harassment, or retaliation claim under state or federal civil rights laws. Those complaints can be filed with the Equal Employment Opportunity Commission or Florida Commission on Human Relations.
- Workplace health and safety rules or retaliation for reporting safety violations (unless concerted efforts are involved). A worker can file safety complaints with OSHA.
If you are experiencing problems at work, knowing the limits of the NLRB’s power can save you time and help you focus on the right path. If you are unsure where to turn, talking to an experienced employment lawyer can help you figure out which laws apply to your situation and what steps to take. Contact Amanda here to schedule a consultation.
