Labor Law
The subset of employment law that specifically governs collective bargaining, union organizing, workers' right to concerted activity, unfair labor practices, and the relationship between employers, labor unions, and employees acting collectively.
- What Is Labor Law?
- Key US Labor Law Statutes
- Section 7 Rights: The Core of Labor Law
- The Union Organizing and Election Process
- Collective Bargaining Agreements (CBAs)
- Right-to-Work Laws
- Employer Obligations Under Labor Law
- Labor Law Violation Penalties
- Labor Law and Union Statistics [2026]
- Frequently Asked Questions About Labor Law
What Is Labor Law?
Key Takeaways
- ✓Labor law governs the relationship between employers, unions, and employees acting collectively. It's distinct from employment law, which covers individual employer-employee relationships.
- ✓The National Labor Relations Act (NLRA) of 1935 is the foundational US labor law. It guarantees workers the right to organize, form unions, bargain collectively, and engage in concerted activity.
- ✓The National Labor Relations Board (NLRB) is the federal agency that enforces the NLRA, conducts union elections, and adjudicates unfair labor practice charges.
- ✓Union membership in the US has declined from 20.1% in 1983 to 10% in 2023 (BLS, 2024), but public approval of unions hit 67% in 2023 (Gallup), and organizing activity is increasing.
- ✓Labor law applies to most private sector employers, but excludes federal, state, and local government employees, agricultural workers, domestic workers, independent contractors, and supervisors.
Labor law and employment law aren't the same thing, though people use the terms interchangeably. Employment law covers the rules between an individual employer and individual employee. Labor law covers what happens when employees act together. The right to organize. The right to strike. The process of collective bargaining. What employers can and can't say during a union campaign. What unions can and can't demand at the negotiating table. In the US, the National Labor Relations Act of 1935 created the legal framework. It established that workers have a fundamental right to organize and bargain collectively, and it created the NLRB to enforce those rights. Everything in US labor law flows from the NLRA and its amendments. Even if your workplace doesn't have a union, labor law still applies to you. Section 7 of the NLRA protects 'concerted activity,' which means employees discussing wages with each other, complaining about working conditions as a group, or organizing any collective action around workplace issues. You don't need a union for those protections to kick in.
Key US Labor Law Statutes
US labor law has evolved through a series of major statutes, each responding to the political and economic conditions of its era.
| Law | Year | Key Provisions | Effect |
|---|---|---|---|
| Norris-LaGuardia Act | 1932 | Restricted federal courts from issuing injunctions against strikes, picketing, and union organizing | Removed a major tool employers used to suppress union activity |
| National Labor Relations Act (Wagner Act) | 1935 | Guaranteed workers' right to organize and bargain collectively, created the NLRB | Established the foundation of modern US labor law |
| Taft-Hartley Act (LMRA) | 1947 | Restricted union power: banned closed shops, allowed states to pass right-to-work laws, regulated union elections | Balanced the NLRA by defining unfair labor practices by unions |
| Landrum-Griffin Act (LMRDA) | 1959 | Established union members' bill of rights, required financial transparency from unions | Protected union members from corrupt or undemocratic union leadership |
| Railway Labor Act | 1926 | Governs labor relations in railroad and airline industries | Separate framework from NLRA with different procedures for disputes |
Section 7 Rights: The Core of Labor Law
Section 7 of the NLRA is the most important provision in US labor law. It applies to all covered employees, union or not.
What Section 7 protects
Employees have the right to self-organization, to form or join labor organizations, to bargain collectively through representatives of their own choosing, and to engage in 'other concerted activities for the purpose of mutual aid or protection.' They also have the right to refrain from any of these activities. The phrase 'concerted activity' is broad. Two coworkers discussing their pay over lunch is concerted activity. A group email complaining about schedule changes is concerted activity. A social media post about unsafe working conditions can be concerted activity. The protection doesn't require a union or a formal organizing effort.
What employers can't do (Section 8(a) unfair labor practices)
Employers can't interfere with, restrain, or coerce employees in exercising their Section 7 rights. They can't dominate or interfere with a union. They can't discriminate against employees for union activity (no firing, demoting, transferring, or reducing hours because someone supported a union). They can't retaliate against employees who file charges with the NLRB. And they can't refuse to bargain in good faith with the certified union representative. The NLRB uses the acronym TIPS to summarize what employers can't do during a union campaign: Threaten, Interrogate, Promise, or Spy.
What employers can do (FORE)
During a union organizing campaign, employers can share Facts (true statements about unionization, dues, strikes), express Opinions (the company believes employees don't need a union), share Examples (factual accounts of strikes or union experiences at other companies), and describe the Rules (explain the election process, voting procedures). The key distinction is that employers can inform and persuade, but they can't threaten, interrogate, make promises tied to election outcomes, or spy on union activities.
The Union Organizing and Election Process
When employees want to form a union, there's a specific legal process that the NLRB oversees.
Showing of interest
The process starts when at least 30% of employees in a proposed bargaining unit sign authorization cards or a petition expressing interest in union representation. These cards are confidential. The employer doesn't get to see who signed. If 50%+ sign cards, the union can request voluntary recognition from the employer (a 'card check'), skipping the election entirely. Most employers decline voluntary recognition and insist on a secret ballot election.
NLRB election petition and process
The union files a petition with the regional NLRB office. The NLRB determines the appropriate bargaining unit (which employees are included), sets the election date (typically 15-25 days after the petition under current rules), and establishes voting procedures. Both sides campaign during this period. The employer must provide an Excelsior list (employee names, home addresses, phone numbers, email addresses, job classifications) to the union within two business days of the election direction. The election is by secret ballot. A simple majority of votes cast wins. Not a majority of all eligible voters, just a majority of those who actually vote.
Certification and bargaining
If the union wins, the NLRB certifies it as the exclusive bargaining representative for all employees in the unit. The employer then has a legal obligation to bargain in good faith over 'mandatory subjects of bargaining': wages, hours, and terms and conditions of employment. Neither side is required to agree to any specific proposal, but both must meet at reasonable times and make genuine efforts to reach agreement. The first contract negotiation takes an average of 465 days (Bloomberg Law, 2023).
Collective Bargaining Agreements (CBAs)
A collective bargaining agreement is the contract between the employer and the union that governs wages, benefits, working conditions, and dispute resolution procedures for all employees in the bargaining unit.
Mandatory subjects of bargaining
Federal law requires both sides to bargain over wages (base pay, raises, bonuses, overtime rates), hours (scheduling, shifts, overtime allocation), and terms and conditions of employment (health insurance, retirement plans, vacations, discipline procedures, seniority systems, safety rules, layoff procedures). Neither side can refuse to discuss these topics or make unilateral changes to them without bargaining first.
Common CBA provisions
Most collective bargaining agreements include a management rights clause (reserving certain decisions to the employer), a grievance and arbitration procedure (the mechanism for resolving disputes without litigation), seniority provisions (determining layoff order, recall rights, and promotion preferences), a no-strike/no-lockout clause (prohibiting strikes during the contract term), and a duration clause (typically 2-5 years with reopener provisions for specific topics).
What happens when negotiations stall
If the parties can't reach agreement, several options exist. They can request a federal mediator from the Federal Mediation and Conciliation Service (FMCS) at no cost. After good faith impasse, the employer can implement its last best offer on mandatory subjects. The union can authorize a strike (after the contract expires). The employer can lock out employees. Interest arbitration, where a neutral third party imposes contract terms, is rare in the private sector but common for police and firefighters in states that prohibit public safety strikes.
Right-to-Work Laws
Right-to-work laws are state laws that prohibit union security agreements, specifically the requirement that employees in a unionized workplace pay union dues or fees as a condition of employment.
How right-to-work laws work
In states without right-to-work laws, a collective bargaining agreement can require all employees in the bargaining unit to pay union dues or an agency fee (a reduced fee covering collective bargaining costs, not political activity). In right-to-work states, employees in a unionized workplace can choose not to pay any dues or fees while still receiving the benefits of the union contract (wage rates, grievance representation, benefits). As of 2024, 27 states have right-to-work laws. The Janus v. AFSCME (2018) Supreme Court decision effectively made all public sector employment right-to-work nationwide.
Impact on union membership and bargaining
Research from the Economic Policy Institute (2024) found that workers in right-to-work states earn 3.1% less than comparable workers in states without these laws, after controlling for cost of living and other factors. Union membership rates are roughly 5 percentage points lower in right-to-work states. Unions argue these laws create a 'free rider' problem where non-paying employees benefit from union bargaining without contributing to costs. Supporters argue they protect workers' freedom of association.
Employer Obligations Under Labor Law
Whether your workplace is unionized or not, labor law creates specific obligations for employers.
- Don't interfere with employees' Section 7 rights to discuss wages, working conditions, or organize collectively. This applies to all covered private sector employers, not just unionized ones.
- Don't maintain policies that could chill protected activity. Overly broad social media policies, confidentiality rules that prohibit wage discussions, and rules against 'negative talk about the company' can all violate the NLRA.
- If a union is certified, bargain in good faith over mandatory subjects. Refusing to meet, engaging in 'surface bargaining' (going through the motions without genuine intent to agree), or making unilateral changes to terms of employment without bargaining violates Section 8(a)(5).
- Don't discriminate or retaliate against employees for union activity or other protected concerted activity. This includes firing, discipline, schedule changes, transfers, or any other adverse action motivated by protected activity.
- Allow union representatives access to the workplace for purposes related to administering the collective bargaining agreement (grievance investigations, safety inspections).
- Provide relevant information the union requests for bargaining or contract administration (wage data, staffing information, financial data if the employer claims inability to pay).
- Post the NLRB's 'Employee Rights Under the National Labor Relations Act' notice in a conspicuous workplace location.
Labor Law Violation Penalties
The NLRB's remedial powers are primarily focused on restoring the status quo rather than punishing violators. However, the practical consequences of labor law violations can be significant.
| Violation Type | Potential Remedy/Penalty | Additional Consequences |
|---|---|---|
| Unlawful termination for union activity | Reinstatement with full back pay, minus interim earnings | Legal fees, negative publicity, energized organizing campaign |
| Refusal to bargain in good faith | Bargaining order, make-whole remedies | Extended litigation, strained labor relations |
| Unlawful unilateral changes | Restore prior terms, make employees whole | Grievances, potential unfair labor practice strike |
| Surveillance or interrogation during organizing | Cease and desist order, notice posting | Rerun election if employer conduct affected results |
| Unlawful threats or promises during election | Election set aside, new election ordered | Potential bargaining order without new election (Gissel order) |
| Maintaining unlawful work rules | Rescind rules, post notice of rescission | Chilling effect claims in future proceedings |
Labor Law and Union Statistics [2026]
Data showing trends in union membership, organizing activity, and public sentiment toward labor unions in the US.
Frequently Asked Questions
Can my employer fire me for talking about my pay with coworkers?
What's the difference between labor law and employment law?
Can an employer permanently replace striking workers?
Does labor law apply to gig workers and independent contractors?
Can a union be decertified?
What is a Weingarten right?
Written by Adithyan RK