Under federal and New Jersey employment laws, workers have the right to organize themselves for collective bargaining and other activities related to advocacy for their interests in the workplace. The National Labor Relations Board (NLRB) oversees multiple aspects of federal labor law. This includes investigating alleged violations of workers’ rights under the National Labor Relations Act (NLRA), overseeing union elections, and bringing administrative cases against employers or unions. Some of the NLRA’s language is rather vague, leaving interpretation and implementation of the law to the NLRB. The administrative rulemaking process allows the NLRB to create rules and regulations based on the NLRA. These rules tend to shift as different administrations move in and out of the White House. This summer, the NLRB issued a final rule that makes several changes to the regulations. Some — but not necessarily all — of the changes may be helpful to New Jersey workers.
The NLRA addresses a variety of issues involved in labor relations.
– Section 7 of the statute defines employees’ rights, although it does so in very general terms. These include the right to organize, engage in collective bargaining, and engage in other activities related to “mutual aid or protection.” Employees also have the right to refrain from any of these activities.
– Section 8 defines “unfair labor practices” by employers and unions, such as restraining or coercing employees with regard to their rights under § 7.
– Section 9 deals with how to designate a union as employees’ official representative for collective bargaining, including procedures for union elections.
– Section 10 outlines the NLRB’s power to investigate and adjudicate complaints.
The NLRB’s new rule rescinds a 2020 rule and reinstates several practices that tend to benefit unions. One such practice is known as a “blocking charge.” This allows regional NLRB directors to postpone a pending election if they receive a charge alleging unfair labor practices that would restrict “employee free choice” in that election. The NLRB can investigate the charge before proceeding with the election. The 2020 rule required regional directors to allow election to go on despite the charge.
The new rule also reinstates the “voluntary-recognition bar doctrine.” This doctrine states that once an employer has voluntarily recognized a union as the employees’ representative without the need for an election, employees may not vote on a petition to decertify the union for a “reasonable period” of time. This is typically six months to one year. The purpose of this doctrine is to give the employer and the union a chance to negotiate a collective bargaining agreement. The 2020 rule allowed a decertification vote forty-five days after voluntary recognition.
The third change that the new rule makes concerns § 8(f) of the NLRA. This provision allows construction employers to enter into contracts with unions before they have established that the union has the support of a majority of the employees. This allows employers to deal with issues like bidding for jobs and pricing materials. The new rule allows unions to demonstrate majority support through written contract language, rather than the usual methods provided in NLRA § 9(a).
If your employer has violated your rights by engaging in unlawful workplace practices in New Jersey or New York, a knowledgeable employment lawyer can help you assert a claim for damages. Schedule a confidential consultation with the Resnick Law Group today online or by calling 973-781-1204 or 646-867-7997.