What Employers Need to Know About Section 7

Section 7 of the National Labor Relations Act protects employees’ unionization rights. Employers who violate this federal law could face legal action. Labor Consulting Group, LLC has more than two decades of industry experience. Here, we share our knowledge for employers who want to comply with Section 7.

What Is the National Labor Relations Act (NLRA)?

The National Labor Relations Act (NLRA) promotes collective bargaining between employees and employers. Workers can seek better working conditions and unionize without fear of retaliation. The act also protects employees who don’t associate with a union. 

NLRA Section 7 applies to employees’ rights to organize and collectively bargain. This section applies to the following:

• The right to self-organize.
• The right to create, join or help labor organizations.
• The right to collective bargaining through representatives. 
• The right to participate in concerted activities. Activities include collective bargaining, mutual aid and protection. 

Concerted activities refer to two or more employees joining to improve working conditions. 

Understanding the Labor Management Relations Act

Congress passed the Labor Management Relations Act (LMRA), or Taft-Hartley Act, in 1947. This act extended unfair labor practice restrictions from employers to unions. NLRA protects the right to join unions, while LMRA protects the right to refrain from joining. Unfair union practices include coercion, picketing or strikes by federal employees.

Implications of NLRA Section 7 for Employers

Noncompliance with Section 7 of the NLRA can have far-reaching consequences for employers. Understanding the implications and how to avoid unfair labor practices can keep you on the right side of the law. 

Section 7 Violation Consequences

The National Labor Relations Board (NLRB) investigates Section 7 violations and enforces punishment. Workers can file an unfair labor practice (ULP) complaint against an employer who infringes on their rights. The NLRB then investigates the charge. If found guilty, the company may face penalties, remedial actions or legal proceedings. 

Organizations may experience a loss of employee morale or reputational damage. Repeated violations could result in increased union activity. The NRLB or other regulatory bodies may audit noncompliant employers. This scrutiny has the potential for class action lawsuits or further penalties.

Examples of Unfair Labor Practices

The following unfair labor practices violate Section 7:

• Threatening employees with consequences for joining or supporting a union.
• Offering incentives during a union election so that they vote against forming a union.
• Taking disciplinary action or firing a worker for joining concerted activities. 
• Preventing employees from talking about union elections while at work.
• Prohibiting staff from wearing union symbols, including hats, buttons or T-shirts. 
• Spying on employees to uncover union activity. 

Bargaining and Its Role in Labor Relations 

Bargaining facilitates fair negotiations between employees — or their representatives — and employers. Open channels of communication help to build trust and resolve conflicts. Parties can agree on issues like wages, benefits, working conditions and job security. Employees feel empowered to voice their concerns and advocate for their rights. Bargaining may also prevent strikes or disputes that disrupt operations. 

Negotiating in good faith means parties engage in honest, fair discussions. This practice can ensure a successful outcome. Parties must remain respectful and avoid bad-faith tactics like intimidation or deceit. Good faith negotiation assures agreements that benefit all involved.

Compliance Strategies for Employers 

Employers that adopt these strategies can create a compliant and respectful workplace environment:

• Educate management: Train supervisors and HR personnel on employee rights under Section 7.
• Review policies: Audit workplace policies for clauses restricting workers’ rights.
• Encourage open communication: Foster a culture of open dialogue. Employees should feel comfortable discussing workplace concerns.
• Establish guidelines: Define guidance that respects employees’ rights to engage in union activities.
• Document interactions: Keep records of employee interactions. Include any grievances related to labor rights to show compliance.
• Consult legal experts: Seek advice from labor law attorneys to navigate complex situations. Professional advice ensures all practices align with NLRA requirements.

Your Trusted Section 7 Compliance Partners

The experts at Labor Consulting Group can keep your company Section 7 compliant. Our management training programs teach leadership how to create a positive working environment. Employee surveys capture worker sentiments before dissatisfaction escalates. Call us at (877) 890-8782 or contact us online today!